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Congressional Record, Senate — August 8, 2021, S6034

Summary

This is S6034 of the Congressional Record, Senate, August 8, 2021, with interleaved columns. The page begins with the end of remarks by a Senator about tax policy and the infrastructure bill, and morning business is closed. The Senate resumes consideration of H.R. 3684, the highway bill, with Schumer for Sinema amendment No. 2137, the Carper and Capito amendment No. 2131, and Carper amendment No. 2633 pending. Under the heading Immigration, Mr. Carper discusses workforce training, comprehensive immigration reform, and his experience as Governor building a highway, with the views attributed to the speakers.

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“Congressional Record, Senate — August 8, 2021, S6034.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-08-crec-2021-08-08-pt1-pgs6034-2-bfe8e816ab/, SHA-256 98c7bede9c9640a29bddf0681e36bd0cc802342ea67ff3a3806893af5afd3c7d.

Full text

                                             S6034                                             CONGRESSIONAL RECORD — SENATE                                                         August 8, 2021
                                             why that is. Giving tax breaks to the                        CONCLUSION OF MORNING                              keys to economic growth, whether it is
                                             wealthy might make for a happy                                       BUSINESS                                   my State or the State of New Mexico,
                                             Christmas at Mar-a-Lago but not for                       The ACTING PRESIDENT pro tem-                         where the Presiding Officer is from,
                                             the rest of the country.                                pore. Morning business is closed.                       one of the keys is the workforce, hav-
                                               The real test is not whether we put                                                                           ing people who are either already
                                                                                                                        f
                                             votes on the board—and that is the bot-                                                                         trained or trainable and able and will-
                                                                                                               LEGISLATIVE SESSION                           ing to do the work that needs to be
                                             tom line in the Senate—but whether
                                                                                                                                                             done.
                                             the center will hold, whether or not we                                        ---
                                                                                                                                                               We have a little bit of a mismatch
                                             have a strong enough center in the                      INVESTING IN A NEW VISION FOR                           right now in our economy with respect
                                             Senate dedicated to responsible invest-                   THE ENVIRONMENT AND SUR-                              to the skills that a lot of folks who are
                                             ment and infrastructure and can over-                     FACE       TRANSPORTATION           IN                without jobs would like to be having;
                                             come the forces outside.                                  AMERICA ACT—Resumed                                   they would like to have a job or maybe
                                               Former President Trump has been                         The ACTING PRESIDENT pro tem-                         a better job. There is a mismatch in
                                             making all these speeches about how                     pore. Under the previous order, the                     what employers are looking for and
                                             bad it is to have an infrastructure pro-                Senate will resume consideration of                     what a lot of workers bring to the
                                             gram. Well, I would just like to remind                 H.R. 3684, which the clerk will report.                 workplace. A big part of what we have
                                             the former President: He had no infra-                    The senior assistant legislative clerk                done in these legislative packages—I
                                             structure program. Talked big. Deliv-                   read as follows:                                        call them cares packages—in the last
                                             ered nothing. Now, we have a chance                       A bill (H.R. 3684) to authorize funds for             year or 2 is to provide money for work-
                                             under President Biden to have one that                  Federal-aid highways, highway safety pro-               force development and redevelopment
                                             is bipartisan in nature and truly will                  grams, and transit programs, and for other              to better equip people with the tools
                                             help this economy and this country                      purposes.                                               that they need.
                                             over the long run.                                           Pending:                                                             H.R. 3684

                                               In addition, I believe that we have to                  Schumer (for Sinema) Amendment No.                      Mr. President, the reason why I men-
                                             move further—and we certainly will                      2137, in the nature of a substitute.                    tion these things—comprehensive im-
                                             with the budget resolution—in invest-                     Carper/Capito Amendment No. 2131 (to                  migration reform, workforce training,
                                                                                                     Amendment No. 2137), to strike a definition.            retraining—is those are important in-
                                             ing in America. The notion of having                      Carper Amendment No. 2633, to change the              gredients to get our economy and to
                                             childcare—quality childcare—available                   enactment date.                                         keep our economy moving. Our econ-
                                             and affordable to families is something
                                                                                                       The ACTING PRESIDENT pro tem-                         omy is moving in the right direction
                                             that, unless you are a grandparent or a
                                                                                                     pore. The Senator from Delaware.                        now, but we have to keep it going.
                                             parent and know the reality, you may                                                                              When I was privileged to be Governor
                                                                                                                         IMMIGRATION
                                             overlook and shouldn’t. It is a critical                                                                        of the First State, we built a highway.
                                             factor in family welfare and good out-                    Mr. CARPER. Mr. President, we just
                                                                                                     heard from the senior Senator from Il-                  I took the handoff from Republican
                                             comes for children.                                                                                             Governor Mike Castle, and we built a
                                                                                                     linois. I remember when he was a jun-
                                               In addition, 2 extra years of edu-                    ior Congressman from Illinois, elected                  highway all the way from I–95, in the
                                             cation beyond the 12th grade, provided                  in 1982, along with about 80 other                      northern part of our State, down past
                                             by our quality community colleges                       Democrats and Republicans from all                      Dover, past the Dover Air Force Base,
                                             across America, is the ticket for better                over the country. One of them was me.                   all the way to our beaches. Dover has,
                                             jobs and better training and better                     One of them was me. And he has been                     I think, more five-star beaches than
                                             workers in the 21st century.                            a colleague off and on. I left the House                any State in America, I am told, and it
                                               As we stand here, our major chal-                     to become the Governor of Delaware,                     is a significant part of our economy,
                                             lenge, I suppose—our nemesis, foe—is                    and he came over to the U.S. Senate,                    our tourist economy. And, just as tour-
                                             China. Some of us can remember some-                    and now, we get to work together                        ism is an important component, I
                                             thing called ping-pong diplomacy,                       again.                                                  think, in the economies of most of
                                             which occurred roughly when I came                        He is a smart guy, a very bright guy,                 ours, we found that, for folks to be able
                                             out of college. That was opening up                     and a very caring person and very good                  to get to our beaches, they needed to
                                             what we called ‘‘Red China’’ then to                    at not just working with Democrats                      have roads, highways, and bridges.
                                                                                                                                                               We built State Route 1—a limited
                                             the world and giving them an oppor-                     but working across the aisle. I admired
                                                                                                                                                             highway—from one end of the State al-
                                             tunity to compete and to be part of the                 that about him in the House, and I ad-
                                                                                                                                                             most to the other. We took I–495, which
                                             world conversation, and it happened                     mire that about him in the Senate.
                                                                                                                                                             basically circles the city of Wil-
                                             dramatically.                                             He is passionate about a lot of
                                                                                                                                                             mington, and essentially shut it down
                                               I remember visiting China several                     things, but one of those is an impor-
                                                                                                                                                             and resurfaced it. We resurfaced I–95
                                             times and the first time, watching                      tant one, immigration reform. And im-
                                                                                                                                                             from Wilmington all the way up to the
                                             them in their Mao jackets on their bi-                  migration reform may seem like it is                    Pennsylvania line.
                                             cycles, taking their kids to school.                    far afield from what we are talking                       We did a lot of things that were de-
                                             What I found in later visits was a real-                about here today, but for the 8 years I                 signed not just to help the people of
                                             ly developed economy. The Chinese                       was privileged to be the Governor of                    Delaware get where they needed to go,
                                             have a plan. They are mercantilists                     Delaware, it was a good economy—Bill                    wanted to go, and move products, but
                                             first, and they are marketing around                    Clinton was the President—and it was                    also to help interstate commerce, and
                                             the world successfully—successfully—                    a good economy for the country. More                    that is a key ingredient for those seri-
                                             because they have a plan. We don’t                      jobs were created in Delaware in those                  ous about growing the economy of our
                                             have a plan, not until this President                   8 years than in any 8 years in Dela-                    country. We have got to invest in our
                                             arrived.                                                ware’s history. As Governor, I didn’t                   roads, highways, bridges, and in our
                                                                                                     create one of them, but we did see a lot                rail.
                                               President Joe Biden has started this                  of job creation and economic growth,                      As it turns out, I came down here
                                             plan by saying: First, we invest in our                 and I was the beneficiary of that, as                   today on a train, as I do many days.
                                             people and make certain that their                      were other people in my State and                       God willing, I will go home tonight on
                                             lives are easier and successful. I sup-                 around the country.                                     a train. It is an Amtrak train.
                                             port him completely in that effort. I                     One of the reasons why I believe that                   Interestingly enough, if you were to
                                             hope many will. It should be bipar-                     comprehensive immigration reform is                     take a ton of freight and move it from,




ctelli on DSK11ZRN23PROD with SENATE
                                             tisan. If we have sympathy for the                      something we should have done and                       we will say, Washington, DC, to Bos-
                                             wealthiest in our country, I beg my Re-                 ought to do is not just because we are                  ton, you can do it on about a gallon of
                                             publican friends: Have some sympathy                    reminded on Sunday afternoon of Mat-                    diesel fuel. Think about that—a ton of
                                             for the middle-income families, who                     thew 25—when I was a stranger in your                   freight from Washington, DC, to Bos-
                                             are struggling every day to get by.                     land, you welcomed me—but also, it                      ton, MA, on about a gallon of diesel
                                               I yield the floor.                                    makes good business sense. One of the                   fuel.



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                 S6035
                                                You can move a lot of people on Am-                    What the President did is he signed                    But one of the most encouraging in-
                                             trak. In the Northeast corridor, they                   an Executive order that said basically,                vestments in clean energy is with re-
                                             travel on electricity. Out of the cor-                  why don’t we—just like this legislation                spect to hydrogen. I remember going to
                                             ridor, they use different fuels to move                 before us builds on a foundation of leg-               the Detroit auto—Delaware used to
                                             their locomotives.                                      islation that was reported out of the                  build more cars, trucks, and vans per
                                                But one of the beauties about the leg-               Environment and Public Works Com-                      capita than any other State. We are
                                             islation that we have been debating                     mittee on drinking water, wastewater                   not a big State. We have about a mil-
                                             here for the last week or two is that                   sanitation investments, and also legis-                lion people. But we had, as recently as,
                                             actually, in terms of getting our econ-                 lation reported out of the Environment                 gosh, 10 years ago about 3,000 or 4,000
                                             omy moving, keeping our economy                         and Public Works Committee that Sen-                   men and women working at a Chrysler
                                             moving, we provide significant invest-                  ator CAPITO and I have the privilege of                plant near Newark, where the Univer-
                                             ments in passenger rail service. We                     leading that focuses on roads, high-                   sity of Delaware is located, and a GM
                                             also provide significant investments in                 ways, bridges, and the climate. But the                plant near Wilmington, and it also had
                                             roads, highways, and bridges. We pro-                   press conference was designed to really                about 3,000 employees. When we went
                                             vide significant investments in rail to                 complement what we are doing here                      into the great recession a decade or so
                                             be used by freight, and we make sig-                    today. The Presiding Officer was there,                ago, both companies went into bank-
                                             nificant investments in our ports.                      along with others, as I recall.                        ruptcy. We lost both of those plants.
                                                A lot of people are going to be in-                    But the President, in concert with                     The question is, What do we do about
                                             volved, as the Presiding Officer knows,                 the auto industry, has basically come                  it? How do we recapture those jobs—
                                             in doing all the work involving the dif-                to an agreement that, just like our leg-               really good jobs, union jobs, high-wage
                                             ferent kinds of investments I just men-                 islation on the floor today and for the                jobs, high-skill jobs? How do we recap-
                                             tioned. Those are good jobs. Many of                    last week, was built on the work of sev-               ture those jobs? One of the ways that
                                             them are union jobs. They all pay the                   eral committees, including the Com-                    we can do it is providing an infrastruc-
                                             prevailing wage and provide a lot of in-                merce Committee, rail safety; includ-                  ture that supports energy-efficient ve-
                                             come for communities and for the folks                  ing the Energy and Natural Resources                   hicles, electric vehicles, and hydrogen-
                                             who do that work.                                       Committee, energy—nuclear energy. It                   powered vehicles.
                                                The other thing, at the end of the                   is built on the work of the Banking                      I remember being at the Detroit auto
                                             day, when work is more or less com-                                                                            show 10 years ago. It was the first time
                                                                                                     Committee with respect to investments
                                             pleted—we have made a lot of progress                                                                          I met Mary Barra, who was a rising
                                                                                                     in transit and built on the work of our
                                             on roads, highways, and bridges, on                                                                            star at General Motors, later to be-
                                                                                                     committee too.
                                             broadband deployment, on our ports                        The President’s Executive order was                  come the first woman CEO, and DEBBIE
                                             and our rail and our airports—at the                    based on an agreement between really                   STABENOW, Senator STABENOW, was
                                             end of the day, we will have created a                  five auto companies from about a year                  nice enough to introduce me to Mary
                                             ton of jobs, and we are going to leave                                                                         Barra that day.
                                                                                                     ago in the State of California, the Cali-
                                             in place an economy that is more effi-                                                                           I also remember that that day, I
                                                                                                     fornia Resources Board, to gradually
                                             cient and more productive at the same                                                                          think it was the Chevrolet Volt was
                                                                                                     step up over a period of years, from
                                             time and will enable us to grow our                                                                            named the Car of the Year, and the
                                                                                                     2022 to 2026, the requirements for re-
                                             economy.                                                                                                       Chevrolet Volt had its—you know, it
                                                One of the things that I most enjoyed                quired reductions by mobile sources,
                                                                                                     reductions in greenhouse gases, with                   runs on battery, and at the time, it got
                                             in the last campaign was hearing Joe
                                                                                                     the idea that after 2026, we will expe-                about 38 miles on a charge, and then
                                             Biden talk about climate change or
                                                                                                     dite and increase the amount of reduc-                 when the electricity went away, it was
                                             global warming. He said that when he
                                                                                                     tion that will be expected in green-                   all used up, the battery could run on
                                             heard the words ‘‘climate change’’ or
                                                                                                     house gases from our mobile source.                    gasoline. It was a classic hybrid. But
                                             ‘‘global warming,’’ the word that came
                                                                                                       In any event, it is going to be hard                 that was 38 miles to a charge. Ten
                                             to mind for him was ‘‘jobs.’’ ‘‘Jobs.’’
                                                I like to say it is possible to do good              for the auto industry, which was rep-                  years later, my family and I just
                                             and do well at the same time. It is pos-                resented at that press conference. It is               bought an electric-powered vehicle,
                                             sible to build a more efficient, more                   going to be hard for them to meet the                  and it gets 326 miles on a charge—326
                                             productive economy and a cleaner                        kind of goals that are laid out in the                 miles on a charge. You think about 38
                                             economy, but it puts people to work as                  President’s Executive order unless we                  miles on a charge a decade ago to 326
                                             we do that, and then they will continue                 make investments not just in roads,                    miles on a charge today, that is one
                                             to work in the years to follow.                         highways, and bridges but also in                      heck of an improvement, an increase. If
                                                At the end of all those investments                  charging stations and fueling stations.                we want to lead the—and that is where
                                             and all that work, we will end up with                    As the Presiding Officer knows, there                people are going to go.
                                             far fewer emissions from our cars,                      are investments in our committee’s                       I drove to the train station this
                                             trucks, and vans. God willing, we will                  bill and in this bill that is before us                morning. It is just a fun car to drive. It
                                             end up with a lot fewer emissions from                  today that make significant invest-                    has great torque, and it is just a fun
                                             our stationary emitters of greenhouse                   ments in charging stations and fueling                 car, a great looking car. When you
                                             gasses.                                                 stations. When we say ‘‘fueling sta-                   drive it, you have the joy of knowing
                                                The second major source of emissions                 tions,’’ I am not talking about nec-                   that you are not polluting our planet.
                                             in our country is powerplants, and the                  essarily gasoline and diesel; I actually               If we can provide the electricity in sus-
                                             third greatest source of emissions in                   am thinking of hydrogen.                               tainable ways, renewable ways—off-
                                             our country is from manufacturing op-                     In the Finance Committee piece—it                    shore wind, for example, solar—that is
                                             erations—cement plants for example.                     will probably be in the reconciliation                 even better. It is even better.
                                             Those are the three top ones. The legis-                package that we take up—there is leg-                    So we are at a point right now where
                                             lation that is before us enables us to—                 islation that provides tax incentives to               I think about 3 percent of the vehicles
                                             we will make greater progress with re-                  really build a much more efficient and                 on the road in this country are powered
                                             spect to those three sources of carbon                  clean economy in a variety of ways.                    by electricity or hydrogen or some
                                             pollution than just about anything I                      Our Presiding Officer has worked a                   other sustainable source—3 percent.
                                             can think of.                                           lot on methane, to reduce methane                      That is up from about 1 percent just a
                                                The President hosted a press con-                    emissions, and to provide maybe an                     couple years ago. That may seem
                                             ference the other day at the White                      economic structure where leakage of                    small, but when you look at the mar-
                                             House. He invited several of our col-                   methane, which is a potent greenhouse                  ket capitalization of Tesla and com-




ctelli on DSK11ZRN23PROD with SENATE
                                             leagues to join him and participate. He                 gas—we want to reduce that—but to                      pare it to, I think, any of the big three,
                                             also invited the auto industry, auto big                develop an economic model that re-                     the market capitalization of Tesla is
                                             three, to come and the other auto com-                  wards companies, refineries, and others                enormous compared to the other com-
                                             panies as well. There were folks there                  to reduce their methane emissions and                  panies from which I bought our fam-
                                             from the environmental community. It                    figure out how to reinvest that money                  ily’s cars for decades, and they are get-
                                             was a great celebration.                                and ways to create clean energy.                       ting into the race.



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                                             S6036                                             CONGRESSIONAL RECORD — SENATE                                                      August 8, 2021
                                               You know, renewable energy, electric                  world; in order for us to create the                   here in our Nation’s Capital, and that
                                             vehicles, hydrogen-powered vehicles                     kinds of good-paying jobs that will flow               is what the people who sent us here
                                             have a little bit of catching up to do,                 from that economic activity; in order                  want us to do. Fortunately, we now
                                             but the market signal here that we are                  to get reduction in not just carbon di-                have a President and even a majority
                                             getting from Tesla’s market capitaliza-                 oxide and greenhouse gases but in                      of Members of Congress who under-
                                             tion is the market says EVs—hydro-                      other pollutants, the way to do that is                stand that we can no longer wait for
                                             gen-powered fuel cells—that is where                    to invest, and it is not all on the Fed-               climate action. We need to take that
                                             the market is going. It sends a very                    eral Government.                                       action, take those steps.
                                             strong signal for investment purposes,                    We provide R&D for technology                          On President Biden’s first day in of-
                                             and that is where we are going. We in                   through a variety of ways, but the idea                fice, he put the United States back in
                                             this country can choose to follow the                   is for us to make those investments in                 the Paris climate agreement. Soon
                                             parade, or we are going to lead the pa-                 ways that can be monetized, if you                     after, President Biden told the world
                                             rade, and we can follow the parade led                  will, by businesses, by industry to cre-               we would put this country on a path to
                                             by the Chinese and Japanese and oth-                    ate good-paying jobs and do good and                   reduce over half of our climate emis-
                                             ers toward this new future or not.                      do well at the same time, create eco-                  sions by the end of the current decade.
                                               I want to go back to the Detroit auto                 nomic value, create good-paying jobs,                    The President then laid out a road-
                                             show. I was there a couple of years                     and help us meet our targets to reduce                 map through the American Jobs Plan
                                             after the Chevrolet Volt was named the                  greenhouse gases in this country by a                  on how he would reduce emissions, re-
                                             Car of the Year, and I was walking                      great deal by the year 2050. That is the               place our crumbling infrastructure,
                                             around the place, a huge place, and I                   goal of the current administration. It                 and grow our economy all at the same
                                             was walking around, and I came across                   is the goal of a lot of us here in this                time.
                                             a—they call it a stand, and at the auto                 body and across the country.                             The bill before us today does not
                                             show—it is not really a stand, but they                   I hadn’t really thought about giving                 fully realize that transformative vi-
                                             have these platforms for vehicles, you                  a talk, but it was just playing off of                 sion, as some of us had hoped. In many
                                             know, maybe 2 or 3 feet up. They have                   what Senator DURBIN was talking                        areas, it falls short of the investments
                                             platforms that they have for different                  about, and I wanted to share that with                 we need to reach our climate goals. But
                                             models. Sometimes they are models                       everybody today.                                       this bill does make significant and in
                                                                                                       I love to quote Albert Einstein. A lot               some cases historic investments in sus-
                                             that are just being launched; some-
                                                                                                     of people remember Albert Einstein                     tainable infrastructure and a cleaner
                                             times they are models of the future,
                                                                                                     used to say: The definition of ‘‘insan-                economy.
                                             you know.
                                                                                                     ity’’ is to do the same thing over and                   As many of our colleagues know,
                                               One day I was at the Detroit auto
                                                                                                     over again and expect a different re-                  some of the most important climate in-
                                             show, about 5 years ago. I think it
                                                                                                     sult. That is a pretty good quote, but                 vestments we can make in the Federal
                                             might have been Toyota—I went by
                                                                                                     my favorite is, in adversity lies oppor-               Government are investments in clean
                                             their stand, and they had this—really
                                                                                                     tunity. In adversity lies opportunity. I               transportation. The transportation sec-
                                             different—they had built around the
                                                                                                     believe that with every fiber of my                    tor is the largest source, as I said ear-
                                             vehicle on the stand, and they had
                                                                                                     being.                                                 lier, of greenhouse gas emissions in our
                                             framing. It was like 2 by 4’s of what I                   We face plenty of adversity politi-
                                             was told was a garage. There was a car                                                                         economy. Roughly 28 percent comes
                                                                                                     cally here in this country today, with
                                             in the—you have to use your imagina-                                                                           from cars, trucks, and vans that we
                                                                                                     direct threats against our country
                                             tion, but there was a car in the garage,                                                                       drive. So reducing emissions from our
                                                                                                     from terrorism and threats against our
                                             and there was a house, part of a house,                                                                        mobile sources—our cars, trucks, and
                                                                                                     planet from too much carbon in the air
                                             attached to the garage.                                                                                        vans—is a critical part of reaching our
                                                                                                     and greenhouse gases. But it turns out,
                                               I asked the person from I believe                                                                            Nation’s climate goals.
                                                                                                     on almost every one of those fronts,
                                             Toyota—I said: What is this?                                                                                     In the Environment and Public
                                                                                                     there is opportunity to make a better
                                               They said: This is the future.                                                                               Works Committee, I am privileged to
                                                                                                     world and to make a better world by
                                               They had actually named their fu-                                                                            lead with Senator CAPITO of West Vir-
                                                                                                     providing a lot of jobs and a lot of eco-
                                             ture of—division of the company—I                                                                              ginia and our colleagues on both sides
                                                                                                     nomic opportunity.
                                             think it is called Mirai, something like                  With that being said, I don’t see any-               of the aisle. We worked together ear-
                                             that, which means ‘‘future.’’                           one waiting to speak, so I am going to                 lier this year to pass the surface trans-
                                               The idea there is to use fuel cells and               give my prepared remarks. I should be                  portation reauthorization that ad-
                                             hydrogen. They told that day—they                       finished by about sundown, or it may                   vances many of the climate goals in
                                             said that combination can help propel                   seem that way, but it won’t be. But                    President Biden’s American Jobs Plan.
                                             that vehicle that is in that make-be-                   these are too good not to enumerate.                     I might add that we have 20 members
                                             lieve garage. It can heat the house that                  It is good to see the Presiding Officer              of our committee—10 Democrats, 10 Re-
                                             is there alongside of it using—image,                   this morning—this afternoon. I rise to                 publicans—and we voted unanimously
                                             heat that house in the winter and cool                  talk about the downpayment that the                    to report the bill out of committee and
                                             that house in the summer.                               bill before us makes in terms of cli-                  to send it to the Senate floor, where it
                                               I said: Really?                                       mate by making investments in clean                    became part of this legislation that is
                                               They said: Yes. That is the future.                   vehicles and clean vehicle infrastruc-                 before us today.
                                               They were going to call it, I think,                  ture.                                                    Our bill includes a historic climate
                                             Mirai. And that is becoming real. That                    Long before I began representing                     title with over $18 billion in invest-
                                             is becoming real.                                       Delaware in the U.S. House of Rep-                     ments to reduce greenhouse gas emis-
                                               One of the pieces of legislation that a               resentatives and later as Governor and                 sions and make our roads more resil-
                                             bunch of us have worked on is how do                    as Senator, I was a naval flight officer               ient to a changing climate.
                                             we provide hydrogen in a clean way so                   in the Vietnam var. I am the last Viet-                  Within the surface transportation
                                             we don’t contribute to more green-                      nam veteran serving in the U.S. Senate                 climate title is significant funding in
                                             house gases. There is a process—I stud-                 today.                                                 support of a national network of clean
                                             ied economics, but I know relatively                      In the Navy, we had a lot of sayings,                vehicle recharging and refueling infra-
                                             little about chemistry, but there is a                  but the Navy has one saying that I                     structure throughout our Nation’s
                                             process called electrolysis where you                   think is most fitting for our fight                    highways and our State roads. This in-
                                             can use electricity and water and cre-                  against climate change, and it is this:                vestment is about giving Americans a
                                             ate oxygen and hydrogen and do it in a                  ‘‘All hands on deck.’’ ‘‘All hands on                  real choice when it comes to figuring




ctelli on DSK11ZRN23PROD with SENATE
                                             clean, sustainable way.                                 deck.’’ This is an all-hands-on-deck                   out what they want to drive and ensur-
                                               So those are some of the things that                  moment, and it requires us to move                     ing that every driver in America in
                                             are going on. The reason why I men-                     past divisive rhetoric and to work to-                 every region of our country can con-
                                             tion them is because, in order for us to                gether to find solutions.                              veniently access fueling and charging
                                             lead the parade on cars, trucks, and                      Today, we are showing that we can                    stations for electric or hydrogen-pow-
                                             vans, low-emission vehicles around the                  work together and make real progress                   ered vehicles.



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                 S6037
                                               Investments in clean vehicle infra-                   from the private sector. So we are                     air and a healthier climate and grow-
                                             structure is more important today                       using a little bit of Federal money—ac-                ing economy.
                                             than ever. Every CEO of our Nation’s                    tually quite a bit of Federal money to                   You know, the thing that we love
                                             car manufacturers tells us the same                     incent investment by the private sec-                  most of all about our electric vehicle is
                                             thing: The future of the auto industry                  tor.                                                   it is just fun to drive. It is, as we say
                                             is zero-emission vehicles. Let me say                      I was talking to some folks from a                  in Delaware, a hoot, and great torque,
                                             that again. The future of the auto in-                  company; I think it is a Tennessee-                    great acceleration, and a lot of fun to
                                             dustry in this country and around the                   based company. I don’t want to mess                    be out on the road. That more than
                                             world is zero-emission vehicles. The                    up their name. But they have truck-                    anything else will help sell it and pro-
                                             global market is rushing to zero-emis-                  stops throughout the country where                     vide the infrastructure that they need.
                                             sion vehicles, and our car companies                    larger trucks can fill up on diesel fuel.                With all the good work we did in our
                                             need to invest in electric vehicles or be               They sell gasoline, and they have food                 EPW Committee on the surface trans-
                                             left behind.                                            and that kind of thing. They are inter-                portation bill, it should be no surprise
                                               I mentioned Mary Barra earlier. I                     ested in investing in charging stations                that the EPW bill is part of the founda-
                                             met her at the Detroit auto show a                      and fueling stations, hydrogen fueling                 tion of the $1.2 trillion bipartisan deal
                                             number of years ago. I called her last                  stations, and what they need is an in-                 that is before us today. The bipartisan
                                             year and urged her and General Motors                   centive to do that. The legislation that               compromise before us expands invest-
                                             to join five car companies that had                     is before the Finance Committee pro-                   ments for charging and refueling infra-
                                             found common cause with the Cali-                       vides that kind of incentive, and I                    structure to a total of I think about
                                             fornia Air Resources Board and several                  think it will make a difference.                       $7.5 billion. The bill also includes fund-
                                             dozen other States in stepping down                        So the need for charging stations and               ing for electric schoolbuses and elec-
                                             and reducing greenhouse gas emissions                   fueling stations is not going to be just               tric transit buses.
                                             from vehicles in manufacture. I urged                   on the Federal Government’s dime. It                     Specifically, our bill authorizes a
                                             her to bring GM into the fold and join                  is not going to be just the State and                  grant program for alternative fuel cor-
                                             with the other five or so companies                     local governments. It is not going to                  ridors that will provide much needed
                                                                                                     just be the Wawas of the world or the                  funding to strategically deploy pub-
                                             that had found common cause with
                                                                                                     convenience stores of the world. It is                 licly accessible electric vehicle charg-
                                             California and lots of States, including
                                                                                                     not going to just be the auto industry.                ing infrastructure along designated al-
                                             my State of Delaware.
                                               She said to me: We are not prepared                   It is really all of us, with a major role              ternative fuel corridors that will be ac-
                                             to do that just yet. She went on to say                 that the Federal Government could                      cessible to all drivers.
                                                                                                                                                              We also create a community grant
                                             that the future is electric. She said the               play to encourage those investments.
                                                                                                        Speaking of General Motors, General                 program to provide funding to expand
                                             future of her industry is electric. I am
                                                                                                     Motors has announced its intention to                  access to electric vehicle charging in-
                                             all in on electric. She said: We need                                                                          frastructure, especially in rural and
                                             three things in order to be able to be                  produce only electric vehicles by 2035—
                                                                                                                                                            disadvantaged communities.
                                             successful in doing that, in making                     only electric vehicles by 2035. Ford has
                                                                                                                                                              This bill will also provide an addi-
                                             that transition. The first thing we need                announced that all the vehicles it sells               tional $5 billion distributed by formula
                                             is a 300-mile range on recharging.                      in Europe will be electric by 2030. Jag-               to the States to build out EV charging
                                               I just bought a vehicle a month or                    uar will go electric in 2025. Volvo has                so that drivers and car buyers can be
                                             two ago that gets 326 miles on a                        announced that it will sell only elec-                 confident of having access to a nation-
                                             charge—326. That is up from 38 miles                    tric cars by 2030. Volkswagen has an-                  wide network of charging infrastruc-
                                             on a charge on a Car of the Year 10                     nounced its plan to increase its sales of              ture.
                                             years ago, a Chevrolet product, and it                  electric vehicles by 2030 such that 70                   As I said before, this is just a down-
                                             was a huge improvement.                                 percent of the vehicles it sells in Eu-                payment on what we can and must do
                                               Anyway, Mary Barra said: We need a                    rope and 50 percent of the vehicles it                 in terms of climate action. However, as
                                             300-mile range. And they have it in                     sells in the United States and China                   everyone who has bought a house
                                             their cars now, several models. Ford                    will be electric. Mini, like Mini Cooper,              knows, sometimes downpayments are
                                             has it. Chrysler is moving in that di-                  has also announced its transition to                   hard to do and the most important step
                                             rection and a bunch of foreign compa-                   electric vehicles. Mercedes just an-                   toward success.
                                             nies as well.                                           nounced its new cars would all be elec-                  Let me close with this. My colleagues
                                               Anyway, she said: In addition to a                    tric by 2030 in markets that are ready                 know that I try to focus on the areas
                                             300-mile range, we need fueling sta-                    for electrification. And the list goes on.             where we can find consensus.
                                             tions, charging stations. We need them,                    The leading trade association for the                 We just had a funeral out in Wyo-
                                             she said, not just in a couple of places,               auto sector states that it is committed                ming a couple of days ago to say good-
                                             but we need them all over the country.                  to ‘‘net zero carbon transportation’’                  bye to our beloved colleague, Senator
                                               The third thing she said: We need                     and believes that the nation that leads                Mike Enzi, who is sort of—I call him—
                                             technology where people can charge                      development and adoption of elec-                      the author of the 80–20 rule that says:
                                             and recharge their batteries and not in                 trification and other innovative tech-                 We agree—this is in his words. He used
                                             hours around the country but in min-                    nologies will ‘‘shape supply chains, de-               to work with Ted Kennedy on the
                                             utes.                                                   fine global standards, and potentially                 Health, Education, Labor, and Pen-
                                               My wife and our son and I drove over                  reshape the international market-                      sions Committee. It is an amazingly
                                             the Fourth of July weekend. We drove                    place.’’                                               productive committee and an impor-
                                             from Wilmington, DE, to Wilmington,                        A recent letter from the Alliance for               tant committee. Ted Kennedy was the
                                             NC, in our new electric vehicle. We had                 Automotive Innovation, United Auto                     senior Democrat, and Mike Enzi was
                                             to recharge it a couple of times, but it                Workers, and the Motor and Equipment                   the senior Republican.
                                             has a 326-mile range.                                   Manufacturers Association states that                    And I always asked Mike Enzi on this
                                               The other thing: Along I–95, we have                  both business and labor are ‘‘com-                     floor—I said: How can the two leaders
                                             a lot of charging stations. We have a                   mitted to working toward a netzero                     in this committee, one a Democrat and
                                             vehicle that actually tells us where the                carbon transportation future that in-                  one a real conservative Republican—
                                             charging stations are, so you don’t                     cludes a shift to electric-drive vehi-                 how can you get so much done?
                                             have to worry about having range anx-                   cles.’’ To accomplish this, they believe                 And he said: We believe in the 80–20
                                             iety.                                                   that the United States must have a                     rule. We focus on the 80 percent that
                                               But we don’t have enough charging                     ‘‘comprehensive national vision and                    we agree on most of the time; and the




ctelli on DSK11ZRN23PROD with SENATE
                                             stations, and the legislation that is be-               strategy’’—a ‘‘comprehensive national                  other 20 percent, we set it aside to
                                             fore us today will not create enough in                 vision and strategy.’’                                 work on it some other time.
                                             and of itself. But the investment tax                      Expanding and improving access to                     If Mike Enzi is looking down today, I
                                             credit that will be part of our Finance                 clean vehicle infrastructure will facili-              know that he will be saying ‘‘amen.’’
                                             Committee package later on will help                    tate increased consumer demand for                     And we should follow his lead there,
                                             encourage a whole lot of investment                     more clean vehicles, spurring cleaner                  and this is one good place to do that.



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                                             S6038                                             CONGRESSIONAL RECORD — SENATE                                                      August 8, 2021
                                               I always want to get things done by                   West Virginia worked together, on a bi-                  And that digital divide makes a huge
                                             working with my colleagues across the                   partisan basis. And my recollection is                 difference because, again, those kids
                                             aisle because I think bipartisan solu-                  the underlying bill that we pick up in                 are going to fall behind, certainly dur-
                                             tions are lasting solutions. I like to                  this broader bill that has to do with                  ing the pandemic, when they had to be
                                             find those where we can. I am com-                      roads and bridges and so on passed with                accessing the internet to just stay up
                                             mitted to working with my Republican                    a vote of 22 to nothing out of this com-               with school. But even postpandemic,
                                             friends in the Senate on getting all                    mittee, and that is because they did                   you know, we want to be sure that that
                                             these actions across the finish line.                   good work in finding out where there                   learning opportunity is there.
                                               We will continue to work toward                       was common ground. And, frankly, you                     And then in terms of telehealth, you
                                             these urgent needs in the budget rec-                   know, the American people deserve to                   know, there are veterans in southeast
                                             onciliation process. Again, it is an all-               have good roads and bridges and infra-                 Ohio who aren’t able to make the drive
                                             hands-on-deck       moment,    requiring                structure to drive on and travel on. So                to the VA clinic in Columbus or else-
                                             meaningful investments in climate ac-                   it is a big part of this bill, and I thank             where, but they can take advantage of
                                             tions in a lot of different ways. The                   him for his work on that.                              telehealth; and they have, to the ex-
                                             last thing we cannot afford is inaction.                  We have now voted twice to proceed                   tent they have access to it during the
                                             The last thing we cannot afford to do is                to this very important legislation, to                 pandemic, and it has been actually
                                             to wait until later.                                    finally, after a lot of years of talking               quite helpful. But if they don’t have ac-
                                               We got to put in place commonsense                    about it, making major improvements                    cess to the internet and high enough
                                             policies, some of which we talked about                 to our Nation’s roads and bridges and                  speed internet, they can’t get the
                                             today, and a lot of which is included in                railroads and ports and waterways and                  healthcare at home that they need for
                                             the legislation before us. These are                    water infrastructure, electrical grids,                appointments.
                                             policies that can spur economic invest-                 our broadband networks, and more. It                     It is also important for business. If
                                             ments in our Nation’s aging infrastruc-                 is overdue.                                            you are a small business owner in these
                                             ture, reduce our transportation pollu-                    And I am delighted to say that twice                 parts of the country that don’t have
                                             tion, and support the millions of Amer-                 now we have voted to proceed to final                  internet access, it is really tough to
                                             icans who are considering buying a                      passage. One was a vote of 66 to 28, and               get off the ground. And these are the
                                             clean car today or sometime soon.                       the other was a vote of 67 to 27. And,                 very areas of the country where we
                                               My hope is that we can work to-                       frankly, there were a couple of people                 want to have more economic develop-
                                             gether to support our Nation’s clean                    on our side of the aisle who were not                  ment, so that is in this legislation as
                                             energy infrastructure and move our                      able to come vote, one of whom has                     well.
                                             economy to a brighter future.                           COVID and the other, in both cases,                      And in terms of water infrastructure,
                                               And before I yield the floor, I will                  somebody had travel difficulties. So we                Ohio has got a lot of aging water infra-
                                             just say to the Presiding Officer my ap-                would have had two more votes on our                   structure. I saw someone wrote a story
                                             preciation to her and the work that she                 side that were positive votes as well.                 recently, saying that only about a
                                             and the committee that she serves on                      So this is a supermajority, and it is                quarter of this bill goes into hard as-
                                             and helps to lead, the Energy and Nat-                  because the legislation makes sense for                sets. That is just not accurate. In fact,
                                             ural Resources Committee.                               the States represented here in this                    a quarter of it goes to roads and
                                               I mentioned that a major source—a                     Chamber and for the American people.                   bridges and even more, I guess. But
                                             large source of carbon emissions comes                  It will improve the lives of all Ameri-                water infrastructure is a hard asset.
                                             from our mobile sources, but No. 2 is                   cans. It will make life better. So the                   Ask the communities in Ohio that
                                             power plants, and the Presiding Officer                 mom who is stuck commuting, who                        have been told by the EPA, in Repub-
                                             is doing good work that helps to ad-                    would rather be spending time with her                 lican and Democrat administrations:
                                             dress emissions there. The rest of us                   family every day, you know, is going to                You got to fix your sewer system; you
                                             look forward to being able to partner                   have the ability, through better trans-                got to fix your drinking water system;
                                             with her on that in the days ahead, so                  portation infrastructure, to have fewer                you can’t have combined sewer over-
                                             I thank the Presiding Officer for her                   minutes and hours every day in grid-                   flow.
                                             good leadership.                                        lock.                                                    And they just can’t afford it, particu-
                                               Before the gentleman from Ohio                          The truck driver who leaves the                      larly in these mid-size cities. They are
                                             speaks, I just want to acknowledge my                   home, you know, and says goodbye to                    really excited about water infrastruc-
                                             friend and the friend of the Democrats.                 his family and goes on a long haul and                 ture.
                                             I shouldn’t say complimentary things                    thinks, ‘‘You know, am I going to be                     Our ports, that is hard infrastructure
                                             like that to our Republican colleagues,                 safe?’’ it will be safer, thanks to this               too. So ships are lined up at some ports
                                             I suppose, but I just want to applaud                   legislation.                                           right now, including out West. And so
                                             him for the leadership that he and Sen-                   We had two trucks collide on a bridge                if you are a consumer, you are trying
                                             ator SINEMA and 20 other colleagues                     in Ohio recently. It is not safe. There is             to buy something and you are won-
                                             have fought for us in trying to get us                  no shoulder on the bridge anymore be-                  dering why you can’t get it, including,
                                             to a good place and bringing the legis-                 cause the traffic is bearing twice the                 you know, maybe an electronic device
                                             lation here before us. We are grateful                  number of vehicles that it was designed                you want, or maybe it is a part to an
                                             for his leadership. He has about an-                    for.                                                   automobile that you want, a lot of it is
                                             other year, year and a half to serve in                   The mom who has been taking her                      it is stuck. Stuff is stuck right now be-
                                             the Senate, and I and the rest of us                    daughter to the public library parking                 cause our ports are not efficient
                                             want to make sure that that is a very                   lot 30, 40 miles from their home to get                enough and capable enough to handle
                                             productive period of time. We are hope-                 internet access in order for her daugh-                what they should be able to do.
                                             ful we can get this done, and we will                   ter to do her homework will now be                       Our land ports, if you are concerned
                                             not just celebrate together, but we will                able to have internet and be able to                   about the southern border and the abil-
                                             do good work. We will have done really                  have broadband in her community                        ity to screen trucks and cars coming in
                                             good work together.                                     right up to her home because of this                   to try to keep some of this deadly
                                               I yield the floor.                                    historic investment in ensuring that                   fentanyl and other drugs from coming
                                               The PRESIDING OFFICER (Ms.                            the digital infrastructure is put in                   over our southern border, you should
                                             SMITH). The Senator from Ohio.                          place. So you don’t have this divide.                  want this legislation because it is
                                               Mr. PORTMAN. Madam President, I                         We have got counties in Ohio that                    going to provide more infrastructure
                                             appreciate my colleague from Dela-                      just don’t have internet, period, and                  for our ports.




ctelli on DSK11ZRN23PROD with SENATE
                                             ware. He is the chair of the committee                  others have very slow internet. We                       So there is a lot in here that will
                                             that produced a lot of the work that                    have got about 30 counties that are a                  make people’s lives better, and that is
                                             went into this package. Roads, bridges,                 part of Appalachia. We have got about                  obviously one reason that this is so
                                             the highway bill, and the surface trans-                18 of those counties that are unserved                 popular, because people do expect it
                                             portation bill comes through his com-                   and another large group that are un-                   here in America. This great economy
                                             mittee. He and Senator CAPITO from                      derserved.                                             we have, we should be able to also lead



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                   S6039
                                             the road in infrastructure, and we                      key foreign competitors, like China,                   for this proposal. So for those in Big
                                             don’t. There is a study out saying, in                  spend now four times more on infra-                    Ag States, I would say, listen to your
                                             fact, we are not even in the top 10 in                  structure than we do.                                  Farm Bureau—you usually do—and
                                             terms of infrastructure around the                        China is spending four times more as                 they will tell you this is very good for
                                             world.                                                  a percent of their economy on infra-                   the farmer who wants to get his crops
                                               It also will make our infrastructure                  structure than we do. Why? Because                     to the market.
                                             more resilient to natural disasters and                 they want their economy to be more ef-                   In Ohio, we have a lot of soybeans.
                                             other crises. It will make our Nation                   ficient. They want to compete with us                  We want to get them to the elevator in
                                             safer and more secure. It will grow our                 and win. We want to compete with                       order to be efficient, but we also send
                                             economy in a million small but mean-                    them and have American workers win.                    them all over the world. So we want
                                             ingful ways. What the economists say                      Thirteenth in the world is based on a                our ports to be efficient.
                                             when they look at this legislation—and                  study that is done periodically. To en-                  But it is not just the Farm Bureau.
                                             by the way, again, every President in                   sure that we are comparing apples to                   You have the National Association of
                                             modern times has proposed this big in-                  apples, they look at all kinds of things.              Manufacturers supporting this, the
                                             frastructure package for this reason.                   America has a very strong, competitive                 American Chamber of Commerce, the
                                             They say it will make your economy                      economy, generally, but infrastructure                 Business Roundtable, and the AFL–CIO
                                             more efficient.                                         is a weakness for us.                                  Building Trades Council. The men and
                                               So we have fallen behind on infra-                      So this is the World Economic                        women who do the work strongly sup-
                                             structure, and if we can catch up, the                  Forum. They put this study out peri-                   port this legislation. So it is going to
                                             economy is more efficient; therefore,                   odically. I follow it. I look at it be-                help in terms of jobs, competitiveness.
                                             we are more productive; therefore, the                  cause it has a lot of different things in                And, again, it is no wonder that so
                                             economy grows; therefore, more tax                      it—not just infrastructure—as to how                   many people over the years have said:
                                             revenue comes in from infrastructure.                   our economy is working.                                We need to fix our infrastructure.
                                                                                                       How are we doing on permitting?                        Every President in modern times, by
                                             So it is a good long-term investment.
                                                                                                       Not so good. Guess what. We have                     the way, has had a proposal to do so.
                                             It is not money that is going to be
                                                                                                     permitting reform in this package, and                 The joke here in Washington is, ‘‘Oh, it
                                             spent next year. Think of the projects
                                                                                                     the permitting reform will allow the                   is infrastructure week again’’ because,
                                             in your community that might be
                                                                                                     Federal dollar to go further.                          frankly, administrations over time
                                             helped. That project may last for 10, 15
                                                                                                       So think about it: If it takes 6, 8, 10              have had infrastructure week—‘‘We are
                                             years, even before it is finally com-
                                                                                                     years to permit a project, the enor-                   going to get infrastructure done this
                                             pleted.
                                                                                                     mous cost involved in that. But if you                 week’’—and nothing has happened.
                                               So this money goes out over time for
                                                                                                     can do it in 2 years, which is the goal                Congress has been stuck.
                                             hard infrastructure. That is one reason                                                                          We have been in gridlock on this,
                                             it doesn’t affect inflation in a negative               of our permitting reform, that makes a
                                                                                                                                                            kind of like the gridlock during rush
                                             way. In fact, it is counterinflationary                 huge difference. And a lot of it is be-
                                                                                                                                                            hour in so many of our cities today
                                             because it invests in hard assets and in                cause you have a lot of different Fed-
                                                                                                                                                            that we want to fix with this bill. Well,
                                             jobs over time. If you are in business,                 eral Agencies that are requiring per-
                                                                                                                                                            that gridlock here has kept us from
                                             think about your capital expenditures.                  mits. If you have an energy project,
                                                                                                                                                            doing what we are trying to do in this
                                             Your capex budget is going to be dif-                   whether it is a fossil fuel project or
                                                                                                                                                            legislation.
                                             ferent than your day-to-day spending                    whether it is a renewable energy                         Five hundred and fifty billion dollars
                                             than you probably thought of from                       project, you can have as many as 30—I                  in additional funding over the next 5
                                             your capex.                                             am told, in 1 case, 35 different permits.              years is what this is. Others have said
                                               It is going to also take some impor-                  By the time you finish the first 30, you               it is a trillion. I don’t—it is $550 bil-
                                             tant steps to repair, replace, and build                have to go back to the first one again                 lion. It is actually a little less: $548 bil-
                                             assets that will last for decades. Again,               to get fit in. It is crazy.                            lion is what the final number was over
                                             that makes life better for people. It                     We had a project in Ohio actually                    5 years, as a shot in the arm to help get
                                             makes the economy more efficient. It                    shut down because they just couldn’t                   these projects going, not just in the
                                             also is something that, as economists                   handle the permitting. It was actually                 next year or 5 years but over the next
                                             look at it, they believe will be counter-               a hydropower along the Ohio River.                     20 or 30 years. This money will be
                                             inflationary.                                             So that is in this legislation, too—                 spread out over time.
                                               It has been made clear in poll after                  historic permitting reform—and that                      But this is part of how we get Amer-
                                             poll this is something that brings this                 should make sense to every taxpayer.                   ica on a track where we have good-pay-
                                             country together. So, unbelievably,                     Yet we want to go through the environ-                 ing jobs and more efficiency in our
                                             there is a poll by CNBC showing 87 per-                 mental studies. That is fine, but let’s                economy long term.
                                             cent of the American people think it is                 do it quickly and efficiently and re-                    Every President, as I said, has tried
                                             important that we, here in Congress,                    quire one Agency to be in charge and                   to get the infrastructure bill done. One
                                             invest in improving our roads and our                   accountable. That is what this does. It                of those Presidents is our most recent
                                             bridges.                                                requires that there be a dashboard that                President, President Donald Trump,
                                               Within a couple of months, another                    anybody can look up and find out                       who pushed to pass a $1.5 trillion infra-
                                             poll by CBS found exactly the same                      where that project is. That keeps it                   structure bill during his time in office
                                             number, that 87 percent of the Amer-                    moving, very transparent. That is in                   in his budget. As a developer, he gets
                                             ican people support more Federal                        this proposal.                                         it. He understands the importance of
                                             spending on repairing roads and                           So there are some good things in here                infrastructure, and I applaud him for
                                             bridges.                                                that ensure that the money that is                     that.
                                               An Associated Press poll found that 8                 spent is spent more wisely than it has                   And, honestly, I think he changed
                                             in 10 Americans favor plans to increase                 been in the past.                                      the discussion a little bit on my side of
                                             funding for roads, bridges, and ports,                    Let’s be sure people can’t come back                 the aisle. I think he got more Repub-
                                             and for pipes that supply drinking                      and sue after the fact. We take the                    licans thinking. One of my colleagues
                                             water. That is what the bill does.                      amount of time that someone can come                   told me recently the two things gov-
                                               And we need the investment. Let’s be                  back after the fact and sue on a project               ernment ought to do and do well is na-
                                             honest. The American Society of Civil                   from 6 years to 2 years. That is very                  tional defense and infrastructure. I
                                             Engineers gives our infrastructure in                   important to developers. That is very                  think there are other things that gov-
                                             America a grade of C-minus. That is                     important to our workforce. That is                    ernment does as well, but that is not a




ctelli on DSK11ZRN23PROD with SENATE
                                             not very high. And they project our                     very important to the building trades                  bad list for what the priorities ought to
                                             economy stands to lose more than $10                    in this country.                                       be for the Federal Government. Look
                                             trillion in GDP—$10 trillion in our                       You look at the list of supporters of                at the Interstate Highway System as
                                             economy—by 2039, if we fail to invest                   this project, and, I mean, it is unbeliev-             an example of what needs help now.
                                             in these repairs. We have fallen to 13th                able. The American Farm Bureau and                       So I appreciate the fact that Presi-
                                             in the world in infrastructure while                    over 30 farm groups have now come out                  dent Trump got the discussion going



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                                             S6040                                             CONGRESSIONAL RECORD — SENATE                                                       August 8, 2021
                                             among Republicans who might not pre-                    advantage of it. So that is really im-                 credit to the feedback effect from tax
                                             viously have focused on that.                           portant.                                               cuts.
                                               Here are just a few highlights of what                  We also strengthen the provision,                      Democrats are kind of just the oppo-
                                             we secured in this legislation.                         make it cover more projects, and en-                   site. They think there should be more
                                               We are going to provide billions in                   sure that, again, we are going to get                  feedback effect—in other words, a dy-
                                             funding for some of our most pressing                   these permitting reforms to make this                  namic score as relates to spending.
                                             hard infrastructure needs: $110 billion                 dollar—this Federal dollar—go further.                   And we disagree on their calculation
                                             in new spending over the next 5 years                     And we are going to make a nec-                      of scoring. But that is who we have to
                                             to construct, rebuild, and maintain our                 essary investment in the future of our                 rely on.
                                             Interstate Highway System, our roads,                   economy by providing $65 billion to in-                  So the CBO estimate that just came
                                             and our bridges.                                        crease access to broadband services to                 out, including what they said about
                                               That is going to make a big dif-                      connect more Americans to the inter-                   their official score, was disappointing
                                             ference for us in Ohio. We have 123,000                 net.                                                   to me because they didn’t follow what
                                             miles of roads. And where traffic con-                    In Ohio, it is estimated that about                  we wrote in the law. We have had this
                                             gestion occurs in Ohio, we have an esti-                300,000 households lack access to the                  discussion, and, you know, they are the
                                             mated $4.7 billion lost each year—lost                  high-speed broadband that many of us                   arbiter. So my same Republican col-
                                             time, wasted fuel, according to the                     just take for granted. We assume ev-                   leagues who have complained about
                                             American Society of Civil Engineers—                    erybody has it. People don’t. It is hold-              CBO over the years in other contexts
                                             $4.7 billion because of traffic conges-                 ing folks back from being able to get                  are now saying: Well, look, the CBO
                                             tion in Ohio alone.                                     the schooling they need, the healthcare                score isn’t high enough. You know, you
                                               They also say there are currently                     they need, or to have the economic op-                 said about half of it would be paid for
                                             more than 46,000 bridges in our country                 portunities that come with being con-                  by official CBO scores. Well, it is, but
                                             that are considered structurally defi-                  nected to the internet.                                they didn’t give us credit for it.
                                             cient and in poor condition. Think                        These are just a few highlights, and I                 One example is CBO’s limitation that
                                             about that: 46,000 bridges considered                   can go on. But the bottom line is that                 they can’t account for States returning
                                             structurally deficient and in poor con-                 we are dedicating almost $550 billion to               to the Federal Treasury the money
                                             dition—46,000. And yet, 178 million                     new infrastructure spending over the                   that we dictated they had to return in
                                             trips are taken across these deficient                  next 5 years to go toward a wide range                 our bill. They just won’t do it.
                                                                                                                                                              Fifty-three billion dollars was in our
                                             bridges every single day. One hundred                   of priorities that will collectively have
                                                                                                                                                            legislation for unused funds from the
                                             and seventy-eight million cars or                       a positive impact on the people I rep-
                                                                                                                                                            enhanced COVID UI supplemental put
                                             trucks go over these same structurally                  resent and all Americans.
                                                                                                                                                            in place during COVID–19. Recouping
                                             deficient bridges.                                        Importantly, we have funded our bill
                                                                                                                                                            this outdated supplement is a win for
                                               Ohio, by the way, is No. 2 in the Na-                 through a number of responsible pay-
                                                                                                                                                            the American taxpayers, and everyone
                                             tion for bridges. We like bridges in                    fors without any new taxes on working
                                                                                                                                                            should support sending it back toward
                                             Ohio. We have lots of creeks and rivers                 families, on small businesses, on large
                                                                                                                                                            projects like infrastructure that help
                                             and railroad tracks to go over. We have                 businesses, on anybody. This is being                  move our economy forward rather than
                                             over 40,000 bridges, but nearly half of                 done without tax hikes.                                for other purposes. And yet CBO gives
                                             those are not in good condition. That is                  That is significant because, remem-
                                                                                                                                                            us no credit for that.
                                             the reason I am pleased this bill pro-                  ber, when we first started talking                       CBO is not fully able to reflect the
                                             vides $12.5 billion to fund the bipar-                  about infrastructure, it was in the con-               funding streams that will help pay for
                                             tisan Bridge Investment Act that will                   text of a proposal from the Biden ad-                  our legislation in other ways as well. I
                                             award competitive grants to improve                     ministration for a huge increase in                    will give you, perhaps, the two most
                                             our Nation’s bridges based on whether                   taxes. It was a $2.65 trillion package                 striking examples of this.
                                             they are major bridges of commercial                    and included incredibly steep tax in-                    One is that working with the White
                                             activity, based on their condition,                     creases. In fact, taxes increased to                   House, working with the Office of Man-
                                             based on their safety.                                  much more than taxes were cut back in                  agement and Budget, working with the
                                               We have $60 billion total to help                     2017 in that proposal, about four times                individual Agencies, we were able to
                                             State and local government fund major                   more. Some say five times more.                        determine that some of the COVID–19
                                             construction projects, like the long-                     But we decided: No, let’s not do that.               funds that this Congress had sent back
                                             awaited Brent Spence Bridge Corridor                    Let’s pull infrastructure from this                    to the States through Agencies was not
                                             in my hometown of Cincinnati, OH. We                    package—really core infrastructure,                    being spent, and so we wanted to repur-
                                             have been talking about replacing the                   because infrastructure is being defined                pose that money through this purpose.
                                             Brent Spence Bridge as long as I have                   in ways that it had never been defined                 Remember, we spent a lot of money, in-
                                             been in elected office, and that has                    before, including so-called soft infra-                cluding $1.9 trillion recently. But even
                                             been a while. It has been probably 25                   structure: social spending for nursing                 before that, four different pieces of leg-
                                             years of talking about this. Let’s get it               homes or for healthcare or for electric                islation were sending money out to the
                                             done.                                                   car companies outside of infrastruc-                   States for COVID–19 purposes.
                                               We are going to make immediate re-                    ture.                                                    And so we said: Well, if it is unused
                                             forms to the permitting process, as I                     We said: No, let’s just pull the core                COVID funds, let’s return it to the
                                             said, because that will help with regard                infrastructure out of it, and let’s take               Treasury and apply it to this. And it
                                             to that bridge and others to do it more                 the taxes off. And that is how we got                  makes sense. Infrastructure is some-
                                             quickly, more efficiently, with less                    down to, again, $548 billion and without               thing States and localities are eager to
                                             cost to the taxpayer dollars.                           taxes.                                                 have—better infrastructure—and it is
                                               Again, I want to commend the Trump                      So from the start, we have said some                 appropriate to use some of that fund-
                                             administration         because        they              of our pay-fors will not be fully re-                  ing.
                                             prioritized that issue. But the legisla-                flected in the formal CBO score that                     So we said in our proposal that $41.8
                                             tion that we had passed here to help                    came out on Thursday. But, instead, it                 billion would be rescinded based on
                                             with speeding up permitting sunsets.                    will be reflected in CBO estimates.                    what we got from OMB, from the indi-
                                             So this legislation that we are voting                    What is CBO? CBO is the Congres-                     vidual Agencies on their unobligated
                                             on here actually ends that sunset and,                  sional Budget Office. It is the group up               funds. The White House signed off on
                                             therefore, ensures we can continue that                 here that we have to rely on in terms                  it. We all signed off on it, Republican
                                             permitting going forward.                               of our legislation to say how much                     and Democrat. Unfortunately, CBO




ctelli on DSK11ZRN23PROD with SENATE
                                               If we don’t do it in this bill and don’t              something costs.                                       chose to give us credit for just $13.4 bil-
                                             do it soon, we are not going to have                      Republicans and Democrats alike                      lion rather than $41.8 billion. It is frus-
                                             projects signing up for this interagency                love to complain about CBO. In fact,                   trating. It is a difference of $28.4 billion
                                             council on permitting because they                      often, it is my Republicans com-                       in savings.
                                             will have the sunset. They know that                    plaining about them on my side of the                    Now, what they say is that we are
                                             they are not going to be able to take                   aisle because they don’t give enough                   not convinced that even though these



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                S6041
                                             are unobligated balances—which we                         So just as they took $30 billion away                ware development, with one recent
                                             have been able to prove, by the way,                    from the CBO score with regard to                      study from the Association of Equip-
                                             and we have documents from the White                    repurposing COVID money, which is                      ment Manufacturers finding that the
                                             House, now, after the fact, showing this                based on the unobligated balances that                 legislation could create around half a
                                             again. But they have said: Well, we                     the White House agreed to, that OMB                    million jobs by 2024.
                                             don’t believe that these Agencies that                  agreed to—but CBO is saying somehow                      This is why every business group in
                                             have extra money are going to spend                     the Agencies aren’t going to spend that                America is supporting this legislation,
                                             the money. That is one of the reasons                   money. I mean, all the records, if you                 as well as all the ag groups—over 30 ag
                                             they gave. We think they will just keep                 look at what happens, is that they will                groups—including the American Farm
                                             the money.                                              spend the money.                                       Bureau. It is why the AFL–CIO Build-
                                               When has an Agency not spent the                        So we are saving the money. We are                   ing & Construction Trades Council is
                                             money that Congress provides them, I                    pulling it back and applying it to a                   supporting it, because they are going
                                             would ask my colleagues?                                good purpose: infrastructure.                          to provide a lot of the workers for this.
                                               I will give you a real-world example                    So I would just caution my col-                        Even more importantly, given the re-
                                             of this. As we started to look for these                leagues who, again, traditionally are                  cent economic news we have seen, is
                                             unused COVID funds, it turns out that                   skeptical of CBO and somehow, in this                  this proposal will not cause inflation to
                                             the U.S. Department of Agriculture,                     case, think CBO is perfect, to look a                  increase. As Democratic economist
                                             USDA, had some extra funds that they                    little closer at these scores and look at              Larry Summers on the other side of
                                             had not sent out to anybody and                         the fact that they are not necessarily                 the aisle and many of us here on the
                                             weren’t planning to. When they heard                    accurate.                                              Republican side of the aisle had been
                                             that we were nosing around with the                       What this legislation does not do—                   warning about for months, including
                                             Office of Management and Budget and                     the Infrastructure Investment and Jobs                 me, inflation is here, with prices for
                                             with the White House to pull back                       Act—is it does not include the grab bag                consumers up 5.4 percent over this time
                                             some of those funds for this purpose,                   of massive new social spending that                    last year.
                                             for a good purpose, for infrastructure—                 Democrats included in their first pack-                  And this rate of inflation, in my
                                             guess what—they came up with an-                        age and certainly that they are now in-                view, could well go up even further.
                                             other program. They had the discretion                  cluding in their $3.5 trillion spending                Douglas Holtz-Eakin, former CBO Di-
                                             to send the money out under another                     proposal they unveiled earlier this                    rector, now head of the American Ac-
                                             program. So they came up with one                       month.                                                 tion Forum, a conservative economist;
                                             and said: Oh, now we have got this                        And this is an important point that                  Michael Strain, director of economic
                                             money covered. You are not allowed to                   my colleagues shouldn’t miss. The                      policy studies at the American Enter-
                                             touch it.                                               President has said that the package—                   prise Institute, AEI, also a conserv-
                                               So I am just telling you that is one of               the $3.5 trillion—will not include more                ative scholar, has said that our bipar-
                                             the challenges with these CBO scores.                   core infrastructure spending. Now, re-                 tisan infrastructure package will slow
                                             They took $28.4 billion in savings and                  member, that was pulled out of his                     down inflation.
                                             just decided, because they knew best,                   original package, the $2.65 trillion. We                 They said: ‘‘Improving roads, bridges,
                                             that this was not going to be available                 took about half of the core infrastruc-                and ports would make it less costly for
                                             because the Agencies were going to                      ture out of there and took out all the                 businesses to operate, allowing them to
                                             spend it, even though they haven’t                      taxes, so we are at $548 billion.                      increase their output per hour, and
                                             spent it, they had no reasons to spend                    And he made a commitment, both                       putting downward pressure on con-
                                             it, they had no plans to spend it. And,                 privately and publicly, as have Demo-                  sumer prices.’’
                                             again, the Office of Management and                     crats up here, that that is the negotia-                 So I know some of my colleagues
                                             Budget at the White House had con-                      tion on the core infrastructure. So the                want to conflate these two, the $3.5
                                             firmed that.                                            roads and bridges we have talked about                 trillion extravaganza with huge tax in-
                                               Another example: We went from a                       earlier, the water infrastructure, the                 creases and immediate social spending
                                             savings of $65 billion from the next                    rail, the ports—that can’t be double                   and this long-term spending we have
                                             auction for spectrum down to $20 bil-                   dipped in terms of also including that                 talked about here, where very little
                                             lion in response to concerns by col-                    in the $3.5 trillion.                                  money is going to go out the door even
                                             leagues on our side of the aisle that                     Now, they will have a lot of other                   in the next year or two. But they are
                                             this might affect our national security.                spending in there that is social spend-                not the same, and I think it is irre-
                                             So $65 billion in savings, CBO-scored                   ing, that is not this capital expenditure              sponsible to say they are the same.
                                             savings, in this legislation, went to $20               spending we talked about. Many of my                     The bottom line is that the Infra-
                                             billion—working with the Department                     colleagues know what capex means,                      structure Investment and Jobs Act will
                                             of Defense, carefully; working with the                 that you typically borrow for your                     provide a historic investment in hard
                                             Office of Management and Budget;
                                                                                                     capex, and it is long-term spending for                infrastructure, with input from a bi-
                                             working with the Armed Services Com-
                                                                                                     hard assets. But that is not what the                  partisan group of Senators, while
                                             mittee here, ensuring that we weren’t
                                                                                                     $3.5 trillion is about, and that is why I              avoiding the tax hikes that would hurt
                                             going to touch any spectrum in that
                                                                                                     strongly oppose it, as do my colleagues                our economy, destroy jobs, and under-
                                             future sale that had a national security
                                                                                                     on this side of the aisle.                             mine our competitiveness around the
                                             implication.
                                                                                                       The President having said that the                   world.
                                               So that reduced our CBO score. We
                                                                                                     package will not double dip, that we                     And importantly, for the sake of fu-
                                             understood that, but we wanted to be
                                             sure that we weren’t taking any risks                   won’t have that in there, is very impor-               ture bipartisanship here in Congress, it
                                             by having any issue with regard to                      tant to remember because we have                       is an infrastructure plan that allows us
                                             DOD spectrum that they didn’t want to                   saved taxpayers not only huge tax in-                  to avoid the repeat of the COVID–19
                                             provide.                                                creases by finding a bipartisan solution               spending bill, the $1.9 trillion that
                                               CBO then, in their report on Thurs-                   here, but we saved taxpayers from a lot                passed under this partisan process of
                                             day, decided that they weren’t going to                 of additional spending that otherwise                  reconciliation.
                                             give us credit for that $20 billion. They               would have occurred.                                     It is also the alternative way that we
                                             took it down to about $10 billion. We                     This investment in repairing and up-                 ought to operate around here instead of
                                             lost $9.8 billion on a CBO score there.                 grading our Nation’s infrastructure                    the $3.5 trillion reconciliation package
                                               And, again, when we pushed on that,                   will have real, lasting benefit for our                that is coming next. It demonstrates to
                                             they said: Well, we just need to know                   country through building out hard as-                  the American people that we can, in




ctelli on DSK11ZRN23PROD with SENATE
                                             that the White House is going to move                   sets that improve productivity and im-                 fact, work together to get big things
                                             ahead with a spectrum auction.                          prove efficiency without adding to in-                 done in a responsible way.
                                               Well, they are, and they have sent us                 flation. It will create hundreds of thou-                President Biden promised to govern
                                             a letter saying they are.                               sands of good-paying jobs in industries                in a bipartisan manner, in his inau-
                                               So, again, this is a little arbitrary,                ranging from construction and plumb-                   gural address and in his campaign. Un-
                                             don’t you think? How can CBO decide?                    ing to electrical engineering and soft-                fortunately, he hasn’t done that with



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                                             S6042                                             CONGRESSIONAL RECORD — SENATE                                                         August 8, 2021
                                             regard to the COVID package, the $1.9                   poses, means a sale—on behalf of some-                 extend the deadline. No additional
                                             trillion under reconciliation, the $3.5                 one else.                                              money for anybody. I think every Sen-
                                             trillion that they are now going to at-                   Some crypto brokers already comply                   ator here supports it.
                                             tempt to pass here in this Chamber.                     with these standard information-re-                      These are some of the bipartisan
                                             But this bipartisan package is an op-                   porting obligations, but for those who                 amendments that we are debating, and,
                                             portunity for all of us to fulfill that                 have not yet adopted these practices,                  hopefully, we are going to get votes on
                                             pledge, to figure out how to work to-                   this rule change is going to make it                   these because whether you are going to
                                             gether to get big things done.                          easier for their customers to pay their                be for the bill or against the bill, I
                                               It is a genuine compromise. It is not                 taxes due.                                             think most of us would agree they are
                                             the bill I would write. It is not the bill                The concern has been expressed that                  going to improve the bill. My amend-
                                             my colleague KYRSTEN SINEMA would                       some in the cryptocurrency industry                    ment would. But I know a bunch of
                                             write on the Democratic side of the                     who are not brokers could be inadvert-                 amendments—Senator CORNYN has one
                                             aisle. But it is good for the country. It               ently caught up in this definition. The                that I am supportive of and cospon-
                                             builds our core infrastructure. It                      Department of the Treasury, the non-                   soring. So there are a number of
                                             doesn’t raise taxes on the American                     partisan Congressional Joint Com-                      amendments that we hope we can get
                                             people. It will grow the economy. It                    mittee on Taxation, and others believe                 and debate here on the floor.
                                             will lead to more tax revenue coming                    that the current language is clear and                   But, as you know, the Senate has a
                                             in to the Treasury, and yet it includes                 that the reporting requirements only                   lot of other work besides just this, and
                                             responsible pay-fors.                                   covers brokers.                                        I just want to talk a little bit about
                                               Soon, I hope we will all be able to                     But my view is that we should work                   that work that is going on. Right now,
                                             vote on final passage of this legisla-                  to clarify this, given the potential for               we are going to turn to the Senate ma-
                                             tion. As I indicated, we have already                   confusion on an extremely important                    jority leader, Senator SCHUMER. After
                                             had two votes to proceed to final pas-                  issue. In particular, we want to be sure               this debate, he is going to want to turn
                                             sage. One was 66 to 28; the other was 67                miners and stakers and others, now or                  to a completely different bill, and that
                                             to 27. I think it is time for us to come                in the future, who play a key role by                  is the $3.5-trillion partisan tax-and-
                                             together and to enact this bipartisan                   validating transactions, or sellers of                 spend spree that is just completely in-
                                             achievement for our Nation, for our                     hardware or software for digital wal-                  appropriate right now for our country,
                                             economy, and for the people we rep-                     lets, or node operators, or others who                 especially after the Democrats finished
                                             resent.                                                 are not brokers are clearly exempted.                  up a partisan bill in February of $2 tril-
                                                                                                       While it is not the intent of the un-
                                                             CRYPTOCURRENCY                                                                                 lion.
                                                                                                     derlying bill to include them, I believe                 This is a reckless amount of spending
                                               Madam President, I want to address a                  we can do more to make this clear,
                                             specific part of the legislation that is                                                                       that they are looking at doing, and I
                                                                                                     which is why I will continue to work                   am pretty sure some of my colleagues
                                             before us. It relates to cryptocurrency.                with colleagues to clarify the intent of
                                             As we know, cryptocurrency is a dig-                                                                           know that. But part of what is going on
                                                                                                     the information-reporting language.
                                             ital asset that more and more people                                                                           here is a hijacking of the Democratic
                                                                                                       There have been a number of amend-
                                             are investing in, and we should want                                                                           Party by the far left. You have seen
                                                                                                     ments that have been filed to try and
                                             that to continue and continue in a                      make this provision more clear, and I                  that in a whole host of areas.
                                             healthy and sustainable way.                            have been working with my colleagues                                     NOMINATIONS
                                               There is consensus here in Wash-                      Senator WARNER, Senator WYDEN, Sen-                      Let me give one other area that is
                                             ington and around the country that                      ator TOOMEY, Senator LUMMIS, Senator                   really important, from the Senate’s
                                             there should be better and more con-                    OSSOFF, and Senator SINEMA on a po-                    perspective, where that is starting to
                                             sistent reporting on cryptocurrency                     tential solution that I believe will help              happen, and that is on nominees. I have
                                             transactions. By the way, this would be                 reassure stakeholders that these indi-                 been coming down to the floor to talk
                                             a good thing for honest, taxpaying                      viduals will not be considered brokers,                about nominees, where we have an ad-
                                             holders of cryptocurrency, which is the                 while maintaining the information re-                  vice and consent role as U.S. Senators.
                                             vast majority of them who, today, have                  porting in this bipartisan legislation.                One in particular is being put up for a
                                             to figure out their basis and sometimes                   Today, we will continue these impor-                 position for the Bureau of Land Man-
                                             their gross proceeds when filing taxes                  tant discussions, and I am hopeful we                  agement, which has enormous power
                                             because they don’t get a 1099.                          can come to a solution that will pro-                  over my State and my constituents—
                                               The form 1099 that a financial insti-                 vide certainty for taxpayers and avoid                 enormous. And yet, somehow, the
                                             tution would give you if you invested                   any potential loopholes for bad actors.                President of the United States has de-
                                             in stocks or bonds or other financial                     With that, Madam President, I yield                  cided to put forward someone who is
                                             instruments often is not available for                  the floor.                                             not just an extremist but a violent ex-
                                             holders of cryptocurrency, which cre-                     The PRESIDING OFFICER. The Sen-                      tremist, a former ecoterrorist, named
                                             ates problems.                                          ator from Alaska.                                      Tracy Stone-Manning, to be the head
                                               Standardizing this basic information                                        H.R. 3684                        of the Bureau of Land Management.
                                             reporting by crypto brokers for tax                       Mr. SULLIVAN. Madam President, I                       I have been coming down to the floor
                                             purposes is going to help provide more                  want to thank Senator PORTMAN for his                  and speaking out against this. This
                                             certainty for everyday Americans look-                  outstanding work, all the great work                   nominee clearly undertook activities
                                             ing to invest in these digital assets.                  that he is doing on this bill with Sen-                as part of a group called Earth First!—
                                               The experts at the nonpartisan Con-                   ator SINEMA and others, and I am hope-                 tree spiking, they call it, that is actu-
                                             gressional Joint Committee on Tax-                      ful that we can get some of these                      ally meant to harm Americans who are
                                             ation and the Department of the Treas-                  amendments—bipartisan            amend-                legally harvesting logs and timber.
                                             ury say that this would lead to better                  ments—on the infrastructure bill onto                  This is unbelievable that we are actu-
                                             tax compliance as well. So the infor-                   the floor.                                             ally even debating this nominee.
                                             mation reporting would lead to better                     I know my colleague Senator                            Now, some of my colleagues said:
                                             compliance with the Tax Code.                           HAGERTY is going to work on that here                  Well, that was a while ago; she is sorry
                                               The question is who should issue that                 in a minute. I support what he is trying               about that.
                                             1099 in a cryptocurrency context.                       to do.                                                   But then she came before the Senate
                                             Again, the consensus is that it should                    I have an amendment, for example,                    and didn’t tell the truth to Senators.
                                             be the brokers of cryptocurrency, just                  that is very bipartisan and would help                 That should be No. 2—strike two, you
                                             as it is for stocks and bonds and other                 all the Tribes in America—Alaska Na-                   are out.




ctelli on DSK11ZRN23PROD with SENATE
                                             financial instruments.                                  tive Tribes, lower 48 Tribes—to simply                   But here is strike three, and this just
                                               In the underlying bill, a broker is de-               get the authority to extend the spend-                 happened. Her husband, in a Harper’s
                                             fined as any person responsible for reg-                ing of their original CARES Act money                  Magazine—I guess he is some sort of
                                             ularly providing any service effec-                     that they got in March of 2020.                        far-left radical, too—said that fire-
                                             tuating transfers of digital assets by                    They just got authority to actually                  fighters who are trying to put out fires
                                             cryptocurrency—which, for tax pur-                      start spending it. All we want to do is                in national forests should just let the



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                S6043
                                             homes built there burn to the ground—                     This is a perfect opportunity to arrest peo-         which rights of our Bill of Rights they
                                             burn to the ground. Ten months ago,                     ple before committing crimes rather than re-           want to protect and enforce, our de-
                                             she applauded her husband’s views on                    sponding after the fact.                               mocracy erodes with it.
                                             that. The person who looks like they                      Let that one sink in.                                  My constituents in Alaska do not
                                             are going to be BLM manager is saying                     Has anyone here seen the movie ‘‘Mi-                 think Mr. Chipman is remotely quali-
                                             that if there is a fire in, say, a national             nority Report,’’ with Tom Cruise? That                 fied. And, by the way, I am starting to
                                             forest in Alaska and you have a cabin                   is actually what that movie was about:                 hear that it is not just Republicans
                                             there: ‘‘Let the fire burn the cabin                    Let’s arrest people before they commit                 who have this view, but some of my
                                             down.’’ I mean, this is outrageous. It                  a crime.                                               Democratic colleagues have this view.
                                             was just 10 months ago. It is dis-                        He has actually advocated arresting                  And I hope that is true.
                                             turbing. And, again, I ask that the                     people who failed background checks.                     Further, several former ATF career
                                             President pull that nominee.                            This is extreme, to say the least.                     officers with whom Mr. Chipman
                                               I would also request that another                       And it is, apparently, not only the                  served, sent a letter recently to the
                                             nominee—here we go again—who has                        Second Amendment that he wants to                      Senate saying: His strong personal be-
                                             been put forward by the Biden adminis-                  do away with. In his recent confirma-                  lief on firearm issues will create seri-
                                             tration should also be withdrawn. And                   tion hearing, he appeared to want to                   ous long-lasting problems for the Bu-
                                             I think some of even my Democratic                      ban all rifles larger than a .22-caliber               reau in the effective execution of its
                                             colleagues have concerns about Mr.                      rifle. He couldn’t define what con-                    law enforcement mission.
                                             David Chipman to head up the Bureau                     stitutes a so-called assault rifle. But                  The Biden administration should
                                             of Alcohol, Tobacco, Firearms and Ex-                   good luck protecting yourself in the                   withdraw his nomination, just like it
                                             plosives, ATF. He is another extreme                    Alaska wilderness with a .22.                          should     withdraw     Tracy    Stone-
                                             activist, this time against the Second                    He also called for more burdensome                   Manning’s. Our country doesn’t need
                                             Amendment and Second Amendment                          regulations on popular sporting rifles                 radical officials in charge of very im-
                                             rights. He will be in charge of an Agen-                under the National Firearms Control                    portant Agencies, particularly impor-
                                             cy, if confirmed, that is actually in                   Act. And in his work restricting the                   tant for my State, who do not view the
                                             charge of law enforcement with regard                   Second Amendment, he has lobbied                       law and the Constitution in the way
                                             to firearms.                                            Congress for universal background                      they should. I hope my colleagues on
                                               As the senior Senator from Iowa so                    checks and instituting age-based gun                   both sides of the aisle work to defeat
                                             aptly put it, many see putting a com-                   bans, which would definitely not work                  these nominees if and when they come
                                             mitted gun control proponent like                       in my State, and wanting to establish                  for a vote in the Senate.
                                             David Chipman in charge of the ATF                      a national firearms transfer delay pe-                   I yield the floor.
                                             like putting a tobacco executive in                     riod.                                                    The PRESIDING OFFICER (Ms.
                                             charge of the Department of Health                        Not only is he hostile to Second                     ROSEN). The Senator from Tennessee.
                                             and Human Services, or Antifa in                        Amendment rights, but, remarkably,                      UNANIMOUS CONSENT REQUEST—AMENDMENTS
                                             charge of the Portland police depart-                   the person they want to put in charge                    Mr. HAGERTY. Madam President, I
                                             ment.                                                   of firearms is condescending to the                    ask unanimous consent that the fol-
                                               Well said, Senator GRASSLEY. I agree                  people in America who actually own                     lowing amendments be called up to the
                                             100 percent with you. Count me in and                   them, as so many on the far left are,                  substitute and be reported by number
                                             the vast majority of my constituents                    especially first-time gun owners.                      and that they be the only remaining
                                             in Alaska for feeling the same way.                       In an interview in April 2020, during                amendments in order: First, Ernst, No.
                                               I want to talk briefly about why I                    the height of the pandemic, when it                    2639; Cornyn-Padilla, No. 2602; Wicker-
                                             feel so strongly about this nominee and                 started, he mocked first-time gun own-                 Stabenow, No. 2206; Cruz, No. 2389; Lee,
                                             am coming down to speak out against                     ers who were purchasing firearms. Re-                  No. 2517; Grassley-Klobuchar, No. 2500;
                                             this nominee as well.                                   member, this was a rather uncertain                    Crapo-Wyden, No. 2507; Blackburn, No.
                                               The Second Amendment is not some                      troubling time during the country. And                 2328; Warner-Portman, No. 2617; Wyden-
                                             lower class constitutional right. It is                 he talked about these people putting                   Lummis-Toomey, No. 2619; Cantwell,
                                             the Second Amendment to the Con-                        themselves and their families in danger                No. 2588; Wyden-Murkowski, No. 2603,
                                             stitution. In my office, I actually have                because they are going to go buy a fire-               Cantwell-Braun, No. 2621; Van Hollen,
                                             the Bill of Rights emblazoned on the                    arm.                                                   No. 2613, as modified; Cruz-Lun, No.
                                             wall of my office—every word of it—to                     He said: First-time gun owners                       2490; Daines, No. 2599; Sullivan, No.
                                             remind me, and others who come there,                   should put their guns away in their                    2586; Shelby, No. 2535; Rounds, No. 2636;
                                             just how important this is for our                      cabinets behind their ‘‘beef jerky and                 Sinema-Portman, No. 2620; further,
                                             country. If my colleagues believed that                 cans of tuna’’ that they had presum-                   that the Senate vote in relation to all
                                             the Second Amendment was as impor-                      ably been saving for the apocalypse and                pending amendments, with no amend-
                                             tant as other amendments—freedom of                     only take out the weapons when ‘‘the                   ments in order to the amendments
                                             speech, the right to a jury trial, protec-              zombies start to appear.’’                             prior to a vote in relation to the
                                             tions against search and seizures—they                    This is the guy the President has put                amendment; and that if a rollcall is or-
                                             wouldn’t be supporting Mr. Chipman as                   forward to be in charge of firearm laws.               dered, then 60 affirmative votes be re-
                                             head of ATF, the law enforcement                        I guess he thought he was being clever                 quired for adoption for the amend-
                                             Agency tasked with enforcing our Na-                    in the same way that former President                  ments listed in this agreement, except
                                             tion’s    firearm     laws.    They    just             Obama thought he was being wise when                   for Lee, No. 2517; Warner, No. 2617;
                                             wouldn’t.                                               he spoke on high about people in rural                 Wyden, No. 2498; Ernst, No. 2639; and
                                               Let me talk a little bit about his                    States clinging to their guns and their                Grassley, No. 2500; and that there be 2
                                             background. I respect Mr. Chipman’s 25                  religion. But most of us don’t find this               minutes for debate, equally divided,
                                             years as an ATF agent, but when he                      funny, especially my constituents.                     prior to each vote.
                                             left government, he has spent his time                    In Alaska, we take our gun rights                      The PRESIDING OFFICER. Is there
                                             working as a gun control advocate and                   very seriously. We need firearms to put                an objection?
                                             is well-known for his views—extreme                     food on the table, to defend ourselves                   Ms. SINEMA. Madam President.
                                             views—on      restricting     the   Second              in the wild—rural, urban, Native, non-                   The PRESIDING OFFICER. The Sen-
                                             Amendment.                                              Native, all races, all income levels. Re-              ator from Arizona.
                                               For instance, on an online site in                    sponsible gun ownership is part of the                   Ms. SINEMA. Reserving the right to
                                             2019, he said the following, which is re-               fabric of my State; so is valuing our                  object. As my esteemed colleague from




ctelli on DSK11ZRN23PROD with SENATE
                                             markable:                                               constitutional right, especially our                   Tennessee is aware, and as we are all
                                               While at ATF I conducted studies involv-              Second Amendment.                                      aware, the Senate operates under unan-
                                             ing people who failed background checks to                We understand these rights form the                  imous consent, reserving the right and
                                             determine how many later committed crimes               foundation of our democracy, and when                  the prerogative of any one Senator to
                                             with a gun—many did.                                    these rights begin to erode, when peo-                 object to moving forward when consent
                                               I am still quoting him.                               ple in power pick and choose at will                   is not present.



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                                             S6044                                             CONGRESSIONAL RECORD — SENATE                                                      August 8, 2021
                                               Now, as the Senator from Tennessee                    there is a lot of merit, by the way, to                through Ways and Means Committee
                                             made clear yesterday in his remarks on                  address difficult subjects like infra-                 and Roads and Transportation, and by
                                             the floor, he has declined to provide                   structure. And I believe defense is the                the time we were done, we had roughly
                                             unanimous consent for a time agree-                     most important thing we need to do,                    45 out of 47 witnesses—stakeholders
                                             ment      moving     forward   in   this                and I generally have questions about                   from the manufacturing association to
                                             postcloture time period. I am sure it                   that: Why we don’t do audits, why we                   the Farm Bureau, to the Indiana
                                             will then come as no surprise to him                    don’t adhere especially to budgeting                   Truckers Association for it.
                                             that there are Senators on both sides                   here, why we don’t do budgets across                     We got people to buy in. And how did
                                             of the aisle who object to unanimous                    the entirety of the Federal Govern-                    we do it? We did it with diesel and gas
                                             consent on one or more of the amend-                    ment. I think, give or take, it has been               taxes.
                                             ments listed in his proposed list today.                20 years since we have done one and                      Some complained that we were rais-
                                             I am sure that he offers the same level                 have adhered to it.                                    ing taxes. It was in the context,
                                             of respect to those Senators, in deny-                     So in looking at our infrastructure                 though, in Indiana of a balanced budg-
                                             ing their unanimous consent, as has                     plan and the merits within it, everyone                et, rainy-day funds. We got one of the
                                             been offered to him as well.                            is going to find something that they                   best business climates in the country.
                                               Now, I am proud to report that,                       like. And I am talking about the $1.2                  So it was within a system that was
                                             throughout this bipartisan process, we                  trillion infrastructure plan. I think                  working.
                                             have produced, over the course of a                     probably for roads and bridges and a                     I think what disturbed me, listening
                                             number of months, a piece of legisla-                   lot of that physical hard infrastruc-                  a little bit ago, is—I agree with Sen-
                                             tion drafted entirely by the inde-                      ture, the need is even more than that.                 ator DURBIN, this is a shared blame in
                                             pendent and bipartisan Members who                         But Senator CARPER, who used to run                 terms of how we have gotten here. My
                                             have worked together over this number                   a State—I used to be on a school board                 observation, building a business, frus-
                                             of months. We have introduced the leg-                  in my hometown for 10 years and                        trated each night coming home and lis-
                                             islation, and we have had robust debate                 served as a State legislator, with the                 tening to the news is that starting
                                                                                                     intention of going there to do some-                   nearly two decades ago or so, when we
                                             and, I am proud to say, the consider-
                                                                                                     thing on infrastructure in Indiana, the                went from Democrat and Republican
                                             ation of 22 amendments on this bipar-
                                                                                                     crossroads of America, living in the                   administrations that did believe in
                                             tisan bill. It has been an open and wel-
                                                                                                     southern part of the State that has                    maybe having some political will—in
                                             coming process.
                                               As    we     are   currently  in   the                never had its fair share.                              other words, paying for the things we
                                                                                                        I think you need to be entrepre-                    do here in a way that is not borrowing
                                             postcloture debate time, again, as I
                                                                                                     neurial through government in certain                  the money. Borrowing money is some-
                                             have mentioned, it requires unanimous
                                                                                                     cases, especially at the local and State               times OK if it is a tangible asset. That
                                             consent to both move forward with all
                                                                                                     level where you are accountable, to                    is an investment. That kind of makes
                                             of the amendments or any of the
                                                                                                     where your entrepreneurism through                     sense, and this has a little bit of that
                                             amendments as well as a time agree-
                                                                                                     government—and I almost don’t like to                  component as well.
                                             ment. And, as we have seen today, we                                                                             But, in general, when you become a
                                             do not have unanimous consent on ei-                    use that word because I have been a
                                                                                                                                                            nation of consumption and spending,
                                             ther a time agreement or on moving                      Main Street entrepreneur my entire
                                                                                                                                                            and you are putting it on display in a
                                             forward on amendments, and, there-                      life and it is hard to use that as an
                                                                                                                                                            way like we have over several decades
                                             fore, I propose that we continue mov-                   analogous term to what we do here.
                                                                                                                                                            here from the Gulf wars to what we did
                                             ing forward under regular order.                           Anyway, Senator DURBIN was talking
                                                                                                                                                            in 2008 and 2009, looks like small
                                               And, with that, I object.                             about, I think, more than just the con-
                                                                                                                                                            change compared to what we are doing
                                               The PRESIDING OFFICER. Objec-                         tent of the bill. I—generally when I am
                                                                                                                                                            right now.
                                             tion is heard.                                          coming down to vote for something—                       I don’t begrudge trying to get things
                                               The Senator from Tennessee.                           look at the principles that I know have                done in an effective way. But I want
                                               Mr. HAGERTY. Madam President,                         worked in the real world in building a                 the American public to understand
                                             the Senator’s objection exposes the                     business or running a school board,                    clearly that when you borrow money to
                                             Democrats’ true intention. I have                       local or State government. He referred                 spend it or consume it, that has never
                                             never objected to considering amend-                    to something that really caught my in-                 ended up well in the long run.
                                             ments on this bill—not once. Demo-                      tention; and that is, inevitably, in                     I read a book given to me by our
                                             crats say they want amendments, but                     times like these we will then, on our                  friend Mike Enzi called ‘‘The Empire of
                                             they can’t take yes for an answer. The                  side, revert to wanting to do a balanced               Debt.’’ Actually, in that reading, it
                                             Democrats’ true intention is to rush                    budget amendment. Of course, I have                    took a dismal subject, looked at it his-
                                             this bill through so that they can                      been a proponent of that and term lim-                 torically, put a little humor alongside
                                             hurry up and light the fuse on their $3.5               its as well—not at the local and State                 it—because you need that to get
                                             trillion spending spree—a socialist debt                level, but here.                                       through it, to see how this ends up. It
                                             bomb—and then leave town for vaca-                         I don’t think that the Founders ever                has never worked well.
                                             tion.                                                   intended us to grow a government like                    If you are, by nature, spending and
                                               If they want to vote on amendments,                   this, that for all the good intentions of              consuming and borrowing the money to
                                             why would the Senator object to my                      policy that we want to put in place, to                do it, I did not need to be a finance guy
                                             reasonable request? The only way the                    where we do it on the back of bor-                     from business school and have an eco-
                                             Democrats will agree to the amend-                      rowing money and not doing it in a                     nomics degree from undergrad to know
                                             ments is if they can rush this bill                     way that is painful, takes political                   that doesn’t work.
                                             through.                                                will.                                                    Even the folks who lean toward
                                               I suggest the absence of a quorum.                       I will never forget, back in Indiana,               Keynesian economics and the Milton
                                               The PRESIDING OFFICER. The                            2017, 70 percent of Hoosiers wanted bet-               Friedman proponents that like to look
                                             clerk will call the roll.                               ter infrastructure. We polled, and 70                  at the money supply, no one in even
                                               The bill clerk proceeded to call the                  percent didn’t want their taxes to go                  current liberal economists are buying
                                             roll.                                                   up. Fiscal conservatives like me even                  into this idea of the modern monetary
                                               Mr. BRAUN. Madam President, I ask                     got in trouble talking about paying for                theory.
                                             unanimous consent that the order for                    it, not borrowing the money, not push-                   That, to me, just does not make
                                             the quorum call be rescinded.                           ing it down the road. At least there you               sense. When I look at where we are at
                                               The PRESIDING OFFICER. Without                        can make the argument, you need a                      today talking about infrastructure—




ctelli on DSK11ZRN23PROD with SENATE
                                             objection, it is so ordered.                            dedicated stream of payment for some-                  which polls well because the American
                                                                   H.R. 3684                         thing that we most agree is essential.                 public knows we need it. But then
                                               Mr. BRAUN. I was listening with in-                      When you drive that point home and                  when we dispense it in a way that is ir-
                                             terest earlier to Senator DURBIN and                    when you took it through regular                       responsible in terms of how we pay for
                                             Senator CARPER talking about not only                   order—listen to this—nearly 2 to 21⁄2                  it, I couldn’t have been for that from
                                             the bill in front of us—but I think                     months in a 3-month session, we ran it                 the get-go.



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                S6045
                                               It was also inextricably linked to the                Euro and European Union looked like                    ernment doing it. That is giving us a
                                             $3.5 trillion of using a word like ‘‘infra-             it was working, you had countries                      healthcare system that Warren Buffet
                                             structure,’’ which we all know refers to                within it—Italy, Greece, Spain, Por-                   cites as a tapeworm on our economy.
                                             tangible, and now trying to do it on                    tugal—that showed that you couldn’t                    We need something better.
                                             stuff that isn’t tangible. That is con-                 do it, and then it threatened the integ-                 But we should have a common inter-
                                             sumption.                                               rity of the EU itself. The Euro at that                est there. Make it transparent so we
                                               I think there are merits of discussing                time was starting to become a reserve                  can shop for it like you do anything
                                             childcare, the high cost of post-sec-                   currency. It impacted them as well.                    else, including a big-screen TV and gro-
                                             ondary education, but we ought to do it                 They had to go through the hard medi-                  ceries. If you have transparency and
                                             like we did back in Indiana, when we                    cine of getting back in line.                          you can compete in terms of how you
                                             were talking about infrastructure. Run                    So when we get through with this ex-                 shop, that would work.
                                             it through regular order, bring in ex-                  ercise, again, we are talking about                      If we did that with health insurance,
                                             perts and stakeholders across the coun-                 something we need. But if we don’t                     with healthcare costs, we could start
                                             try to buy into it.                                     couch it in the discipline of having po-               the process here, because Medicare,
                                               Here, I see—and I used it just re-                    litical will, in doing it to where it is               that our elderly depend on, goes broke
                                             cently—if you try to be entrepreneurial                 going to be sustainable and not to                     in roughly 5 years; automatic benefit
                                             through government, which is what I                     where it is going to put us even more                  cuts across the board. That is waiting
                                             think is on display here, part of that                  in peril in terms of our Federal balance               to solve something once you are in a
                                             equation is, yes, you got to take a lit-                sheet, it doesn’t end up well for our                  crisis.
                                             tle risk, you got to get it out there.                  kids and grandkids. That is what wor-                    We ought to roll up our sleeves on it,
                                             But no one would put this much at                       ries me.                                               on Social Security. And we need to
                                             stake and try to be entrepreneurial by                    And on two notes, we have got geo-                   quit turning discretionary spending,
                                             borrowing the money. You would be al-                   political competition. Senator DURBIN                  which requires budgeting, into manda-
                                             most certain to fail because in the real                mentioned that as well. Even they have                 tory spending simply because we don’t
                                             world—school board, local, State gov-                   shed communism. They have become                       want to go through the rigor that any
                                             ernment, and especially in enterprise—                  almost expert state capitalists. They                  school board, State government, local
                                             you have got other rigors that won’t                    have an authoritarian system. That                     government, or especially business
                                             let you do that.                                        will probably be their limitation in the               would do to be successful in the long
                                               And you cannot count on a Fed, like,                  long run.                                              run.
                                             since last year, has been accommo-                        If they ever liberalize their capital                  So I think we have got a bit of time
                                             dating and basically printing money in                  markets or, God forbid, their political                that we could do this, and maybe do it
                                             the basement by buying a lot of this                    system, you can’t imagine the impact                   preemptively, or we can run this thing
                                             debt and is committed to do it even on                  that would have on us and our cur-                     into the ditch. And for the people who
                                             this, as well as the major piece that is                rency. So they are playing the long                    love the Federal Government and want
                                             going to drop here in a few days.                       game. They are savers and investors.                   to grow it as a growth business, who
                                               So my concern is that maybe we, as                      And we have got to be careful, be-                   are political entrepreneurs, I would
                                             Republicans, are a little slow-footed                   cause they have at least realized that                 think that side of the aisle would be es-
                                             when it comes to engaging in real                       you can’t replace the productive econ-                 pecially concerned about its long-term
                                             issues. I agree with Senator DURBIN                     omy with a centralized system, and                     health.
                                             that we have been on this journey for a                 they are actually moving in that direc-                  And for those of us who always talk
                                             long time. That doesn’t mean you dou-                   tion, sadly, with an authoritarian po-                 about it and then seem to be part of
                                             ble down and triple down. Listen to                     litical system underlying it.                          the same old thing that occurs each
                                             this. I got here 21⁄2 years ago, roughly                  One other place I will use as an ex-                 year, that is being a hypocrite, because
                                             $21.9 trillion in debt. We are now                      ample: We should be looking at what is                 we have gotten here not with one party
                                             roughly $28.6 trillion in debt, not in-                 driving our trillion-dollar deficit. He                driving us; both have been in the vehi-
                                             cluding what we are going to do here                    mentioned the Laffer curve. We were,                   cle that is ready to run us into the
                                             on this hard infrastructure bill and the                pre-COVID, at a point where I think                    ditch.
                                             $3.5 trillion. All of it has merit for dis-             was a sweet spot of where we needed to                   I yield the floor.
                                             cussion, but if you spend money and                     be.                                                      I suggest the absence of a quorum.
                                             consume it and borrow it without hav-                     Wages were rising in the most dif-                     The PRESIDING OFFICER (Mr.
                                             ing the political will of doing what you                ficult places. I, more than probably any               PADILLA). The clerk will call the roll.
                                             have to do in any other entity—pay for                  other Senator, since I am the freshest                   The senior assistant legislative clerk
                                             it sustainably, it is not the foundation                off the street of a Main Street enter-                 proceeded to call the roll.
                                             for this place or any entity.                           prise—it was a little company that                       Mr. ROMNEY. Mr. President, I ask
                                               I want to give you a little description               grew into a national one over 37                       unanimous consent that the order for
                                             about what we do here currently. We                     years—basing it on having a conserv-                   the quorum call be rescinded.
                                             spend $4.5 trillion a year. We take in                  ative balance sheet, not to ruin your                    The PRESIDING OFFICER. Without
                                             revenues of $3.5 trillion. That is a                    business by borrowing too much money                   objection, it is so ordered.
                                             chronic trillion-dollar deficit. That is                even when you have access to it.                         Mr. ROMNEY. Mr. President, it is
                                             borrowing 23 cents roughly out of every                   And, here, I see that same thing hap-                said that politics is the art of the pos-
                                             dollar that you spend. And, again, it is                pening here. We will be outrun by our                  sible, and I am afraid that, over time,
                                             not for a tangible investment; it is for                competitors who are long-term think-                   someone might argue that politics has
                                             consumption.                                            ers, who are investors, not spenders                   become the art of confusion.
                                               Now, with what we are baselining                      and consumers. And if we wanted to                       There is so much confusion that goes
                                             into the future, that is going to go up                 really right the ship, we ought to be                  on around issues of significance that in
                                             to close to $1.5 trillion. And we ought                 tackling the high cost of healthcare.                  some cases, the media or the public has
                                             to be looking at what is driving the                      We all agree, I think, that that is a                a hard time quite getting to the bot-
                                             current dysfunction and try to get this                 broken system. One side of the aisle                   tom of what is a fact and not a fact.
                                             place back into a solid footing, rather                 wants to dump more government into                       Perhaps, in some cases, the confusion
                                             than putting it in peril, where history                 it by making it a one-payer system.                    is purposely spread by politicians like
                                             has shown it does not work out, every                   What we ought to do first is reform the                me and by others. So I hope today to be
                                             country that has tried it has not had it                industry, like I did in my own company                 able to reduce some of the confusion




ctelli on DSK11ZRN23PROD with SENATE
                                             work out.                                               with health insurance, with a few sim-                 for those who are paying attention to
                                               The Europeans, who have fashioned a                   ple principles. Make it consumer-driv-                 this debate. I will begin by focusing on
                                             system maybe a little bit erring on                     en to where every individual should be                 some things that I think we can pretty
                                             that side, have never had an economy                    a healthcare consumer—not relying on                   much all agree on.
                                             that grows much more than 2 percent.                    your insurance that pays for every-                      The first is that we as a nation need
                                             And probably 4 or 5 years ago, when the                 thing from your employer or the gov-                   to invest in our infrastructure. Our



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                                             S6046                                             CONGRESSIONAL RECORD — SENATE                                                       August 8, 2021
                                             highways are often in disrepair. In                     various weather events that have                       reduce the deficit? Let me tell you
                                             many places, people spend way too long                  caused blackouts in various parts of                   something. That will never happen be-
                                             getting to and from work. People in                     our country. Fortunately with regards                  cause our Democratic friends are plan-
                                             business that are shipping goods from                   to power, in this legislation, we also                 ning on putting in place a $3.5 trillion
                                             one place to another find that they get                 add some efforts to look at new tech-                  bill of their own which would surely
                                             stuck in traffic for long periods of                    nologies—nuclear, hydrogen, battery                    grab all of that money and everything
                                             time. That hurts our economy. It                        power, and so forth—as a way to reduce                 else that comes along.
                                             makes it difficult for us to be competi-                our dependence on oil and gas.                           So it is not going to go back into the
                                             tive globally. I think we mostly can                      Permitting reform—I think we also                    accounts of the Federal Government to
                                             agree with that.                                        recognize that sometimes it takes way                  reduce the deficit and the debt; it is,
                                               Bridges, as well—we have got our                      too long for projects to get underway,                 instead, going to be used on the spend-
                                             structural engineers who say that lit-                  and that adds to cost and is frustrating               ing spree that my colleagues across the
                                             erally thousands of bridges across this                 to consumers as well.                                  aisle are planning on carrying out
                                             country are in disrepair. Some are in                     All these elements and more are ad-                  soon. I affectionately call that $3.5 tril-
                                             such bad repair that trucks have to go                  dressed in this bipartisan infrastruc-                 lion spending spree the blue whale. It is
                                             to long-distance routes to avoid those                  ture agreement that is before the Sen-                 very, very large—the largest. It is soft,
                                             bridges that are so damaged.                            ate right now. That is what this bill is               and it is blue. But ours is going to be
                                               We need also to make an investment                    all about: addressing those infrastruc-                used for real, hard infrastructure. Of
                                             in our rail. For some time, I lived in                  ture needs.                                            course, it is about one-seventh the size
                                             the Northeast. People travel from Bos-                    I would note that this is not a par-                 of the blue whale, and I might call it
                                             ton to New York and New York to                         tisan issue. It has not been. Every mod-               the roadrunner by comparison.
                                             Washington and so forth on Amtrak,                      ern President—well, I should say every                   Now, I recognize that there has been
                                             and in many cases, it takes almost as                   President in the modern era has pro-                   some criticism of this bill, and it is not
                                             long to get to those places on Amtrak                   posed an infrastructure package, the                   without faults. It was, after all, the
                                             as it would to drive because the rail is                need to improve our infrastructure.                    product of work by Republicans and
                                             in such disrepair and because pas-                      President Trump, the last administra-                  Democrats. Ten of us were tasked by
                                             sengers compete on that rail with                       tion, proposed a $1.5-trillion plan.                   our group of 22 to see if we could come
                                             freight. So we need to upgrade our rail                   Now, the bipartisan proposal is $550                 up with something, and to get Repub-
                                             system.                                                 billion, about one-third of President                  licans and Democrats to agree to some-
                                               Our transit is, in many cases, also in                Trump’s proposal. Now, again, confu-                   thing together means that there are
                                             disrepair. We use old technology for a                  sion sometimes reigns here because we                  some things we like better and some
                                             lot of our railcars. Modern technology                  hear all sorts of numbers, but this is                 things my colleagues across the aisle
                                             has the cars themselves that are pow-                   $550 billion above what we normally                    like better.
                                             ered as opposed to being pulled by a                    spend. So if you add in what we nor-                     There are some things, if it were just
                                             huge locomotive or engine. We can im-                   mally spend, that gets you to the high-                up to Republicans, we wouldn’t have in
                                             prove the technologies we are using.                    er number of about a trillion. People                  there, and my guess is there are some
                                             We are just out of date there.                          talk about that, but that is a different               things, if it were just up to Democrats,
                                               I believe in buses. I think that we can               matter. That is the normal run rate                    they wouldn’t have in there. But it
                                             do a better job connecting commu-                       over the 5 years. If you add that to the               was, after all, a meeting of people from
                                             nities through transit systems like                     $550 billion, you get almost a trillion.               both parties to find something that
                                             buses that can change their routes as                     There is confusion also about how                    could actually get a bill done because,
                                             commuting routes also change.                           many pages there are. The reality is,                  as the Presiding Officer knows, we have
                                               I think we can agree that broadband                   yes, there are 2,700 pages in this bill,               had several Presidents try to get a bill
                                             ought to be available to all Americans,                 and I think the public says: How in the                done, and it has never gotten across
                                             whether in rural areas or in low-in-                    world could anyone possibly read some-                 the finish line. So this was an effort to
                                             come areas. Kids need to be able to                     thing like that and keep up with it?                   say: Let’s break the logjam and get
                                             connect to their school and get their                   Well, as the Presiding Officer knows,                  something actually accomplished so we
                                             assignments and follow what is going                    about 2,000 pages of this were already                 can deal with the infrastructure chal-
                                             on in the world through the media,                      passed by the various committees of ju-                lenges that we virtually all agree
                                             through the internet. People need to be                 risdiction. And some of the people who                 America faces.
                                             able to use telehealth to get consults                  are most vocal in criticizing these 2,700                Now, criticism is expected, and I
                                             with doctors. If we are going to have                   pages to read, they have had access to                 would note that criticism is also pretty
                                             economic growth in depressed areas of                   those 2,000 pages, or portions of them,                easy. Anytime you have a bill that is
                                             our urban areas or in our rural parts of                already because they are on the com-                   worked up by compromise between two
                                             our country, we need to have busi-                      mittees that passed them. And, of                      sides, why, the side that looks at the
                                             nesses know that they have access to                    course, in addition to the 2,000 pages,                other side’s work is going to criticize
                                             high-speed internet, or they simply                     there are other pages that have been                   it. I can point out all the things I don’t
                                             won’t go there.                                         written and are before committees to                   like about the bill. I won’t waste any-
                                               Our water systems are in need of re-                  consider.                                              one’s time doing that.
                                             pair. We have some water systems that                     Something else I would note, and                       I do ask my colleagues: OK. If you
                                             date back a hundred years, pipelines                    that is, in addition to not having raised              don’t like this bill, what bill do you
                                             back a hundred years. We are going to                   taxes to pay for this $550 billion infra-              like instead? What would you do in-
                                             have to upgrade some of these. We have                  structure program, this bill is paid for.              stead? President Trump’s $1.5 trillion
                                             lead pipes such as in Flint, MI. That                   The Congressional Budget Office has                    bill? How would you pay for that one?
                                             disaster there can’t be repeated any-                   scored about one-half of it as being                   What would you spend that money on?
                                             where else, and we have to do a better                  paid for under their rules. The other                  Because ours is one-third the size of
                                             job making sure that we don’t have an                   half is also paid for by real dollars—not              that proposal.
                                             adjustment to the pH in the water such                  the way CBO scores it under their rules                  So one can stop and say: What would
                                             that we have lead pipes beginning to                    but just as real. Sometimes, for in-                   you do instead?
                                             leach. In some cases, we are going to                   stance, a pile of funding, a pile of cash,               I know some people would say: Well,
                                             need to remove and replace lead pipes.                  has been previously allocated and not                  nothing at all. We don’t want to spend
                                               Wildfires are becoming a bigger and                   used, and so it goes back to the Treas-                any money at all. No bill. Let’s not




ctelli on DSK11ZRN23PROD with SENATE
                                             bigger issue in the American West, and                  ury. The CBO says: Well, we can’t score                spend a dollar on infrastructure.
                                             we need to have a better program to                     that because it has already been appro-                  That is, I am afraid, not an option in
                                             mitigate and prevent wildfires.                         priated once. I understand that, but it                reality because we have two options.
                                               Our power grid, in many cases, needs                  is real dollars.                                       One is to accept the bipartisan work of
                                             to be upgraded. It is vulnerable to                       You might say: Well, why don’t we                    our respective colleagues, and the
                                             cyber attack. It is also vulnerable to                  just let it go back to the Treasury and                other is just to say: Hey, because the



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                 S6047
                                             Democrats have the House and the                          I subscribe to what LINDSEY GRAHAM                   tion of bipartisan collaboration and
                                             Senate and the White House, just let                    said. He said: I think we can make it                  regular order. Nearly 2,000 of the 2,700
                                             them do it all by themselves without                    pretty clear to our voters that we love                pages already passed out of committees
                                             any Republican input at all.                            one and we hate the other. That is                     with bipartisan support and are await-
                                                I am pleased that the President de-                  what my Republican colleagues would                    ing floor action. This includes the 1,200
                                             cided not to take that course and that                  hopefully say. That is the way I feel. I               page surface transportation reauthor-
                                             Democratic leadership here in the Sen-                  love one; I hate the other.                            ization from EPW and the Commerce
                                             ate has concluded as well that is not                     But I happen to feel that this is not                Committee in advance of its September
                                             the right course to take; that a bipar-                 so much a matter of confusion as a                     30 expiration.
                                             tisan approach was better. But let me                   matter of recognition of what is right                   In total, a combined 61 senators on 4
                                             note that if the option were taken to                   for America because, by being for this                 committees put together the bills,
                                             have a Democratic-only bill, my esti-                   bill even though there is a risk of some               many of which have been sitting out
                                             mate is that it would cost about $500                   confusion, we do save about $500 billion               there publicly for months, that form
                                             billion more than our $550 billion bill;                for the American people and reduce the                 the core of this bill today.
                                             that it would expand union rights                       deficit over time by about $500 billion.                 Across the nation we have roads and
                                             through Davis-Bacon, with prevailing                    We do restrict Davis-Bacon from being                  bridges in various states of decline and
                                             wages on areas where they are not cur-                  expanded into areas where it is not                    disrepair, a rail system that is out of
                                             rently existent; that there would be                    now. We do hold down some of the                       date, transit that is slow and in need of
                                             more money going into things like                       transit spending and the Amtrak                        an upgrade, a lack of high-speed trans-
                                             transit and Amtrak, more money for                      spending. We hold down administrative                  portation opportunities from one part
                                             lead pipes, more money for administra-                  costs and the number of Federal em-                    of a city to another, and entire commu-
                                             tive costs.                                             ployees who are going to be hired for                  nities that are unable to access high-
                                                We hold administrative costs down to                 these programs.                                        speed broadband. If you look at other
                                             3 percent of this bill. There were many                   So, in my opinion, we have to put                    nations, you can see that we have fall-
                                             efforts to try to raise that as high as 10              aside sometimes the politics for what                  en behind when it comes to our infra-
                                             percent. That would mean tens of thou-                  is absolutely right for America. I am                  structure and it is impacting our pro-
                                             sands of new Federal Government em-                     sure some people are a little disturbed                ductivity as a nation. China, for exam-
                                             ployees. We held it down to 3 percent.                  when they see headlines that say: Oh,                  ple, invests; four times more than we
                                             That, in my opinion, would change if it                 this bipartisan effort would look like a               do because they recognize the impor-
                                             were simply a partisan, one-party bill.                 win for Biden. Well, it is a win for Re-               tance and strategic value of strong in-
                                                We made some of these funding ef-                    publicans, and it is a win for Biden. It               frastructure, and they aren’t slowing
                                             forts into loan programs where States                   is a win for Democrats. It is a win for                down.
                                             or people who would take advantage of                   the Senate to say that we can work to-                   Several months ago, a bipartisan
                                             the funding would ultimately pay them                   gether, that we have been able to over-                group of Senators came together to
                                             back. My guess is, if it were a bill that               come partisan differences to do some-                  work on an infrastructure because we
                                             did not have our input, some of those                   thing that is right for America.                       recognize that in order to compete
                                             would be transferred into grants.                         Mr. President, I am convinced that                   with nations like China, we need to in-
                                                Now, there is another criticism that                 this is a win for America. I support this              vest in ourselves and address our na-
                                             gets raised, and that is that this bipar-               legislation. I am proud to have been                   tions hard infrastructure needs. Many
                                             tisan agreement and the bill before us                  part of the effort to help draft it and                people in my party believe by working
                                             are just a gateway to the blue whale;                   negotiate it. I admire and respect my                  on this bipartisan product we have
                                             that this is going to open the door to                  colleagues on both sides of the aisle                  handed a win to the Democrats, but
                                             the $3.5 trillion plan that the President               who have worked on this legislation.                   this bill is a win for America as a
                                             has proposed.                                             We calculated just the other day that                whole.
                                                I don’t really follow that one terribly              we had had over 50 meetings amongst                      Yes, there are aspects of this bill
                                             well, that argument, because obviously                  that group of individuals—just the ones                that I would not have included if I had
                                             if there is no agreement on this legisla-               that I attended—over the last several                  written it on my own, and I am sure
                                             tion, if it doesn’t pass or if the House                months in preparation for this bill. It                my Democratic colleagues would say
                                             blows it up in some way, why, then this                 is not a slapped-together effort. It was               the same thing, but that is the nature
                                             effort, the hard infrastructure effort,                 carefully considered. It was drawn                     of compromise. And when the alter-
                                             will just be added to the blue whale, to                upon and built upon legislation already                native is the Democrat’s writing and
                                             the $3.5 trillion. That is going to get                 passed by committees, overwhelm-                       passing their own infrastructure bill
                                             done anyway, and this would become                      ingly, time and time again, wherever                   that would go far beyond the bound-
                                             part of that.                                           we could.                                              aries of traditional infrastructure, I be-
                                                So there is going to be an effort to                   I certainly hope that the Senators                   lieve working together and making
                                             pass a blue whale one way or the other.                 from both sides of the aisle will join to-             compromises is more important than
                                             I hope that doesn’t pass, by the way.                   gether in passing this legislation, send-              playing political games and holding up
                                             But this is not a gateway to anything                   ing it to the House; that the House will               a product that is good for all Ameri-
                                             but a gateway to better roads, better                   address it in a way that is consistent                 cans.
                                             bridges, better water, better broadband                 with what we have agreed to and we                       There is a lot of misinformation
                                             into rural communities, and a better                    can send it to the President and help                  about what is included in this infra-
                                             economic vitality for our country.                      America finally get its infrastructure                 structure bill. Let me echo my col-
                                                Now, I do admit that I do understand                 in order.                                              leagues who have spoken today and re-
                                             and appreciate the argument that is                       Thank you.                                           iterate that this legislation includes
                                             being made—one criticism that is                          America’s infrastructure is in des-                  only hard, physical infrastructure. It
                                             being made against this bill by some in                 perate need of upgrades and expan-                     addresses roads, highways, and bridges,
                                             my party, which is, by being in favor of                sions. Twice now we have had bipar-                    broadband deployment, water infra-
                                             this legislation for $550 billion, we are               tisan votes to proceed to the Infra-                   structure and clean water funds, ports
                                             going to confuse the voters, and they                   structure Investment and Jobs Act.                     and waterways, airport improvements,
                                             are going to think that we are also all                 This is an historic piece of legislation               and resiliency.
                                             just part of this big blue whale thing;                 that will address decades of neglecting                  This is really going to help my home
                                             that we are spending 550 and my col-                    our nation’s hard, physical infrastruc-                State of Utah where we have 2,064




ctelli on DSK11ZRN23PROD with SENATE
                                             leagues across the aisle want to spend                  ture.                                                  miles of roads in poor condition. Com-
                                             $3.5 trillion, and it is all just one big,                Because it is a comprehensive piece                  mute times are up 7.2% in the State
                                             massive spending mess, and it is going                  of legislation—a total of 2,700 pages—                 since 2011 and bad roads cost drivers an
                                             to be hard for the voters to understand                 some claim that this was dropped out                   average of $709 per year in repair. This
                                             the difference, and we are going to get                 of nowhere. That couldn’t be farther                   bipartisan      legislation    authorizes
                                             blamed for the whole mess.                              from the truth. This bill is a culmina-                roughly $2.7 billion in highway funding



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                                             S6048                                             CONGRESSIONAL RECORD — SENATE                                                      August 8, 2021
                                             for Utah over five years to construct,                  try, it shows that the Senate works,                   mittees, building on that framework,
                                             rebuild, and maintain its roads and                     preserves the filibuster, and gives hope               adding some more infrastructure to the
                                             highways.                                               to future compromises on important                     already robust infrastructure package,
                                               Beyond the transportation needs of                    pieces of legislation.                                 with high priorities for Republicans,
                                             Utah, this bill includes additional fund-                  I suggest the absence of a quorum.                  high priorities for Democrats, and, in
                                             ing for wildfire mitigation and recov-                     The PRESIDING OFFICER. The                          many cases, high priorities for both. I
                                             ery and $300 million to fund the out-                   clerk will call the roll.                              think that is the way a 50–50 Senate
                                             standing Emergency Watershed Pro-                          The legislative clerk proceeded to                  should expect to work and, I think,
                                             gram, $50 million for the Central Utah                  call the roll.                                         does work.
                                             Project Completion Act, $100 million                       Mr. CRAMER. Mr. President, I ask                      I think one of the things that is most
                                             for drought contingency plan funding,                   unanimous consent that the order for                   heartening to me that I have seen so
                                             $1 billion for the FEMA Building Resil-                 the quorum call be rescinded.                          far is not even so much the work that
                                             ient Infrastructure Communities pro-                       The PRESIDING OFFICER (Mr.                          has been done, but the work that has
                                             gram, $214 million to fully fund the                    BROWN). Without objection, it is so or-                been acknowledged. I mean, when I
                                             Navajo Utah Water Rights Settlement,                    dered.                                                 look at the list of organizations that
                                             and $1.7 billion for the construction                      Mr. CRAMER. Mr. President, I want-                  support this—it is a list—I don’t
                                             and improvement of Indian Health                        ed to get down here and spend a few                    know—that is 140, 150 organizations
                                             Services sanitation facilities. It also                 minutes continuing the conversation                    long, and what I like about it is the di-
                                             includes my Wildland Fire Mitigation                    about this infrastructure package that                 versity of the list.
                                             and Management Commission Act                           is before us and that we will be voting                  I see, for example, that the Business
                                             which establishes a commission to                       on soon or at least the next step of                   Roundtable supports it. Well, you
                                             study and recommend fire prevention,                    that.                                                  know, those are the biggest companies
                                             mitigation, management, and rehabili-                      I think, to start things off, I, first of           in America. The U.S. Chamber of Com-
                                             tation policies for forests and grass-                  all, want to express my great dis-                     merce, they represent a wide range of
                                             lands.                                                  appointment that we have squandered                    businesses, but so does my local con-
                                               Investing in our nation’s hard infra-                 not minutes, not hours, but now sev-                   venience store and the paving com-
                                             structure is expensive. There are a lot                 eral days. For several days, we have                   pany; so does the AFL–CIO; so does the
                                             of different numbers flying around                      been negotiating, evidently, on an                     Small Business Roundtable. I love the
                                             right now but the Infrastructure In-                    ‘‘amendments package.’’ I am in my                     fact that the Farmers Union and the
                                             vestment and Jobs Act is $550 billion in                third year here and I still don’t under-               Farm Bureau support this infrastruc-
                                             new spending, not $1.2 trillion as some                 stand the way the Senate cannot do                     ture package. That tells you a little
                                             have said. Together our group has de-                   things as opposed to do them. And I get                something about how compromise and
                                             veloped a plan that is comprised of fis-                that every Senator has these incredible                common ground is found not just by
                                             cally responsible pay fors. We have al-                 powers and authorities and can ob-                     Senators; we are a reflection of the
                                             ways said the CBO wouldn’t give us                      struct whatever they want, and I honor                 people who we work for.
                                             credit for about of our pay fors includ-                that. When the time is right, maybe I                    I love looking at the list of agri-
                                             ing $173 billion in unused saving’s from                will do the same; I don’t know.                        culture entities besides the Farmers
                                             COVID–19 funds, $53 billion from cer-                      But I do think it is unfortunate that               Union and the Farm Bureau—but the
                                             tain States’ unused enhanced unem-                      we have what is really a pretty good                   commodity groups. Just about every
                                             ployment insurance claims, $53 billion                  bill to start with, but now that we have               one that is represented in North Da-
                                             in economic growth resulting from a                     opened it up for the last week or so to                kota, even the Beekeepers—North Da-
                                             return on investment these infrastruc-                  the opportunity for the rest of our                    kota is No. 1 in honey production. The
                                             ture projects will provide, among oth-                  Members—who weren’t on the commit-                     Beekeepers support this, as do, like I
                                             ers.                                                    tees of jurisdiction, who heard a lot of               said, pretty much every other com-
                                               In the past couple of days, you may                   this and who are seeing a lot of this for              modity group.
                                             have also heard about a provision that                  the first time several days ago—to now                   I think one of the other things that
                                             would supposedly allow the govern-                      improve upon it—and I say improve be-                  encourages me, as somebody who be-
                                             ment track your driving through a ve-                   cause I am familiar with a number of                   lieves strongly in federalism, as some-
                                             hicle     mileage     tax.     This     is              the amendments, and they are really                    body who believes strongly in self-gov-
                                             fearmongering and misinformation.                       good amendments, and they should be                    ernance as a reflection in Washington
                                             There is no vehicle mileage tax in the                  passed. Some aren’t as good. I would                   of the people back home, is the fact
                                             bipartisan infrastructure bill. What                    vote against them. Maybe we would                      that the Conference of State Legisla-
                                             you are hearing about is a study to de-                 kill most of them.                                     tures supports this. That is where the
                                             termine how we can tax electric cars                       The point isn’t whether we pass them                rubber meets the road in many cases.
                                             the same way the rest of us pay a gas                   or kill them. The point is that we                       And if that is not close enough to
                                             tax. It is not a tax but simply a re-                   should be voting on them—we should                     home, how about the Association of
                                             search tool.                                            be voting—and I know there are hun-                    Counties supports this legislation?
                                               Finally, the last thing I want to ad-                 dreds of them, and that could take a                     Now, those are the guys who really
                                             dress is the mischaracterization that                   long time, and absent an agreement,                    know about roads and bridges. They
                                             our efforts are somehow linked to pav-                  we don’t have the time. Either way, we                 are the ones who are hearing from
                                             ing the way for the Democrats $3.5 tril-                ought to be voting on them. We ought                   their constituents on a regular basis.
                                             lion dollar wish list. That bill was                    to be taking the time to vote on                       And when they aren’t hearing about it
                                             going to happen with or without this                    amendments, and so I am disappointed                   from them, they are driving them
                                             bill. The difference is, with our bill                  we aren’t. I am still hopeful that, in                 themselves, and they know where the
                                             passed, they will be jamming through a                  these waning hours, maybe we could                     potholes are; they know where the
                                             reckless tax and spending spree that                    get a couple of them. I just find it frus-             crumbling bridges are; they know
                                             includes a whole host of unpopular tax                  trating that we are sitting here, speak-               where the roads need repair or where a
                                             hikes and deficit spending.                             ing, instead of voting.                                good road might be built.
                                               At the end of the day, this is a good                    That said, I want to, again, express                  And if that is not close enough to
                                             bill on balance. It will be good for                    appreciation to the leadership of the                  home, how about the League of Cities?
                                             Utah, and it is good for every commu-                   bipartisan group. Senator PORTMAN and                    Our mayors in our big cities and our
                                             nity across the nation. It may not be                   Senator SINEMA have done incredible                    small towns support this legislation.




ctelli on DSK11ZRN23PROD with SENATE
                                             ideal, but we should not be letting the                 work, proving that the Senate can                      That tells you they are the ones who
                                             perfect be the enemy of the good, and                   work, building on the framework that                   have their ear to the ground. And, of
                                             it is better than what would have re-                   was passed by the Environment and                      course, our Governors—the National
                                             sulted had the Democrats had written                    Public Works Committee and the Com-                    Governors Association supports this.
                                             this bill alone. In addition to providing               merce Committee; and some of the                         My point being that this isn’t some-
                                             a much needed upgrade for the coun-                     work that is being done by other com-                  thing that came from on high. This is



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                 S6049
                                             not some sort of an ivory tower, you                    port; you need an adequate waterway;                   it is money on the demand side of our
                                             know, contrived under the dome of the                   and then those soybeans go someplace                   economy.
                                             U.S. Capitol. These are Senators, lead-                 else in the world to feed hungry people.                  The problem with that, of course, is
                                             ers, who are a reflection of the people                    My favorite illustration, of course, is             there is not a supply to support that
                                             back home—the folks back home:                          the pasta. And the reason I like to brag               demand. When you can’t shop, that is a
                                             small business, large business, me-                     about pasta is not because there are a                 problem. When the supply chain of
                                             dium-sized business, local government,                  lot of Italian foods and Italian res-                  manufactured goods is broken or you
                                             county government, State government.                    taurants in North Dakota, but we are                   can’t get lumber from a neighboring
                                               Even the Association of State De-                     the No. 1 producer of durum wheat.                     State or from Canada, that is a supply
                                             partments of Agriculture supports it.                   And durum wheat is produced in these                   problem.
                                             Our agriculture commissioners support                   massive fields in the Midwest—mostly                      But infrastructure, see, spends the
                                             it.                                                     in North Dakota, a little bit in Mon-                  money on the supply side of the econ-
                                               Why would an agriculture commis-                      tana, and some in Canada. With that                    omy. It pushes back against inflation
                                             sioner care about infrastructure? Why                   durum wheat, again, the farmer takes                   by doing that.
                                             would a commodity group care about                      it off the field and takes it by truck to                 How does it do that? Well, it does it
                                             infrastructure?                                         the grain elevator. But from there, it                 by all the ways I have talked about, ob-
                                               I think it is pretty obvious. Infra-                  has to go to a mill where it is milled                 viously, opening up the supply chain.
                                             structure is what moves our products                    into semolina flour, and the semolina                  Guess what. Infrastructure is—that is
                                             to market. Oh, and by the way, in case                  flour is sent somewhere where it is                    the means of the supply in the chain.
                                             you wonder if broadband is infrastruc-                  then made into pasta of all types.                     That is how you get inputs. It is how
                                             ture—I know there are some people                          But the 750,000 people in North Da-                 you get finished products back out to
                                             saying: That is not infrastructure; that                kota can’t eat all the pasta that is                   the market. It is on this infrastruc-
                                             is not hard infrastructure—you can’t                    made in the United States of America,                  ture. So it helps the supply chain side
                                             do a transaction today without                          so that pasta has got to get to other                  for sure.
                                             broadband.                                              places. In some cases it is Manhattan,                    But it also puts people to work in a
                                               You know, even if you order a load of                 Los Angeles, or it might be some coun-                 big way. Obviously, if you are moving
                                             soybeans or you sell a load of soybeans,                try overseas. Once again, pasta is light-              commerce to market, that is people.
                                             it is going to take a broadband internet                weight. It can even go by hangar. Oh,                  That is people working. Whether it is
                                             connection to do the transaction at                     that brings in the airports, which, by                 working on the train or on the rail-
                                             some point. You know, you might                         the way, bring a lot of the tourism                    road, whether it is working on the
                                             make a deal over the phone, and some-                   traffic to and from our great Nation.                  building of bridges and roads or build-
                                             body will send you a check—I don’t                         The point is that the reason there are              ing out the infrastructure, stringing
                                             know—but your local elevator needs                      some 150, 200 organizations—large and                  the fiber optics and burying them
                                             high-speed internet, and on and on it                   small and medium-sized—and the rea-                    under the ground and hooking them up
                                             goes.                                                   son that the overwhelming people in                    to homes and businesses and institu-
                                               I always like to use the illustration                 the United States of America support                   tions, or whether it is driving the
                                             of food because I think food, which we                  this infrastructure package is because                 trucks or working at the factory, you
                                             grow a lot of in North Dakota—and, by                   they know of the importance of it.                     are helping the supply side. And at the
                                             the way, if we had to eat it all, it                       The other thing that I love about in-               end of it, you have an asset. The great
                                             would be impossible. If we had to just                  frastructure is that it pushes against                 thing about a 5-year spending package
                                             use it all in the United States of Amer-                inflation. We are experiencing real in-                like this—a 5-year authorization pack-
                                             ica, it would be impossible. We grow                    flation in this country, and some call it              age—is you are building an asset that
                                             food for the world—for the world. Hun-                  ‘‘transitory,’’ which, I guess, is a cooler            is going to last well beyond the 5 years.
                                             gry people all over the world need what                 word for temporary. I think inflation is                  Now, when you just give cash as a
                                             is grown in places like North Dakota                    always temporary. Hopefully, it is al-                 stimulus, it may last a day, it may last
                                             and Ohio and other parts of our great                   ways temporary. The question isn’t                     6 months, and maybe it gets saved for
                                             country.                                                whether it is transitory, temporary, or                a couple years. But we are talking
                                               You know, we talk a lot about soy-                    permanent. The question is, When is it                 about a transportation infrastructure
                                             beans. Remember, in the last couple of                  over? When is it going to be over?                     that lasts decades—decades.
                                             years, we have heard a lot about the                       Well, one of the challenges—and, by                    That is why the Penn Wharton study
                                             importance of soybeans and getting                      the way, rightfully, so—I mean, we                     shows that it actually pays for itself,
                                             soybeans to market, getting them to                     spent a lot of money last year—lots of                 even if you didn’t have any pay-fors,
                                             the Pacific Northwest.                                  money to keep our economy afloat, and                  and we can talk about that in a little
                                               Well, guess how that happens?                         not just so much to keep the economy                   bit.
                                               The way it happens is the farmer                      afloat as much as to keep people afloat.                  Over the course of time, the economy
                                             combines the soybeans after they have,                  We didn’t know what this crisis was                    actually pays back the government for
                                             of course, been planted and nourished                   going to bring, this pandemic of ours.                 infrastructure. That is what pushes
                                             and then harvested—the soybeans—and                     We didn’t know how long businesses                     against inflation. That is what helps
                                             they get them to an elevator, a grain                   would be shut down. We didn’t know                     keep inflation down. That is what bal-
                                             elevator, and it takes a truck to do                    how long the global businesses would                   ances the demand with the supply.
                                             that.                                                   be shut down and global markets would                     And so there are lots of good reasons
                                               By the way, the trucks that go out in                 be inaccessible.                                       for us to do this.
                                             the field now—these aren’t little pick-                    And so to keep people whole, we bor-                   I want to talk a little bit about the
                                             up trucks. These aren’t even big grain                  rowed a lot of money. We printed lot of                pay-fors because it has been so talked
                                             trucks. These are big, big semi-trailer                 money. Our Federal Reserve, you                        about and, I think, in many cases
                                             trucks, and they need good roads and                    know, provided a lot of liquidity into                 grossly misrepresented.
                                             bridges. And they get those beans to                    the marketplace. That is all contrib-                     The pay-fors for the $550 billion new
                                             the elevator, and the elevator markets                  uting to the demand side of our econ-                  spending are real. I know that every-
                                             them, or in some cases they put them                    omy, the demand side.                                  body waited with bated breath for the
                                             in their own bins and wait for the price                   Well, when you have a lot of liquid-                CBO to prove us wrong, and yet the
                                             to go up and protect them.                              ity, a lot of cash again—call it stim-                 CBO proved exactly what we thought it
                                               But at some point they get on a train                 ulus, call it safety net, whether it is                would prove. It proved that where they




ctelli on DSK11ZRN23PROD with SENATE
                                             and they go to a place, like Seattle or                 the Paycheck Protection Program for                    can score—and, by the way, can I just
                                             someplace in the Pacific Northwest,                     small businesses or direct payments to                 say these are word salads. Words like
                                             and then they get on a ship from there.                 families or, you know, forgiveness of                  ‘‘score,’’ ‘‘pay-fors,’’ you know, ‘‘fili-
                                             Well, you can’t get on a ship unless you                loans or moratorium on evictions for                   buster,’’ these are word salads that if
                                             have a railroad track that gets you to                  landlords and renters—whatever you                     you stopped 100 people at the mall in
                                             the port—oh, and then you need the                      want to call it, it is a lot of money, and             Fargo or Bismarck, 99 wouldn’t even



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                                             S6050                                             CONGRESSIONAL RECORD — SENATE                                                      August 8, 2021
                                             know what you were talking about.                       other than probably the only thing                     Nevada and the Western States have
                                             But this is what we are trapped with                    close would be India, and yet China has                the tools they need to address the
                                             here—these archaic processes.                           made it a strategic decision to over-                  drought and wildfires caused by the ex-
                                                So, anyway, we will talk about new                   come the United States as an economic                  treme weather we are experiencing
                                             spending pay-fors and what the Con-                     powerhouse, along with, by the way, a                  now. This package includes necessary
                                             gressional Budget Office can score.                     very, very advanced and efficient mili-                legislation to fund large-scale water-
                                             They are confined to what they can                      tary.                                                  recycling projects that can clean mil-
                                             score, and some of it makes sense.                        They don’t pay people to join the                    lions of gallons of wastewater a day to
                                             They are accounting terms. They are                     military, they just make them join the                 keep water in Lake Mead for the Las
                                             government accounting terms, and                        military. Their money goes a long                      Vegas Valley. This act also includes
                                             they make sense. They identify a whole                  ways. And whatever technology they                     measures I wrote to help prevent
                                             bunch of legitimate pay-fors, or at                     can’t discover or create, they steal.                  wildfires and to fund state-of-the-art
                                             least what they call, you know, scores.                 This is not a small threat.                            fire-detection equipment. New tech-
                                                But they also recognize that there                     And one of the advantages they have                  nologies can keep us one step ahead of
                                             are a lot of things they can’t score that               is that they have been investing at a                  disastrous fires, and we need this kind
                                             actually do pay for this infrastruc-                    very fast and very aggressive rate in                  of forward thinking to protect our
                                             ture—for example, the $53 billion from                  their infrastructure—all forms of infra-               communities.
                                             certain States that would come back as                  structure: highways, bridges, roads,                     I also ensured this bill would support
                                             unused unemployment insurance bene-                     internet, water, ports. And, by the way,               Nevada’s mining industry and create
                                             fits. That is real money. They can’t                    they invest in a lot of other countries’               new union jobs. It does this by
                                             ‘‘score’’ it because, of course, it has al-             infrastructure to both win them over                   strengthening the critical mineral and
                                             ready been appropriated, and there is,                  and then to use it as leverage against                 battery supply chain that provides key
                                             in theory—nowhere in reality; there is,                 other countries.                                       components of cell phones and laptops,
                                             in theory—that somehow that $53 bil-                      So there are lots of good reasons to                 electric vehicles, solar panels, and
                                             lion might not be spent by the govern-                  support this bill as it becomes time to,               more. We should be processing the min-
                                             ment. I have never seen that happen,                    first of all, finalize, of course, the sub-            erals we mine in Nevada right here in
                                             but, you know, I suppose theoretically                  stitute, the amendment that makes up                   the United States, and this bill will
                                             it could. But believe me, it is a pay-for.              the bill, and then get on to final pas-                help us do that in a responsible way
                                             It is real money. So they don’t call it                 sage.                                                  while protecting the environment and
                                             a score. They call it an estimate.                        I want to wrap up where I started,                   our public lands.
                                                There is another estimate: $67 billion               however, and that is to just stress how                  I am so pleased that this bill will also
                                             from proceeds from the C-band spec-                     disappointed I am that we haven’t been                 make historic investments in our stu-
                                             trum auction. Now, the reason they                      voting on amendments. There are some                   dents. My bipartisan Renew America’s
                                             can’t call it a pay-for, can’t score it, is             really good ones out there.                            Schools Act will invest $100 million a
                                             because that $67 billion has already                      In fact, the best ones I know of were                year    in    environmentally    friendly
                                             come in. The auction was in February                    introduced by Republicans and Demo-                    school improvement projects, and I
                                             of this year. So it is already in.                      crats together, equally. And we would                  worked to include additional support
                                                Theoretically, it could maybe not be                 be wise, all of us, to just agree. Maybe               for our students, from funding for elec-
                                             spent. Therefore, it can’t be ‘‘scored.’’               it is not the top 10. Maybe it is not the              tric school buses to programs that keep
                                             But it is going to be real money. It is                 top 20 amendments, but even if it is the               kids safe when they walk, bike, or ride
                                             real money that exists that doesn’t re-                 top 4 or 5, you know, let’s recognize                  the bus to school.
                                             quire taking it from anybody else—no                    that the bill can still be improved in                   This legislation also includes $65 bil-
                                             tax increases, no new taxes, $67 bil-                   these final hours and get some folks                   lion in funding to expand broadband ac-
                                             lion—and that is called ‘‘an estimate,’’                                                                       cess to Americans across the country,
                                                                                                     down here.
                                             not a ‘‘score.’’                                          Let’s get the 100 of us together and                 and I helped draft additional bipartisan
                                                There is an analysis—I think a pretty                make some decisions together while                     provisions to promote digital equity
                                             conservative one, by the way—of $53                     the hours are still in front of us, and                and ensure the government is being
                                             billion in economic growth. Remember                                                                           transparent about how it is spending
                                                                                                     improve this bill so we can get about
                                             I talked about the Penn Wharton study                                                                          this funding.
                                                                                                     the business of debating it, getting us
                                                                                                                                                              The infrastructure bill will also se-
                                             that showed over the decades that the                   to final passage, and sending it over to               cure improvements for our public tran-
                                             economy would literally pay for the en-                 the House of Representatives, where I                  sit systems and airports and allow us
                                             tire investment. But that is not how we                 would implore, plead with the Speaker                  to produce and charge more electric ve-
                                             do government, and I understand that,                   of the House, to take it up—take it up                 hicles. It will make our lives more sus-
                                             and we shouldn’t. But even the CBO, in                  apart from this $3.5 to $5.5 trillion tax-             tainable. It will bolster our economy
                                             their analysis, concludes that $53 bil-                 and-spend wish list of the Democratic                  and uplift working families.
                                             lion would come back. Now, they can’t                   socialists. Take it up and do something                  You know, I like to call Nevada the
                                             score that. It is just an analysis, but it              good for the country. Then we will get                 Innovation State. I know we have the
                                             is real money. And, by the way, it is                   about the business of debating the next                technology and creativity to deal with
                                             very conservative.                                      big package.                                           the challenges of the 21st century. My
                                                Now, I know there is a lot of political                I yield the floor.                                   State is full of innovators and inven-
                                             rhetoric that flies back and forth in                     The PRESIDING OFFICER (Mr.                           tors, small business owners, and stu-
                                             these word salads that, you know, Re-                   OSSOFF). The Senator from Nevada.                      dents, all of whom are eager to play a
                                             publicans like to use and word salads                     Ms. CORTEZ MASTO. Mr. President,
                                                                                                                                                            part in a sustainable and prosperous fu-
                                             that Democrats like to use to talk                      I rise today in support of the Infra-
                                                                                                                                                            ture. This package will bring us closer
                                             about the same things, and we tend to                   structure Investment and Jobs Act
                                                                                                                                                            to that goal.
                                             talk to our people, if you will, to ra-                 that will make historic investments in                   I look forward to the positive
                                             tionalize or convince or persuade, and                  Nevada, pending legislation we are                     changes this legislation will bring my
                                             that is all good. That is all fine. But I               working on right now.                                  State, and that is why I am supporting
                                             know this much for sure: I don’t think                    With this legislation, Senators from                 it.
                                             there is a single American that thinks                  both sides of the aisle were able to                     I yield the floor.
                                             we ought to fall behind our adversaries                 come together to negotiate policy that                   The PRESIDING OFFICER. The Sen-
                                             any further.                                            will prepare us for a sustainable future.              ator from Nevada.




ctelli on DSK11ZRN23PROD with SENATE
                                                We are under real economic chal-                     It will create good-paying jobs, and it                  Ms. CORTEZ MASTO. Mr. President,
                                             lenges, global economic challenges, by                  will strengthen the economy. This is                   I suggest the absence of a quorum.
                                             our adversaries, not the least of which,                an example of how Congress can work                      The PRESIDING OFFICER. The
                                             of course, is China. China is fast be-                  to the benefit of all Americans.                       clerk will call the roll.
                                             coming the No. 1 economy in the world.                    In the Infrastructure Investment and                   The legislative clerk proceeded to
                                             They are by far the largest population,                 Jobs Act, I worked to make sure that                   call the roll.



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                    S6051
                                               Mr. GRASSLEY. Madam President, I                        By the way, this amendment is                                          NATIONAL SECURITY
                                             ask unanimous consent that the order                    scored by CBO to bring in more than                                       COUNSELORS.
                                             for the quorum call be rescinded.                       $100 million, and it seems to me that is                                 NATIONAL WHISTLEBLOWER
                                               The PRESIDING OFFICER (Ms. COR-                                                                                                 CENTER.
                                                                                                     a pretty significant amount of money,
                                                                                                                                                                              PROJECT ON GOVERNMENT
                                             TEZ MASTO). Without objection, it is so                 particularly when the infrastructure                                      OVERSIGHT.
                                             ordered.                                                bill was scored by CBO to add $256 bil-                                  PUBLIC EMPLOYEES FOR
                                             UNANIMOUS CONSENT REQUESTS—AMENDMENTS                   lion to the debt.                                                         ENVIRONMENTAL
                                                Mr. GRASSLEY. Madam President, I                       This amendment provides long need-                                      RESPONSIBILITY.
                                             come to the floor to ask unanimous                      ed improvements to combat fraud per-                                     WHISTLEBLOWERS OF
                                             consent on two pieces of legislation.                   petrated against the Federal Govern-                                      AMERICA.
                                                The first one is a bipartisan amend-                 ment. I would like to thank my bipar-                                       --
                                                                                                                                                              DEAR    CHAIRMAN DURBIN AND SENATOR
                                             ment that I have with Senator KLO-                      tisan group of friends who have sup-
                                                                                                                                                            GRASSLEY: Taxpayers Against Fraud, Na-
                                             BUCHAR. It has been cleared on both                     ported this bill and this amendment                    tional Whistleblower Center, Project On
                                             sides of the aisle. It does not cost any-               with their cosponsorship.                              Government Oversight and Government Ac-
                                             thing. It is noncontroversial, and I am                   Now, just to make clear, the only                    countability Project write you in support of
                                             not aware of any opposition or con-                     business interests that have anything                  your legislation to strengthen the False
                                             troversy about it.                                      to worry about—and I am emphasizing                    Claims Act, the government’s primary fraud-
                                                I filed this amendment as soon as we                 this because since this amendment was                  fighting law. Our organizations have been
                                             were on the bill and have been asking                   offered, you would be surprised, all the               advocating for whistleblowers and fraud-
                                                                                                     business interests that have come out                  fighting for decades and view this legislation
                                             for a vote ever since. I am happy to ac-                                                                       as critical to the continued success of False
                                             cept a voice vote. I do not understand                  in opposition to this provision. So the
                                                                                                                                                            Claims Act enforcement and the public-pri-
                                             why that is not possible.                               only thing these business interests                    vate partnership.
                                                This amendment is entitled ‘‘Assist-                 have to have anything to worry about                     The Department of Justice has stated that
                                             ing Broadband Connectivity Act’’ that                   with this anti-fraud amendment are                     since the Act was revitalized in 1986 over $64
                                             Senator KLOBUCHAR and I introduced                      the same ones that are already found                   billion have been recovered, with nearly 80%
                                             last month. This amendment will make                    in a court of law to have defrauded the                of the recoveries coming from whistle blower
                                             changes to the rural broadband pro-                     taxpayers.                                             initiated actions. Our experience shows that
                                                                                                       Since I got the False Claims Act                     the indirect benefit of the FCA could be
                                             gram at USDA so that areas aren’t                                                                              worth an additional trillion dollars in deter-
                                             automatically ineligible for Federal                    passed in 1986, it has brought in more
                                                                                                                                                            rence. As Congress and the Biden Adminis-
                                             funding because a project previously                    than $65 billion of fraudulently taken                 tration are considering ways to move our
                                             received State funding. In other words,                 tax dollars.                                           country forward post-pandemic, we need to
                                             if a project got State money, now they                    Madam President, I ask unanimous                     stand guard against those who seek to pilfer
                                             can’t qualify for Federal money. This                   consent to have printed in the RECORD                  government programs.
                                             change will ease the administrative                     the letters of support.                                  By any measurement, the FCA has been a
                                                                                                       There being no objection, the mate-                  remarkable success, we believe that legisla-
                                             burden for those applying to provide                                                                           tive changes you have put forward will
                                             broadband in rural America. However,                    rial was ordered to be printed in the
                                                                                                     RECORD, as follows:                                    strengthen the Act against modern fraud
                                             this won’t change the requirements for                                                                         schemes. We are confident that the legisla-
                                             Rural Utilities Service when they ad-                                                  JULY 22, 2021.          tion you have introduced will encourage
                                             minister these programs, such as over-                  Re Administrative False Claims Act of 2021.            more whistleblowers to come forward to as-
                                             build and coordination with other                         DEAR SENATOR GRASSLEY: The undersigned               sist the government and result in the recov-
                                                                                                     members of the Make It Safe Coalition                  ery of billions of additional stolen govern-
                                             broadband entities.
                                                                                                     (MISC) write to applaud introduction of the            ment dollars.
                                                This bill also provides more flexi-                  Administrative False Claims Act of 2021                  We particularly encourage you to focus on
                                             bility with funding and resources by al-                (AFCA). The False Claims Act is America’s              the following provisions which would most
                                             lowing States to use funds received                     most effective anti-corruption law, but as a           significantly benefit whistleblowers and the
                                             from the Federal Government, such as                    practical matter it only has been relevant             continued enforcement of the FCA:
                                             COVID State funding, to be used for                     for the most outlandish cases of fraud in gov-           (1.) Clarify the materiality standard. The
                                             the matching fund provision that is re-                 ernment contracts. The AFCA bill would ex-             current FCA ‘‘materiality’’ standard is easy
                                             quired for most applications. This up-                  pand the scope of accountability to the full           to understand-liability only results from
                                             date will help rural America move for-                  scope of corruption.                                   ‘‘material’’ violations. The FCA explicitly
                                                                                                       The False Claims Act is a highly effective           defines ‘‘material’’ to mean ‘‘a natural tend-
                                             ward by providing more coordination                     and indispensable tool for combatting high             ency to influence, or be capable of influ-
                                             and funding availability for broadband                  dollar fraud against the government. In 1986,          encing, the payment or receipt of money or
                                             projects. This is not unusual for the                   Congress passed a ‘‘mini-False Claims Act’’            property’’ by the United States. Congress
                                             Rural Utilities Service. They currently                 called the Program Fraud Civil Remedies                added this statutory definition in 2009 to
                                             allow CDBG and State revolving loan                     Act (PFCRA) to provide civil remedies for              clarify that liability attaches when the gov-
                                             funds for water and wastewater to be                    false claims of $150,000 or less. However, it          ernment could have rejected the fraudsters’
                                             used for matching purposes.                             has been underutilized and ineffective. The            claims for payment.
                                                                                                     AFCA allows the Attorney General to dele-                Nonetheless, this clear-cut standard was
                                                This amendment will help our States
                                                                                                     gate review authority, which will help with            arguably undermined in a 2016 Supreme
                                             and providers connect all the pieces                    the backlog of PFCRA cases and enable the              Court decision, Universal Health Services,
                                             from both the State and Federal level                   Department of Justice to take swifter ac-              Inc. v. United States ex rel. Escobar, 136 S.
                                             to help get some of these expensive and                 tion. Furthermore, the bill allows agencies            Ct. 1989 (2016). In this case, the Supreme
                                             urgent rural broadband projects com-                    and inspectors general to recoup the costs of          Court provided numerous factors that a
                                             pleted.                                                 investigating and prosecuting false claims             court could consider for when determining
                                                This amendment has been cleared by                   and statements by utilizing the funds recov-           whether fraud was ‘‘material’’ to the govern-
                                             the Senate Agriculture Committee.                       ered from AFCA actions. Finally, increasing            ment’s decision to pay a claim. On one such
                                             There is no reason it should not get a                  the payments ceiling of the PFCRA in the               factor, the Court wrote: ‘‘[I]f the Govern-
                                                                                                     Administrative False Claims Act to $1 mil-             ment pays a particular claim in full despite
                                             vote. I am not aware of any opposition.                 lion will allow more false claims to be ac-            its actual knowledge that certain require-
                                                The second amendment is also—the                     tionable.                                              ments were violated, that is very strong evi-
                                             second bill is also a bipartisan bill by                  The AFCA consists entirely of non-                   dence that those requirements are not mate-
                                             Grassley and Leahy. My amendment                        controversial provisions reflecting best prac-         rial.’’
                                             provides anti-fraud provisions to the                   tices that will be applied where they are                Although the government’s prior knowl-
                                             infrastructure package.                                 needed to fix the blockades that have                  edge was described as merely being ‘‘strong
                                                This amendment combines two of my                    sedated the PFCRA. The undersigned organi-             evidence’’ that a false claim was not mate-




ctelli on DSK11ZRN23PROD with SENATE
                                             bills, the False Claims Amendments                      zations urge all Members of Congress to sup-           rial, some courts and many companies have
                                                                                                     port this amendment.                                   made the government knowledge factor dis-
                                             Act and the Administrative False
                                                                                                           Sincerely,                                       positive, stating that there must be proof
                                             Claims Act, both of which are bipar-                                     EMPOWER OVERSIGHT.                    that the government actually refused to pay
                                             tisan and have garnered support from                                     GOVERNMENT                            the claim. This logic leaves no room for the
                                             both the good-government and inspec-                                      ACCOUNTABILITY                       government to pay a claim in an emergency
                                             tors general communities.                                                 PROJECT.                             situation and later bring an FCA case.




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                                             S6052                                             CONGRESSIONAL RECORD — SENATE                                                     August 8, 2021
                                                For instance, the government might make              tives and championing these much-needed                across the country. My amendment
                                             the decision to continue paying Medicare                improvements to the FCA. These amend-                  would provide some much needed
                                             payments to a dishonest hospital that is the            ments would not only encourage more whis-              transparency for taxpayers by showing
                                             only available healthcare facility for a rural          tleblowers to step forward, but they will
                                             population. Under the wayward reading of                deter future fraudsters from targeting vul-
                                                                                                                                                            what projects are being funded with
                                             the Supreme Court’s Escobar decision, such              nerable government programs.                           their tax dollars and the actual costs
                                             corrupt entities could use the government’s               Please feel free to contact us with any              associated with them.
                                             payment decision to shield itself from FCA              questions or comments. We would be eager                 In practice, my amendment requires
                                             enforcement and drain government funds                  to meet and further discuss how your efforts           nothing more than a single sentence
                                             with impunity.                                          will improve anti-fraud efforts. Please con-           disclosing the dollar amount paid by
                                                The proposed FCA amendments restore the              tact Jeb White to schedule a meeting.                  taxpayers and what that amount rep-
                                             Act by granting a heightened presumption of               Sincerely,
                                                                                                                                                            resents of the overall percentage of the
                                             materiality to all instances when the gov-                              TAXPAYERS AGAINST
                                             ernment could have demanded repayment or                                  FRAUD                                project’s budget. The only reason to
                                             payment from the defendant. The defendant                               NATIONAL WHISTLEBLOWER                 oppose this commonsense transparency
                                             can then only overcome this highly deferen-                               CENTER                               is if there is something to hide.
                                             tial presumption by meeting a strict ‘‘clear                            PROJECT ON GOVERNMENT                    I urge the consideration of my
                                             and convincing evidence’’ standard.                                       OVERSIGHT GOVERNMENT                 amendment and ask that my col-
                                                If a company accused of defrauding the                                 ACCOUNTABILITY                       leagues vote yes.
                                             government actually admits to submitting                                  PROJECT.                               Again, I ask unanimous consent that
                                             false claims, but then argues that the false              Mr. GRASSLEY. Madam President, I                     the request be further modified to in-
                                             information is not material, it is only fair                                                                   clude my amendment, Ernst No. 2639.
                                             for that company to be required to prove
                                                                                                     ask unanimous consent that the fol-
                                                                                                     lowing amendments be called up to the                    The PRESIDING OFFICER. Does the
                                             that false information has no tendency to
                                             impact the government’s payment decision.               substitute and reported by number:                     Senator so modify his request?
                                             This high burden correctly rests with the de-           Grassley 2435, that is Grassley-Leahy;                   Mr. GRASSLEY. I will accept that
                                             fendant.                                                and Grassley 2500, Grassley-Klobuchar.                 modification, but I want to add, in
                                                (2.) Clarify when the government may dis-            So I want to emphasize, both of these                  fact, I think every Senator ought to
                                             miss whistleblower cases. The FCA permits               are bipartisan pieces of legislation.                  get a vote. We have wasted all day
                                             the government to dismiss whistleblower, or               The PRESIDING OFFICER. Is there                      Thursday, Saturday, and now through
                                             so-called ‘‘qui tam,’’ actions if the whistle-                                                                 Sunday. That is enough time to vote
                                             blower ‘‘has been notified by the Govern-
                                                                                                     objection?
                                                                                                       The Senator from Alabama.                            on a multitude of amendments, and we
                                             ment of the filing of the motion and the
                                             court has provided the person with an oppor-              Mr. SHELBY. Madam President, re-                     just sat around those 3 days accom-
                                             tunity for a hearing on the motion.’’ 31 USC            serving the right to object, I would ask               plishing nothing.
                                             3730(c)(2)(A).                                          unanimous consent now that the Sen-                      The PRESIDING OFFICER. Is there
                                                Recognizing that whistleblower-initiated             ator modify his request to include my                  an objection to the request, as modi-
                                             actions have recovered the bulk of FCA re-              amendment No. 2535, and I will speak                   fied?
                                             coveries over the last I 00 years, the govern-          to that briefly.                                         The Senator from Arizona is recog-
                                             ment has been reluctant to dismiss these ac-              The underlying bill includes billions                nized.
                                             tions. In fact, prior to 2018, the government                                                                    Ms. SINEMA. Madam President, re-
                                                                                                     of dollars for all manner of infrastruc-
                                             had dismissed less than 50 cases in the 155–
                                                                                                     ture investments in the United States.                 serving the right to object, I first
                                             year history of the Act.
                                                Then, in January 2018, the Justice Depart-           However, it fails to address critical in-              would like to associate myself with the
                                             ment released the so-called ‘‘Granston                  frastructure needs to support our na-                  comments just uttered by the senior
                                             Memo,’’ which outlined the Department’s                 tional defense. This amendment that I                  Senator from Iowa. I think many of us
                                             focus on dismissing whistleblower-initiated             am bringing forth would rectify that.                  are frustrated that we have been sit-
                                             FCA actions. Since then, over 50 whistle-                 I believe that we cannot, in America,                ting around together for quite some
                                             blower actions have been silenced through               continue to spend hand-over-fist on do-                time without moving forward. But, as I
                                             arbitrary dismissals, in less than four years.                                                                 remarked earlier today, the U.S. Sen-
                                             When challenged, the Justice Department
                                                                                                     mestic priorities—a lot of them are im-
                                             has argued that it has ‘‘unfettered discre-             portant—without investing dime one in                  ate is a body that requires the unani-
                                             tion’’ to dismiss these cases, notwith-                 our national defense infrastructure.                   mous consent of every single Senator,
                                             standing the statutory requirement that the             This would rectify that, and I would                   and each Senator has the right to with-
                                             court provide the whistleblower with a                  ask that it include my amendment in                    hold his objection or consent to any
                                             ‘‘hearing.’’                                            this.                                                  process moving forward.
                                                By dismissing whistleblowers and their                 The PRESIDING OFFICER. Is there                        Over the last day and a half, we have
                                             fraud concerns without any oversight, the                                                                      seen a lack of willingness to collabo-
                                             Justice Department is discouraging individ-
                                                                                                     an objection to the modification?
                                                                                                       The Senator from Iowa is recognized.                 rate, to come together to find unani-
                                             uals from even stepping forward. The
                                             Amendments provide a level of assurances                  Ms. ERNST. Madam President, re-                      mous consent to move forward on both
                                             for would-be whistleblowers, clarifying when            serving the right to object, I would ask               the consideration of a number of
                                             a whistleblower-initiated action may be dis-            unanimous consent that the request be                  amendments, including those offered
                                             missed by the court.                                    further modified to include my amend-                  today, and a time agreement. It is not
                                                With our country spending trillions of dol-          ment No. 2639, and my amendment is                     because there weren’t many people who
                                             lars in pandemic spending and infrastructure            very simple. It requires a public price                were willing to do so. In fact, most of
                                             improvements, now is not the time to silence                                                                   the Members of this body were inter-
                                             whistleblowers with backroom dismissals.
                                                                                                     tag to be put on projects funded with
                                             We applaud these leading anti-fraud Sen-                taxpayer dollars by the Department of                  ested in finding such an agreement.
                                             ators for providing a level of certainty and            Energy and the Department of Trans-                    But it is the right of each and every
                                             protection to America’s courageous whistle-             portation. It allows taxpayers to see                  Senator and the privilege of each and
                                             blowers.                                                exactly how their dollars are being                    every Senator to withhold that consent
                                                (3.) Clarify that the FCA provides anti-re-          spent, whether it is on an airport, a                  if he so chooses, and that is the situa-
                                             taliation protection to former employees.               bridge, or any other project.                          tion we find ourselves in today.
                                             The current FCA is arguably silent on                     Congress has renewed the provision—                    So, Madam President and others, I
                                             whether individuals receive protection from                                                                    would recommend that just in 1 hour,
                                             employers who blackball or otherwise retali-
                                                                                                     referred to as the Stevens Amend-
                                             ate post-employment. The proposed amend-                ment—annually for more than 30 years                   we will see this postcloture time ex-
                                             ment removes any uncertainty by explicitly              for some Federal Agencies, including                   pire, and we will move forward under
                                             extending the protections found in 31 USC               the Departments of Health and Human                    regular order to finish consideration of
                                             3730(h).                                                Services, Education, and Labor. It was                 this broad bipartisan piece of legisla-
                                                For too long, whistleblowers have faced re-          most recently approved by Congress                     tion. And I do want to take a moment




ctelli on DSK11ZRN23PROD with SENATE
                                             taliation from former employers. The                    and signed into law as part of both the                to commend my colleagues on both
                                             amendments put the world on notice that                                                                        sides of the aisle, the 22 Democrats and
                                                                                                     Consolidated Appropriations Act of
                                             blackballing whistleblowers will no longer be
                                             tolerated. We applaud your long-standing                2021 and the National Defense Author-                  Republicans who worked together over
                                             commitment to protecting whistleblowers.                ization Act of 2021.                                   the last several months with their col-
                                                On behalf of whistleblowers, we thank you              The infrastructure bill we are now                   leagues on both sides of aisle to con-
                                             both for your leadership on anti-fraud initia-          considering will finance many projects                 sider a historic 22 amendments to this



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                S6053
                                             legislation to ensure that a broad and                  mated $100 million for airport upgrades                of the past and make sure these
                                             bipartisan discussion was held, and I                   and repairs.                                           broadband dollars are spent efficiently,
                                             look forward to a swift and positive                      Our ports and rail systems also stand                effectively, and with the benefit of
                                             resolution by passing this legislation.                 to benefit. This bill authorizes $2.25 bil-            stakeholder comment.
                                               With that, I object.                                  lion for U.S. ports; $5 billion for rail                 I was pleased that my colleagues in-
                                               The PRESIDING OFFICER. Objec-                         through the Consolidated Rail Infra-                   cluded language to prohibit the Federal
                                             tion is heard.                                          structure and Safety Improvements—                     Government from setting broadband
                                               The Senator from Mississippi.                         or CRISI—Program; and $3 billion to                    rates. This would have been an unwel-
                                                                   H.R. 3684                         provide safety features for grade cross-               come intrusion into the private mar-
                                               Mr. WICKER. Madam President, I                        ings, something that is desperately                    ket, and the inclusion of this clarifying
                                             rise this afternoon to announce my                      needed across this country.                            language was absolutely critical.
                                             support for this bipartisan infrastruc-                   This bill will also clear away obsta-                  The internet in this country has been
                                             ture legislation. Coming to this deci-                  cles for major construction projects by                able to meet the demands of the
                                             sion has not been easy or straight-                     streamlining the Federal permitting                    COVID–19 pandemic in large part be-
                                             forward.                                                process. The Army Corps of Engineers                   cause of our light-touch regulatory
                                               As the minority leader said recently,                 will get $9.5 billion, meaning Mis-                    framework, which has encouraged more
                                             I am quite confident that out of 100                    sissippi will have new funding opportu-                broadband buildout. This stands in
                                             U.S. Senators, there are 100 of us who                  nities for flood control projects, which               stark contrast to our European friends,
                                             believe this bill is imperfect. I want to               are badly needed.                                      who suffered severe slowdowns because
                                             associate myself with that statement.                     And high-need communities will be                    of their burdensome internet rules.
                                             The bill we are now debating is far                     first in line for those projects, thanks                 One pivotal moment of this debate on
                                             from perfect. If I were the only one                    to an amendment I sponsored with the                   this subject involved a colloquy that I
                                             with a pen, I would have made many                      senior Senators from Delaware and                      shared last week with the senior Sen-
                                             changes. But at the end of the day, I                   Oklahoma. This should benefit urban                    ator from New Hampshire, Senator
                                             believe this package will do a great                    areas, like the Pearl River Basin, as                  SHAHEEN, the chief negotiator for this
                                             service for the United States of Amer-                  well as rural areas throughout Mis-                    title. Senator SHAHEEN confirmed on
                                             ica and a great service for my home                     sissippi and throughout our Nation,                    the Senate floor that preventing regu-
                                             State of Mississippi.                                   which have faced the constant threat                   lation of internet rates was the express
                                               Republicans and Democrats agree                       of flooding for far too long.                          intent of the language in the
                                             that roads, bridges, broadband, ports,                    In another positive provision of this                broadband title. Without this specific
                                             and rail are the building blocks of a                   bill, the Senate adopted my amend-                     language in the legislation and the as-
                                             healthy economy. This bill makes his-                   ment authorizing the Minority Busi-                    surance made during that colloquy, I
                                             toric downpayments on those core pri-                   ness Development Agency—MBDA—for                       would not have been able to support
                                             orities.                                                the first time ever. It had never been                 this bill on final passage.
                                               I am pleased that this bill incor-                    authorized. This will send new business                  Now, some have expressed concern
                                             porates all of the Surface Transpor-                    resources to rural areas and a boost of                about the cost of this bill. Offsets have
                                             tation Investment Act of 2021, which                    support to historically Black colleges                 been provided, and the negotiators pro-
                                             Senator CANTWELL and I cosponsored,                     and universities, which are economic
                                             and which passed out of the Commerce                                                                           vided pay-fors for every expenditure;
                                                                                                     anchors in their communities.                          but, admittedly, the Congressional
                                             Committee by a vote of 25 to 3, with                      And I would add the good news we
                                             the support of 14 Democrats and 11 Re-                                                                         Budget Office did not agree with all the
                                                                                                     got just last month: Mississippi will
                                             publicans. The provisions of that bill                                                                         pay-fors.
                                                                                                     soon be home to a new MBDA center.
                                             ensure that Mississippi will get a fair                   I also want to mention rural                           Republicans, for decades, have advo-
                                             shake in the competitive grant pro-                     broadband, which will see a tremen-                    cated more use of dynamic scoring, and
                                             grams included in this bill, which total                dous boost because of this legislation.                I wish the CBO had used dynamic scor-
                                             more than $20 billion.                                  This bill lines up $65 billion to be spent             ing in this instance. It is unfortunate
                                               This bill has a number of other vi-                   on broadband deployment, taking us                     that the CBO refuses to acknowledge
                                             tally important provisions that will                    one giant step toward closing the dig-                 that economic growth will result in
                                             benefit Mississippi. It provides my                     ital divide.                                           higher revenues.
                                             State a lump sum of $3.3 billion for                      Based on the Federal formula, Mis-                     It should be clear to us all that the
                                             roads and highways, as well as $225 mil-                sissippi will receive a minimum of $100                investments in this legislation will
                                             lion to replace and repair bridges. We                  million from these funds. That is on                   generate a stronger economy and larg-
                                             will also be able to compete for funding                top of the $495 million Mississippi was                er sums of revenue. Experts have pre-
                                             from another $12.5 billion in bridge                    recently awarded through the Rural                     dicted these investments will make it
                                             grants.                                                 Digital Opportunity Fund—or RDOF—                      less costly for businesses to operate
                                               Mississippi has nearly 6,000 miles of                 auctions, and the $275 million of COVID                and will lead to greater productivity.
                                             highway in poor condition, and over a                   relief funds that we are spending on                     For example, the widely used Penn
                                             thousand bridges are also in poor con-                  broadband     infrastructure     in   Mis-             Wharton Budget Model has projected
                                             dition in our State. Commute times in                   sissippi.                                              this bill will increase hourly wages by
                                             Mississippi are up 5.6 percent over the                   No Senator has been a stronger advo-                 .1 percent and reduce government debt
                                             last decade. According to the American                  cate than I have on broadband build-                   by .9 percent. You heard that right.
                                             Society of Civil Engineers, Mississippi                 out. Reliable, high-speed broadband is                 The Penn Wharton Model says this bill
                                             drivers, on average, are paying an                      critical to ensuring rural States are                  will reduce government debt, a pre-
                                             extra $820 per year in extra vehicle re-                competitive for the next generation,                   diction not to be taken lightly.
                                             pairs and operating costs.                              and this bill will help us get there.                    Michael Strain of the American En-
                                               No one disputes that my State and                       It is no secret that I have registered               terprise Institute, a respected conserv-
                                             other States are in desperate need of                   my concerns about the way this bill                    ative think tank, has said these invest-
                                             significant new funding for roads and                   waives some of the normal processes                    ments in hard infrastructure will ease
                                             bridges, and this legislation does that.                that make for good Federal rule-                       the pressure on inflation rather than
                                               The historic investments in this bill                 making. As written, this bill makes it                 contributing to inflation.
                                             mean that Mississippians can have an                    so that the NTIA can choose not to re-                   In other words, this investment in in-
                                             easier time dropping off their children                 ceive public comment on its broadband                  frastructure will result in tremendous
                                             at school and shorter commutes to                       buildout plans; and it short-circuits                  economic growth—growth that some of
                                             work. First responders will also be able                the judicial review section of the Ad-                 our budgetary bean counters are not




ctelli on DSK11ZRN23PROD with SENATE
                                             to reach those in need much more                        ministrative Procedure Act, giving                     willing to account for.
                                             quickly, potentially saving lives.                      stakeholders a much smaller voice in                     Now, it is important to make this
                                               Separately, Mississippi will receive                  the overall buildout process.                          point emphatically: This legislation in-
                                             $223 million for public transit, $283 mil-                I hope the NTIA will take care to                    volving hard infrastructure, which I
                                             lion for water projects, and an esti-                   avoid the wasteful and costly mistakes                 support, stands in sharp contrast to the




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                                             S6054                                             CONGRESSIONAL RECORD — SENATE                                                      August 8, 2021
                                             Democrats’ forthcoming bill, which                        Can we afford to pass on this oppor-                    In no small part because of his work
                                             will certainly not gain even one Repub-                 tunity?                                                 in East Palo Alto, Mr. Davis was
                                             lican vote, and which the 50 Democrats                    We cannot afford to pass this oppor-                  tapped by President Obama to serve as
                                             in the Senate and a slim majority in                    tunity up.                                              Executive     Director    of   President
                                             the House hope to pass with only Dem-                     I will be voting yes on this legisla-                 Obama’s Task Force on 21st Century
                                             ocrat votes.                                            tion.                                                   Policing. President Obama also se-
                                               They say their bill will be infrastruc-                 Thank you.                                            lected Mr. Davis to head the Justice
                                             ture part two, but a momentary glance                     I yield the floor.                                    Department’s Office of Community Ori-
                                             of what they are proposing should dis-                    The PRESIDING OFFICER (Mr.                            ented Policing Services, known as the
                                             pel any notion that their bill counts as                PADILLA). The Senator from Illinois.                    COPS Office.
                                             real infrastructure.                                         UNANIMOUS CONSENT REQUEST—EXECUTIVE                  As the COPS Office Director, he dis-
                                               I will say it clearly and for the                                        CALENDAR                             bursed hundreds of millions of dollars
                                             record: My Democratic colleagues are                      Mr. DURBIN. Mr. President, since                      in grant money, enabling State and
                                             teeing up for next week a reckless tax-                 the beginning of our history, U.S. Mar-                 local police departments to retain and
                                             and-spending spree that our country                     shals have protected our Federal judi-                  hire thousands of police officers. In
                                             does not need and cannot afford. The                    cial process and defended the integrity                 other words, he was in charge of fund-
                                             Democrats’ reckless budget bill will                    of our Constitution. Today, the Mar-                    ing police across the United States.
                                             amount to a staggering $3.5 trillion. It                shals Service oversees thousands of                       As a police officer with nearly three
                                             threatens the successful Trump tax                      deputy marshals and investigators                       decades of experience, and as the hus-
                                             cuts. It includes crushing tax hikes on                 across America, who guard Federal of-                   band of a 31-year veteran of the police
                                             job creators; hundreds of billions in                   ficials and witnesses, track down fugi-                 force who was the first Black woman to
                                             wasteful giveaways to green corpora-                    tives, and transport Federal prisoners.                 serve as a permanent police chief in
                                             tions; and a slew of spending that                      They are an invaluable part of our law                  California, Mr. Davis has a deep and
                                             would heat up inflation, jeopardize our                 enforcement system.                                     abiding respect for the men and women
                                             recovery, and drive our Nation deeper                     This afternoon, the Senate has an op-                 of law enforcement.
                                             into debt.                                              portunity to confirm a proven, trusted                    Understanding the risks that officers
                                               Democrats are even considering an                     law enforcement professional to lead                    face every day, he said: ‘‘There is no
                                             amnesty measure—in the midst of the                     the U.S. Marshals Service, Ronald                       greater or more noble profession than
                                             worst border crisis in recent memory—                   Davis.                                                  policing.’’
                                             without giving a thought to improving                     In June, the Judiciary Committee ap-                    And he has been emphatic that police
                                             border security, which would count as                   proved Mr. Davis’s nomination on a bi-                  officers deserve our highest praise for
                                             real infrastructure. But that is next                   partisan basis. Three Republican mem-                   keeping neighborhoods safe, families
                                             week’s bill, not this one.                              bers of the committee, including Rank-                  secure, and dangerous criminals behind
                                               This bill, the bipartisan bill that I                 ing Member CHUCK GRASSLEY OF IOWA,                      bars.
                                             am supporting tonight, is the real in-                  JOINED EVERY DEMOCRAT TO SUPPORT                          Mr. Davis also has the backs of mem-
                                             frastructure deal that America needs.                   HIS NOMINATION AS DIRECTOR OF THE                       bers of law enforcement. He earned
                                               As the Senate moves forward with                      MARSHALS SERVICE.                                       their respect and trust. Numerous law
                                             this important debate, and as I con-                      With Mr. Davis’s experience in the                    enforcement organizations are asking
                                             sider the infrastructure needs of my                    military, the Justice Department, and                   the Senate to move—and move quick-
                                             own State of Mississippi, it is instruc-                as a police officer on the beat, he is an               ly—to confirm his nomination as Di-
                                             tive for me to recall the history of in-                outstanding nominee. But despite his                    rector of the U.S. Marshals Service.
                                             frastructure programs I have person-                    bipartisan committee vote, decades of                   Listen to this group of law enforce-
                                             ally seen at the State level.                           law enforcement experience, and the                     ment professionals that has supported
                                               In 1968, my father was a first-term                   support he enjoys from virtually every                  him: the Hispanic American Police
                                             State senator from Pontotoc, Union,                     major law enforcement organization in                   Command Officers Association; the
                                             and Benton Counties in north Mis-                       America, some of my Republican col-                     Federal Law Enforcement Officers As-
                                             sissippi. One of his major goals that                   leagues are blocking him from being                     sociation; the International Associa-
                                             year was the passage of a comprehen-                    confirmed by unanimous consent.                         tion of Chiefs of Police; the National
                                             sive four-lane highway program. That                      Unanimous consent is the expedited                    Black Police Association; the National
                                             was 1968. The legislature met from Jan-                 process that the Senate has used to                     Organization of Black Law Enforce-
                                             uary until September of that year,                      confirm every other Director of the                     ment Executives; the Police Executive
                                             with vote after vote on the highway                     Marshals Service for as long as this po-                Research Forum; the Major Cities
                                             bill, before finally adjourning in frus-                sition has been subject to Senate con-                  Chiefs Association; the Major County
                                             tration with the hope of trying again                   firmation. We have always confirmed                     Sheriffs of America; the National Asso-
                                             next year. Sadly, the next year came                    the Marshals Service Director by unan-                  ciation of Women Law Enforcement
                                             and went, as did others, with no mean-                  imous consent because the position is                   Executives; the National Sheriffs’ As-
                                             ingful highway legislation.                             so important and, up until now, has                     sociation; and, yes, the Fraternal Order
                                               It was not until 1987—a full 19 years                 been considered to be above partisan                    of Police.
                                             later, when I myself was a candidate                    politics.                                                 Notably, these organizations didn’t
                                             for the State senate—that a major                         I hope my Republican colleagues will                  just support him; they support his im-
                                             four-lane highway bill was finally en-                  reconsider their position. At a time                    mediate confirmation and urge us to
                                             acted, and only then by the tiniest of                  when our Federal judges and court offi-                 move quickly.
                                             margins in a vote to override a guber-                  cials face a growing number of threats,                   Consider this letter from the Fra-
                                             natorial veto.                                          the Marshals Service needs Mr. Davis’s                  ternal Order of Police sent on August 3.
                                               If you ask almost anyone involved in                  experience and leadership now, and the                  It says: ‘‘At this time in our history,
                                             economic development efforts during                     American public deserves his steady                     the U.S. Marshals Service needs the
                                             the decades that followed, and even                     hand at the helm.                                       leadership we’re confident that Mr.
                                             today, they will tell you that the 1987                   Let me briefly speak to Mr. Davis’s                   Davis can provide. No doubt he under-
                                             four-lane highway bill was one of Mis-                  qualifications and the support he en-                   stands first-hand the issues facing
                                             sissippi’s most significant pieces of leg-              joys from law enforcement.                              women and men in law enforcement,
                                             islation for job creation.                                After serving in the U.S. Air Force,                  and we believe President Biden has
                                               For this smalltown boy from Mis-                      Mr. Davis joined the Oakland, CA, Po-                   made an excellent decision to have him




ctelli on DSK11ZRN23PROD with SENATE
                                             sissippi, this is just as pivotal a mo-                 lice Department, serving for 20 years in                lead the Marshals Service.’’
                                             ment. For my State’s economy, today                     uniform, ultimately attaining the rank                    I couldn’t agree more. There is sim-
                                             is such a moment.                                       of captain. He then went on to serve as                 ply no basis for delaying this bipar-
                                               When will it come again?                              chief of the East Palo Alto Police De-                  tisan choice out of the Senate Judici-
                                               Maybe next year, maybe the next ad-                   partment, implementing crucial initia-                  ary Committee any moment further. If
                                             ministration, maybe 19 years.                           tives that curbed gang violence.                        my Republican colleagues really want



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                 S6055
                                             to stand up for law and order and fund-                 and has been for months. What this has                 widely abused—is a serious threat to
                                             ing the police, they can start by con-                  to do with the person to lead the U.S.                 the health, safety, and welfare of the
                                             firming a nominee who has devoted his                   Marshals Service, I cannot imagine.                    American people.
                                             entire career to doing just that. That                     But I don’t have to imagine the im-                   I simply want to make sure that
                                             nominee is Ronald Davis.                                portance of filling this position quick-               American companies are not complicit
                                               Mr. President, I ask unanimous con-                   ly. It was over 10 years ago when a                    in selling precursor chemicals that
                                             sent that the Senate proceed to execu-                  judge—a woman that I helped to win                     produce this poison, that is then im-
                                             tive session to consider the Davis nom-                 appointment in the Federal district                    ported into the United States and has
                                             ination, Calendar No. 174; that the                     court in the Northern District of Illi-                taken so many American lives.
                                             nomination be confirmed, the motion                     nois—learned tragically that a disgrun-                  This is, as I said, no reflection on the
                                             to reconsider be considered made and                    tled client at somebody’s firm went to                 nominee himself. But as the distin-
                                             laid upon the table with no intervening                 her home, killing her mother and her                   guished Senator from Illinois knows,
                                             action or debate, that the President be                 husband, in Chicago. It was a tragedy,                 Senators have very few tools, very lit-
                                             immediately notified of the Senate’s                    an unspeakable tragedy.                                tle leverage to actually get the execu-
                                             action, and the Senate then resume                         Because of that terrible event, we                  tive branch to do what they are obli-
                                             legislative session.                                    turned to the U.S. Marshals Service                    gated to do, which is simply to respond
                                               The PRESIDING OFFICER. Is there                       and said: You have a special obligation                to our inquiries and our letters. That is
                                             an objection?                                           to protect the men and women who                       a simple matter.
                                               The Senator from Texas.                               serve in our judiciary. We are counting                  This does not implicate the safety
                                               Mr. CORNYN. Mr. President, reserv-                    on you to make certain that they are                   and security of the Federal judiciary,
                                             ing the right to object, I voted for Mr.                safe at work and they are safe at home.                as the Senator knows. This is an ad-
                                             Davis’s nomination in the Judiciary                        And it is a 24/7, 365-days-a-year re-               ministrative position, and we all sup-
                                             Committee and I support it. But I                       sponsibility that the Marshals Service                 port the safety and security of all of
                                             think the chairman of the Judiciary                     has.                                                   our judicial officials.
                                             Committee, my friend from Illinois,                        Sadly, that wasn’t the last of the                    So this could be satisfied very quick-
                                             could help me try to resolve a problem                  tragedies involving judges. It was just                ly and, literally, within the next hour
                                             that I have primarily with the chief                    a few years ago when a judge in New                    if the chairman of the Judiciary Com-
                                             law enforcement officer of the United                   Jersey lost her son. Another person, a                 mittee would simply pick up the phone,
                                             States; that is, the Attorney General.                  demented person, went to her home                      call the Attorney General, and ask him
                                             The Attorney General simply will not                    and killed him.                                        to answer his mail.
                                             answer his mail.                                           So when we are talking about filling                  The PRESIDING OFFICER. The Sen-
                                               Let me explain. Back in March, I                      this position, it is more than whether                 ator from Illinois.
                                             wrote a letter to the Attorney General                  the Attorney General has sent a timely                   Mr. DURBIN. Mr. President, first, let
                                             urging him to conduct an investigation                  response to a letter; it is a matter of                me say that this issue about this cor-
                                             of a chemical company named Avantor                     life and death—and now, more than                      poration—I believe the Senator said it
                                             and their role in the opioid epidemic                   ever, because we are in transition and                 was known as Avantor—it was a cor-
                                             that is sweeping America and the plan-                  many of the marshals are in a lame-                    poration which was once under the con-
                                             et.                                                     duck status or moved on to other posi-                 trol of Vanita Gupta’s father. She had
                                               In 2020, 93,000 Americans died of drug                tions, and you need someone to head up                 no—no—active role whatsoever in the
                                             overdoses, with 69,000-plus of those                    the U.S. Marshals Service during this                  administration of this corporation. She
                                             from opioids, including heroin. Avantor                 period when we do our work here in                     was a shareholder as the daughter of
                                             is a leading producer of a chemical pre-                Congress to approve the new U.S. Mar-                  the chairman of the board, her only
                                             cursor known as acetic anhydride, a                     shals across the United States.                        connection. It was a stock portfolio.
                                             key chemical used to convert opium to                      It is hard for me to imagine that we                That was it. That is the reason why
                                             heroin. Avantor’s product has been                      would risk the lives of judges, court                  these suspicions and charges went no-
                                             used extensively by drug cartels and                    personnel, and their families, along                   where. There is just no connection be-
                                             transnational criminal organizations                    with many others, by leaving this crit-                tween Vanita Gupta and this company.
                                             with the apparent knowledge of                          ical law enforcement agency unfilled.                    It was my understanding at the time
                                             Avantor officials, who have taken inad-                    No one questions this man’s quali-                  that this company had discontinued its
                                             equate measures to prevent the diver-                   fications. He is a humble man who has                  business in Mexico and had already
                                             sion of this chemical, particularly in                  an amazing story, an incredible story.                 done that long before her hearing. That
                                             Mexico.                                                 He is asking to serve this Nation again                was a matter of public record.
                                               Alarmingly, Associate Attorney Gen-                   in a capacity, when it comes to secu-                    Secondly, when members of the Judi-
                                             eral Vanita Gupta holds millions of                     rity and safety, that is really one of                 ciary Committee on both sides of the
                                             dollars in Avantor stock, and her fa-                   the most important in our government.                  aisle said they wanted quicker re-
                                             ther sits on the board of that company,                    I am sorry that the Senator feels this              sponses to the letters sent to the De-
                                             raising serious ethical issues.                         way. I wish he would reconsider and                    partment of Justice than they received
                                               As I said, I simply want the Attorney                 just reflect for a moment on the impor-                under the Trump administration, I said
                                             General to answer my letter. I sent a                   tance of this position.                                that was a perfectly legitimate re-
                                             letter to him asking about the inves-                      I yield the floor.                                  quest, and I invited the members of the
                                             tigative status of Avantor and its in-                     The PRESIDING OFFICER. The Sen-                     committee to join me in a conference
                                             volvement in the facilitation of heroin                 ator from Texas.                                       call with the Attorney General to dis-
                                             production, but have yet to receive a                      Mr. CORNYN. Mr. President, the dis-                 cuss it. Several did. I am not sure
                                             response more than 4 months later.                      tinguished Senator from Illinois, the                  whether the Senator from Texas was
                                               In light of the serious issues that I                 chairman of the Judiciary Committee,                   part of it or not. But the message to
                                             have raised in this letter and the lack                 could resolve this issue in the next                   the Department of Justice was, provide
                                             of a response from the Justice Depart-                  hour; and I would lift my hold if he                   a timely response to all inquiries. The
                                             ment, I placed a hold on this nominee                   would simply ask the Attorney General                  Attorney General gave us his personal
                                             and will not lift my hold until I receive               of the United States to answer my let-                 assurance that he would do that.
                                             a sufficient response.                                  ter, which I sent 4 months ago, which                    I know this letter is very important
                                               So I object.                                          we have received no response to.                       to the Senator from Texas, but I think
                                               The PRESIDING OFFICER. Objec-                            Drug overdoses have taken the lives                 that the safety of our judges is even




ctelli on DSK11ZRN23PROD with SENATE
                                             tion is heard.                                          of 93,000-plus Americans in the last                   more important.
                                               Mr. DURBIN. Mr. President, I am dis-                  year alone. Most of those drugs come                     So let’s press on if you wish for a
                                             appointed. At this point, this is an                    across the southern border from Mex-                   reply to this letter as soon as possible.
                                             issue involving Vanita Gupta, who was                   ico, including heroin, which is an                     But today, let’s do the right thing and
                                             approved by the Senate and now is                       opioid, which together with prescrip-                  put the person in charge who keeps
                                             serving in the Department of Justice                    tion drugs—which we know have been                     safe the judges and their families all



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                                             S6056                                             CONGRESSIONAL RECORD — SENATE                                                       August 8, 2021
                                             across the United States from terrible                    The PRESIDING OFFICER. Without                         Everyone knows last year the dif-
                                             things that have happened to them in                    objection, it is so ordered.                           ficulties of COVID–19 and what hap-
                                             the past.                                                 The Senator from Arizona.                            pened and the extraordinary measures
                                               The PRESIDING OFFICER. The Sen-                               AMENDMENT NO. 2633 WITHDRAWN                   that were taken to be able to offset the
                                             ator from Texas.                                          Ms. SINEMA. Mr. President, I ask                     economic damage that was significant.
                                               Mr. CORNYN. Mr. President, I have                     unanimous consent to withdraw Carper                   CBO, as of July 21 of this year, esti-
                                             to respond.                                             amendment No. 2633.                                    mates the Federal deficit for 2021 will
                                               For the Senator from Illinois to say                    The PRESIDING OFFICER. Is there                      be $3 trillion, much of that based on
                                             that Vanita Gupta has no relationship                   an objection?                                          what was done last year during an
                                             with Avantor, the company that has                        Without objection, it is so ordered.                 emergency time period. It is 13.5 per-
                                             been selling this precursor drug into                     The amendment (No. 2633) was with-                   cent GDP. That deficit, in 2021, will be
                                             Mexico that is used to manufacture                      drawn.                                                 the second largest since World War II,
                                             heroin—it is true, she is not part of the                 Mr. BOOKER. Mr. President, I rise to                 since 1945.
                                             board of directors or the administra-                   ask unanimous consent that the fol-                      Now, this year, in the year that we
                                             tion or the leadership of that corpora-                 lowing materials in support of section                 are finally working our way out of
                                             tion, but she literally owns or did own                 40209 of the bipartisan infrastructure                 COVID–19, though still taking it seri-
                                             tens of millions of dollars of stock in                 framework, the Advanced Energy Man-                    ously—this year, there is $2 trillion in
                                             Avantor. We do not yet know whether                     ufacturing and Recycling Grant Pro-                    additional spending in March of this
                                             she has kept her promise to sell that                   gram, be entered into the RECORD.                      year. There is a $1 trillion infrastruc-
                                             Avantor stock. She said she would dur-                    These sources, which include con-                    ture plan that is in front of us now and
                                             ing her confirmation hearing, and we                    gressional testimony, disparity studies,               a $3.5 trillion tax-and-spend bill that,
                                             are investigating to see whether she                    and other evidence, shed further light                 apparently, we start in 2 days.
                                             actually followed through and kept                      on the longstanding barriers and dis-                    Listen, I have been told over and over
                                             that promise.                                           parities faced by minority-owned small                 again throughout the course of this de-
                                               But for one of the chief law enforce-                 business entities in the manufacturing                 bate that the infrastructure package
                                             ment officers of the United States to                   sector that have lingering effects                     would be paid for, and then, later, I was
                                             own tens of millions of dollars’ worth                  today. According to one study, while                   told, well, mostly paid for, and then
                                             of stock in a company that arguably                     minority-owned businesses play a sig-                  CBO came out a couple of days ago and
                                             violated U.S. law by selling chemical                   nificant role in U.S. industry, they are               said a quarter trillion dollars of it is
                                             precursors into Mexico that are used to                 underrepresented in the U.S. manufac-                  not paid for—a quarter trillion dollars
                                             make heroin that has killed so many                     turing industry and represent only 12.8                according to CBO’s estimates.
                                             Americans through drug overdoses is a                   percent of all manufacturing firms.                      To make matters worse, part of the
                                             serious matter. I would not raise this                  And in testimony from a July 9, 2020,                  rest of it that CBO does estimate is
                                             issue if I did not feel that it was so se-              hearing before the House Financial                     still areas where I would look at and
                                             rious. Again, I think the solution is                   Services Subcommittee on Diversity                     go: That is pretty shaky estimation—
                                             very simple. But the suggestion that                    and Inclusion, multiple witnesses                      for instance, the unused unemployment
                                             Ms. Gupta has no relationship with                      spoke to the ongoing barriers that mi-                 benefits from earlier this year. That is
                                             Avantor is simply not true unless she                   nority-owned businesses face in access-                an area that I look at and I think, OK,
                                             has, unbeknownst to us at this point,                   ing capital during the pandemic. These                 if you are taking unemployment bene-
                                             disgorged the tens of millions of dol-                  sources further highlight the impor-                   fits that were borrowed with debt
                                             lars of stock that she owns in that                     tance of and need for the Advanced En-                 money, then not spending them, and
                                             company.                                                ergy Manufacturing and Recycling                       then, later, going back and grabbing
                                               The PRESIDING OFFICER. The Sen-                       Grant Program.                                         them and saying now we are spending
                                             ator from Illinois.                                       There being no objection, the mate-                  them, and they are ‘‘paid for,’’ that
                                               Mr. DURBIN. Mr. President, I believe                  rial was ordered to be printed in the                  would be the equivalent of me taking
                                             I made it clear that her father was the                 RECORD, as follows:                                    out a $20,000 car loan but, yet, buying
                                             chairman of the board of the company                      Congressional Hearing, Access Denied:                only a $15,000 car—so using the extra
                                                                                                     Challenges for Women- and Minority-Owned               $5,000 to buy cat food and donuts after
                                             and she was a stockholder, not in the                   Businesses and Accessing Capital and Finan-
                                             management of the company. So what-                                                                            that and say it was paid for. It is not
                                                                                                     cial Services During the Pandemic (July
                                             ever choices they made to sell what-                    2020) (testimony focused on pandemic capital
                                                                                                                                                            paid for. The extra $5,000 would go to
                                             ever chemicals anywhere in the world                    access issues).                                        debt reduction. In this case, it is $53
                                             was not her personal decision.                            The MEP National Network TM Connects                 billion, not $5,000. That area is total
                                               I just find it very difficult for a per-              with Minority Owned Manufacturers NIST                 debt spending as well. Though CBO
                                             son who has already been appointed to                   (Nov. 19, 2019) (noting that ‘‘while minority          may score it, it is really not there.
                                                                                                     owned businesses play a big role in U.S. in-             One of my favorite areas of scoring in
                                             the job, Vanita Gupta—and that hap-
                                                                                                     dustry, they are underrepresented in the U.S.          this I find fascinating in the course of
                                             pened months ago—for us to be holding                   manufacturing industry . . . [and] represent
                                             up this critically important position                                                                          this conversation. This bill mandates
                                                                                                     only 12.8% of all U.S. manufacturing firms’’).
                                             over a letter that wasn’t answered. I                     MBDA Report, Contracting Barriers and
                                                                                                                                                            the sale of over 87 million barrels of oil
                                             hope we can satisfy the Senator from                    Factors Affecting Minority Business Enter-             from the Strategic Petroleum Reserve.
                                             Texas and anyone else who is object-                    prises: A Review of Existing Disparity Stud-           Almost the identical amount is as-
                                             ing. It is important to put Mr. Davis on                ies (December 2016) (comprehensive lit-                sumed to be collected from the sale of
                                             the job.                                                erature review of 100 disparity studies indi-          87 million barrels of oil to be able to
                                                                                                     cating barriers minority businesses face               pay for the electric car charging sta-
                                               I yield the floor.
                                                                                                     across sectors and geographies).                       tions. So, literally, this bill sells oil to
                                               I suggest the absence of a quorum.                      NERA Economic Consulting study, The
                                               The PRESIDING OFFICER. The                                                                                   then pay for the electric car charging
                                                                                                     State of Minority- and Women-Owned Busi-
                                             clerk will call the roll.                               ness Enterprise in Construction: Evidence
                                                                                                                                                            stations. This bill also delays to get a
                                               The legislative clerk proceeded to                    from Houston (April 2012) (noting access to            score for this—it delays a Medicare
                                             call the roll.                                          capital as a key challenge for MBE’s, p.6).            Part D regulation that had already
                                               Mr. LANKFORD. Mr. President, I ask                      MBDA-commissioned study, Disparities in              been delayed already.
                                             unanimous consent that the order for                    Capital Access between Minority and Non-                 My concern is this: We are not pay-
                                             the quorum call be rescinded.                           Minority-Owned Businesses: The Troubling               ing attention to the most basic ele-
                                               The PRESIDING OFFICER. Is there                       Reality of Capital Limitations Faced by                ment. This is a quarter trillion dollars
                                             an objection?                                           MBEs (January 2010).                                   unpaid for, according to CBO, and




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                                               Without objection, it is so ordered.                    The PRESIDING OFFICER. The Sen-                      many other areas are pretty shaky
                                               Mr. LANKFORD. Mr. President, I ask                    ator from Oklahoma.                                    pay-fors in this.
                                             unanimous consent that myself, Sen-                                      AMENDMENT NO. 2137                      My simple suggestion is this: Let’s do
                                             ator SINEMA, and Senator CARPER be                        Mr. LANKFORD. Mr. President, I                       infrastructure, but let’s do the infra-
                                             allowed to finish our remarks before                    want to set some context of where we                   structure we can afford. If we can’t af-
                                             the vote begins.                                        are financially at this point.                         ford an extra quarter trillion of this



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                                             August 8, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                           S6057
                                             trillion-dollar bill, then let’s back it up               Three-fifths of Senators duly chosen                     for Federal-aid highways, highway safety
                                             to $750 billion. That should be pretty                  and sworn having voted in the affirma-                     programs, and transit programs, and for
                                             straightforward. If we can’t pay for                    tive, the motion is agreed to.                             other purposes.
                                                                                                                                                                    Charles E. Schumer, Thomas R. Carper,
                                             that extra amount, we shouldn’t do                                 VOTE ON AMENDMENT NO. 2131
                                                                                                                                                                     John Hickenlooper, Jon Tester, Rich-
                                             that extra amount.                                        The PRESIDING OFFICER. The                                    ard J. Durbin, Joe Manchin III, Jeanne
                                                               POINT OF ORDER                        question is on agreeing to amendment                            Shaheen, Kyrsten Sinema, Angus S.
                                               So, saying that, Mr. President, in the                No. 2131.                                                       King, Jr., Mark Kelly, Chris Van Hol-
                                             pending measure, Senate amendment                         The amendment (No. 2131) was agreed                           len, Tammy Baldwin, Margaret Wood
                                                                                                     to.                                                             Hassan, Benjamin L. Cardin, Sheldon
                                             No. 2137 to H.R. 3684 contains a matter
                                                                                                                                                                     Whitehouse, Amy Klobuchar, Chris-
                                             within the jurisdiction of the Com-                          VOTE ON AMENDMENT NO. 2137, AS AMENDED
                                                                                                                                                                     topher A. Coons, Mark R. Warner, Pat-
                                             mittee on the Budget that was not re-                     The PRESIDING OFFICER. The                                    rick J. Leahy.
                                             ported or discharged from the Com-                      question now occurs on agreeing to                           The PRESIDING OFFICER. By unan-
                                             mittee on the Budget. Therefore, I                      amendment No. 2137, as amended.                            imous consent, the mandatory quorum
                                             raise a point of order against division                   Mr. MERKLEY. Mr. President, I ask
                                                                                                                                                                call has been waived.
                                             J, title IX, section 905 of the amend-                  for the yeas and nays.                                       The question is, Is it the sense of the
                                             ment, pursuant to section 306 of the                      The PRESIDING OFFICER. Is there a                        Senate that debate on Calendar No. 100,
                                             Congressional Budget Act of 1974.                       sufficient second?                                         H.R. 3684, a bill to authorize funds for
                                               The PRESIDING OFFICER. The Sen-                         There is a sufficient second.
                                                                                                                                                                Federal-aid highways, highway safety
                                             ator from Arizona.                                        The clerk will call the roll.
                                                                                                                                                                programs, and transit programs, and
                                                          VOTE ON MOTION TO WAIVE                      The senior assistant legislative clerk
                                                                                                                                                                for other purposes, shall be brought to
                                                                                                     called the roll.
                                               Ms. SINEMA. Mr. President, pursu-                                                                                a close?
                                                                                                       Mr. THUNE. The following Senators
                                             ant to section 904 of the Congressional                                                                              The yeas and nays are mandatory
                                                                                                     are necessarily absent: the Senator
                                             Budget Act of 1974, I move to waive all                                                                            under the rule.
                                                                                                     from Wyoming (Mr. BARRASSO), the                             The clerk will call the roll.
                                             applicable sections of that act and any
                                                                                                     Senator from South Carolina (Mr. GRA-                        The legislative clerk called the roll.
                                             other applicable budget points of order
                                                                                                     HAM), and the Senator from South Da-                         Mr. THUNE. The following Senators
                                             for purposes of the pending amend-
                                                                                                     kota (Mr. ROUNDS).                                         are necessarily absent: the Senator
                                             ment, and I ask for the yeas and nays.
                                                                                                       The result was announced—yeas 69,                        from South Carolina (Mr. GRAHAM), the
                                               The PRESIDING OFFICER. Is there a
                                                                                                     nays 28, as follows:                                       Senator from South Dakota (Mr.
                                             sufficient second?
                                                                                                                [Rollcall Vote No. 312 Leg.]                    ROUNDS), and the Senator from Wyo-
                                               There appears to be a sufficient sec-
                                                                                                                         YEAS—69                                ming (Mr. BARRASSO).
                                             ond.
                                               The clerk will call the roll.                         Baldwin            Gillibrand             Peters             The yeas and nays resulted—yeas 68,
                                                                                                     Bennet             Grassley               Portman          nays 29, as follows:
                                               The bill clerk called the roll.                       Blumenthal         Hassan                 Reed
                                               Mr. THUNE. The following Senators                     Blunt              Heinrich               Risch                        [Rollcall Vote No. 313 Leg.]
                                             are necessarily absent: the Senator                     Booker             Hickenlooper           Romney                                YEAS—68
                                                                                                     Brown              Hirono                 Rosen
                                             from Wyoming (Mr. BARRASSO), the                        Burr               Hoeven                 Sanders
                                                                                                                                                                Baldwin           Gillibrand      Portman
                                                                                                                                                                Bennet            Hassan          Reed
                                             Senator from South Carolina (Mr. GRA-                   Cantwell           Kaine                  Schatz           Blumenthal        Heinrich        Risch
                                             HAM), and the Senator from South Da-                    Capito             Kelly                  Schumer          Blunt             Hickenlooper    Romney
                                                                                                     Cardin             King                   Shaheen
                                             kota (Mr. ROUNDS).                                      Carper             Klobuchar              Sinema
                                                                                                                                                                Booker            Hirono          Rosen
                                               The yeas and nays resulted—yeas 64,                                                                              Brown             Hoeven          Sanders
                                                                                                     Casey              Leahy                  Smith            Burr              Kaine
                                             nays 33, as follows:                                    Cassidy            Luján                 Stabenow                                           Schatz
                                                                                                                                                                Cantwell          Kelly           Schumer
                                                                                                     Collins            Manchin                Sullivan
                                                         [Rollcall Vote No. 311 Leg.]                Coons              Markey                 Tester
                                                                                                                                                                Capito            King
                                                                                                                                                                                                  Shaheen
                                                                                                                                                                Cardin            Klobuchar
                                                                  YEAS—64                            Cornyn             McConnell              Tillis           Carper            Leahy
                                                                                                                                                                                                  Sinema
                                                                                                     Cortez Masto       Menendez               Van Hollen                                         Smith
                                             Baldwin           Hassan             Reed                                                                          Casey             Luján
                                             Bennet            Heinrich                              Cramer             Merkley                Warner           Cassidy           Manchin         Stabenow
                                                                                  Risch
                                             Blumenthal        Hickenlooper                          Crapo              Murkowski              Warnock          Collins           Markey          Sullivan
                                                                                  Romney
                                             Blunt             Hirono                                Duckworth          Murphy                 Warren           Coons             McConnell       Tester
                                                                                  Rosen              Durbin
                                             Booker            Kaine                                                    Murray                 Whitehouse       Cornyn            Menendez        Tillis
                                                                                  Sanders            Feinstein          Ossoff                 Wicker
                                             Brown             Kelly                                                                                            Cortez Masto      Merkley         Van Hollen
                                                                                  Schatz             Fischer            Padilla                Wyden
                                             Burr              King                                                                                             Cramer            Murkowski       Warner
                                                                                  Schumer
                                             Cantwell          Klobuchar                                                                                        Crapo             Murphy          Warnock
                                                                                  Shaheen                                  NAYS—28
                                             Capito            Leahy                                                                                            Duckworth         Murray          Warren
                                                                                  Sinema             Blackburn          Inhofe                 Sasse
                                             Cardin            Luján                                                                                           Durbin            Ossoff          Whitehouse
                                                                                  Smith              Boozman            Johnson                Scott (FL)
                                             Carper            Manchin                                                                                          Feinstein         Padilla         Wicker
                                             Casey                                Stabenow           Braun              Kennedy                Scott (SC)
                                                               Markey                                                                                           Fischer           Peters          Wyden
                                             Cassidy           McConnell          Tester             Cotton             Lankford               Shelby
                                             Collins           Menendez           Tillis             Cruz               Lee                    Thune                                NAYS—29
                                             Coons             Merkley            Van Hollen         Daines             Lummis                 Toomey           Blackburn         Hyde-Smith      Rubio
                                             Cortez Masto      Murkowski          Warner             Ernst              Marshall               Tuberville       Boozman           Inhofe          Sasse
                                             Cramer            Murphy             Warnock            Hagerty            Moran                  Young            Braun             Johnson         Scott (FL)
                                             Crapo             Murray             Warren             Hawley             Paul                                    Cotton            Kennedy         Scott (SC)
                                             Duckworth         Ossoff             Whitehouse         Hyde-Smith         Rubio                                   Cruz              Lankford        Shelby
                                             Durbin            Padilla            Wicker                               NOT VOTING—3                             Daines            Lee             Thune
                                             Feinstein         Peters             Wyden                                                                         Ernst             Lummis          Toomey
                                             Gillibrand        Portman                               Barrasso           Graham                 Rounds           Grassley          Marshall        Tuberville
                                                                                                       The amendment (No. 2137), in the na-                     Hagerty           Moran
                                                                 NAYS—33                                                                                                                          Young
                                                                                                                                                                Hawley            Paul
                                             Blackburn         Hawley             Paul               ture of a substitute, as amended, was
                                             Boozman           Hoeven             Rubio              agreed to.                                                                   NOT VOTING—3
                                             Braun             Hyde-Smith         Sasse                                CLOTURE MOTION                           Barrasso          Graham          Rounds
                                             Cornyn            Inhofe             Scott (FL)
                                             Cotton            Johnson            Scott (SC)           The PRESIDING OFFICER. Pursuant                            The PRESIDING OFFICER (Mr. VAN
                                             Cruz              Kennedy            Shelby             to rule XXII, the Chair lays before the                    HOLLEN). On this vote, the yeas are 68,
                                             Daines            Lankford           Sullivan           Senate the pending cloture motion,                         the nays are 29.
                                             Ernst             Lee                Thune                                                                           Three-fifths of the Senators duly cho-
                                             Fischer           Lummis             Toomey
                                                                                                     which the clerk will state.
                                             Grassley          Marshall           Tuberville           The senior assistant legislative clerk                   sen and sworn having voted in the af-
                                             Hagerty           Moran              Young              read as follows:                                           firmative, the motion is agreed to.




ctelli on DSK11ZRN23PROD with SENATE
                                                              NOT VOTING—3                                         CLOTURE MOTION                                 The motion was agreed to.
                                                                                                       We, the undersigned Senators, in accord-                   The PRESIDING OFFICER. The ma-
                                             Barrasso          Graham             Rounds
                                                                                                     ance with the provisions of rule XXII of the               jority leader is recognized.
                                               The PRESIDING OFFICER (Mr. MUR-                       Standing Rules of the Senate, do hereby                      Mr. SCHUMER. Mr. President, it has
                                             PHY). On this vote the yeas are 64, the                 move to bring to a close debate on Calendar                been a long day, but we have plowed
                                             nays are 33.                                            No. 100, H.R. 3684, a bill to authorize funds              through as I have intended, and the



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                                             S6058                                             CONGRESSIONAL RECORD — SENATE                                                           August 8, 2021
                                             cloture motion on the final bill has                    Massachusetts (Mr. MARKEY), the Sen-                   SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                             passed by a very handsome, over-                        ator from Kansas (Mr. MARSHALL), the                   TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                             whelming vote.                                          Senator from New Jersey (Mr. MENEN-                    and Mr. ROMNEY)) to the bill H.R. 3684,
                                               And now we will continue to move                      DEZ), the Senator from Oregon (Mr.                     to authorize funds for Federal-aid high-
                                             forward on the infrastructure bill. The                 MERKLEY), the Senator from Kansas                      ways, highway safety programs, and
                                             substitute amendment, which is the                      (Mr. MORAN), the Senator from Alaska                   transit programs, and for other pur-
                                             text of the bipartisan bill, has been                   (Ms. MURKOWSKI), the Senator from                      poses; which was ordered to lie on the
                                             agreed to, and cloture has been invoked                 Connecticut (Mr. MURPHY), the Senator                  table; as follows:
                                             on the underlying bill.                                 from Washington (Mrs. MURRAY), the                        On page 202, strike line 5 and insert the fol-
                                               We will move forward. Amendments                      Senator from Georgia (Mr. OSSOFF),                     lowing:
                                             are no longer in order, and we will                     the Senator from California (Mr.                          (2) in subsection (l)—
                                             move forward to wrap this up as expe-                   PADILLA), the Senator from Michigan                       (A) by striking paragraph (2);
                                             ditiously as possible and then move on                  (Mr. PETERS), the Senator from Rhode                      (B) by striking the subsection designation
                                             to the budget resolution with reconcili-                                                                       and all that follows through ‘‘In deter-
                                                                                                     Island (Mr. REED), the Senator from
                                                                                                                                                            mining’’ in paragraph (1) in the matter pre-
                                             ation instructions.                                     Utah (Mr. ROMNEY), the Senator from                    ceding subparagraph (A) and inserting the
                                               The two-track process is moving                       Nevada (Ms. ROSEN), the Senator from                   following:
                                             along. It has been a process that has                   South Dakota (Mr. ROUNDS), the Sen-                       ‘‘(l) ACCOMMODATING UTILITY FACILITIES IN
                                             been a very good process. It has taken                  ator from Florida (Mr. RUBIO), the Sen-                THE RIGHT-OF-WAY.—
                                             a while, but it is going to be worth it,                ator from Vermont (Mr. SANDERS), the                      ‘‘(1) DEFINITIONS.—In this subsection:
                                             as, hopefully, we will have both bills                  Senator from Hawaii (Mr. SCHATZ), the                     ‘‘(A) INDIAN LAND.—The term ‘Indian land’
                                             very, very soon—the bipartisan infra-                   Senator from New Hampshire (Mrs.                       means—
                                             structure bill and the budget resolu-                                                                             ‘‘(i) land located within the boundaries of—
                                                                                                     SHAHEEN), the Senator from Arizona
                                             tion with reconciliation instructions.                                                                            ‘‘(I) an Indian reservation, pueblo, or
                                                                                                     (Ms. SINEMA), the Senator from Min-                    rancheria; or
                                                              f                                      nesota (Ms. SMITH), the Senator from                      ‘‘(II) a former reservation within Okla-
                                                        MORNING BUSINESS                             Michigan (Ms. STABENOW), the Senator                   homa; and
                                                                                                     from Alaska (Mr. SULLIVAN), the Sen-                      ‘‘(ii) land not located within the bound-
                                                                   ---                               ator from Montana (Mr. TESTER), the                    aries of an Indian reservation, pueblo, or
                                                   ADDITIONAL COSPONSORS                             Senator from South Dakota (Mr.                         rancheria—
                                                                                                     THUNE), the Senator from Alabama                          ‘‘(I) the title to which is held in trust by
                                                                    S. 2578                                                                                 the United States for the benefit of an Indian
                                               At the request of Mr. BROWN, the                      (Mr. TUBERVILLE), the Senator from
                                                                                                                                                            Tribe or an individual Indian;
                                             name of the Senator from California                     Maryland (Mr. VAN HOLLEN), the Sen-                       ‘‘(II) the title to which is held by an Indian
                                             (Mr. PADILLA) was added as a cosponsor                  ator from Virginia (Mr. WARNER), the                   Tribe or an individual Indian, subject to re-
                                             of S. 2578, a bill to extend the morato-                Senator from Georgia (Mr. WARNOCK),                    striction against alienation under laws of
                                             rium on residential evictions, and for                  the Senator from Massachusetts (Ms.                    the United States; or
                                                                                                     WARREN), the Senator from Rhode Is-                       ‘‘(III) the title to which is held by a de-
                                             other purposes.                                                                                                pendent Indian community.
                                                                                                     land (Mr. WHITEHOUSE), the Senator
                                                                    S. 2647                                                                                    ‘‘(B) RIGHT-OF-WAY.—The term ‘right-of-
                                                                                                     from Mississippi (Mr. WICKER), the Sen-
                                               At the request of Mrs. GILLIBRAND,                                                                           way’ means any real property, or interest
                                                                                                     ator from Oregon (Mr. WYDEN), and the
                                             the names of the Senator from Wis-                                                                             therein, acquired, dedicated, or reserved for
                                                                                                     Senator from Indiana (Mr. YOUNG) were                  the construction, operation, and mainte-
                                             consin (Ms. BALDWIN), the Senator
                                                                                                     added as cosponsors of S. 2647, a bill to              nance of a highway.
                                             from Wyoming (Mr. BARRASSO), the
                                                                                                     award a Congressional gold medal to                       ‘‘(C) UTILITY FACILITY.—
                                             Senator from Colorado (Mr. BENNET),
                                                                                                     the 369th Infantry Regiment, com-                         ‘‘(i) IN GENERAL.—The term ‘utility facil-
                                             the Senator from Connecticut (Mr.                                                                              ity’ means any privately, publicly, or coop-
                                                                                                     monly    known      as  the    ‘‘Harlem
                                             BLUMENTHAL), the Senator from Mis-                                                                             eratively owned line, facility, or system for
                                                                                                     Hellfighters’’, in recognition of their
                                             souri (Mr. BLUNT), the Senator from                                                                            producing, transmitting, or distributing
                                                                                                     bravery and outstanding service during
                                             New Jersey (Mr. BOOKER), the Senator                                                                           communications, power, electricity, light,
                                                                                                     World War I.
                                             from West Virginia (Mrs. CAPITO), the                                                                          heat, gas, water, steam, waste, storm water
                                             Senator from Maryland (Mr. CARDIN),                                       f                                    not connected with highway drainage, or any
                                             the Senator from Delaware (Mr. CAR-                          AMENDMENTS SUBMITTED AND                          other similar commodity, including any fire
                                                                                                                                                            or police signal system or street lighting
                                             PER), the Senator from Pennsylvania                                 PROPOSED
                                                                                                                                                            system, that directly or indirectly serves the
                                             (Mr. CASEY), the Senator from Dela-                       SA 2652. Mr. OSSOFF (for himself and Mr.             public.
                                             ware (Mr. COONS), the Senator from Ne-                  WHITEHOUSE) submitted an amendment in-                    ‘‘(ii) INCLUSIONS.—The term ‘utility facil-
                                             vada (Ms. CORTEZ MASTO), the Senator                    tended to be proposed to amendment SA 2137             ity’ includes—
                                             from North Dakota (Mr. CRAMER), the                     proposed by Mr. SCHUMER (for Ms. SINEMA                   ‘‘(I) a renewable energy generation facil-
                                             Senator from Montana (Mr. DAINES),                      (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr.            ity;
                                             the    Senator    from   Illinois (Ms.                  CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                   ‘‘(II) electrical transmission and distribu-
                                             DUCKWORTH), the Senator from Illinois                   TESTER, Ms. MURKOWSKI, Mr. WARNER, and                 tion infrastructure; and
                                                                                                     Mr. ROMNEY)) to the bill H.R. 3684, to author-            ‘‘(III) broadband infrastructure and con-
                                             (Mr. DURBIN), the Senator from Iowa
                                                                                                     ize funds for Federal-aid highways, highway            duit.
                                             (Ms. ERNST), the Senator from Cali-                     safety programs, and transit programs, and                ‘‘(2) ACCOMMODATION.—In determining’’;
                                             fornia (Mrs. FEINSTEIN), the Senator                    for other purposes; which was ordered to lie           and
                                             from Nebraska (Mrs. FISCHER), the Sen-                  on the table.                                             (C) by adding at the end the following:
                                             ator from Iowa (Mr. GRASSLEY), the                        SA 2653. Mr. MARSHALL submitted an                      ‘‘(3) STATE APPROVAL.—A State, on behalf
                                             Senator     from     Tennessee    (Mr.                  amendment intended to be proposed to                   of the Secretary, may approve accommo-
                                             HAGERTY), the Senator from New                          amendment SA 2137 proposed by Mr. SCHU-                dating a utility facility described in para-
                                                                                                     MER (for Ms. SINEMA (for herself, Mr.                  graph (1)(C)(ii) within a right-of-way on a
                                             Hampshire (Ms. HASSAN), the Senator
                                                                                                     PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs.                Federal-aid highway.
                                             from New Mexico (Mr. HEINRICH), the
                                                                                                     SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR-                ‘‘(4) EXCLUSION.—Paragraph (3) shall not
                                             Senator      from     Colorado    (Mr.                  KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to                apply to a utility facility on Indian land.
                                             HICKENLOOPER), the Senator from Ha-                     the bill H.R. 3684, supra; which was ordered              ‘‘(5) RULE OF CONSTRUCTION.—Nothing in
                                             waii (Ms. HIRONO), the Senator from                     to lie on the table.                                   this subsection shall be construed to alter or
                                             Oklahoma (Mr. INHOFE), the Senator                                      f                                      affect—
                                             from Virginia (Mr. KAINE), the Senator                                                                            ‘‘(A) the regulatory classification of
                                             from Arizona (Mr. KELLY), the Senator                        TEXT OF AMENDMENTS                                broadband services or facilities under the




ctelli on DSK11ZRN23PROD with SENATE
                                             from Maine (Mr. KING), the Senator                        SA 2652. Mr. OSSOFF (for himself                     Communications Act of 1934 (47 U.S.C. 151 et
                                                                                                                                                            seq.); or
                                             from Minnesota (Ms. KLOBUCHAR), the                     and Mr. WHITEHOUSE) submitted an
                                                                                                                                                               ‘‘(B) any prohibition on commercial activ-
                                             Senator from Vermont (Mr. LEAHY),                       amendment intended to be proposed to                   ity under section 111(a).’’;
                                             the Senator from New Mexico (Mr.                        amendment SA 2137 proposed by Mr.                         (3) in subsection (o)—
                                             LUJÁN), the Senator from West Vir-                     SCHUMER (for Ms. SINEMA (for herself,                     On page 202, line 23, strike ‘‘(3)’’ and insert
                                             ginia (Mr. MANCHIN), the Senator from                   Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                     ‘‘(4)’’.




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