Senate Record of April 22, 2021 — Congressional Record
Summary
Congressional Record, Senate, pages S2170 and S2171, April 22, 2021. Additional cosponsors are listed for amendment No. 1456 to S. 937, a bill to facilitate the expedited review of COVID–19 hate crimes. Under statements on introduced bills, Collins introduces S. 1309, a bill to provide payments for home health services furnished via visual or audio telecommunications systems during an emergency period, and speaks on the Home Health Emergency Access to Telehealth (HEAT) Act. Durbin introduces S. 1314, a bill to provide tax rate parity among all tobacco products, and the text of the ‘‘Tobacco Tax Equity Act of 2021’’ is printed.
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S2170 CONGRESSIONAL RECORD — SENATE April 22, 2021
States to honor the past and continued (CARES) Act. This law, which I cham- issue guidance on the authorization of
service of military retirees to their pioned for 13 years, will improve the and payment for home health services
local communities and the United access Medicare beneficiaries have to provided via telehealth.
States. home health care by allowing physi- Home health serves a vital role in
AMENDMENT NO. 1456 cian assistants, nurse practitioners, helping our Nation’s seniors avoid
At the request of Mr. KENNEDY, his clinical nurse specialists, and certified more costly hospital visits and nursing
name was added as a cosponsor of nurse midwives to order home health home stays. The COVID–19
amendment No. 1456 proposed to S. 937, services. Far too often seniors experi- emergencyhas further underscored the
a bill to facilitate the expedited review ence unnecessary delays in accessing critical importance of home health
of COVID–19 hate crimes, and for other home health care. To avoid these need- services and highlighted how these
purposes. less delays, it is common sense that agencies are able to use telehealth to
At the request of Mr. CRUZ, the name other medical professionals who are fa- provide skilled care to their patients.
of the Senator from Tennessee (Mr. miliar with a patient’s case should be The Home Health Emergency Access to
HAGERTY) was added as a cosponsor of able to order these services. Telehealth (HEAT) Act would ensure
amendment No. 1456 proposed to S. 937, Home health professionals have con- that seniors in Maine and across the
supra. tinued to provide face-to-face services country retain access to remote home
At the request of Mr. CORNYN, his during the COVID–19 public health health services during the COVID–19
name was added as a cosponsor of emergency, but this crisis has created emergency and future public health
amendment No. 1456 proposed to S. 937, additional challenges, including the emergencies.
supra. need to maintain an adequate supply of Thank you, Mr. President.
personal protective equipment to pro- ---
f By Mr. DURBIN (for himself, Mr.
tect themselves, their patients, and
STATEMENTS ON INTRODUCED WYDEN, Mrs. MURRAY, Mr.
their patients’ families. The use of
BILLS AND JOINT RESOLUTION BROWN, Mr. REED, Mr.
telehealth and virtual visits can help
MERKLEY, Mr. BLUMENTHAL, Mr.
By Ms. COLLINS (for herself, Mr. address these challenges. Unlike other
MARKEY, and Ms. HIRONO):
CARDIN, Mr. MARSHALL, and Medicare providers, however, home
S. 1314. A bill to amend the Internal
Mrs. SHAHEEN): health agencies are not eligible to re-
Revenue Code of 1986 to provide tax
S. 1309. A bill to provide payments ceive Medicare reimbursement for tele- rate parity among all tobacco prod-
for home health services furnished via health services during the COVID–19 ucts, and for other purposes; to the
visual or audio telecommunications emergency. Committee on Finance.
systems during an emergency period; Last May, I chaired Congress’ first Mr. DURBIN. Mr. President, I ask
to the Committee on Finance. hearing examining COVID–19’s dev- unanimous consent that the text of the
Ms. COLLINS. Mr. President, I rise astating impact on seniors. During the bill be printed in the RECORD.
today, along with my colleagues Sen- hearing, Dr. Steven Landers, President There being no objection, the text of
ator CARDIN, Senator MARSHALL, and and CEO of the Visiting Nurse Associa- the bill was ordered to be printed in
Senator SHAHEEN, to introduce the tion Health Group, testified that, de- the RECORD, as follows:
Home Health Emergency Access to spite this lack of Medicare reimburse- S. 1314
Telehealth (HEAT) Act. This bipar- ment, his organization has found tele- Be it enacted by the Senate and House of Rep-
tisan bill would help ensure that sen- health to be an essential part of pro- resentatives of the United States of America in
iors who rely on home health care have viding high quality home health care Congress assembled,
the choice to receive these critical during the COVID–19 public health SECTION 1. SHORT TITLE.
services through telehealth during the emergency. He urged action to ensure This Act may be cited as the ‘‘Tobacco Tax
COVID–19 pandemic and future public that home health providers can con- Equity Act of 2021’’.
health emergencies. tinue offering these critical services re- SEC. 2. INCREASING EXCISE TAXES ON CIGA-
RETTES AND ESTABLISHING EXCISE
COVID–19 is the greatest public motely. TAX EQUITY AMONG ALL TOBACCO
health challenge since the flu pan- Maine home health care providers PRODUCT TAX RATES.
demic of 1918 and has claimed the lives have also shared their stories about (a) TAX PARITY FOR ROLL-YOUR-OWN TO-
of more than 565,000 Americans. This how telehealth is helping them to con- BACCO.—Section 5701(g) of the Internal Rev-
public health emergency has under- tinue caring for their patients during enue Code of 1986 is amended by striking
scored the need for older adults and COVID–19. Through a combination of ‘‘$24.78’’ and inserting ‘‘$49.56’’.
(b) TAX PARITY FOR PIPE TOBACCO.—Sec-
other at-risk populations to have ac- video visits and care calls, one provider tion 5701(f) of the Internal Revenue Code of
cess to health care in the home setting. has been able to care for a woman with 1986 is amended by striking ‘‘$2.8311 cents’’
Home-based care is crucial to ensuring severe heart and lung disease and keep and inserting ‘‘$49.56’’.
that this pandemic does not create dev- this patient out of the hospital. The (c) TAX PARITY FOR SMOKELESS TOBACCO.—
astating long-term health con- nurse would speak with the woman by (1) Section 5701(e) of the Internal Revenue
sequences due to delayed care. The phone a couple of times per week to as- Code of 1986 is amended—
(A) in paragraph (1), by striking ‘‘$1.51’’
highly skilled and compassionate care sess any symptoms that needed follow
and inserting ‘‘$26.84’’;
that home health agencies provide is up. If the nurse identified an issue dur- (B) in paragraph (2), by striking ‘‘50.33
an important component of this in- ing the call, she would schedule a video cents’’ and inserting ‘‘$10.74’’; and
home care. visit and also work with the patient’s (C) by adding at the end the following:
I have been a strong supporter of physician to modify medications as ‘‘(3) SMOKELESS TOBACCO SOLD IN DISCRETE
home care since my very first home needed. SINGLE-USE UNITS.—On discrete single-use
visit, which took place in my home- The bill we are introducing today units, $100.66 per thousand.’’.
town in Aroostook County early in my would authorize Medicare reimburse- (2) Section 5702(m) of such Code is amend-
Senate service. This experience gave ment for home health services provided ed—
(A) in paragraph (1), by striking ‘‘or chew-
me the opportunity to meet and visit through telehealth during an emer-
ing tobacco’’ and inserting ‘‘, chewing to-
with home health patients, where I saw gency period. The services would not be bacco, or discrete single-use unit’’;
first-hand what a difference highly reimbursed unless the beneficiary con- (B) in paragraphs (2) and (3), by inserting
skilled and caring visiting nurses and sents to receiving the services via tele- ‘‘that is not a discrete single-use unit’’ be-
other health care professionals make health. To ensure that the Medicare fore the period in each such paragraph; and
to the lives of patients and their fami- home health benefit does not become a (C) by adding at the end the following:
lies. I have been a passionate advocate telehealth-only benefit, Medicare reim- ‘‘(4) DISCRETE SINGLE-USE UNIT.—The term
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for home care ever since. bursement would only be provided if ‘discrete single-use unit’ means any product
containing, made from, or derived from to-
Last year, my bipartisan home the telehealth services constitute no
bacco or nicotine that—
health legislation, the Home Health more than half of the billable visits ‘‘(A) is not intended to be smoked; and
Care Planning Improvement Act, be- made during the 30-day payment pe- ‘‘(B) is in the form of a lozenge, tablet, pill,
came law as part of the Coronavirus riod. The Secretary of Health and pouch, dissolvable strip, or other discrete
Aid, Relief, and Economic Security Human Services would be required to single-use or single-dose unit.’’.
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April 22, 2021 CONGRESSIONAL RECORD — SENATE S2171
(d) TAX PARITY FOR SMALL CIGARS.—Para- amounts provided under this chapter shall extent as if such taxes were imposed by such
graph (1) of section 5701(a) of the Internal each be increased by an amount equal to— section 5701. The Secretary may treat any
Revenue Code of 1986 is amended by striking ‘‘(A) such dollar amount, multiplied by person who bore the ultimate burden of the
‘‘$50.33’’ and inserting ‘‘$100.66’’. ‘‘(B) the cost-of-living adjustment deter- tax imposed by paragraph (1) as the person
(e) TAX PARITY FOR LARGE CIGARS.— mined under section 1(f)(3) for the calendar to whom a credit or refund under such provi-
(1) IN GENERAL.—Paragraph (2) of section year, determined by substituting ‘calendar sions may be allowed or made.
5701(a) of the Internal Revenue Code of 1986 year 2020’ for ‘calendar year 2016’ in subpara- (l) EFFECTIVE DATES.—
is amended by striking ‘‘52.75 percent’’ and graph (A)(ii) thereof. (1) IN GENERAL.—Except as provided in
all that follows through the period and in- ‘‘(2) ROUNDING.—If any amount as adjusted paragraphs (2) through (4), the amendments
serting the following: ‘‘$49.56 per pound and a under paragraph (1) is not a multiple of $0.01, made by this section shall apply to articles
proportionate tax at the like rate on all frac- such amount shall be rounded to the next removed (as defined in section 5702(j) of the
tional parts of a pound but not less than highest multiple of $0.01.’’. Internal Revenue Code of 1986) after the last
10.066 cents per cigar.’’. (k) FLOOR STOCKS TAXES.— day of the month which includes the date of
(2) GUIDANCE.—The Secretary of the Treas- (1) IMPOSITION OF TAX.—On tobacco prod- the enactment of this Act.
ury, or the Secretary’s delegate, may issue ucts manufactured in or imported into the (2) DISCRETE SINGLE-USE UNITS AND PROC-
guidance regarding the appropriate method United States which are removed before any ESSED TOBACCO.—The amendments made by
for determining the weight of large cigars for tax increase date and held on such date for subsections (c)(1)(C), (c)(2), and (f) shall
purposes of calculating the applicable tax sale by any person, there is hereby imposed apply to articles removed (as defined in sec-
under section 5701(a)(2) of the Internal Rev- a tax in an amount equal to the excess of— tion 5702(j) of the Internal Revenue Code of
enue Code of 1986. (A) the tax which would be imposed under 1986) after the date that is 6 months after the
(f) TAX PARITY FOR ROLL-YOUR-OWN TO- section 5701 of the Internal Revenue Code of date of the enactment of this Act.
BACCO AND CERTAIN PROCESSED TOBACCO.— 1986 on the article if the article had been re- (3) LARGE CIGARS.—The amendments made
Subsection (o) of section 5702 of the Internal moved on such date, over by subsection (e) shall apply to articles re-
Revenue Code of 1986 is amended by inserting (B) the prior tax (if any) imposed under moved after December 31, 2021.
‘‘, and includes processed tobacco that is re- section 5701 of such Code on such article. (4) OTHER TOBACCO PRODUCTS.—The amend-
moved for delivery or delivered to a person (2) CREDIT AGAINST TAX.—Each person shall ments made by subsection (g)(1) shall apply
other than a person with a permit provided be allowed as a credit against the taxes im- to products removed after the last day of the
under section 5713, but does not include re- posed by paragraph (1) an amount equal to month which includes the date that the Sec-
movals of processed tobacco for exportation’’ $500. Such credit shall not exceed the retary of the Treasury (or the Secretary of
after ‘‘wrappers thereof’’. amount of taxes imposed by paragraph (1) on the Treasury’s delegate) issues final regula-
(g) CLARIFYING TAX RATE FOR OTHER TO- such date for which such person is liable. tions establishing the level of tax for such
BACCO PRODUCTS.— (3) LIABILITY FOR TAX AND METHOD OF PAY- product.
(1) IN GENERAL.—Section 5701 of the Inter- MENT.— ---
nal Revenue Code of 1986 is amended by add- (A) LIABILITY FOR TAX.—A person holding By Mr. REED (for himself and
ing at the end the following new subsection: tobacco products on any tax increase date to
Mr. VAN HOLLEN):
‘‘(i) OTHER TOBACCO PRODUCTS.—Any prod- which any tax imposed by paragraph (1) ap-
plies shall be liable for such tax.
S. 1343. A bill to amend the Fair
uct not otherwise described under this sec-
(B) METHOD OF PAYMENT.—The tax imposed Credit Reporting Act to require that a
tion that has been determined to be a to-
bacco product by the Food and Drug Admin- by paragraph (1) shall be paid in such man- consumer authorize the release of cer-
istration through its authorities under the ner as the Secretary shall prescribe by regu- tain information; to the Committee on
Family Smoking Prevention and Tobacco lations. Banking, Housing, and Urban Affairs.
Control Act shall be taxed at a level of tax (C) TIME FOR PAYMENT.—The tax imposed Mr. REED. I am joined by Senator
equivalent to the tax rate for cigarettes on by paragraph (1) shall be paid on or before VAN HOLLEN in reintroducing the Con-
an estimated per use basis as determined by the date that is 120 days after the effective sumer Credit Control Act, which gives
the Secretary.’’. date of the tax rate increase.
consumers greater control over when
(2) ESTABLISHING PER USE BASIS.—For pur- (4) ARTICLES IN FOREIGN TRADE ZONES.—
Notwithstanding the Act of June 18, 1934 and how their consumer reports are
poses of section 5701(i) of the Internal Rev- shared by consumer reporting agencies.
enue Code of 1986, not later than 12 months (commonly known as the Foreign Trade
Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.), Our current consumer reporting sys-
after the later of the date of the enactment
of this Act or the date that a product has or any other provision of law, any article tem is backwards. Consumer reporting
been determined to be a tobacco product by which is located in a foreign trade zone on agencies collect massive amounts of
the Food and Drug Administration, the Sec- any tax increase date shall be subject to the personal information on consumers,
retary of the Treasury (or the Secretary of tax imposed by paragraph (1) if— often without their knowledge, in order
the Treasury’s delegate) shall issue final reg- (A) internal revenue taxes have been deter- to compile consumer reports. These re-
mined, or customs duties liquidated, with re-
ulations establishing the level of tax for such ports are then shared with financial in-
product that is equivalent to the tax rate for spect to such article before such date pursu-
ant to a request made under the first proviso stitutions and others, often without
cigarettes on an estimated per use basis. consent.
(h) CLARIFYING DEFINITION OF TOBACCO of section 3(a) of such Act, or
(B) such article is held on such date under Following Equifax’s failure in 2017 to
PRODUCTS.—
(1) IN GENERAL.—Subsection (c) of section the supervision of an officer of the United secure troves of valuable personally
5702 of the Internal Revenue Code of 1986 is States Customs and Border Protection of the identifiable information it collected on
amended to read as follows: Department of Homeland Security pursuant approximately 147 million Americans,
‘‘(c) TOBACCO PRODUCTS.—The term ‘to- to the second proviso of such section 3(a). it remains clear that this system needs
bacco products’ means— (5) DEFINITIONS.—For purposes of this sub- to change. Indeed, the National Con-
‘‘(1) cigars, cigarettes, smokeless tobacco, section—
sumer Law Center’s Chi Chi Wu stated
pipe tobacco, and roll-your-own tobacco, and (A) IN GENERAL.—Any term used in this
subsection which is also used in section 5702 in her October 2017 testimony before
‘‘(2) any other product subject to tax pur-
suant to section 5701(i).’’. of such Code shall have the same meaning as the House Financial Services Com-
(2) CONFORMING AMENDMENTS.—Subsection such term has in such section. mittee that the Equifax breach ‘‘means
(d) of section 5702 of such Code is amended by (B) TAX INCREASE DATE.—The term ‘‘tax in- half of the US population and nearly
striking ‘‘cigars, cigarettes, smokeless to- crease date’’ means the effective date of any three-quarters of the consumers with
bacco, pipe tobacco, or roll-your-own to- increase in any tobacco product excise tax active credit reports are now at risk of
bacco’’ each place it appears and inserting rate pursuant to the amendments made by identity theft due to one of the worst—
‘‘tobacco products’’. this section (other than subsection (j) there-
if not the worst—breaches of consumer
(i) INCREASING TAX ON CIGARETTES.— of).
(C) SECRETARY.—The term ‘‘Secretary’’ data in American history. These Amer-
(1) SMALL CIGARETTES.—Section 5701(b)(1)
of such Code is amended by striking ‘‘$50.33’’ means the Secretary of the Treasury or the icans are at risk of having false new
and inserting ‘‘$100.66’’. Secretary’s delegate. credit accounts, phony tax returns, and
(2) LARGE CIGARETTES.—Section 5701(b)(2) (6) CONTROLLED GROUPS.—Rules similar to even spurious medical bills incurred in
of such Code is amended by striking the rules of section 5061(e)(3) of such Code their good names.’’ To make matters
‘‘$105.69’’ and inserting ‘‘$211.38’’. shall apply for purposes of this subsection. worse, the risks of identity fraud may
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(j) TAX RATES ADJUSTED FOR INFLATION.— (7) OTHER LAWS APPLICABLE.—All provi- only increase with time. As Ed
Section 5701 of such Code, as amended by sions of law, including penalties, applicable
Mierzwinski, U.S. PIRG’s federal Con-
subsection (g), is amended by adding at the with respect to the taxes imposed by section
end the following new subsection: 5701 of such Code shall, insofar as applicable sumer Program Director, explains ‘‘un-
‘‘(j) INFLATION ADJUSTMENT.— and not inconsistent with the provisions of like credit card numbers, your Social
‘‘(1) IN GENERAL.—In the case of any cal- this subsection, apply to the floor stocks Security Number and Date of Birth
endar year beginning after 2021, the dollar taxes imposed by paragraph (1), to the same don’t change and may even grow more
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S2172 CORRECTION CONGRESSIONAL RECORD — SENATE April 22, 2021
valuable over time, like gold in a bank (b) AVAILABILITY OF FUNDS.—Any funds ests in land), buildings, or structures owned
vault. Much worse, they are the keys available for purposes of the Pullman Na- by the State, or any other political, private,
to ‘new account identity theft.’ ’’ tional Monument shall be available for pur- or nonprofit entity by donation, transfer, ex-
poses of the historical park. change, or purchase from a willing seller.
The Consumer Credit Control Act
(c) REFERENCES.—Any references in a law, SEC. 9. MANAGEMENT PLAN.
aims to address these concerns and fix regulation, document, record, map, or other Not later than 3 fiscal years after the date
the current upside down system. Our paper of the United States to the Pullman on which funds are first made available to
legislation, at no cost to the consumer, National Monument shall be considered to be carry out this Act, the Secretary shall com-
seeks to give Americans greater con- a reference to the historical park. plete a general management plan for the his-
trol over when and how their consumer (d) PROCLAMATION.—Proclamation Number torical park.
reports are released when applying for 9233, dated February 19, 2015, shall have no
new credit, a loan, or insurance. It also force or effect. By Ms. COLLINS (for herself and
requires consumer reporting agencies SEC. 4. PURPOSES. Mr. CARPER):
to verify a consumer’s identity and se- The purposes of the historical park are to S. 1345. A bill to establish a national
preserve, protect, and interpret Pullman’s mercury monitoring program, and for
cure the consumer’s permission before nationally significant cultural and historical
releasing consumer reports in in- other purposes; to the Committee on
resources associated with— Environment and Public Works.
stances that are particularly suscep- (1) the Nation’s labor history and creation Ms. COLLINS. Mr. President, today
tible to identity theft and fraud. Addi- of a national Labor Day holiday;
is Earth Day, and there are many
tionally, our legislation requires every (2) the first planned industrial community
in the United States; issues, environmental challenges, that
consumer reporting agency to take ap-
(3) the architecture and landscape design of each of us could be discussing here on
propriate steps to prevent unauthor-
the planned community; the Senate floor.
ized access to the consumer reports and I have chosen to speak on a bill that
(4) the pivotal role of the Pullman porter
personal information they maintain. I am introducing today that is called
in the rise of the African-American middle
These changes are intended to make it class; and the Comprehensive National Mercury
tougher for criminals to open new (5) the entirety of history, culture, and his- Monitoring Act. I am pleased to be
fraudulent credit or insurance accounts toric figures embodied in Presidential Proc- partnering, once again, with my col-
in other people’s names. lamation Number 9233. league from Delaware, Senator CAR-
I urge our colleagues to cosponsor SEC. 5. ADMINISTRATION.
PER, who serves as the chairman of the
the Consumer Credit Control Act, and I The Secretary shall administer the land
Senate Environment and Public Works
thank Senator VAN HOLLEN, the Na- within the boundary of the historical park in
accordance with—
Committee. Our bipartisan bill would
tional Consumer Law Center (on behalf help ensure that we have accurate in-
of its low-income clients), U.S. PIRG, (1) this Act; and
(2) the laws generally applicable to units of formation about the extent of mercury
Americans for Financial Reform, the the National Park System, including— pollution in our country.
Center for Digital Democracy, Con- (A) section 100101(a), chapter 1003, and sec- Mercury is a potent neurotoxin. It
sumer Action, the Consumer Federa- tions 100751(a), 100752, 100753 and 102101 of poses significant ecological and public
tion of America, Consumer Reports, title 54, United States Code; and health concerns, especially for children
Demos, the NAACP, the National Asso- (B) chapter 3201 of title 54, United States and pregnant women. Mercury expo-
ciation of Consumer Advocates, the Na- Code. sure has gone down as U.S. mercury
tional Fair Housing Alliance, Public SEC. 6. COOPERATIVE AGREEMENTS. emissions have declined. However, the
Citizen, Tennessee Citizen Action, and To further the purposes of this subsection levels remain unacceptably high.
and notwithstanding chapter 63 of title 31, It is estimated that nearly 200,000
the Woodstock Institute for their sup-
United States Code, the Secretary may enter
port. into cooperative agreements with the State,
children born in the United States have
other public and non-profit entities, and been exposed to levels of mercury in
By Mr. DURBIN (for himself and other interested parties— the womb that are high enough to im-
Ms. DUCKWORTH): (1) to support collaborative interpretive pair their neurological development.
S. 1344. A bill to redesignate the Pull- and educational programs at non-Federal This exposure can impose a lifelong
man National Monument in the State historic properties within the boundaries of disability.
of Illinois as the Pullman National His- the historical park; and In addition, the societal costs of
torical Park, and for other purposes; to (2) to identify, interpret, and provide as- neurocognitive deficits associated with
the Committee on Energy and Natural sistance for the preservation of non-Federal mercury exposure are estimated to be
Resources. land within the boundaries of the historical approximately $4.8 billion per year.
Mr. DURBIN. Mr. President, I ask park and at sites in close proximity to the In Maine, some of our lands and bod-
historical park, but located outside the
unanimous consent that the text of the ies of water face higher mercury pollu-
boundaries of the historical park, including
bill be printed in the RECORD. providing for placement of directional and tion compared to the national average.
There being no objection, the text of interpretive signage, exhibits, and tech- Maine has been called the tailpipe of
the bill was ordered to be printed in nology-based interpretive devices; and the Nation, as the winds carrying pol-
the RECORD, as follows: SEC. 7. USE OF FUNDS. lution, including mercury, from the
S. 1344 The Secretary may use appropriated funds West drift into the State of Maine
Be it enacted by the Senate and House of Rep- to mark, interpret, improve, restore, and A system for collecting information,
resentatives of the United States of America in provide technical assistance with respect to such as we have for acid rain and other
Congress assembled, the preservation and interpretation of the forms of pollution, does not currently
SECTION 1. SHORT TITLE. properties. Any payment made by the Sec- exist for mercury, which, ironically, is
This Act may be cited as the ‘‘Pullman Na- retary under this clause shall be subject to a more toxic pollutant. A comprehen-
tional Historical Park Act’’. an agreement that the conversion, use, or
sive mercury monitoring network is
SEC. 2. DEFINITIONS. disposal of the project for purposes that are
inconsistent with the purposes of this sub- needed to protect human health, safe-
In this Act:
(1) HISTORICAL PARK.—The term ‘‘historical section, as determined by the Secretary, guard our fisheries, and track the ef-
park’’ means the Pullman National Histor- shall result in a right of the United States to fect of emission reductions. This moni-
ical Park. reimbursement of the greater of— toring network would also help policy-
(2) MAP.—The term ‘‘map’’ means the map (1) the amount provided by the Secretary makers, scientists, and the public bet-
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
entitled ‘‘Pullman National Historical Park, to the project; or ter understand the sources, con-
Chicago, Illinois, Boundary’’, numbered (2) an amount equal to the increase in the sequences, and trends of mercury pollu-
llll, and dated lllll. value of the project that is attributable to tion in our country.
(3) SECRETARY.—The term ‘‘Secretary’’ the funds, as determined by the Secretary at Specifically, our legislation would do
means the Secretary of the Interior. the time of the conversion, use, or disposal.
Any cooperative agreement entered into
the following:
SEC. 3. REDESIGNATION OF PULLMAN NATIONAL First, it would direct the EPA, in
MONUMENT. under this subparagraph shall provide for
(a) IN GENERAL.—The Pullman National reasonable public access to the resources conjunction with the Fish and Wildlife
Monument, established by Proclamation covered by the cooperative agreement. Service, the U.S. Geological Survey,
Number 9233, dated February 19, 2015, is re- SEC. 8. ACQUISITION OF LAND. the National Park Service, the Nation-
designated as the ‘‘Pullman National Histor- The Secretary may acquire for inclusion in al Oceanic and Atmospheric Adminis-
ical Park.’’. the historical park any land (including inter- tration, and other Federal Agencies, to
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April 22, 2021 CONGRESSIONAL RECORD — SENATE S2173
establish a national mercury moni- grants and for the migrants them- On the House side, we have two of my
toring program to measure and mon- selves. friends in the Texas delegation—Con-
itor mercury levels in the air and wa- Unfortunately, the administration gressmen HENRY CUELLAR, from La-
tersheds, water and soil chemistry, and has not yet figured out how to stop this redo, and TONY GONZALES, who rep-
in marine, freshwater, and terrestrial flow of illegal immigration. The Presi- resents one of the largest border dis-
organisms at multiple sites across the dent and his team are telling migrants: tricts in the country. So we truly have
Nation. Don’t come. But when it comes to his a bipartisan, bicameral piece of legisla-
Second, it would establish a sci- policies, all of his policies say: Come tion.
entific advisory committee to advise while you can. Our knowledge of this crisis doesn’t
on the establishment, site selection, They haven’t figured out how to re- just come from the news or political
measurement, recording protocols, and place Trump-era policies, and so what talking points but, as I suggested, from
operations of this monitoring program. they have done is left a void that is real conversations with the real people
Third, our bill would establish a cen- being exploited by everybody from the who are dealing with this and have
tralized database for existing and coyotes, the human smugglers, the peo- dealt with previous surges. We have
newly collected environmental mer- ple who smuggle in drugs into the heard from State and local leaders, law
cury data that can be freely accessed United States, as well as the people enforcement, NGOs, as I said, and a
on the internet and that is compatible who understandably want a better life. range of property owners whose prop-
with similar international efforts. Maybe they are fleeing poverty or vio- erty is being overrun by the coyotes
Fourth, our bill would require a re- lence. We all understand why people and those who are involved in this ille-
port to Congress every 2 years on the want to come to the United States, but gal immigration process. So their input
program, including trend data, and an we also believe the safest and fairest has been the driving force behind the
assessment every 4 years of the reduc- sort of immigration policy is legal im- bill, which includes, I believe, common-
tion in mercury deposition rates that migration into our country. sense measures to address this crisis.
needs to be achieved in order to pre- We are the most generous country in It is not, admittedly, a comprehen-
vent adverse human and ecological ef- the world. We have naturalized about a sive immigration bill, but we need to
fects on our environment. million people a year. It is one of our put the fire out first and then build on
Fifth, our bill would authorize $95 comparative advantages compared to our success, once we have passed that
million over 3 years for these purposes. the rest of the world that restricts mi- legislation, to do the other things that
We must establish a comprehensive, gration. Over the last few months, like I think we can probably agree on, on a
robust national mercury monitoring many of us, I have spent a lot of time consensus basis, such as we discussed
network. Otherwise, we will lack the listening and learning from the folks with the majority leader and others
data we need to help make informed on the ground in Texas who know the last evening.
decisions that can help protect the peo- ins and outs of this topic better than The Bipartisan Border Solutions Act
ple of Maine and the Nation, particu- anybody else. is not about scoring political points. It
larly our children and pregnant I have visited border communities is about solving a problem, and that
women. and heard from Border Patrol officers, problem is getting bigger every day.
I urge my colleagues to join me in mayors, county judges, and nongovern- The most immediate problem is our in-
supporting this bipartisan bill, the mental organizations that try to help ability to properly process the sheer
Comprehensive National Mercury Mon- these migrants once they make their number of people crossing our border.
itoring Act. way to the United States, and whose Our Border Patrol and Health and
Thank you. experience precedes this current surge. Human Services, and the Office of Ref-
--- I visited five of the facilities in Texas ugee Resettlement are simply over-
By Mr. CORNYN (for himself and that are helping take care of the record whelmed. In March, we saw the highest
Ms. SINEMA): number of migrant children in Carrizo number of border crossings on record:
S. 1358. A bill to establish regional Springs, Donna, Houston, Midland, and 172,000 individuals. That was a dra-
processing centers, to improve the asy- Dallas. I have heard about the heart- matic increase from the eye-popping
lum and credible fear processes to pro- breaking circumstances under which numbers in February, which totaled
mote fairness and efficiency, to require many of these children have arrived on 100,000.
immigration court docketing priorities our doorsteps. I have seen the incred- As I said, we have seen these surges
during irregular migration influx ible ways that our nongovernmental before but never a surge like this mag-
events, and to improve the capability organizations, like Catholic Charities, nitude. Now, the busiest months for
of the Department of Homeland Secu- are trying to ease the burden of this people to cross the border typically are
rity to manage migration flows, and crisis, even after a year of supporting April, May, and June but not February
for other purposes; to the Committee their communities through a global and not March. So we know that this is
on the Judiciary. pandemic. only going to get worse based on our
Mr. CORNYN. Mr. President, over the The reality of this situation is that historical experience.
last few months, we have been spending we are quickly nearing a breaking If our facilities and people are al-
a lot of time talking about the surge of point. We lack the facilities, the per- ready overwhelmed, imagine how the
migrants at our southern border and, sonnel, the resources, and the policies strain will intensify if we do nothing.
as the Presiding Officer knows, we are needed to manage this crisis. Law en- We already know that, in processing
having bipartisan meetings here to try forcement in border communities are these migrants, important steps are
to figure out how to address that and being overwhelmed by the sharp in- being skipped in an effort to expedite
other challenges of our broken immi- crease in migration, and unless some- the process.
gration system. thing changes, the entire system could Normally, if someone comes across
We know the spike in migration is collapse. the border seeking asylum, for exam-
not a new phenomenon, and sadly, nei- The light is flashing red, and the ple, they will be processed and released
ther is the increase in the number of time for action is now. That is why with a notice to appear for a future
unaccompanied children. But the cur- today I am proud to introduce the bi- court hearing. That document includes
rent surge is unlike anything we have partisan Border Solutions Act, along important information like when and
experienced in the past. We are break- with Senator SINEMA, to address this where their first court date is set. In
ing all the wrong kinds of records, in- crisis. many cases, right now, it just isn’t
cluding the numbers of unaccompanied It is no accident that both of us rep- happening.
dlhill on DSK120RN23PROD with SENATE
children, total monthly border cross- resent border States and that both of Many migrants are being released in
ings, and capacity levels at care facili- us have heard from our communities the interior of the United States with
ties. And, of course, all of this is hap- and stakeholders on the ground about incomplete paperwork, and they are
pening during a pandemic which cre- how important it is for Congress to not given any notice to appear for a fu-
ates serious risks for our law enforce- step up and provide some way to miti- ture immigration court date. And, you
ment and for those caring for these mi- gate the current crisis. know, if they don’t show up in court, a
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S2174 CONGRESSIONAL RECORD — SENATE April 22, 2021
default order of deportation will be en- erally were dropped over the border be heard and dismissed for lack of
tered even if they have a meritorious wall by human smugglers? merit resulting in your return? That is
claim for asylum. So it has real con- The truth is, migrant children endure one of the pull factors that we can es-
sequences. unimaginable abuse and trauma in the tablish and we can improve to deter
But what else can our government of- hands of these criminal organizations. people from wasting their hard-earned
ficials and our local communities do? We need to try better, and we need to money with nonexistent or weak asy-
Unfortunately, they do not want us to do better to provide protections to lum claims.
continue releasing people to the inte- these children and ensure that they And, finally, the bill will ensure that
rior without a court date or informa- will not continue to be traumatized or migrants are treated fairly and hu-
tion on what is needed in order to as- abused once they cross our borders. manely so we can be confident that our
sert your claim. And as I said, without For example, our bill also provides asylum system is working as we in-
appearing in court, a migrant with a that children cannot be released into tended. This legislation includes a
valid asylum claim won’t be able to re- the custody of a relative or sponsor large number of other commonsense
ceive the relief that U.S. law provides who could potentially inflict even more measures to alleviate staffing short-
for them. harm upon them. No sex offender, no ages, improve coordination between
At one point, the situation was so child abuser, and no other dangerous Federal, State, and local officials, ex-
bad, the Biden administration consid- criminal should be given the responsi- pand language translation and legal
ered flying migrants to less busy loca- bility to care for one of these children. orientation services for migrants, and
tions on the northern border to be We also need to remove some of the the list goes on.
processed. So there is really no ques- pull factors that encourage migrants to Former Border Patrol Chief Carla
tion we need to improve our capacity make this dangerous journey to our Provost once described this surge in
and our process to handle these mi- border in the first place. Many smug- migration as like holding a bucket
grants more thoroughly and effi- glers, known colloquially as coyotes, under the faucet. It doesn’t matter how
ciently. know our immigration laws better many buckets you have if you can’t
Our bipartisan bill here in the Senate than most Americans, and they know turn off the water. In the short term,
and in the House will establish four re- how to exploit them, as I said. we do need a bigger bucket. That in-
gional processing centers in high-traf- There is no doubt our backlogged cludes facilities to process these mi-
fic areas along the border to streamline legal system is one of the pull factors grants and personnel to adjudicate
the intake of migrants. One reason for these migrants. One of the biggest their asylum claims. But it won’t mat-
that is so important, just beyond ca- selling points for the smugglers is the ter how big that bucket is if we don’t
pacity issues, is that the smugglers immigration court backlog, which is stop the flow or at least reduce it.
who smuggle people into the United currently 1.3 million cases. On average, We need to eliminate the pull factors
States for a price—part of it takes 21⁄2 years to get from the bor- that encourage migrants who do not
transnational criminal organizations— der to an immigration judge. qualify under our law for asylum from
they make a lot of money doing this, A person or family can come here il- even attempting the dangerous journey
and they are smart. They know if they legally and present weak or virtually to our border in the first place. That is
flood the zone with unaccompanied nonexistent asylum claims with an al- exactly why the Bipartisan Border So-
children, that the Border Patrol will go most certain guarantee that they will lutions Act is the answer or an answer
offline in order to take care of those be able to stay in the United States for to the crisis at hand.
children, which we want those children years while their claims are being ad- This bill will deter illegal immigra-
taken care of. But what the smugglers judicated. That needs to change. Our tion without interfering with legiti-
know and what the transnational legislation takes a number of steps to mate claims. It will ensure that mi-
criminal organizations know is once reduce the wait times and eliminate grants’ claims are processed effi-
those Border Patrol come off the front- the backlog as a draw for even more il- ciently, without skipping important
line, they are going to exploit that legal immigration and ensure that steps, and it will provide critical pro-
loophole by running drugs into the meritorious claims are recognized in a tections for children who come here
United States or more migrants. timely manner. alone.
Last year alone—or the last 12 The first part of this is, we need to The fact that we have a bill that is
months alone, 88,000 Americans have hire more people. We need more immi- bipartisan and bicameral is a testa-
died from drug overdoses. And 92 per- gration judges. We need more asylum ment to the commonsense reforms in-
cent of the heroin that comes into the officials. We need litigation teams and cluded in this legislation, and I have
United States comes from Mexico, to- other staff who play a role in these been proud to work with Senator
gether with a lot of methamphetamine, legal proceedings. The only way to SINEMA, Congressman CUELLAR, and
fentanyl, cocaine, and you name it. So eliminate this backlog is to work Congressman GONZALES on this bill,
we are dealing with incredibly shrewd through it, and this bill allows us to and we would invite our colleagues to
and crafty people who understand the hire hundreds of people to do just that. look at the bill and join us in cospon-
border perhaps better than most of us Our legislation includes another im- soring it on a bipartisan basis.
do. portant change to remove this backlog Now, one thing I can guarantee is
One of the worst parts of the current as a pull factor. During surge events this is not the end-all, be-all. This is
crisis is the tens of thousands of unac- like we are experiencing now, the cases not some silver bullet that is going to
companied children who are making of those arriving will be prioritized. In solve all of our problems, but what I
the dangerous trip from Central Amer- other words, we will put them at the think it will do is help restore public
ica or Mexico without their parents. front of line, not the back of the line confidence that we are serious about
Many of us have seen the heart- where we will never get to them. For enforcing our laws, while remaining
breaking video of a young boy, aban- those with legitimate asylum claims, generous in providing legal claims the
doned by smugglers in the Rio Grande that should be good news. About 10 or benefit of a hearing and validation.
Valley, and he was asking for direc- 12 percent of the people who show up We are, in fact, the most generous
tions because he was lost. Smugglers on our front doormat have legitimate Nation in the world when it comes to
left him behind. I don’t know why. asylum claims that are upheld by im- legal immigration—naturalizing,
Maybe he was injured or ill or slowing migration judges, and we should pro- roughly, a million people a year. But
them down, but these smugglers don’t vide them a timely hearing in front of the truth is, my State and all our
care about this young boy or any other a judge so they can receive the benefit States, those of us on this bill cur-
dlhill on DSK120RN23PROD with SENATE
human being. All they care about is of U.S. law. rently, have borne the brunt of this cri-
the money. But this will also serve as a deterrent sis because of the failures of the Fed-
And we have also read the story for those who know their asylum eral Government to deal with them.
about a young girl who drowned trying claims are weak. Why pay smugglers So we have developed a list of bipar-
to cross the river. And who can forget thousands of dollars to reach the tisan cosponsors, and I hope the chair-
the young girls, ages 3 and 5, who lit- United States if your case will quickly man of the Judiciary Committee and
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April 22, 2021 CONGRESSIONAL RECORD — SENATE S2175
the minority leader will commit to sional Football Association, now known as economic disparities faced by Native Amer-
working with us to solve this crisis in the National Football League; ican people, and the inaccessibility of many
a fair and humane way. Whereas Jim Thorpe was voted America’s Federal public health and social programs in
Greatest All- Around Male Athlete and cho- Native American communities;
And the last thing I will say is, we Whereas people of Mexican and Puerto
sen as the greatest football player of the
are all ears if somebody has a better half-century in 1950 by an Associated Press Rican descent, who became Americans
idea, but so far we haven’t seen any- poll of sportswriters; through conquest, were subject to, but never
body step up and say: I have got an an- Whereas Jim Thorpe was named the Great- full members of the polity of the United
swer or at least a partial answer or re- est American Football Player in history in a States and experienced widespread discrimi-
sponse that has bipartisan and bi- 1977 national poll conducted by Sport Maga- nation in employment, housing, education,
cameral support. zine; and health care;
Whereas because of his outstanding ath- Whereas the immoral paradox of slavery
So I hope our colleagues will take a and freedom is an indelible wrong traced
letic achievements, Jim Thorpe was the first
look at this, will work with us, and if throughout the history of the United States,
Native American inducted into the National
they have got a better idea, as I said, Track and Field Hall of Fame, the Profes- as African Americans lived under the oppres-
we are all ears. sional Football Hall of Fame, the Helms Pro- sive institution of slavery from 1619 through
f fessional Football Hall of Fame, the Na- 1865, endured the practices and laws of seg-
tional Native American Hall of Fame, the regation during the Jim Crow Era, and con-
SUBMITTED RESOLUTIONS Pennsylvania Hall of Fame, and the Okla- tinue to face the ramifications of systemic
homa Hall of Fame; racism through unjust and discriminatory
--- structures and policies;
Whereas the Amateur Athletic Union of
SENATE RESOLUTION 171—EX- 1973 restored the amateur status of Jim Whereas, before the enactment of the
PRESSING THE SENSE OF THE Thorpe for the years 1909 through 1912; Medicare program, the United States health
SENATE THAT THE INTER- Whereas the International Olympic Com- care system was highly segregated, and, as
NATIONAL OLYMPIC COMMITTEE mittee returned duplicates of gold medals late as the mid-1960s, hospitals, clinics, and
won by Jim Thorpe to his family in 1982, but doctors’ offices throughout Northern and
SHOULD CORRECT THE OLYMPIC Southern States complied with Jim Crow
RECORDS FOR JIM THORPE FOR did not list him as the sole gold medal win-
ner for his achievements during the 1912 laws and were completely segregated by
HIS UNPRECEDENTED ACCOM- race—leaving Black communities with little
Olympic Games; and
PLISHMENTS DURING THE 1912 Whereas the failure of the International to no access to health care services;
OLYMPIC GAMES Olympic Committee to update the records Whereas, between 1956 and 1967, the Na-
regarding Jim Thorpe disregards the unprec- tional Association for the Advancement of
Mr. INHOFE (for himself and Mr. Colored People (NAACP) Legal Defense and
LANKFORD) submitted the following edented achievements of one of the best ath-
letes in the history of the United States, the Education Fund litigated a series of court
resolution; which was referred to the cases to eliminate discrimination in hos-
only athlete in Olympic history to win both
Committee on Commerce, Science, and the pentathlon and the decathlon during the pitals and professional associations;
Transportation: same year, the first Native American athlete Whereas the landmark case Simkins v.
S. RES. 171 to win Olympic gold medals for the United Moses H. Cone Memorial Hospital, 323 F.2d
States, and the contributions of the Sac and 959 (1963), challenged the Federal Govern-
Whereas Wa-Tho-Huk or ‘‘Bright Path’’, ment’s use of public funds to expand, sup-
known as James Francis Thorpe or ‘‘Jim Fox Nation in the history of the United
States: Now, therefore, be it port, and sustain segregated hospital care,
Thorpe’’ of the Thunder Clan of the Sac and and provided justification for title VI of the
Fox Nation, was born May 22, 1887 on the Resolved, That it is the sense of the Senate
that the International Olympic Committee, 1964 Civil Rights Act and the Medicare hos-
Reservation of the Sac and Fox Nation in pital certification program—establishing
Prague, Oklahoma, and died March 28, 1953 in through the president of the Committee,
should officially recognize the unprecedented Medicare hospital racial integration guide-
Lomita, California; lines that applied to every hospital that par-
Whereas Jim Thorpe attended the Carlisle athletic achievements of Jim Thorpe as the
sole gold medalist in the 1912 pentathlon and ticipated in the Federal program;
Indian School in Pennsylvania and estab- Whereas, in 1967, President Lyndon B.
lished his amateur football record playing decathlon events and correct these inaccura-
cies in the official Olympic books. Johnson established the National Advisory
halfback, defender, punter, and place-kicker Commission on Civil Disorders, which con-
while a student and was subsequently chosen f
cluded that White racism is responsible for
as Walter Camp’s First Team All-American
SENATE RESOLUTION 172—DECLAR- the pervasive discrimination and segregation
Half-Back in 1911 and 1912; in employment, education, and housing, re-
Whereas prior to the 1912 Olympic Games, ING RACISM A PUBLIC HEALTH
CRISIS sulting in deepened racial division and con-
Jim Thorpe placed second in the pentathlon tinued exclusion of Black communities from
at the Amateur Athletic Union National Mr. BROWN (for himself, Mr. BOOK- the benefits of economic progress;
Championship Trials in Boston, Massachu- ER, Mr. PADILLA, Ms. DUCKWORTH, Mr. Whereas language minorities, including
setts; WARNOCK, Ms. HIRONO, Mr. MARKEY, Latinos, Asian Americans, and Pacific Is-
Whereas Jim Thorpe represented the
Ms. BALDWIN, Mr. BLUMENTHAL, Mr. landers, were not assured non-discriminatory
United States as an enrolled member of the access to federally funded services, including
Sac and Fox Nation, the largest of 3 feder- KAINE, Mr. MERKLEY, Mr. CARDIN, Mr.
MENENDEZ, Ms. KLOBUCHAR, Mr. WAR- health services, until the signing of Execu-
ally recognized Tribes of Sauk and tive Order 13166 (42 U.S.C. 2000d-1 note; relat-
Meskwaki (Fox), in the 1912 Olympic Games NER, Mr. CASEY, Mr. BENNET, Ms. WAR-
ing to improving access to services for per-
in Stockholm, Sweden; REN, Ms. SMITH, Ms. STABENOW, Mr.
sons with limited English proficiency) in
Whereas at the 1912 Olympic Games, he WYDEN, Mr. CARPER, and Mrs. MURRAY) 2000;
won a Gold Medal in the pentathlon, became submitted the following resolution; Whereas the Patient Protection and Af-
the first athlete from the United States to which was referred to the Committee fordable Care Act (Public Law 111–148; 124
win a gold medal in the decathlon, in which
on Health, Education, Labor, and Pen- Stat. 119)—
he set a world record, and became the only (1) included provisions to expand the Med-
athlete in Olympic history to win both the sions:
icaid program and—for the first time in the
pentathlon and the decathlon during the S. RES. 172
United States—established a Federal prohi-
same year; Whereas, since its founding, the United bition against discrimination on the basis of
Whereas at the time Jim Thorpe won 2 States has had a longstanding history and race, color, national origin, sex, age, or dis-
Gold Medals in the 1912 Olympic Games, and legacy of racism, mistreatment, and dis- ability in certain health programs, building
not until 1924 under the Indian Citizenship crimination against African Americans, on other Federal civil rights laws; and
Act, Native Americans were not recognized Latinos, Native Americans, and other people (2) required reporting to Congress on
as citizens of the United States; of color; health disparities based on race, color, na-
Whereas Native Americans were not grant- Whereas the United States ratified over 350 tional origin, sex, age, or disability;
ed the right to vote in every State until 1957; treaties with sovereign indigenous commu- Whereas several Federal programs have
Whereas Jim Thorpe was a founding father nities, has broken the promises made in such been established to address some, but not all,
of professional football, playing with the treaties, and has historically failed to carry of the health outcomes that are dispropor-
dlhill on DSK120RN23PROD with SENATE
Canton Bulldogs, which was the team recog- out its trust responsibilities to Native Amer- tionately experienced by communities of
nized as world champion in 1916, 1917, and icans, including American Indians, Alaska color, including sickle cell disease, tuber-
1919, the Cleveland Indians, the Oorang Indi- Natives, and Native Hawaiians, as made evi- culosis, infant mortality, and HIV/AIDS;
ans, the Rock Island Independent, the New dent by the chronic and pervasive under- Whereas the National Center for Chronic
York Giants, and the Chicago Cardinals; funding of the Indian Health Service and Disease Prevention and Health Promotion
Whereas, in 1920, Jim Thorpe was named Tribal, Urban Indian, and Native Hawaiian works to raise awareness of health dispari-
the first president of the American Profes- health care, the vast health and socio- ties faced by minority populations in the
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