Congressional Record, Senate, April 22, 2021 — S. 957 and Coronavirus Unemployment Assistance

Summary

A page of the Congressional Record, Senate, dated April 22, 2021, at pages S2153 and S2154. Mr. Kennedy asks for immediate consideration of S. 957, a bill to have the Department of Veterans Affairs designate periods when anyone may dispose of controlled substances medications at its medical facilities, and the Senate passes it as amended by substitute amendment No. 1459. Mr. Cassidy speaks about a lift boat that capsized off Grand Isle and the search for missing crew members. Mr. Lankford says additional unemployment assistance is leaving Oklahoma employers short of workers, remarks on the number of Supreme Court Justices follow, and Mr. Lee submits a statement on the COVID-19 Hate Crimes Act.

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“Congressional Record, Senate, April 22, 2021 — S. 957 and Coronavirus Unemployment Assistance.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-04-22-crec-2021-04-22-pt1-pgs2153-a50eb5eba8/, SHA-256 746a4f9b646becf508f1bcf50a3f835b8098357e3ee7bc1a53046f19da2fbc0f.

Full text

April 22, 2021 CONGRESSIONAL RECORD — SENATE S2153
boxes for unused drugs, including but Mr. KENNEDY. I suggest the absence In just 40 hours, the Coast Guard cov-
not limited to opioids, at VA medical of a quorum. ered more than 1,440 square miles of
centers to anybody who wants to go get The PRESIDING OFFICER. The the Gulf of Mexico, searching for miss-
rid of these unused drugs at any time. clerk will call the roll. ing crew members. To put that in per-
You don’t have to wait until Take The senior assistant legislative clerk spective, that is an area larger than
Back Day. This would be a permanent proceeded to call the roll. the State of Rhode Island. By Friday,
program. Mr. CASSIDY. Mr. President, I ask this area grew to a size larger than Ha-
The name of the bill is the Dispose unanimous consent that the order for waii, searching through sea and air.
Unused Medications and Prescription the quorum call be rescinded. Late last week, the National Trans-
Opioids Act. And before I offer this bill The PRESIDING OFFICER. Without portation Safety Board announced they
up, let me just give one more plug. I objection, it is so ordered. will open an investigation. The team
would remind everyone that this Sat- f arrived in New Orleans on Thursday,
urday, April 24, is Take Back Day. If and a preliminary report will be re-
you have unused medications, includ- DRINKING WATER AND WASTE-
WATER INFRASTRUCTRE ACT OF leased within the next 2 weeks.
ing opioids, that you want to get rid of, We deeply appreciate the volunteers
it will have been publicized in your 2021—MOTION TO PROCEED—Con-
who assisted the men and women from
community by the DEA. You can go tinued
the Coast Guard and many others in
drop them off, and I hope people will do SEACOR POWER LIFT BOAT the search and rescue, particularly dur-
that. Mr. CASSIDY. Mr. President, the ing the terrible weather. In the light of
Mr. President, toward that end, I ask year 2020 was a year filled with sadness this tragedy, this team effort dem-
unanimous consent that the Com- and grief for me, but, unfortunately, onstrates the best of humanity.
mittee on Veterans’ Affairs be dis- that sadness and grief struck again in We grieve with the families. We shall
charged from further consideration of the year 2021. always remember the lives of those we
my bill, S. 957, and the Senate proceed Last Tuesday, 100-mile-per-hour lost.
to its immediate consideration. winds capsized a lift boat with a crew May God watch over their souls. May
The PRESIDING OFFICER. The of 19 off the coast of Grand Isle, LA, they find eternal peace.
clerk will report the bill by title. just south of Port Fourchon. The U.S. Thank you, Mr. President.
The senior assistant legislative clerk Coast Guard and a group of Good Sa- I yield the floor.
read as follows: maritan boats rescued six crew mem- I suggest the absence of a quorum.
A bill (S. 957) to direct the Secretary of bers as winds continued between 80 to The PRESIDING OFFICER. The
Veterans Affairs to ensure that certain med- clerk will call the roll.
90 miles per hour and waves were 7 to
ical facilities of the Department of Veterans The senior assistant legislative clerk
Affairs have physical locations for the dis- 9 feet high.
posal of controlled substances medications. The Coast Guard credits those Good proceeded to call the roll.
Samaritans with saving four of the six Mr. LANKFORD. Mr. President, I ask
There being no objection, the com- unanimous consent that the order for
mittee was discharged, and the Senate rescued crew members. So, fortunately,
in the midst of a terrible tragedy, it the quorum call be rescinded.
proceeded to consider the bill. The PRESIDING OFFICER. Without
Mr. KENNEDY. Mr. President, I fur- turns out a crew of Coast Guard men
and women were on a boat doing a trial objection, it is so ordered.
ther ask that the Kennedy substitute
amendment at the desk be considered run when the SOS went out. And al- CORONAVIRUS

and agreed to, that the bill, as amend- though technically not Coast Guard, Mr. LANKFORD. Mr. President, I
ed, be read a third time and passed, and they were coastguardsmen, and they bring news back from Oklahoma to this
that the motion to reconsider be con- went out and aided in the rescue. We body and a request for dialogue. The
sidered made and laid upon the table are eternally grateful for their efforts, COVID bill that was passed a little
with no intervening action or debate. their hard work, and for the risk they over a month ago—that bill provided
The PRESIDING OFFICER. Without took to themselves to bring those crew all kinds of relief. As this body knows,
objection, it is so ordered. members back to shore safely, who re- we were deeply divided on that bill and
The amendment (No. 1459) in the na- turned safely. some of the issues within it.
ture of a substitute was agreed to, as In this tragedy, which affects us in One of the issues stretched out the
follows: Louisiana but, in a sense, affects us all, debate all the way to the last moment,
[Purpose: In the nature of a substitute] any loss of life is heartbreaking. But and it was the additional unemploy-
Strike all after the enacting clause and in- there are some who may not be found, ment assistance. The conversation
sert the following: and we pray their families find closure. about the additional unemployment as-
SECTION 1. DESIGNATION OF PERIODS DURING To date, six have been confirmed dead, sistance is this: The economy is re-
WHICH ANY INDIVIDUAL MAY DIS- including Anthony Hartford of New Or- opening. Is this the time to extend ad-
POSE OF CONTROLLED SUBSTANCES
MEDICATIONS AT FACILITIES OF
leans, James ‘‘Tracy’’ Wallingsford of ditional money above and beyond State
THE DEPARTMENT OF VETERANS Gilbert, Captain David Ledet of unemployment assistance, what we
AFFAIRS. Thibodaux, Ernest Williams of normally do? With unemployment
Section 3009 of the Johnny Isakson and Arnaudville, Lawrence Warren of rates going down, should we add more
David P. Roe, M.D. Veterans Health Care and Terrytown, and Quinon Pitre of Frank- money on top of it?
Benefits Improvement Act of 2020 (Public lin. No one really knew what would hap-
Law 116–315; 38 U.S.C. 8110 note) is amended—
Seven are still missing. Each day pen when that occurred, but we had
(1) by redesignating subsection (b) and (c)
as subsections (c) and (d), respectively; and that passes, the prognosis—the chance some suspicions. The 2 weeks I spent
(2) by inserting after subsection (a) the fol- of finding them—obviously decreases. I traveling around the State, the week
lowing new subsection (b): would like to take a moment to recog- before Easter and after Easter, in town
‘‘(b) DESIGNATION OF PERIODS FOR ANY INDI- nize those still missing: after town after town after town after
VIDUAL TO DISPOSE OF MEDICATION.— Jay Guevara, Dylan Daspit, Gregory town, I heard the same thing from em-
‘‘(1) IN GENERAL.—The Secretary shall des- Walcott, Chaz Morales, Jason Krell, ployees and employers.
ignate periods during which any individual Employees would tell me that some-
Darren Encalade, and Chris Rozands.
may dispose of controlled substances medi-
cations at a covered Department medical fa-
Our thoughts and prayers are with body who used to work next to them is
cility. the crew members of the capsized ves- now at home because they are making
‘‘(2) PUBLIC INFORMATION CAMPAIGNS.—The sel, their loved ones, and their commu- as much money at home on unemploy-
Secretary may carry out public information nities. ment assistance as they would when

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campaigns regarding the periods designated While we mourn this loss, we also working. So the person standing there
under paragraph (1).’’. rise to recognize the heroic efforts of working at the factory, the person
The bill (S. 957), as amended, was or- the Coast Guard, the Good Samaritans, standing there working at the res-
dered to be engrossed for a third read- and all involved in the search-and-res- taurant is ticked off at the person who
ing, was read the third time, and cue efforts that continued for 6 is at home watching TV, making as
passed. straight days. much money as they are.

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S2154 CONGRESSIONAL RECORD — SENATE April 22, 2021
The employer is just as frustrated or fourth day, they did the same thing had nine Supreme Court Justices—
more because they have all kinds of or- again—called him in, wrote it up. By nine. Now, we started out originally
ders coming into their business, say- the fifth day, they fired him. with six, and then it dropped for just a
ing: Can you send us more of this? And His exact words to his manager on little while to five and then went right
they could, except they don’t have the floor: What took you so long? back to six again.
enough labor. There is a restaurant in Oklahoma When we added a seventh circuit
An additional $300 a week was added City that told us they were preparing court in 1807, it popped from six to
on top of the unemployment assistance to reopen. Finally, the pandemic is seven, and there was some discussion
and extended out all the way to the over. We have a very high percentage about whether it would just continue
first week of September. At the same of folks in Oklahoma who have re- based on the number of circuit courts.
time, checks were sent out to every in- ceived the vaccine. We are one of the It was determined that, no, that was a
dividual. Then they were told they top 10 States in the country for distrib- bad idea.
would get a $10,000 tax break. The com- uting the vaccines. Then it went to nine in 1837. Lincoln
bination of those three things together Our State, our county, our local of- actually added 1 to make it 10, and
has caused some folks to do what peo- fices, our hospitals, and our Tribal they determined that was really too
ple do in a free market: They look to areas have done a fantastic job getting many and brought it back down to 7,
see where they are going to work based the vaccine out. We are open. actually.
on where they can make the most One of the restaurants trying to re-
In 1869, we went back to nine again,
open in the Plaza District of Oklahoma
money at that moment. That is what a where we were most of the time before
City, a beautiful cultural district,
free market is like. That is why em- that and where we have remained, nine
couldn’t reopen because they couldn’t
ployers continue to pay a little more to Supreme Court Justices. That is not
hire people because they got larger un-
get good employees. But the problem just a random number; it seems to be a
employment benefits, and they remain
is, in Oklahoma, where there is a low pretty good number—nine—to be able
closed.
cost of living, many of our employers The mayor of Muskogee told me that to open up debate.
are struggling to find workers because most employers in their town are I don’t just think it is a pretty good
they are competing against this body. struggling to be able to get employees number. There is a rather famous and
The employees are ticked because to get back to work. some would say ‘‘notorious’’ Justice
they are at work working, paying In Northern Oklahoma, in Perry, named Ruth Bader Ginsburg. She made
taxes, and the person who used to work there is a restaurant that was talking this statement in 2019 when asked
next to them and probably will return to one of my staff this week that said about Court-packing and asked about
this October got several months off and they are having to close early because increasing the size of the Court. In
is making the same, except for the per- they can’t get enough business. 2019, Ruth Bader Ginsburg said:
son working is paying for the person I would tell you, a couple of Sundays Nine seems to be a good number. It’s been
not working, and they are a little ago, my wife and I drove to go eat that way for a long time. . . . I think it was
ticked off about it. lunch after church, and we went to two a bad idea when President Franklin Roo-
I bring this to you because this is not restaurants before we had to go to a sevelt tried to pack the court. . . . If any-
hypothetical. In Oklahoma, our unem- thing [it] would make the court look par-
third to find a restaurant that was
ployment rate dropped again to 4.2, but tisan.
open. The second restaurant literally
we still have 100,000 people. Our rates had a sign on their door: ‘‘Closed Due That is not just one Justice. Early in
continue to rise for people filing first- to Labor Shortage.’’ April this year, Justice Breyer was
time claims, but I promise there is not This is a real issue that was created speaking at the Harvard Law School,
a town you can go to in Oklahoma that in this room that is impacting my and he addressed this issue of Court-
doesn’t have ‘‘help wanted’’ signs all State trying to reopen. I have no idea packing while this body is in the mid-
over town. I heard it from every single if my Democratic colleagues will ac- dle of a conversation about Court-pack-
town that I went to, from employers in knowledge this as a real problem or ing—extremely rare for that to occur.
every single place that they cannot will just say: That is a hypothetical Justice Breyer stated:
compete with what the government is issue; it is not real. But this is going to I’m an optimist. The rule of law has weath-
just mailing to people for staying at continue all the way through Sep- ered many threats, but it remains sturdy. I
home. tember, and my State is not going to hope and expect that the Court will retain
The very first day I was out a couple be able to reopen. This will get even its authority, an authority that my stories
have shown was hard-won. But that author-
of weeks ago, I was in Tulsa at a busi- worse in the days ahead when addi-
ity, like the rule of law, depends on trust, a
ness there that does manufacturing. He tional money will start being shipped trust that the Court is guided by legal prin-
told me that for the first time ever— out to families in the change in the ciple, not politics. . . . Structural alteration
and he has owned the business a long child tax credit, when people will lit- motivated by the perception of political in-
time—for the first time ever, one of his erally start getting checks in August fluence can only feed that latter perception,
managers came to him and said: You on top of the other checks they are re- further eroding that trust . . . There is no
are not going to believe what just hap- ceiving. shortcut. Trust in the courts, without which
pened. I bring this to this body because I our system cannot function, requires knowl-
They had an employee who came up would like for us to have a conversa- edge, it requires understanding, it requires
engagement. In a word, it requires work.
to them and said: I would like for you tion about it and for somebody in this
Work on the part of all citizens. And we
to fire me. body to acknowledge that a mistake must undertake that work together. . . .
He said: Well, why in the world would was made and we need to fix this. What I’m trying to do is to make those
I do that? We all agreed last year to be able to whose initial instincts may favor important
He said: Well, I just figured out, with help during the time of the pandemic. structural change or other similar institu-
the tax break and what I would get on People needed help. Everyone was out tional changes—such as forms of court-pack-
unemployment assistance, I could of work, and there were no options for ing—think long and hard before they embody
make as much staying at home as I work. That is not true anymore; yet those changes in law.
could working. But I need you to fire these larger benefits are still coming That was so well received, by Justice
me so I can go file for unemployment. out. Breyer, that progressive activists
He literally said to him: I am not This needs to be addressed. For the started calling for him to take early
going do that. Go back to work. sake of getting our economy going retirement.
So the next day, the guy showed up again, this needs to be addressed. I Court-packing is not a new conversa-

dlhill on DSK120RN23PROD with SENATE
30 minutes late to work, and at lunch- would hope we could have a reasonable, tion in this body, but it has not been
time, he took an hour and a half off. He rational, fact-based conversation about well received in the past.
did the same thing the next day. The it. The Court has always ebbed and
third day, according to protocol in U.S. SUPREME COURT flowed in its liberal or conservative
their company, they called him in, Madam President, for most of the bents. President Obama spoke openly
talked to him, and wrote it all up. The history of the United States, we have when he was President about the Court

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April 22, 2021 CONGRESSIONAL RECORD — SENATE S2155
in the 1960s. That was a very progres- lished traditions as a way of stopping that Our careers in the Senate will one day
sive Court in the 1960s that drove con- activism. end—as we are only the Senate’s temporary
In May 1937, the Senate Judiciary Com- officeholders—but the Senate itself will go
servatives crazy with some of the deci-
mittee—a committee controlled by the on. Will historians studying the actions
sions they made, but there was no Democrats and supportive of his political taken in the spring of 2005—
packing of the Court to try to change ends—issued a stinging rebuke. They put out
the direction of the Court in the 1960s a report condemning Roosevelt’s plan, argu-
When Joe Biden stated this in the
and 1970s. There was a frustration but a ing it was an effort ‘‘to punish the Justices’’ Senate—
realization that nine was the right and that executive branch attempts to domi- [Will they] look upon the current Members
number. nate the Judiciary lead inevitably to an of this Senate as statesmen who placed the
autocratic dominance, ‘‘the very thing institution of the United States Senate
Over time, the Court, as it does, as it above party and politics? Or will historians
against which the American Colonies re-
ebbs and flows over the decades, has volted, and to prevent which the Constitu- see us as politicians bending to the will of
flowed to be more conservative. In the tion was in every particular framed.’’ the Executive and to political exigency? I,
days ahead, at some point, it will flow Our predecessors in the Senate showed for one, am comfortable with the role I will
to be more liberal. It just will. But the courage that day and stood up to their Presi- play in this upcoming historic moment.
rule of law is important. It is not a new dent as a coequal institution. And they did Then he stated this, from Senator
concept that is being addressed, but it so not to thwart the agenda of the President,
Joe Biden:
is one this body should think long and which in fact many agreed with; they did it
to preserve our system’s checks and bal- I hope . . . my colleagues [will] feel the
hard about. ances; they did it to ensure the integrity of same.
Quite frankly, I agree with Joe Biden the system. When the Founders created a So do I. Less than the days ahead,
on this concept, but not the President ‘‘different kind of legislative body’’ in the history will look at the unwinding of
Joe Biden, the Senator Joe Biden. Senate, they envisioned a bulwark against the judiciary based on a season in the
With this body’s permission, let me unilateral power—it worked back then and I
Supreme Court, as we have had seasons
read Joe Biden’s speeches when he was hope it works now.
and cycles before. Don’t unwind the ju-
in the U.S. Senate and he stood right Said Joe Biden during that time. diciary for a season.
over there and spoke on this floor or The noted historian Arthur Schlesinger, I yield the floor.
spoke in committee hearings when he Jr.—
The PRESIDING OFFICER. The Sen-
was in the Judiciary Committee, Joe Biden, continuing as Senator— ator from Ohio.
speaking often about this issue. has argued that in a parliamentary system
OPIOID EPIDEMIC
Joe Biden, once speaking, made this President Roosevelt’s efforts to pack the
statement. He said: Court would have succeeded. Schlesinger Mr. PORTMAN. Madam President, I
writes: ‘‘The Court bill couldn’t have failed if appreciate the thoughtful comments
President Roosevelt clearly had the right
to send to the U.S. Senate and the U.S. Con- we had a parliamentary system in 1937.’’ A from my colleague from Oklahoma of
gress a proposal to pack the Court. It was to- parliamentary legislature would have gone the need for us to have an independent
tally within his right to do that. He violated ahead with their President, that’s what they judiciary.
no law; he was legalistically absolutely cor- do, but the Founders envisioned a different I am on the floor to talk about a dif-
rect. But it was a bonehead idea. It was a kind of legislature, an independent institu- ferent issue, and it is the latest, very
terrible, terrible mistake to make. And it tion that would think for itself. In the end,
Roosevelt’s plan failed because Democrats in
troubling information that we are re-
put in question, for an entire decade, the ceiving regarding the addiction epi-
independence of the most significant body— Congress thought court-packing was dan-
gerous, even if they would have supported demic and specifically drug overdose
including the Congress, in my view—
the newly-constituted Court rulings. The in- deaths in the United States. I am also
The most significant body in this stitution acted as an institution. going to talk about some of the steps
country— In summary, then, what do the Senate’s we can take right now to address that
—the Supreme Court of the United States of action of 1795, 1805, and 1937 share in com- reality.
America. mon? I believe they are examples of this
body acting at its finest, demonstrating its
One of the top priorities I have had in
The President had the right to do that. He
constitutional role as an independent check this body and in the House has been
was totally within his power, and his objec-
tive was seen clearly. on the President, even popularly elected this drug addiction issue. Frankly, this
Well, the President clearly has the right to Presidents of the same party. is a moment of frustration because we
do what he is doing, in my view. That was from Senator Joe Biden. were making progress, and then
But he also called it ‘‘bonehead.’’ His challenge to this body was to think COVID–19 hit. Unfortunately, the drug
Joe Biden, as Senator, also continued long and hard before they destroyed an epidemic has hit my State of Ohio par-
with this statement. He was discussing institution of our government. It was ticularly hard. The latest data from
the same issue. He said: ‘‘The Senate right then; it is right now. the Centers for Disease Control and
again stood’’—by the way, this was two In a final statement from Joe Biden, Prevention, the CDC, show that it is a
decades later, after Joe Biden made he spoke about the filibuster—often, pretty grim picture right now, and it
that statement I just read. Two dec- actually, about the filibuster. Senator should be a wake-up call to all of us.
ades later, Joe Biden still has the same Biden stated this: Overdose deaths rose nearly 30 percent
passion. He stated this: The Framers created the Senate as a nationwide from September 2019 to
unique legislative body designed to protect September 2020. During this time pe-
The Senate again stood firm in the 1937
court-packing plan by President Franklin
against the excesses of temporary majority, riod, you can see the overdose deaths
including with respect to judicial nomina- numbers going up dramatically.
Roosevelt. This particular example of Senate
tions; and they left us all the responsibility This is heartbreaking for me because
resolve is instructive for today’s debates, so
of guaranteeing an independent Federal judi-
let me describe it in some detail. It was the we were making progress. After lit-
ciary, one price of which is that it some-
summer of 1937. President Roosevelt had just erally decades of increases in drug
times reaches results Senators don’t like.
come off a landslide victory over Alf Landon, overdose deaths every single year—dec-
It is up to us to preserve these precious
and he had a Congress made up of solid New ades—going back to the 1990s, we fi-
guarantees. Our history, our American sense
Dealers. But the ‘‘nine old men’’ of the Su-
of fair play, and our Constitution demand it. nally here in the 2017, 2018, 2019 periods
preme Court were thwarting his economic
agenda, overturning law after law over- Joe Biden continued. As Senator, he began to make progress in reducing
whelmingly passed by the Congress and from said: overdose deaths. In fact, in Ohio, we
statehouses across the country. I would ask my colleagues who are consid- had a 24-percent decrease in overdose
In this environment, President Roosevelt ering supporting the ‘‘nuclear option’’— deaths during 1 year, 2018, but, right
unveiled his court-packing plan—he wanted those who propose to ‘‘jump off the preci- now, the numbers are getting higher
to increase the number of Justices on the pice’’—whether they believe that history will and higher, and it is everywhere.

dlhill on DSK120RN23PROD with SENATE
Court to 15, allowing himself to nominate judge them favorably. In so many instances As you can see from this chart, if
these additional judges. In an act of great throughout this esteemed body’s past, our
something is in any of these colors,
courage, Roosevelt’s own party stood up forefathers . . . stepped back from the cliff.
against his institutional power grab. They In each case, the actions of those statesmen this means that there is an increase in
did not agree with the judicial activism of preserved and strengthened the Senate, to overdose deaths. If it is in blue, it
the Supreme Court, but they believed that the betterment of the health of our constitu- means there is a decrease, and this was
Roosevelt was wrong to seek to defy estab- tional republic and to all of our advantage. just during this period of September

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S2156 CONGRESSIONAL RECORD — SENATE April 22, 2021
2019 to September 2020, the latest data troversial, but I hear it from the ex- substantial, several billion-dollar com-
for which we have good information. It perts—and those are the people on the mitment we made here in this Chamber
doesn’t even include all of 2020, and as ground, in the field, who are dealing for more prevention, treatment, and
we know, the pandemic, unfortunately, with this issue—is that, when we here longer term recovery with naloxone
went all the way through 2020 and into in Congress provided lump sums to all and so on, made a difference, but it has
2021. All of the data show that, as you Americans under a certain income— been 5 years.
got further into the pandemic, we had and you will remember the individual During that time, I have visited with
higher rates, so we expect, when the payments—they didn’t go out right literally hundreds of different organi-
final data come out for 2020, it will be away because our State offices couldn’t zations in my home State. I have also
even higher. process them quickly enough, particu- just talked to a lot of experts about
Here is where we are now. Look at larly with regard to unemployment in- this. I have been to a lot of nonprofits,
this. Other than the State of South Da- surance, wherein our workers’ comp from Cleveland to Cincinnati and from
kota, every single State has seen an in- and our unemployment offices could Portsmouth to Toledo. I have talked to
crease—and a substantial increase in not get the money out the door on a literally hundreds of recovering addicts
many cases—in overdose deaths. This weekly basis but could retroactively about what works and what doesn’t
is in 49 of 50 States. In my own State of provide those funds. work for them.
Ohio, there has been about a 25-percent We had individuals getting—instead There is legislation that we are in-
increase in overdose deaths during this of $300 a week or $600 a week—$10,000 a troducing now, which we call CARA 3.0.
period. week because it was an accumulation We had the first Comprehensive Addic-
Only a few years ago, again, we were of many weeks. People were owed that, tion and Recovery Act, and we had a
making progress. One reason that we but getting these big lump sums was second one back in 2018, a smaller one.
had begun to turn the tide was because not helpful in the context of many peo- Now we have this new, bipartisan
of work that had been done here in the ple who were in recovery because it led CARA 3.0 legislation. Senator SHELDON
U.S. Congress. Right around this time to their purchasing drugs and it led to WHITEHOUSE is my coauthor, but we
period, we passed legislation called the what we are finding out—again, back have a number of Members who have
Comprehensive Addiction and Recov- home—in talking to the experts, were joined up to help, and it addresses
ery Act. We also passed legislation some of the reasons you had this spike. three major areas.
called the 21st Century Cures Act. Both So there are a lot of reasons here. One is research and education. We
were signed into law in 2016. So it I guess what we need to focus on now still need to find out more, and we still
would have been in this period. It be- is, How do we get beyond this? need to get better research and better
came effective in this period and actu- These deaths are happening away alternatives to opioids to deal with
ally helped to reduce overdose deaths from the national headlines because pain because much of this is being driv-
for the first time in decades. the coronavirus is taking the national en, as you know, from opioids—both
I commend my colleagues for that headlines, understandably. A story just heroin and prescription drugs but also
legislation. It was the first time we had last week, from a news station in Day- these new synthetic opioids, which are
ever funded recovery, as an example. ton, OH, summed it up perfectly with a the deadliest of all.
We also funded prevention and treat- quote from Lori Erion, who is the Second, we focus on education. Get-
ment and provided our law enforce- founding president of Families of Ad- ting the prevention message out there
ment with more naloxone, this miracle dicts. is incredibly important to keep people
drug that reverses the effects of an She said: from coming into the funnel of addic-
overdose. Many of my colleagues have During the pandemic, addiction and fami- tion in the first place, which is incred-
had the opportunity to speak with lies struggling with it haven’t gone any- ibly powerful and effective.
their local addiction boards or have where. We have been here the whole time. Third, of course, are treatment pro-
been with law enforcement or other But they have not gotten much no- grams.
first responders—firefighters—who tice. There were 87,000 people who died The fourth is recovery. Again, Con-
have used this naloxone effectively to from overdoses in the September 2019 gress had never funded recovery before;
save lives. to the September 2020 period we talked yet all of the best science shows that
So things were getting better until about. There were 87,000 Americans these recovery programs, when done
we saw this big increase in connection who died. If not for the COVID–19 pan- properly, can be incredibly helpful, and
with the coronavirus pandemic. The demic, I don’t think we would have longer term recovery, unfortunately, is
stresses of this unprecedented time, seen this increase—from everything we needed, which is costly, but the alter-
clearly, have contributed to the spike are hearing if the correlation is almost native is worse.
in drug abuse. People have felt precise—but also we would be hearing a Finally, there is criminal justice re-
lonelier. People have felt more iso- lot more about the addiction crisis and form, which I will talk about in a mo-
lated. Specifically, people have not doing more about it here. ment.
been able to get access to recovery pro- We did put some funding into the It will bolster our work to prevent
grams. Being in person with a recovery CARES Act and into the two most re- drug abuse before it happens through
coach is a whole lot different than cent COVID–19 packages to help with funding for research and education. A
being on a Zoom call. That is what I behavioral health, people’s mental new national drug awareness campaign
hear from recovering addicts, and it health, and also with addiction. That is part of this legislation, and the re-
makes sense. has been helpful, but we need to go search and development of alternative
I will say that people have turned to much broader and do something much pain treatment methods that don’t
drugs to cope during this tough period, more comprehensive to take this mo- lead to addiction is part of it.
but also, many of those who are in re- ment to recommit ourselves to fighting CARA 3.0 will also take the impor-
covery have been stalled in their addiction and ensuring that more tant step of addressing the dispropor-
progress because of their inability to Americans don’t continue to lose their tionate effect the addiction crisis has
be with other recovering addicts. So lives to overdoses. We have bipartisan had on people in poverty and commu-
part of the best practices and best sci- legislation that has been introduced nities of color. Unfortunately, during
entific evidence we have is that an ef- that we have been working on with a this increase, we have seen a higher
fective way to help people overcome lot of people on the outside to try to percentage of overdoses in commu-
their addictions is to be with other come up with some new ideas, some nities of color. A national commission
people who also have those addictions. ways to address this problem. has been formed to look at this issue to

dlhill on DSK120RN23PROD with SENATE
We have known this for years in terms In the 5 years since this Comprehen- better develop treatments and best
of alcohol treatment programs—AA sive Addiction and Recovery legisla- practices to avoid overdoses.
and so on—but this has been one of the tion has become law, which was in part Second, our bill will build on what
problems. the reason we saw this reduction—also, works and how we treat addiction. It
Another issue I am going to raise, a lot of great work was done at the will double down on proven, evidence-
which apparently is somewhat con- local level and the State level—the based addiction treatment methods

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April 22, 2021 CONGRESSIONAL RECORD — SENATE S2157
while expanding treatment options for addicted, and it certainly makes sense tions aren’t there. I think it is a bal-
groups that are particularly vulnerable for the community, with fewer crimes anced approach that makes sense.
to addiction, including young people, being committed. It also makes a lot of Second, our bill will allow for Medi-
new and expecting mothers, rural com- sense for the taxpayer because that care to bill for audio only or telephone
munity residents, and communities of treatment, although there is an addi- telehealth visits for mental health and
color—individuals who live in those tional expense while in the criminal substance abuse if it is not the pa-
communities. One of the things that we justice system, will have a much better tient’s first visit. Due to access to the
have learned through, again, evidence- chance of getting those people back to broadband or distance, in-person or
based research into what works and lives wherein they can go back to even video appointments aren’t always
what doesn’t work is that medication- work, back to their families, be in re- possible, particularly for our seniors.
assisted treatment, when done prop- covery, and not be back in the expen- We need to focus on safety and robust
erly, can be very effective. sive criminal justice system. So it is a treatment options, but in order to bal-
It will also make permanent the cur- win-win-win. ance the needs of patients, we have
rent expanded telehealth options for CARA and CARA 2.0 gave States and proposed to allow our Nation’s seniors
addiction treatment that were created local communities new resources and under Medicare to use phones for sub-
temporarily in response to the social authorities to make a real difference in sequent mental health or behavioral
distancing required by the COVID–19 my State and others. CARA 3.0 renews health visits when they don’t have ac-
pandemic. This is really important. and strengthens those programs, and cess to the internet and where fact-to-
Telehealth is one of the few silver lin- given the recent spike in addiction we face interaction isn’t possible and isn’t
ings in an otherwise very dark cloud of see here, it provides a significant boost as necessary.
the coronavirus pandemic. Yet, for in funding as well. When added with I believe the TREATS Act will make
many individuals, telehealth was effec- the existing CARA programs that were a difference in the addiction treatment
tive, particularly with regard to behav- authorized through 2023, we will be in- space and will help us prevent more un-
ioral health and addiction services. So vesting well over $1 billion per year to timely overdoses.
we want to be sure that the temporary address this longstanding epidemic, So the legislation I have laid out so
ability to pay for those telehealth vis- putting us on the path toward a bright- far—CARA 3.0 and the TREATS Act—
its, as an example, through Medicaid as er future free from addiction. cover an important aspect of the addic-
an example or Medicare, can continue Another important part of CARA 3.0 tion crisis: the addiction treatment ef-
past the pandemic. is our bipartisan legislation to build on forts that help lessen the demand for
CARA 3.0 will also bolster the recov- drugs, which is the single most impor-
this expanded telehealth option for ad-
ery options for individuals who are tant thing, reducing that demand.
diction services.
working to put addiction behind them It was necessary during the pandemic But there is also more we have to do
through funding to support recovery to have it because of social distancing. on the supply side because as drugs are
support services and networks. It will We found out that, although there is no pouring into our country, they are at a
enable physicians to provide medica- lower price on the streets of Cincinnati
substitute for face-to-face interaction,
tion-assisted addiction treatments, or Columbus or Cleveland or Dayton or
telehealth has kept patients in touch
like methadone, to a greater number of
with their doctors and allowed physi- Toledo. So we do need to do more to
patients and change the law to allow
cians to prescribe medication-assisted curb the supply of these dangerous sub-
these drugs to be prescribed via tele-
treatment remotely. stances. This is especially true right
health for a greater ease of access. This It doesn’t make sense to get rid of now because there is such a critical cri-
will require a change in legislation to
these options once the pandemic goes sis ongoing, and there is a looming
allow people to provide these kinds of
away, so again, CARA 3.0 included leg- deadline to keep one class of very dan-
treatments.
Our bill will also destigmatize addic- islation we had previously introduced gerous drugs illegal and off the streets.
tion recovery in the workplace by en- separately called the Telehealth Re- I am talking about the kinds of
suring that taking one of these medica- sponse for E-Prescribing Addiction opioids that are—like fentanyl, that
tions—again, medications to get people Therapy, or the TREATS Act, to make are synthetic opioids but have a slight
over their addictions—will not count as permanent a number of temporary molecular change. So unless we act
a drug-free workplace violation. This waivers for telehealth services and bol- here in Congress, they will no longer be
may seem like an obvious change, but, ster telehealth options for addiction scheduled, no longer be illegal.
unfortunately, it will take a change of treatment services. Data from the CDC, again, shows
law to be able to make that happen. Specifically, it does a couple things. that the biggest driver to this surge in
Finally, CARA 3.0 reforms our crimi- First, it allows for a patient to be pre- overdose deaths that we see here comes
nal justice system to ensure that those scribed these lower scheduled drugs, from fentanyl, comes from these syn-
who are struggling with addiction, in- like SUBOXONE, through telehealth thetic opioids. They are often far more
cluding our veterans, are treated with on their first visit. You can’t do that deadly than traditional opioids, like
fairness and compassion by the law, now. Current law requires you to go in heroin. In fact, fentanyl is 50 times
putting them on a path to recovery in- person for a visit when needing an ini- more powerful than heroin. A pound of
stead of into a downward spiral of drug tial prescription for controlled sub- fentanyl is lethal enough to kill a half
abuse. stances, but this has been a deterrent a million people. And fentanyl, as you
Importantly, CARA 3.0 funds a De- to patients in crisis and in urgent need will find out talking to your law en-
partment of Justice grant program to of treatments from schedule III or forcement folks and others in the
help incarcerated individuals who are schedule IV drugs, like SUBOXONE or treatment space, it is often now being
struggling with addiction to receive certain other drugs for a co-occurring laced with other drugs, like cocaine,
medication-assisted treatment while mental health condition. like crystal meth or heroin.
they are still in the criminal justice It also limits abusive practices by Most of this synthetic opioid is being
system. Again, that may seem like a both audio and visual capabilities to be illegally manufactured in China and
pretty obvious solution, but there are able to interact with the treatment then smuggled across our borders, ei-
people who go into the system ad- providers to reduce fraud and abuse ther coming in through the mail sys-
dicted, and they come out addicted. when it is your first visit, and it would tem or going to Mexico and then being
They are not given the treatment op- also keep the existing requirements for smuggled across.
tions when they are incarcerated, and in-person visits when prescribing There is also evidence now that it is
they simply go back to lives of addic- schedule II drugs—these are the harder also being produced in Mexico, which is

dlhill on DSK120RN23PROD with SENATE
tion. Those people have high rates of drugs, like opioids and stimulants— a change and a major concern.
recidivism, clearly. Most are rearrested which are much more prone to being In order to avoid prosecution, prior
and are back in the system within a abused through these telehealth visits. to 2018, scientists in China—evil sci-
relatively short period of time. So we have a provision in there to entists in China—and drug traffickers
So this will reduce recidivism, repeat avoid abuse, but it is also important to started making slight modifications to
offenses. It makes sense for the person continue this telehealth when other op- fentanyl, sometimes adjusting a single

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S2158 CONGRESSIONAL RECORD — SENATE April 22, 2021
molecule and creating what are essen- creases the cost on the street, which is we got the vaccine, the highest per cap-
tially fentanyl copycats. an important step toward rededicating ita in the country. Despite our huge
While these fentanyl-related sub- our efforts to stop these drugs from challenges in terms of size, limited
stances have the same narcotic prop- stealing thousands of lives and causing population, it is really kind of a
erties as fentanyl, their tiny variations so much pain. minimiracle—No. 1 vaccination rates
allowed them to evade prosecution. But In conclusion, I urge my colleagues— in America in Alaska. We did it by dog
oftentimes, these similar substances, our Nation faces a crisis. It is the sled, snow machine, small airplanes to
like carfentanil, which some of you are coronavirus pandemic that is finally make that happen.
aware of, are even deadlier than winding down, but it is also the addic- So if you are watching, America,
fentanyl itself. tion crisis. It has been happening un- please come on up to Alaska. It is safe.
To address this, the Drug Enforce- derneath the coronavirus. As was said It is open for tourism. This summer we
ment Agency in 2018 used its authority by my constituent—this woman who want you to come on up.
to temporarily classify all fentanyl-re- unfortunately has faced addiction in By the way, not only will you have
lated drugs as schedule I substances, her own family—we have been here the an amazing experience, our State just
which allows law enforcement to ag- whole time, and it hasn’t gotten better; announced a few days ago you will get
gressively intercept and destroy these it has gotten worse. a vaccine if you come to Alaska. If
substances. Unfortunately, this des- Many of its victims are suffering in your State is too inefficient or bureau-
ignation was only temporary. That is silence. We know a lot about what is cratic to actually get a vaccine, come
all DEA could do. going on with COVID. We don’t know a on up to Alaska. You can have the trip
So, in 2019, Congress extended that lot about what is going on with this of a lifetime, and you and your family
designation until May 6, 2021, so a 2- pandemic, this epidemic of drugs. can get vaccinated. We want you up
year extension until 14 days from now. So let’s act now, without delay. We there. We are open for business. We
If that deadline lapses 14 days from have 14 days until DEA loses the au- want to see Americans come on up and
now, criminals who run labs in China thority to go after dangerous fentanyl enjoy our great State as we are getting
and Mexico will be able to avoid law copycats, but we can do something through this pandemic.
enforcement as they flood the United about it. We can pass legislation right It is a naturally beautiful place, you
States with unlimited slight variants now that will help people at their point will see, but the people in my State
of fentanyl that are just as deadly. We of pain, as well as provide law enforce- work hard to keep it pristine and are
can’t let that happen. ment the tools to cut off the source of really what makes it such a great
Let me say that again. At a time their suffering—both the CARA 3.0 leg- place.
when we are experiencing an alarming islation to deal with the demand side So, today, in honor of Earth Day, I
rise in overdose deaths that we see and the legislation to be sure this poi- wanted to honor Homer, AK, resident
here, and fentanyl is the major culprit, son can’t come into our communities Beth Trowbridge, who has spent her ca-
the No. 1 killer, we may face a situa- freely. reer—about 40 years, four decades—
tion where law enforcement will lose As the CDC data shows, this is an working to keep our waters in Alaska
the ability to aggressively stop these issue that affects every single one of and our beaches clean and pristine.
fentanyl copycats in the United States us. Forty-nine States have seen a big So let me tell you a little bit about
unless Congress acts in the next 14 increase. We know we need to do it. Beth. Originally from St. Louis, Beth
days. Let’s not wait any longer to get to first came to Alaska in 1981 as a college
Fortunately, we have legislation to work once again turning the tide on student to work on the Youth Con-
do that. Our bipartisan FIGHT our addiction crisis. servation Corps in Fairbanks, AK, the
Fentanyl Act, which I introduced with I yield the floor. interior.
Senator JOE MANCHIN, will fix this The PRESIDING OFFICER. The Sen- She only intended to stay a year or
problem by permanently classifying ator from Alaska. so—by the way, this is a very common
fentanyl-related drugs as schedule I TRIBUTE TO BETH TROWBRIDGE story—only intended to stay a year or
drugs. It would give our law enforce- Mr. SULLIVAN. Madam President, it so, but as so many do, she got to Alas-
ment certainty to go after synthetic is Thursday, and by now many know— ka and fell in love with the State so
opioids in all their forms and show we particularly our members of our press she transferred to the University of
are committed to addressing the threat corps—that it is time for what I feel is Alaska in Fairbanks where she got her
posed by this dangerous class of drugs. probably one of the best moments in degree in Northern and Alaska Native
Our proposal is the one bipartisan ap- the Senate each week. It is time for the studies.
proach to this in the Senate. We struc- ‘‘Alaskan of the Week.’’ Now, Beth loves the wilderness. She
tured it to address concerns from the We get to talk about Alaska, talk loves living off the land, studying the
criminal justice community and made about somebody who is doing extraor- plants, studying the animals. She said:
sure it does not impose mandatory dinary things for our State, for our ‘‘There are beautiful and amazing peo-
minimum sentencing under criminal country a lot of times, and I like to ple and amazing resources’’ in Alaska.
charges brought under our bill. That give an update when I do my ‘‘Alaskan She said she always loved the sense
has been one of the concerns expressed, of the Week’’ speech on what is going that, while we can all live there, na-
particularly by some on the other side on in Alaska. ture in Alaska is always in control—
of the aisle. So we took that out. It is spring, of course. The Sun is the earthquakes, the volcanoes, the ex-
I urge my colleagues on both sides of high in most parts of the State—actu- treme weather, the coldness. They are
the aisle to come to the table and sup- ally, in all parts of the State. Spring— a constant reminder that, in her words,
port this urgent legislation. we call it breakup, actually, relating to in Alaska ‘‘there are the bigger forces
The House just passed a 5-month ex- the ice on the rivers—it is upon us. out there’’—a lot bigger, and she wants
tension this week. That is, to me, very Now, of course, it can still snow, and to keep it that way.
sad. Let’s make this permanent. There it still gets pretty cold in a lot of So she became a steward of her envi-
is no reason to do a short-term exten- places in Alaska, but winter is on the ronment and dedicated her life to edu-
sion and to create the uncertainty with run. The promise of summer is in the cating others so that they, too, could
law enforcement, and, frankly, to tell air, and what a glorious summer it is become stewards.
these evil scientists in places like going to be. With all the talk about climate
China, in 5 months, you are going to be We aren’t out of the woods yet on the change, I fear that not nearly enough
able, potentially—to be able to sell this pandemic in Alaska, but we have man- attention is given to those outside of

dlhill on DSK120RN23PROD with SENATE
substance again without worrying aged—we are proud of it, I am proud of politics, like in this town, who work
about the law. This makes no sense. my fellow Alaskans—the pandemic, the day in and day out to care for the envi-
Let’s make it permanent. Let’s give virus, as well as possible. ronment in the place they call home—
the DEA the authority to do what they One of the things that is happening in their communities, in their States,
need to do. And by doing so, let’s re- right now, our vaccination rates have every day on the ground at home, mak-
duce the amount coming in, which in- been, almost from the beginning when ing a difference.

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April 22, 2021 CONGRESSIONAL RECORD — SENATE S2159
That is what Beth has done. After anymore. Senator WHITEHOUSE, I am (The remarks of Mr. CORNYN, per-
college, she got a job as the education not sure what happened. But Senator taining to the introduction of S. 1358,
coordinator for the Prince William WHITEHOUSE and I have worked closely are printed in today’s RECORD under
Sound Science Center, where she au- on this kind of legislation—ocean de- ‘‘Statements on Introduced Bills and
thored the ‘‘Alaska Oil Spill Cur- bris, ocean cleanup, and to help organi- Joint Resolutions.’’)
riculum.’’ zations like CACS with marine debris Mr. CORNYN. I yield the floor.
Then, in 2000, she began her work—in cleanup and to call attention to this The PRESIDING OFFICER (Mr.
many ways, her life’s work—for the issue that is solvable. We can solve WARNOCK). The Senator from Maine.
Center for Alaskan Coastal Studies, or this—marine debris, ocean plastics— (The remarks of Ms. COLLINS per-
CACS, in the drop-dead gorgeous com- and it is bringing a lot of people in taining to the introduction of S. 1345
munity of Homer, AK, surrounded by America and across the world together. are printed in today’s RECORD under
the beautiful Kachemak Bay. Some One of CACS’s biggest annual events ‘‘Statements on Introduced Bills and
people call Homer ‘‘the place where the is the annual Kachemak Bay Coast Joint Resolutions.’’)
land ends and the sea begins’’; others, Walk. It involves more than 200 volun- Ms. COLLINS. I yield the floor.
‘‘the cosmic hamlet by the sea’’; and teers who adopt a section of Kachemak I suggest the absence of a quorum.
others, ‘‘the halibut capital of the Bay shoreline. And, again, you have The PRESIDING OFFICER. The
world.’’ got to visit Kachemak Bay, one of the clerk will call the roll.
If you haven’t visited Homer, Amer- most beautiful places on the planet The legislative clerk proceeded to
ica, you have got to go to Homer. My Earth. Trust me. Surveying changes, call the roll.
goodness, it is beautiful. In Alaska, we collecting data on marine life and Mr. CARPER. Mr. President, I ask
just call it awesome, in part because of human impact and cleaning up beach unanimous consent that the order for
people like Beth and organizations like litter and marine debris is what people the quorum call be rescinded.
hers that keep it that way. do every year with the Kachemak Bay The PRESIDING OFFICER. Without
In 2012, Beth became the organiza- Coast Walk. It is the kind of great objection, it is so ordered.
tion’s executive director and helped ex- local work that really makes a dif- EARTH DAY
pand the good work that CACS has ference. It brings people from all across Mr. CARPER. Mr. President, today is
been doing since 1982. Alaska together—people who know how a special day. It is Earth Day. I had the
Now, this organization is primarily special and beautiful Kachemak Bay privilege of actually being at the first
an educational organization and offers is—and it creates community. It cre- Earth Day, at Golden Gate Park, a mil-
people of all ages, really from across ates community, and that is so impor- lion years ago. The speaker there that
the globe—not just Alaska, not just tant, not just for our State but for our day was Ralph Nader, and there was a
America, everywhere—opportunities to oceans and the coastline. huge crowd. Hundreds of thousands of
connect with the outdoors, learn about So that is one of the many things people were there.
coastal environments through guided Beth has done. Ralph Nader made a lot of fame and
walks, tours, educational programs, Beth and her husband, Charlie, who is fortune writing a book called ‘‘Unsafe
overnight school programs, and so a retired shellfish biologist with the at Any Speed,’’ about the Corvair
much more. Alaska Department of Fish and Game Monza. That was my first car, a
So think about this impact. Homer, have four children. The youngest is fin- Corvair Monza. And as he was there
where CACS is located, is a town of ishing eighth grade, and the oldest is speaking that day, I couldn’t help but
about 6,000 people. CACS educates 33. think about how much I loved my
roughly 16,000 people through these Beth develops environmental cur- Corvair Monza and couldn’t believe he
science-based programs every year. riculums for schools. She is a Rotarian, wrote that book about it.
That is a big impact. They have camps a Girl Scout leader, and keeps CACS He actually made a lot of sense and,
for everyone, and I would encourage running seamlessly. She says she does certainly, it was a rallying point for
anyone who is listening who is going to all of this because she has a passion for people in this country who realized
go to Homer to sign up for one of these sharing the outdoors with people— that we were going the wrong way in
camps to explore the unique marine Alaskans, Americans, people from all terms of the cleanliness of our air and
ecology, the tidal pools, and the abun- over the world, but especially the next the cleanliness of our water.
dant sea life; to watch whales, seals, generation—and she hopes that her I had gone to Ohio State and was a
and sea lions; to swim against the work not only will have an immediate Navy ROTC midshipman there, and I
backdrop of the Kenai Mountains; and impact on the environment but helps ended up in Southeast Asia. I remem-
to go into the forest and learn about people to understand the challenges of ber being over in Southeast Asia on
the forest, wildlife, and adaptation in our oceans and to focus more on clean- one of our deployments, and the Cuya-
the forest. There is so much to do. up, because who doesn’t want to clean hoga River, up the road from Ohio
One of the big initiatives of this im- up our oceans? State, in Cleveland, OH, caught on fire.
portant organization is to deal with Local businesses, she is noticing, are They had too many people drinking the
marine debris. So today, on Earth Day, using more recyclable material. People dirty water.
let me put a plug in for the marine de- are leaving less trash behind. People I liked to run outside. I know our
bris programs in my State and across are talking more about cleanup and Presiding Officer is a big athlete as
the country. This is an issue that I ownership, and that is how you make a well. I know there were days that I
have been very focused on since my difference at the local level, and it would run outside, in the 1960s and
time as a U.S. Senator, working with spreads out all over the State and the 1970s—and in some places, even now,
my colleagues on both sides of the country. around the world—and I was doing
aisle. We have gotten a lot done. Beth said: more damage than good by breathing
We passed the Save Our Seas Act a I hope that, through my work, we can pro- the air in those places.
couple of Congresses ago, and we vide the opportunities to understand and ap- But some amazing things happened
passed the Save Our Seas Act 2.0, preciate nature. I am proud of where I live. in 1970, right around 1970. We saw the
which the Congressional Research I love Homer. I want to take care of it. I creation of the Environmental Protec-
Service called the most comprehensive hope that others [in the community] feel tion Agency. I don’t think it was done
ocean cleanup legislation ever in the that way too. initially as a bill. I think it was actu-
history of the Senate. It was just Beth, that is a great sentiment, and ally done sort of as an Executive order.
passed and signed into law in Decem- it is also one of the many reasons we Richard Nixon was the President then.

dlhill on DSK120RN23PROD with SENATE
ber. So we are making progress. are proud to honor you today with this I think the Congress came along a
I do want to give a shout-out to one very prestigious award, being our Alas- few years later and sort of passed legis-
of my good friends, Senator SHELDON kan of the Week. Congratulations. lation to implement the Executive
WHITEHOUSE. You know, some of us I yield the floor. order. The Clean Air Act was signed
miss his weekly ‘‘Wake Up’’ speeches. I The PRESIDING OFFICER. The Sen- into law. The Clean Water Act was
think mine is the only weekly speech ator from Texas is recognized. passed. I think Richard Nixon initially

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S2160 CONGRESSIONAL RECORD — SENATE April 22, 2021
vetoed the Clean Water Act. But they powerplants that provide electricity our mail, they drive around in vehicles
had huge support—overwhelming sup- for us, a lot of them powered by coal or that are, on average, 25 years and
port, Democrat and Republican—for natural gas—mostly coal. And another older. Almost all of them are diesel or
both measures. large source of carbon emissions is gasoline powered.
We didn’t give a whole lot of concern from industries. Think of cement The Postal Service realizes that they
in those days to climate change. No- plants, if you will. If you add those need to upgrade their fleet, and they
body really talked, in the 1960s and the three together, it is about 75 percent of need to do that sooner than later. It is
1970s or the 1980s, about climate the carbon emissions in our country— not cheap. It is not a cheap thing to
change. But something started hap- just those three sources. do—165,000 mail trucks that need to be
pening on our planet. People said: I There used to be a guy, a bank rob- replaced in the next several years.
think it is getting warmer. The weath- ber, whose name was Willie Sutton. There is a 10-year plan that the Post-
er seems to be a bit more extreme as You may or may not have heard of al Service has put out—how they plan
time goes by. him. He lived during the Depression, to, sort of, and return to, if not to prof-
Then scientists reported that a hole before either of us. But he robbed a lot itability, at least to improve over time
was being formed in the ozone layer of banks. He finally got caught and to a break-even situation. One of the
over the North Pole, and it started off ended up in trial before the judge. things that is in their plan is to buy
small and got bigger and bigger and And the judge said: Mr. Sutton, why and replace their existing fleet of cars,
bigger. And people a lot smarter than do you rob all those banks? trucks, and vans—mostly trucks and
me said: This is not good. We have to And Willie Sutton replied, famously: vans.
figure out what is going on here. That is where the money is, your They are apparently in a contract
They finally figured out that it was Honor. That is where the money is. with a company up in Oshkosh, WI,
something called CFCs, or Well, one of the reasons why we focus called Oshkosh, and the idea is to build
chlorofluorocarbons, which were actu- on carbon emissions and global warm- a bunch of vehicles, tens of thousands
ally found in our air-conditioners, our ing emissions coming from mobile of them, over the next decade or so.
freezers, and refrigerators. They did a sources is that that is 28 percent of the We had three nominees today before
really good job in keeping things cool, emissions. That is not where the us who have been nominated to be
including us, but, unfortunately, it led money is, but that is where the emis- members of the Board of Governors of
to the hole in the ozone. sions are, where a lot of them are com- the Postal Service. In all, there are
So some really smart scientists got ing from. nine members of the Board of Gov-
to work, and they came up with some- And we are getting really exciting ernors, nominated by the President,
thing called HFCs, hydrofluorocarbons. announcements from American compa- confirmed by the Senate. They have
HFCs did a really good job keeping us nies, auto companies. GM has an- three vacancies, and we had three
cool. They also did a good job in terms nounced this year that starting in 2035, nominees to fill those vacancies before
of the hole in the ozone going away. they will not be manufacturing cars, us.
But the bad thing about HFCs, or trucks, or vans that are burning gaso- I wished them all a happy Earth Day,
hydrofluorocarbons, is that they are a line or diesel fuel. They are just going and then I talked to them about what
thousand times worse for climate to be electric. They will be using hy- lies ahead in terms of replacing 165,000
change, the warming of our climate, drogen and fuel cells. That is huge—by vehicles. And, apparently, originally,
than carbon, carbon dioxide. So some 2035. That is only like 14 years away. the first couple of thousand vehicles
good but some bad as well. Ford has made similar kinds of that will be produced will be gas and
We passed the legislation, and it was pledges. I think Volkswagen and a diesel, and then, after that, the vehi-
signed—I think unbeknownst to him— number of other companies have made cles could be gas, diesel, or electric—or
last December, by the President. It is similar pledges. And they are not hydrogen, for that matter.
legislation that phases down HFCs, or pledges for things that will take place There is an extra cost when we
hydrofluorocarbons. So now we are in like 40 or 50 years. We are talking switch to electric, extra costs when we
going to have American-made products about right down the road, right down switch over to, say, hydrogen, if that is
that will keep us cool and will be good the road. That is great news because the technology that is chosen, because
and positive with respect to climate the threat of climate change is immi- you need electric charging stations and
change, and will create a lot of jobs— nent, and we don’t have a lot of time to you need the hydrogen fueling stations.
tens of thousands, maybe hundreds of meet it. It is easy to take your gasoline-pow-
thousands of jobs, American jobs with I was in a hearing this morning. One ered vehicle or your diesel-powered ve-
American technology—and strengthen of the committees I serve on is Home- hicle to a gas station. It is on the cor-
our economy in a variety of different land Security and Governmental Af- ner. It is in your town. But if you need
ways. fairs. One of the issues that we have to get the electric charger for your bat-
So on this Earth Day, there is a lot that we are responsible for is the Post- tery or you need the hydrogen for your
to be concerned about, but the HFC al Service. I think, maybe for reasons fuel cell vehicle, then that costs some
phase-down that I just talked about that go back to my time in the Viet- money. And it can’t all be on the Post-
was signed into law and was part of a nam war, of being overseas in the war al Service. It can’t all be on the Postal
much bigger package in December, and how, every week, when we would Service.
that is worth a half a degree Celsius. get the mail over there, it was the best As we put together this next infra-
Scientists will tell you that what we part of the week. You would hear from structure package for our country—and
want is to be careful to not see the your families, loved ones, friends, we are going to be debating here legis-
Earth temperature go up by more than newspapers, magazines, care packages. lation that Senator CAPITO and I on the
2 or 3 degrees Celsius, and if we do, it It was a great day. Environment and Public Works Com-
becomes sort of irreversible and we are So I have great affection for the mittee have been working on with our
in real trouble then on this planet. Postal Service, even today. I love the bipartisan team next week, a big pack-
But this one thing that we did, voted idea of mail-in voting, and I know my age on wastewater treatment and on
on here in this Chamber, phasing down friend from Georgia has some affection drinking water, clean drinking water.
HFCs, is worth about a half a degree for people being able to participate and That will be the first big infrastructure
Celsius. There is still more to do, but exercise their constitutional rights bill that we pass, I think, in the Sen-
that is a good start. through the mail. And, hopefully, we ate—hopefully, next week. But there
The greatest source of carbon dioxide will do more of that in smart ways like will be, hopefully, a lot more. And part

dlhill on DSK120RN23PROD with SENATE
on our planet is not HFCs, but it is the that in the future. of that will be roads, highways, and
emissions from our cars, trucks, and But the Postal Service still provides bridges coming down the road. And
vans—our mobile fleet. About 28 per- a valuable service. We were reminded part of that will be charging stations
cent of carbon emissions come from of that during the election last year. in densely populated corridors all over
our cars, trucks, and vans. About an- But the Postal Service, the men and the country—charging stations for
other 25 percent comes from utilities, women who drive around and deliver electric vehicles and fueling stations

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April 22, 2021 CONGRESSIONAL RECORD — SENATE S2161
for hydrogen vehicles, which have a lot Mr. President, with that, I am going of the most precious rights guaranteed
of potential, too. to bid you adieu. Great weekend to you by our Constitution: the right to freely
I just want us to keep in mind, when and the staff. God bless you. Thank you exercise their religion. There is, per-
that day comes—I want the Postal so much. haps, no freedom more intertwined
Service to keep in mind that we need I suggest the absence of a quorum. with our nation’s history. It was reli-
for them to set an example—for the The PRESIDING OFFICER. The gious freedom that drove persecuted
Postal Service to set an example. If clerk will call the roll. settlers from England to America just
they go out and two-thirds of the new The legislative clerk proceeded to over 400 years ago. And they were not
vehicles they buy are gasoline- and die- call the roll. the last. Over the centuries, countless
sel-powered, shame on them, and, Ms. BALDWIN. Mr. President, I ask religious minorities from across the
frankly, shame on us in this body for unanimous consent that the order for world have come to America, seeking
allowing that to happen. the quorum call be rescinded. refuge from religious warfare and big-
But we have to remember that the The PRESIDING OFFICER. Without otry.
Postal Service is fighting for its life, objection, it is so ordered. To be clear, we haven’t always lived
and we need to be there and be helpful The Senator from Wisconsin. up to this ideal. Members of the church
in terms of helping to pay for the infra- to which I belong were forced to flee
f across the country due to religious per-
structure that they will need when
they buy these new vehicles. EXECUTIVE SESSION secution, to name just one example.
I will close with this. Mr. President, Despite these aberrations, however, no
I am not sure where Home Depot is
--- nation in the history of the world has
headquartered. Are they not EXECUTIVE CALENDAR protected and preserved the rights of
headquartered in Georgia? If they are, religion and conscience like the United
Ms. BALDWIN. Mr. President, I ask
nod your head. I think they are. I love States.And that’s not an accident. The
unanimous consent that the Senate
to talk about Home Depot. First Congress recognized the profound
proceed to executive session to con- importance of religious freedom by
Whenever I go down to Central Amer- sider the following nomination: Cal-
ica, to places like Honduras, Guate- protecting it in the very first sentence
endar No. 59, Deanne Bennett Criswell, of the Bill of Rights. That provision—
mala, and El Salvador—we call them of New York, to be Administrator of
the Northern Triangle countries—we called the First Amendment—states
the Federal Emergency Management that ‘‘Congress shall make no law re-
have something in place called the Al- Agency, Department of Homeland Se-
liance for Prosperity program. It is de- specting an establishment of religion,
curity; that the cloture motion be or prohibiting the free exercise there-
signed to help fight corruption, their withdrawn, the nomination be con-
crime, their violence, and their lack of of.’’ The Supreme Court has applied
firmed, and the motion to reconsider be this prohibition to State and local gov-
economic opportunity there. considered made and laid upon the
And we provide money—taxpayer ernments through the 14th Amend-
table with no intervening action or de- ment.
money—to help these countries down bate; that no further motions be in So what does this mean, practically?
there, so people will stop feeling like order to the nomination; and that the First, governments cannot discrimi-
they have to come up here to escape President be immediately notified of nate against religion or single it out
the violence, the corruption, the crime, the Senate’s action and the Senate for worse treatment than similar non-
and the lack of economic opportunity. then resume legislative session. religious activities. But, second, if a
So we provide some money, and then The PRESIDING OFFICER. Without government does treat religion dif-
we expect them, for every dollar we objection, it is so ordered. ferently than other similar activities,
provide, to provide four or five dollars
f it must ’pass’’ the ‘‘strict scrutiny’’
on their own. We want foundations to test. That means that the government
put up money. We want businesses to LEGISLATIVE SESSION must show that there was absolutely
put up money to help produce this as The PRESIDING OFFICER. The Sen- no other way to achieve an extremely
well. ate will now resume legislative session. important goal than restricting the re-
I say to the people of Honduras, Gua- ligious activity in question.
temala, and El Salvador, who live in f
The First Amendment is clear. Reli-
some really terrible situations, when I UNANIMOUS CONSENT AGREE- gious exercise must be protected. Nev-
talk to them about the Alliance for MENT—EXECUTIVE CALENDAR ertheless, over the course of the pan-
Prosperity, which has been in place demic, governments throughout the
now for several years: You can do it. Ms. BALDWIN. Mr. President, as if in
executive session, I ask unanimous country have placed heavy-handed re-
You, those three countries—Honduras, strictions on this fundamental free-
Guatemala, and El Salvador—you can consent that the cloture motions pre-
sented earlier be considered to have dom, restricting Americans’ freedom to
do it. We can help, and I think we have gather for worship, to meet in smaller
a moral obligation to help. been presented in the following order:
Miller, McCabe, and Kahl. groups for religious purposes, or even
I think at the Postal Service, they to sing.
can do it. They can update their fleet. The PRESIDING OFFICER. Without
At first, Americans accepted these
They can do so in a way that is sus- objection, it is so ordered.
restrictions. We understood the ex-
tainable and is actually good for this f traordinary difficulties facing our lead-
planet. This is the only planet we are ers as they struggled to grapple with a
MORNING BUSINESS
going to have. We have to take care of new and deadly virus. And we were as-
it or, otherwise, face huge, huge chal- Ms. BALDWIN. Mr. President, I ask sured that these restrictions would be
lenges. unanimous consent that the Senate be temporary, lasting no longer than nec-
So I would, on this Earth Day, say to in a period of morning business, with essary. But as the weeks and months
my colleagues that the anniversary Senators permitted to speak therein dragged on and the prohibitions on re-
provides opportunity. The Postal Serv- for up to 10 minutes each. ligious exercise continued, we began to
ice is going through its share of adver- The PRESIDING OFFICER. Without see a startling trend. As restrictions on
sity, as well, but there is real oppor- objection, it is so ordered. restaurants, casinos, and museums
tunity, as well, to help the Postal Serv- (At the request of Mr. CRUZ, the fol- began to thaw, in many states, syna-
ice and the men and women who work lowing statement was ordered to be gogues, churches, temples, mosques,
there to do a better and a more reliable printed, in the RECORD.) and other religious gatherings were left

dlhill on DSK120RN23PROD with SENATE
job of delivering the mail to all of us f out in the cold.
but, also, to do so in a way that is good In May 2020, the Governor of Cali-
for our planet. COVID–19 HATE CRIMES ACT fornia allowed some restaurants and
That would be a very, very good ∑ Mr. LEE. Mr. President, over the retail businesses to operate indoors
thing and make this Earth Day espe- past 13 months, Americans have en- with up to 50 Percent capacity. Mean-
cially memorable. dured extraordinary constraints on one while, all indoor religious services—of

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