Congressional Record — Senate, April 28, 2021
Summary
Congressional Record, Senate, pages S2271 and S2272, April 28, 2021. The page opens with letters urging passage of a resolution on methane standards (S.J. Res. 14 and H.J. Res. 34), including a letter from Shell Oil Company to the leaders of the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce. Ernst, under the heading Biden Administration, says it has been nearly 100 days since President Biden's inaugural address and criticizes President Biden's executive orders, border policy, and the idea of ending the legislative filibuster.
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“Congressional Record — Senate, April 28, 2021.”
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April 28, 2021 CONGRESSIONAL RECORD — SENATE S2271
standards. We urge Congress to swiftly vote Natural Resources Defense Council, New The PRESIDING OFFICER (Ms.
to pass this resolution, an action which Mexico Interfaith Power and Light, ROSEN). The Senator from Iowa.
would allow the Environmental Protection New Mexico Sportsmen, Partnership BIDEN ADMINISTRATION
Agency (EPA) to accelerate strengthening for Responsible Business, Powder River
safeguards against methane and other pollu- Basin Resource Council, ProgressNow Ms. ERNST. Madam President, it has
tion. Colorado, Project CoffeeHouse, Protect been nearly 100 days since President
As you know, methane is a potent pollut- All Children’s Environment, Public Biden delivered his inaugural address,
ant that is responsible for around 25 percent Citizen, Rachel Carson Council, Re- promising our Nation ‘‘unity, not divi-
of the impacts of climate change we are ex- sponsible Drilling Alliance, Rio Grande sion.’’ He called on all of us to ‘‘listen
periencing today. In 2016, the Environmental Indivisible. to one another,’’ noting that unity ‘‘re-
Protection Agency (EPA) established regula- Rocky Mountain Farmers Union, Santa
tions to tackle methane and other dangerous quires more than words.’’
Fe Green Chamber of Commerce, I was there, and I was listening. I was
emissions from new and modified sources Sciencecorps, Sierra Club, The Evan-
within the oil and gas sector, which is the gelical Environmental Network, The
hopeful that he actually meant what
largest industrial source of methane pollu- Greater Prince William Climate Action he said. But that very same day, as
tion. This action took concrete steps to im- Network, The Ohio Environmental soon as he reached the other end of
plement science-based standards to combat Council, The Wilderness Society, Pennsylvania Avenue, President Biden
previously unchecked emissions. The oil and Waterkeeper Alliance, Western Colo- seemed to forget his own words as he
gas sector is likewise a significant source of rado Alliance, Western Organization of
smog-forming volatile organic compounds
began signing a record number of Exec-
Resource Councils, Young Evangelicals utive orders.
and hazardous air pollutants in communities for Climate Action.
across the nation. With the stroke of a pen, he unilater-
In the waning days of the previous admin-
-- ally created a new migrant crisis by re-
SHELL OIL COMPANY,
istration, EPA finalized a rule that elimi-
Houston, TX, April 22, 2021. versing the previous administration’s
nated safeguards that protect our climate successful policies and ceasing con-
Hon. TOM CARPER,
and communities from oil and gas pollution struction of the wall.
Chairman, Senate Committee on Environment
and attempted to erect barriers to the pro- He also killed thousands of jobs for
and Public Works, Washington, DC.
mulgation of future standards. Many oil and
gas operators, natural gas users like utili-
Hon. SHELLEY MOORE CAPITO, American workers by canceling the XL
ties, states, and environmental and health Ranking Member, Senate Committee on Envi- Pipeline. And that was just his first
groups support federal standards to regulate ronment and Public Works, Washington, day on the job.
methane emissions. Many environmental and DC. Since then, the President and his
Hon. FRANK PALLONE,
health groups, state and local governments, Democratic allies in Congress have
utilities and other gas purchasers, oil and Chairman, House Committee on Energy and
Commerce, Washington, DC. used a partisan process to fast-track
gas operators, and even the American Petro- trillions of dollars of new spending for
leum Institute (API), have expressed support Hon. CATHY MCMORRIS RODGERS,
Ranking Member, House Committee on Energy their pricey pet projects.
for federal rules to curb the oil and gas in-
dustry’s wasteful methane releases—wasted and Commerce, Washington, DC. Despite the President’s call for us to
gas worth $2.4 billion, which could be used to DEAR CHAIRMAN CARPER, RANKING MEMBER listen to one another, the Democrats
heat approximately 12.5 million homes in a CAPITO, CHAIRMAN PALLONE, AND RANKING are planning to, once again, fast-track
year. Adopting S.J. Res. 14 and H.J. Res. 34 MEMBER RODGERS: Shell supports passage of another $2.2 trillion package being sold
will reinstate pollution protections and clear a proposed joint resolution of disapproval as an ‘‘infrastructure’’ bill, even
the path for EPA to move forward with wide- under the Congressional Review Act (CRA)
to rescind the 2020 rule ‘‘Oil and Natural Gas
though it spends less on roads and
ly-supported, sensible safeguards for meth- bridges than it does on parts of the So-
ane and other pollution from oil and gas pro- Sector: Emission Standards for New, Recon-
structed and Modified Sources Review’’ and cialist Green New Deal and other pro-
duction.
We must take early action to reduce harm- reinstate the direct regulation of methane gressive priorities.
ful methane emissions as a necessary step to emissions from new and modified sources es- And then right after that, they want
combating the climate crisis. Regulation of tablished by the Environmental Protection to ram through another $1 trillion for
dangerous methane emissions is critical to Agency in 2016. so-called human infrastructure.
lowering the magnitude of warming we will Beginning in 2015, Shell worked with EPA The Democrats are threatening to
experience around 2050. We need leaders who and industry peers to develop a workable ap- end the right of Senators to debate by
will fight for a healthier future and seek am- proach to regulating methane from onshore
oil and gas sources. Shell was the first oil
abolishing the filibuster so they can
bitious next-generation standards for new shove through their extreme agenda.
and existing oil and gas facilities. S.J. Res. major to signal support for the rule. Begin-
14 provides the EPA with a clean slate to get ning in 2017, Shell urged the Trump Adminis- This would fundamentally change the
back to a regulatory process that makes sci- tration to make desired refinements to the Senate, which has long been known as
entific sense and gets our goal of ambitious regulation, but to maintain the direct regu- the world’s—not just America’s but the
methane emissions reductions back on track, lation of methane from onshore sources es- world’s greatest deliberative body, in
while advancing our collective climate and tablished by the previous Administration. which every State has equal represen-
environmental justice goals. The efficient regulation of methane from
tation and every Senator is given a
Sincerely, onshore oil and gas production makes good
business sense, as methane captured is meth- voice in our national conversations.
Blue Ridge Environmental Defense It is an interesting twist for the
League, Brighter Green, Center for ane sold, advances the energy transition and
Civic Policy, Center for Human Rights expands the role of natural gas as a transi- party that just a year ago proudly re-
and Environment, Chapel Hill Organi- tion fuel. The 2016 rule sparked innovation, sisted nearly every effort put forth to
zation for Clean Energy, Citizens Car- contributing to the development of more ef- address the problems facing our Na-
ing for the Future, Citizens’ Environ- ficient and affordable pneumatics, better tion.
mental Coalition, Clean Air Council, cameras and new airborne imagery, tools For purely partisan political reasons,
Clean Air Task Force, Clean Water Ac- that help us better understand and control Democrats even filibustered—yes, they
tion, Climate Advocates Voces Unidas, methane leaks from our assets.
filibustered—the JUSTICE Act that
Climate Law & Policy Project, Con- I have appreciated the leadership of those
in Congress working to advance this joint would have provided police reform fol-
servation Colorado, Conservation Vot-
resolution. I have attached an oped in sup- lowing the deaths of George Floyd and
ers New Mexico, Dakota Resource
Council. port of the resolution published last week in others.
Defend Our Future, Earth Action, Inc., the Houston Chronicle. This week, the Nation will have the
Earthjustice, Earthworks, Empire Sincerely, opportunity to hear from the author of
State Consumer Project, Environ- GRETCHEN WATKINS, that bill, my dear friend Senator TIM
mental Defense Fund, Fort Berthold President. SCOTT of South Carolina, who is deliv-
POWER, Franciscan Action Network, Mr. CARPER. Now, Mr. President, I ering the Republican response to the
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Grand Canyon Trust, GreenLatinos, will yield the floor, but before I do, I President’s address this evening. No
Health Action New Mexico, Hispanic want to salute you for your role in an one better represents the type of posi-
Access Foundation, Interfaith Power &
earlier day, in an earlier place, your tive leadership we need to unify our
Light, League of Conservation Voters,
League of Oil and Gas Impacted Colo- State of Colorado, for helping get this Nation than TIM. He truly is the per-
radans, Moms Clean Air Force, Na- started. We are in your debt. Good fect voice for the American dream.
tional Organization for Women, Na- work. God bless. Growing up in a poor, single-parent
tional Parks Conservation Association. With that, I yield the floor. household, TIM’s mother worked hard
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S2272 CONGRESSIONAL RECORD — SENATE April 28, 2021
to make ends meet. Despite some early Mr. BARRASSO. First, Madam Presi- know it; and this will make us less safe
challenges and setbacks, TIM success- dent, I would like to associate myself as a nation.
fully started his own business and was with the remarks of the Senator from There is also a humanitarian crisis at
chosen, time and again, to serve in Iowa, who did a magnificent job of the border caused by President Biden.
public office. pointing out what we are facing as a Just a month ago, a 9-year-old from
As a Senator, TIM is focused on cre- nation. And I admire her fortitude, her Mexico died trying to cross the Rio
ating opportunities for others by tap- hard work, and her dedication as the Grande River. It is heartbreaking. That
ping into the potential of individuals vice chairman of the Republican con- is what happens, though. This is what
and communities. TIM listens, and he ference. happens when more and more people
works hard to bring people together. Madam President, 99 days ago, Joe try to come illegally to cross our bor-
Folks, that is what President Biden Biden took office. He took the oath of der.
promised to do, but he is not living up office. We were there. He gave an inau- Children who cross the border unac-
to that promise. Frankly, the Presi- gural address. He said that ‘‘with companied are sent to a facility that is
dent only seems to be listening to the unity, we can do great things.’’ He said prepared and appropriate for about 250
far-left progressives within the Demo- that ‘‘unity is the path forward.’’ Well, children. The day we were there, there
cratic Party who live on their own lib- that was the last example of unity and were 7,000 crammed in like sardines.
eral ‘‘Fantasy Island.’’ bipartisanship that we have seen from That is Joe Biden’s plan for immigra-
He and his liberal allies on the left President Biden. He has lost all credi- tion.
are pushing tax hikes on working bility when it comes to bipartisanship Ten percent of these children are
Americans, while giving tax breaks to or unity. testing positive for coronavirus. And
wealthy coastal elites. They are bring- In just 99 days, President Biden has we saw the testing process. We know
ing back corrupt and costly earmarks. already shown himself to be one of the that every child there was exposed to
Democrats want to defund our police coronavirus based on the high percent-
most radical Presidents in American
and abolish ICE. They want to remake age of those who were testing positive.
history.
nearly every aspect of our economy When I am in Wyoming, as I am Now, as these young people are re-
with their radical Green New Deal. The every weekend and have been over leased, those who have tested negative
Democrats are plotting to pack the Su- Easter, as well, traveling the State and but who have just been exposed in the
preme Court with ultraliberal Justices talking to people, they ask about two days before, they are being sent all
and destroy that institution. And to specific issues; one is energy, and the across America, and they are spreading
pad their numbers in Congress, Demo- second is the southern border. On these the virus and unknown variants of the
crats are attempting to make Wash- two specific issues, President Biden has virus to this country.
ington, DC, a State. already done tremendous damage— Joe Biden is the superspreader of
Does that sound like the unity and coronavirus today. Democrats think
damage to our country, damage to our
bipartisanship we were promised on this is just fine.
people, damage to our economy.
day one? It sure doesn’t, folks. Right after his inaugural address The Vice President of the United
If President Biden actually listened
about unity, President Biden drove to States is going to be up here tonight on
to the voices of Americans who live
the White House, sat there, went in, Capitol Hill. She says: ‘‘We’re making
outside of the DC swamp, he wouldn’t
and threw the unity speech out the progress.’’
be hearing a demand for any of those
window, and he drew a big target on NANCY PELOSI says: ‘‘We’re on a good
radical proposals.
the back of American energy, and he path on the border.’’
The Senate is split 50–50, while
pulled the trigger. He shut down the Homeland Security Secretary
Democrats hold a razor-slim majority
Keystone XL Pipeline; he ended new Mayorkas says: ‘‘The border is secure
in the House of Representatives. And
fossil fuel projects on Federal lands; and closed,’’ even though he has also
according to a recent Gallup poll, an
and he cut off traditional energy loans said this is the worst case in 20 years
overwhelming two-thirds of Americans
to developing nations that need our for young people and we are on a path
say they are dissatisfied with the way
help and look to us for help. for up to 2 million illegal immigrants
things are going in the United States.
Well, these steps aren’t going to re- coming across the border this year.
Based upon those responses, it sounds
duce carbon emission, but they will The White House refuses to use the
like the Democrats’ radical agenda is
most certainly reduce jobs and wages word ‘‘crisis.’’ In fact, when the Presi-
dividing, not unifying, our country.
Iowans want Democrats and Repub- for American energy workers. dent and his Press Secretary have acci-
licans to set aside partisan differences Also, on his first day, President dentally called it a crisis—and they
and work together on our national in- Biden flipped on the big green light both have done that—the White House
terests. They want students to be able switch on our southern border. He sent issued a correction. They said: No, no,
to safely return to their classroom and out the word, laid out the welcome not a crisis; only a challenge.
mat, and people from around the world Who do they think they are fooling?
for folks to go back to work.
Iowans want us to fix our roads and came illegally to the United States. He Two million illegal immigrants this
bridges and expand broadband to rural stopped construction on the border year is not a challenge. It is a crisis. It
areas. They worry about the growing wall, and he ended a policy that was is chaos at the border. It is cata-
global influence of Communist China successful. The policy was that known strophic.
and the humanitarian and national se- as the ‘‘Remain in Mexico’’ policy. Ninety-nine days ago, none of this
curity crisis on our southern border. Now, the result wasn’t just one crisis; was happening. For 99 days, Repub-
They want us to protect the American it was two. It was a humanitarian cri- licans in the U.S. Senate have repeat-
dream for future generations. sis, and it was also a national security edly looked for common ground with
Folks, we can do this. crisis. President Biden and the Democrats. We
President Biden, if you are listening, It is a national security crisis be- have stood for American energy. We
please hear me out. Giving into the cause two-thirds of the Border Patrol worked to secure the border. Yet for 99
deafening demands of the loudest on agents—and I went to the border and days those efforts have been blocked by
the left and attempting to silence half went with a number of Republican Sen- President Biden and a Democratic ma-
of the country will not solve our prob- ators and went on a midnight patrol jority—which is hardly a big majority
lems. It will only divide us more. with our border agents, and they told when it is 50–50, which you would think
us that two-thirds of the Border Patrol would be a mandate to move to the
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To succeed, we need to consider the
voices of all Americans and speak to agents are unable to do their jobs and middle.
what unites us so we can overcome our keep us safe, unable to be there to en- Well, President Biden still has a
challenges. And we can overcome these force the law. And they said that, so thousand days or so left in his term.
challenges together. far, people have come into the country Tonight’s speech might sound a lot like
I yield the floor. illegally from 56 different nations. his inaugural address with lots of
The PRESIDING OFFICER. The Sen- The whole world knows the border is promises. The American people know
ator from Wyoming. open. Our friends know it; our enemies talk is cheap. It is time for President
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April 28, 2021 CONGRESSIONAL RECORD — SENATE S2273
Biden to start to practice what he is some courage, frankly, to do so in the Even the most generous description
preaching. primary because most of his opponents of ‘‘infrastructure’’ applied to this bill
I yield the floor. did not take that position. Yet, now means that less than 20 percent of it, 20
The PRESIDING OFFICER. The Sen- having gotten elected, he seems to percent of $2.3 trillion, is about infra-
ator from Ohio. have forgotten the pledges that he structure. It is about other things. And
Mr. PORTMAN. Madam President, I made. we can have a debate on those other
would like to start by thanking my I listened to his inaugural address in- things, whether it is nursing home sub-
colleague from Wyoming and my col- tently, as I hope a lot of Americans sidies or whether it is subsidies to elec-
league from Iowa for their comments did—and certainly my colleagues did— tric car companies or whether it is
about where we are as a country 100 and he talked again about reaching more childcare. Those are all issues we
days into the Biden administration. out, going back to the days when we can discuss, but they are not, obvi-
It has been discouraging that we could work together, and he focused on ously, infrastructure issues.
haven’t seen more bipartisan work and unity. I was very hopeful with the tone Proposing to pay for this huge plan
with regard to the border, having been he set that day, and I said so at the with taxes on American workers makes
down there a couple of weeks ago, par- time. Yet that rhetoric has not been it even worse. So the $2.3 trillion plan
ticularly discouraging that we can’t matched by action. It hasn’t been is not mostly infrastructure—80 per-
come up with a bipartisan solution matched by action when it comes to cent is not—but then the taxes that
that deals with the obvious crisis on key policy initiatives they have al- would apply to America and to Amer-
the border. ready put forward, including the latest ican workers would be devastating,
Of course it is a crisis. Everybody COVID–19 spending bill that passed in making us noncompetitive in the glob-
knows that, including the Biden ad- March. al economy again after finally we were
ministration. The question is, What are Remember, despite a 50–50 Senate getting our act together.
we going to do about it? Some of us and very tight majority in the House of In 2018 and 2019, we saw a big increase
have laid out some proposals that we Representatives, there was no outreach in our economy, large increases in
think would be very sensible, that to Republicans for the COVID–19 legis- terms of employment. Also, wages were
could be done on a bipartisan basis. Yet lation. Not a single Republican was going up. We had the lowest poverty
we are not getting the kind of coopera- consulted before unveiling the plan, rate in the history of our country,
tion from the White House or the other and once it was out there, Democrats going back to the 1950s, partly because
side of the aisle, frankly, with regard chose to work only among themselves
we were putting in place policies that
to dealing with a clear crisis. and do it under what is called rec-
made sense in terms of tax reform to
In my time here in Congress, I have onciliation, where they don’t need a
create more incentives to invest and
tried to work to bring Republicans and single Republican vote—this despite
bring jobs here to this country. That
Democrats together on issues. I think some of us having an alternative,
would all be changed under these tax
that is the best thing for our country. which we actually presented to the
increases that are being proposed to
I think you get, actually, better legis- White House. The next day, we were
pay for this big, new Biden infrastruc-
lation if you have input from both told: Thank you, but we are going to
ture package.
sides, and I think you also have more take the reconciliation approach, and
Making us less competitive in global
sustainable legislation. we don’t need any Republican input.
That is too bad because the COVID–19 markets and putting American workers
If you don’t work in a bipartisan at a disadvantage again is not the right
way, what happens when there is a 50– issue, obviously, is one where there has
been not just bipartisanship but non- way to go. The American people don’t
50 Senate, as there is now, and where want that. The American people think
partisanship. Five times last year, we
the Vice President can supply the tie- we should be doing all we can to get
passed major COVID–19 legislative ini-
breaking vote, and if you do things on businesses back on their feet right now
tiatives with huge majorities. In one
the basis of reconciliation or getting so that people can get employment and
case, the biggest bill, the CARES pack-
rid of the filibuster, which is what the so we can ensure that the economy
age, passed with a 97-to-0 vote here. So
Democratic majority currently would continues to improve as we come out of
this is one where we had always been
like to do, you end up lurching back the coronavirus pandemic.
able to work together.
and forth, don’t you? So you pass Unfortunately, the Biden administra- Infrastructure, again, has always
Democratic legislation and then, when tion chose the partisan path. Right been so bipartisan. Why would, in this
Republicans take over, Republican leg- now, the Biden administration is re- case, we want to take it down the par-
islation. peating this same mistake, as far as I tisan road?
We should be focusing on American can tell, because they have introduced Past Presidents, by the way, have
legislation. In my office, we have had their $2.3 trillion infrastructure pack- shown that they can get big things
some success with this bipartisan ap- age without consulting, again, any Re- done early in their administration. So
proach. Sixty-eight of my bills were publicans. during this first hundred days, there
signed into law by President Obama, We now hear that the White House was an opportunity to reach out. I hope
and 82 of my bills were signed into law and some Democratic leaders may in the second hundred days, it will be
by President Trump—on important want to pass this latest partisan pro- different.
issues like the eviction crisis, job cre- posal by reconciliation as well. I hope Let me give a couple of examples.
ation, and natural resource protection. that is not true because, again, this is When President Bill Clinton got elect-
So it can be done, and President Biden an area—infrastructure—where we ed, he worked with Republicans and
knows that. He served here in the Sen- have been able to work together on a Democrats to pass what was called the
ate. In fact, he took pride in coming to- bipartisan basis and get things done. In North American Free Trade Agree-
gether with Republicans and Demo- fact, typically that is how it happens ment. He got a lot of support from the
crats to actually have agreements on with infrastructure. Republican side of the aisle—in fact,
some of these tough issues. Last Congress, we passed a bill out of even more than he got from the Demo-
Although I didn’t vote for him be- committee on highways and bridges cratic side of the aisle—and he pushed
cause I thought that President Trump with a unanimous vote—not just a ma- that through. Ronald Reagan’s eco-
had better policy ideas, coming into jority vote, a unanimous vote—by Re- nomic reforms of 1981 passed the Sen-
this new administration, I was hopeful publicans and Democrats. But the pro- ate with an overwhelming margin of 89
that President Biden would govern as to 11.
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posal they put forward, first, is not
he had campaigned. He promised, you really about infrastructure because it Last night, C–SPAN allowed us to
remember, in his campaign to reach dramatically expands the definition of look back in history at some of the
out to Republicans and Democrats ‘‘infrastructure’’ so that it is not at all speeches Presidents gave after their
alike. He talked about the need for what traditionally you would think or first hundred days. One was Ronald
unity. In fact, he gave that same I would think of as the kind of hard as- Reagan’s speech to the joint session
speech in the primary and in the gen- sets—roads, bridges, ports, airports, that I saw last night. It was amazing.
eral election, which I thought took transit, even broadband. Republicans and Democrats alike were
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S2274 CONGRESSIONAL RECORD — SENATE April 28, 2021
standing because President Reagan increasing taxes on U.S. multinational We also support investing in energy
said: ‘‘I want to work with all of you.’’ corporations, reducing the competi- infrastructure, including enhancing the
And he showed he would work with all tiveness of American businesses, and 45Q tax credit to accelerate the deploy-
of them by passing those economic re- driving U.S. jobs and profits to other ment of carbon capture and sequestra-
forms in 1981. countries. The 2017 tax bill brought the tion technology, as well as pipelines to
We should all want the Biden admin- United States into a territorial tax provide the safe and efficient transpor-
istration to succeed in putting in place system for the taxation of multi- tation of our natural resources.
bipartisan policies that help our con- national companies. It has worked. We should be working together for
stituents and help our country, but From 1985 to 2017, 85 U.S.-based multi- the American people to enact policies
that can only happen if they agree to national corporations took advantage that will improve our national infra-
reverse course and engage with Repub- of corporate inversions, resulting in a structure. To this end, I want to high-
licans in a genuine way. That is clearly $19.5 billion tax revenue loss to the light a number of bipartisan proposals
what the American people want. In a U.S. Government. Since the 2017 Tax that I have been working on with my
recent poll, a Washington Post and Cuts and Jobs Act, there have been no colleagues across the aisle.
ABC poll, 60 percent of respondents, in- corporate inversions. The Biden plan I have introduced bipartisan legisla-
cluding two-thirds of Independents, would abandon this successful ap- tion with Senator SMITH, Senator CAP-
said they wanted the Biden administra- proach. ITO, Senator WHITEHOUSE, and others to
tion to work with Republicans to make Further, the administration has pro- enhance the 45Q tax credit for carbon
these proposals bipartisan—twice the posed a $35 billion tax increase on U.S. capture and sequestration.
number that wanted him to pursue the energy producers, endangering U.S. en- Also, Senator SMITH and I have legis-
partisan path chosen so far. ergy independence, costing U.S. jobs, lation that would empower rural elec-
I suggest to my constituents in Ohio and empowering foreign energy produc- tric and telecom cooperatives to refi-
and all Americans who will be listening tion. A recent study from the National nance existing debt, reinvest in im-
tonight: Don’t just listen to the rhet- Association of Manufacturers shows proved energy efficiency, and expand
oric; look at the action because the that nearly 1 million jobs would be lost broadband delivery to more of their
rhetoric thus far has not been matched in the first 2 years alone if this tax in- rural customers.
crease goes through. Likewise, Senate Finance Committee
by actions.
Tonight we expect to hear from Chairman WYDEN and I have introduced
We were promised bipartisanship as a
President Biden on additional pro- a bill that would encourage private in-
path toward unity. For the sake of our
posals to increase taxes on American vestment in infrastructure by expand-
country, it is time to keep that prom-
workers as well as increase our debt ing private activity bonds and creating
ise.
and deficit. For instance, we have seen a new infrastructure tax credit.
I yield the floor. Additionally, I have introduced legis-
The PRESIDING OFFICER. The Sen- reports today that the President is
going to seek to repeal stepped-up lation with Senator BENNET that en-
ator from North Dakota.
basis. Now, while the administration sures that our farmers, ranchers, and
Mr. HOEVEN. Madam President, I
indicates there may be some excep- producers have the regulatory flexi-
rise today to talk about how Congress
tions, repealing stepped-up basis would bility needed to safely and efficiently
can work together in a bipartisan way
place a significant and complex tax move their products—livestock, in par-
to pass infrastructure legislation, fol-
burden on small businesses and par- ticular—to market while ensuring the
lowing my colleagues from Ohio, from safety of all road users.
Wyoming, from Iowa—and my col- ticularly family farms and ranches, not
only in my State of North Dakota but We don’t need to burden hard-work-
league from North Carolina is here as ing Americans with increased taxes in
across the country.
well—with a real desire to come up order to pay for this. There are a num-
Right now, the average age of our
with an infrastructure package, but we farmers in America is about 60 years ber of potential options to provide the
want it to be bipartisan. old, and we need to get the next gen- necessary revenue for a targeted infra-
Republicans and Democrats agree structure package. For example, we
eration into farming, but they can’t do
that investing in our national infra- can make modest changes to our user-
it if they have to sell the farm to pay
structure is necessary to increase eco- the tax. fee-based highway trust fund system,
nomic growth, ensure global competi- A repeal of stepped-up basis would in- ensuring that electric vehicles pay into
tiveness of American businesses, and crease the cost of capital, discourage the fund. We can repurpose unused Fed-
create new, high-paying jobs. In fact, investment, reduce the wages of work- eral spending, including using funds
just last Congress, the Senate Environ- ers, and stunt economic growth in both from the recent American Rescue Plan
ment and Public Works Committee the immediate and long term. A recent Act. We could also use revenue gen-
unanimously approved a 5-year surface analysis from Ernst & Young shows erated from energy production on Fed-
transportation reauthorization bill, that eliminating stepped-up basis will eral lands. These are just a few of the
which included about $300 billion for result in the loss of 80,000 jobs a year ideas we put forward.
roads and bridges. That actually rep- for the next 10 years and a loss of near- Last week, Ranking Member CAPITO
resents a 27-percent increase over the ly $10 billion in GDP growth per year. of the Environment and Public Works
FAST Act. We really feel that bill, While we continue to emerge from Committee, along with the ranking
with its bipartisan support, creates a the COVID–19 pandemic, we should not members of the Banking, Commerce,
starting point—a starting point on a be constraining economic growth by in- Energy, and Finance Committees, un-
bipartisan basis—for the negotiations creasing taxes and regulation. Instead, veiled the framework of an almost $600
that we should have in developing the we should maintain the pro-growth, billion infrastructure package, which
infrastructure package. low-tax regime put in place in 2017 by focuses investment in traditional infra-
Tonight we expect the President will the Tax Cuts and Jobs Act and make structure.
outline his American Jobs Plan, but targeted investments in traditional in- We should use this framework and
unfortunately it is not focused on in- frastructure, while reducing regulatory begin working through regular order in
frastructure. It is a massive, $2.25 tril- barriers to provide long-term certainty a committee-driven process to produce
lion tax-and-spend bill that dedicates to Americans. a bipartisan, targeted infrastructure
less than one-third, just over $600 bil- Last week, I met with President bill that does not increase taxes on
lion, toward actual traditional infra- Biden at the White House to share this American workers. That way, we truly
SSpencer on DSK126QN23PROD with SENATE
structure. very message—that Republicans stand upgrade our infrastructure, create jobs,
The administration’s plan would in- ready to work with the administration and keep our economy growing.
crease the corporate tax from 21 per- and our Democrat colleagues on the in- That is the right approach. We need
cent to 28 percent, resulting in reduced frastructure package, in a bipartisan to work in a bipartisan manner to get
wages, increased costs for consumers, and targeted manner, focusing on up- it done.
and a reduction in economic growth. dating our roads, bridges, railways, air- And with that, I yield the floor.
The Biden plan would revert the U.S. ports, broadband, and other traditional The PRESIDING OFFICER. The Sen-
tax system to a worldwide tax system, infrastructure. ator from North Carolina.
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April 28, 2021 CONGRESSIONAL RECORD — SENATE S2275
Mr. TILLIS. Madam President, I heard the report of a 9-year-old. That same political courage that Senator
want to thank my colleagues from doesn’t even count the number of peo- Biden did two decades earlier—the kind
North Dakota, Ohio, Wyoming, and ple who died along the way. of courage that we are seeing today
Iowa, who have spoken before me, and It also doesn’t count the 300 or 400 demonstrated by Senator MANCHIN and
my colleague from Kansas, after me. people who are called the ‘‘got- Senator SINEMA. Instead, the President
I think Senator PORTMAN ended his aways’’—not the thousands who are has entertained the far left’s push to
statement by saying that we have coming in and going to the border eliminate the filibuster and destroy
heard the rhetoric, but we haven’t seen agents but the hundreds every night this institution, to end bipartisanship
the actions. Well, in North Carolina, who are crossing. They are bad actors. and compromise—they really are no
our State motto, in Latin, is ‘‘Esse Many of them are gang members or longer a necessity—so that any piece of
quam videri.’’ It means: To be, rather they are smuggling drugs or are human fringe legislation can pass with a sim-
than to seem. traffickers, who are evading arrest. It ple majority.
I think our State motto does a good is creating a dangerous situation. It is The President, a 30-plus year de-
job of summarizing the first 100 days of a catastrophe. The President hasn’t fender of the filibuster, should know
the Biden administration. As a Presi- spoken on it. To my knowledge, the better than anyone. He knows that the
dential candidate, Joe Biden made it Vice President has never gone down left is demanding a Faustian bargain—
seem that he would govern as a mod- there to get a bird’s eye view. trading 2 years for the far left to have
erate, pragmatic deal maker, and he The President has embraced the free reign in exchange for permanent
set the bar high in his inaugural ad- Green New Deal policies, like canceling destabilization of our Republic,
dress. He said: the Keystone Pipeline. That one stroke emboldening future demagogues on
My whole soul is in this: bringing America of a pen ended thousands of labor union both ends of the spectrum.
together, uniting our people, [and] uniting jobs, good-paying jobs. But even more Our country doesn’t need more par-
our nation. I ask every American to join me heartbreaking are the communities tisan pandering or political
in this cause. that would have benefited from all of brinksmanship from this administra-
I was actually inspired by that state- that commerce occurring in some of tion or from either party. That is why
ment, and I am one of the Americans the most rural areas and most eco- I stood against nuking the filibuster
who was willing to work for him on nomically challenged areas in our about 3 years ago, and I will as long as
that cause. In fact, I was 1 of the 10 Re- country. I am a U.S. Senator.
publicans who had the first official They rammed through an entirely There are plenty of Republicans like
meeting with the President to see if we partisan $2 trillion spending package. me who are willing to work with Presi-
could come to common ground on the They called it COVID relief. But only dent Biden and even put some of our
COVID relief package, after having about 9 percent of it actually had any- supporters out of their comfort zone
successfully passed five bipartisan thing to do with continuing to recover for the good of this Nation.
COVID relief packages in the last Con- from the damage that COVID has In fact, when I was sworn in, I said I
gress. caused this country. would work to find common ground in
Unfortunately, the President’s ac- I am sure the President will talk areas where we may agree, and I would
tions have not corresponded with his about it tonight, a $2.3 trillion—air vigorously oppose policies where we do
promises to date. Instead of leading on quotes—infrastructure bill that isn’t not. Unfortunately, to this point, I
his instincts to bring America to- actually an infrastructure bill. In fact, have only had the opportunity to do
gether, President Biden has followed they have been a little bit more intel- the latter.
his advisers’ recommendations to go it lectually honest. Now they are calling The willingness to negotiate has only
alone. He has pushed a highly partisan, it human infrastructure. been a one-way street on the part of
ideologically driven agenda. I think most Americans, when you Republicans. I went to the White House
And you don’t need to take my word think about infrastructure, you think to try to find common ground on an-
for it. New York Representative ALEX- about roads, you think about bridges, other bipartisan COVID package, but it
ANDRIA OCASIO-CORTEZ recently de- you think about broadband. You don’t is ultimately up to the President
clared that President Biden has exceed- think about human infrastructure. But whether he leads on bipartisanship in-
ed the expectations of progressives. that is what is being pitched today, stincts or follows his advisers who are
Indeed, there has been a lot in and it is being pitched on a partisan pushing him to keep governing from
Biden’s agenda for the left to like. It is basis, without even attempting to get a the left.
an agenda designed to pass with no single Republican vote. Quite frankly, it doesn’t matter what
need for moderation and not a single Americans did not elect President the President says about bipartisan-
Republican vote—no consensus whatso- Biden to enact any of these partisan ship and uniting the country; it is what
ever—proposing tax hikes on American policies. They trusted him to come in he does. And, tonight, I hope we will
families and businesses at a time that and make deals—to settle for some- see it for the good of our great Nation.
they are trying to rebound from the thing less than 100 percent but some- The PRESIDING OFFICER. The Sen-
pandemic. thing that was going to be embraced by ator from Kansas.
Ladies and gentlemen, we are in the more of the American people versus BIDEN ADMINISTRATION
middle of a national emergency. We are half, which is about where the Presi- Mr. MARSHALL. Madam President,
in the middle of a pandemic. We have dent is today. on January 20, President Joe Biden
spent and appropriated billions of dol- And he has pursued this for 100 days. gave his inaugural address to the
lars to healthcare, to businesses to re- I hope he changes his mind, but here is American people, saying that in order
cover. And now, long before the na- one reason why I am not optimistic. to overcome the challenges we face as
tional emergency has been declared His most audacious action, in my opin- a nation and ‘‘to restore the soul and
done, we are talking about taking ion, is placating the far left and enter- [to] secure the future of America re-
those same dollars away. taining the idea of nuking the Senate quires more than words; it requires
Offering mixed messaging and failed legislative filibuster. In this very that most elusive of things in a democ-
policies that have caused a humani- Chamber, 21 years ago, then-Senator racy: unity. Unity.’’
tarian and security crisis at the south- Biden declared that defending the fili- I end the quote.
ern border is another issue. When I buster was about defending com- And he says for a second time:
went down to the border about a month promise and moderation. The promises ‘‘Unity.’’ In fact, he mentioned the
SSpencer on DSK126QN23PROD with SENATE
ago, the Press Secretary said: It is not he made on the campaign trail, the word ‘‘unity’’ nine separate times
a crisis; it is a situation. Now, a month promise he made on the day of his in- throughout his inaugural remarks. Un-
later, the Press Secretary and the ad- auguration—he noted that his speech fortunately, that ‘‘unity’’ President
ministration say it is a crisis, but now was one of the most important he Biden preached about is nowhere to be
it is a catastrophe. would ever give as a Senator, defending found.
I saw a dead body floating in the Rio the filibuster. It is a shame that Presi- One hundred days in office, and there
Grande River. Other people died. We dent Biden isn’t demonstrating the has been zero bipartisanship from the
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