Congressional Record, Senate — March 22, 2022, S1276
Summary
This is S1276 of the Congressional Record, Senate, March 22, 2022, with interleaved columns of floor remarks. One unnamed speaker describes the destruction in Ukraine, calls for additional sanctions on Russia and enhanced Ukrainian air defenses, and cites refugee numbers, with the views attributed to the speaker. Another speaker urges confirmation of Judge Cristina Silva and Professor Anne Traum to the Nevada Federal bench. Mr. Kaine asks unanimous consent that the Senate stand in recess until 2:15 p.m., and the Senate recesses at 12:01 p.m. Mr. Cornyn then speaks under the heading Nomination of Ketanji Brown Jackson.
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“Congressional Record, Senate — March 22, 2022, S1276.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-03-22-crec-2022-03-22-pt1-pgs1276-2-b53a9245ad/
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S1276 CONGRESSIONAL RECORD — SENATE March 22, 2022
What I saw, I hope no one will ever see. ments of arms to Ukraine. And the the support of Senator ROSEN, and I
Mariupol will become part of a list of cities President needs to find a way to fur- urge the Senate to confirm them.
that were completely destroyed by war. ther enhance Ukrainian air defenses, Nevada’s Federal bench has had va-
‘‘What I saw, I hope no one will ever whether that involves sending the S– cancies since 2016 and 2018, so the need
see. Mariupol will become part of a list 300 air defense systems that President is urgent. Senator ROSEN and I have
of cities that were completely de- Zelenskyy asked for, or armed drones, carefully reviewed the records of the
stroyed by war.’’ We don’t have to look or facilitating the transfer of MiG air- President’s nominees, Judge Cristina
far for the source of these horrors; they craft from NATO countries to the Silva and Professor Anne Traum, in co-
can be attributed to one man, to Vladi- Ukrainian Air Force, or all of the operation with the bipartisan judicial
mir Putin. above. commissions in our State.
To achieve his vision of a Russian Russia is currently unleashing devas- Both of these women have the skill,
Empire, he has laid waste to the coun- tation from the skies of Ukrainian cit- the dedication, and knowledge of the
try of Ukraine; thousands of lives sac- ies, and we need to find a way of help- law to serve Nevadans and the Nation
rificed, on both sides, because he wants ing Ukrainians to reduce or eliminate as district court judges. Judge Cristina
Ukraine, because he thinks Ukraine that threat. Silva held leadership positions at the
should be part of Russia. It doesn’t Finally, we need to make sure that U.S. Attorney’s Office for the District
matter that the people of Ukraine have while we are sanctioning Russia on the of Nevada, where she became the first
made it unmistakably clear that they one hand, we are not enriching it on woman and Latina to serve as chief of
are their own people and a sovereign the other with things like an Iran deal the criminal division and worked on
nation willing to lay down their lives that could see Russia benefit to the the investigation into the Route 91
for their freedom. Putin wants tune of $10 billion. Harvest Festival shooting in Las
Ukraine, and he is apparently willing The people of Ukraine are not wait- Vegas.
to destroy Ukraine to get it. Since 2019, she has been a judge on
ing for anyone to come and save them.
All this evil, all this destruction, so the Eighth Judicial District Court in
They are fighting with everything they
many—so many—human lives wasted Las Vegas. Nevada has benefited im-
have to save their country, but they
all because of one man’s fixation on a mensely from Judge Silva’s public
are asking for our help. They need
Russian Empire. More than 3.3 million service, and I am confident she will
arms and resources and humanitarian
refugees have fled Ukraine, including continue that service on the Federal
assistance to sustain their fight
at least 1.5 million children, and bench.
against Russian forces that are in- Professor Anne Traum has served as
around 6.5 million Ukrainians are in- creasingly showing less and less re-
ternally displaced. That amounts to an attorney for civil courts in the U.S.
straint. And they are relying on us—on Attorney’s Office, as an assistant Fed-
roughly one-quarter of Ukraine’s popu- us—on our shared belief in freedom and
lation forced from their homes. And eral public defender, and as a practi-
self-determination, on our shared com- tioner who has argued more than 30
the numbers continue to grow. mitment to human liberty.
Last week, President Zelenskyy ad- cases before the Ninth Circuit Court of
The Ukrainian people know what Appeals.
dressed Congress. In powerful words, he they want to be and that is a free peo- She currently teaches at UNLV’s
outlined a situation in Ukraine and ple in a free country, and they have the William S. Boyd School of Law, where
asked for additional help as Ukrainians will to stay in this fight. They just she directs the law school’s appellate
battle for their country. I am proud need our help. Let’s not let them down. clinic in working on cases before the
that the United States has provided I yield the floor. Ninth Circuit and the Nevada Supreme
Ukraine with substantial military as- I suggest the absence of a quorum. Court.
sistance and has put in place strong The PRESIDING OFFICER (Mr. Professor Traum’s record, as both a
sanctions against Russia, including HEINRICH). The clerk will call the roll. practitioner and as an academic, will
sanctioning the lifeblood of the Rus- The legislative clerk proceeded to make her a strong addition to the U.S.
sian economy, which is the Russian en- call the roll. District Court.
ergy sector. Mr. KAINE. Mr. President, I ask These two nominees have received
But, Mr. President, we have to do unanimous consent that the order for the support of many in Nevada’s legal
more. However much current sanctions the quorum call be rescinded. community, including former Repub-
have hit the Russian economy, Putin is The PRESIDING OFFICER. Without lican Governor Brian Sandoval, a
still prosecuting his war of aggression objection, it is so ordered. former Federal judge himself. They
in Ukraine, and so we have to do more. have demonstrated their commitment
We have to send the message, un- f
to justice, the law, and to their com-
equivocally, that Russia will be an out- RECESS munity.
cast from the free world until it with- They represent the best of Nevada,
draws from Ukraine. Mr. KAINE. Mr. President, I ask
unanimous consent that the Senate and I will vote for them enthusiasti-
There are additional sanctions the cally, and I ask and call on my col-
United States can put in place, and we stand in recess until 2:15 p.m.
There being no objection, the Senate, leagues to do the same.
need to immediately get to work I yield the floor.
unleashing American energy produc- at 12:01 p.m., recessed until 2:15 p.m.
The PRESIDING OFFICER. The Sen-
tion so we can provide energy to our al- and reassembled when called to order
ator from Texas.
lies in Europe and lessen their depend- by the Presiding Officer (Ms. SINEMA).
NOMINATION OF KETANJI BROWN JACKSON
ence on energy from Russia. Every dol- f Mr. CORNYN. Madam President, as
lar—every dollar—that goes to pur- anybody who has been watching C–
AMERICA CREATING OPPORTUNI-
chase Russian energy is a dollar that SPAN knows, the confirmation process
TIES FOR MANUFACTURING,
Russia can use to finance its war of ag- for Judge Ketanji Brown Jackson is
PRE-EMINENCE IN TECHNOLOGY,
gression. well underway.
AND ECONOMIC STRENGTH ACT
The United States has correctly Over the last few weeks, members of
OF 2022—MOTION TO PROCEED—
banned Russian oil and gas imports; the Senate Judiciary Committee, on
Continued
now we need to help our allies in Eu- which I am honored to serve, have con-
rope permanently divest themselves of The PRESIDING OFFICER. The Sen- ducted a meticulous review of Judge
their reliance on Russian energy. Con- ator from Nevada. Jackson’s record and qualifications.
gress needs to act immediately on leg- NOMINATIONS OF CRISTINA D. SILVA AND ANNE During this week’s hearing, though,
ctelli on DSK11ZRN23PROD with SENATE
islation to suspend Russia’s favorable RACHEL TRAUM we have an opportunity to dig deeper
trading status. Membership at the Ms. CORTEZ MASTO. Madam Presi- and to hear directly from the nominee
World Trade Organization should be dent, this week, the Senate considers about her ability to serve as a fair and
limited to countries that don’t launch two outstanding nominees to the U.S. impartial Supreme Court Justice—
unprovoked wars on their neighbors. District Court for the District of Ne- somebody without an agenda, some-
We also need to continue our ship- vada. They have my full support and body who doesn’t dabble in politics,
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1277
and somebody who doesn’t use this po- Beyond a thorough review of Judge are held accountable every time we
sition to enact policies that they pre- Jackson’s record, we also need to gain stand for election.
fer. a clear picture of how she approaches We do not need—nor do I want—a
Many of our colleagues are familiar her job of judging—what some people judge who will decide at the front end
with Judge Jackson’s experience be- call judicial philosophy, what I call the result they want to reach and then
cause she was recently confirmed to who decides. There are some questions cherry-pick the law and the facts in
the District of Columbia’s Circuit that are decided by judges that should order to justify that decision. So it is
Court just 9 months ago. She received be decided by judges and not elected important to understand the process by
her undergraduate degree and law de- Representatives, like Members of Con- which Judge Jackson makes her legal
gree from Harvard, certainly sterling gress. decisions, and we got a little bit of a
credentials, and she worked for Justice Conversely, there are some areas, as glimpse this morning, but over the
Steve Breyer, who is the judge that she I suggested, where we should be mak- next couple of days, we will have fur-
is succeeding on the Court. ing the decisions and be held account- ther opportunity to ask more questions
She has had varied experience, which able for those decisions, and the judge about that.
I think is to her credit. She has been a ought to be making a more narrow and One of the things I am concerned
public defender. She later served on the focused review of those decisions for about is some of the outside groups
U.S. Sentencing Commission. And she constitutionality and legality. that are advocating for Judge Jack-
has spent the last 9 years as a trial But that does not give her permission son’s confirmation. We are seeing ac-
court judge on the Federal bench. to impose her policy preferences over tivists that demand judges reach a par-
Judge Jackson is obviously smart, and those of a majority of Congress when a ticular result, regardless of the facts,
she is quite accomplished. bill is passed and signed into law by or what the law prescribes.
But we know that a lifetime appoint- the President. Some of these outside rabble-rousers
ment on the Supreme Court requires Judge Jackson previously suggested believe judges should deliver results
more than just an impressive resume. that she didn’t really have a judicial that their party can’t seem to accom-
Our democracy requires that judges philosophy—something I find very dif- plish through the deliberation, com-
rule based on the law. To use the words ficult to believe. promise, and rough-and-tumble of the
that Judge Jackson used this morning Today, she did not provide a lot of legislative process.
in the Judiciary Committee hearing, clarity beyond offering vague state- And when the Court does not deliver
she said, Judges need to stay in their ments about the methodology by which these results, many of these outside
lane, which I actually appreciate, be- she decides cases. I find it very hard to groups will attack the integrity and le-
cause under the separation of powers, believe a judge with this kind of expe- gitimacy of the Court as an institu-
obviously, a lifetime-tenured Federal rience says she doesn’t have a judicial tion.
judge who does not stand for election philosophy, and I hope we can gain In recent years, these radical views
should not be making policy. That more clarity as the hearings continue. have made it into the mainstream. In
should be left to those of us in the elec- Again, she did talk about staying in the summer of 2019, five of our Demo-
toral process to make those decisions, her lane, not making political or policy cratic colleagues—including the cur-
and then, of course, the Courts deter- decisions, which is a good start. But rent chairman of the Judiciary Com-
mine the constitutionality and legality there is a lot more we need to hear mittee—filed a ‘‘Friend of the Court’’
of those policy choices. It is not appro- about and a lot more commitments we brief in the U.S. Supreme Court on gun
priate for them to impose their own need to get from the judge before she is rights. These Senators, in their brief,
preferences instead. confirmed to the Federal bench. made a not-so-subtle threat that unless
Unlike previous nominees who had no Judicial philosophy has always been the Court ruled a particular way, the
experience on the bench, we don’t have of the central points of inquiry by the entire institution would be restruc-
to make assumptions about Judge Judiciary Committee. And never more tured.
Jackson’s decisions; we have the abil- so than at this particular moment is it Several months later, the leader of
ity to examine hundreds of prior opin- important. the Senate—the majority leader—fired
ions that she has issued and to ask for The Framers of the Constitution, we his own warning shot. He actually went
clarity from the nominee herself. know, had the wisdom to establish one to the Supreme Court steps and threat-
In addition to her time on the Fed- branch that made policy decisions. And ened two sitting Supreme Court Jus-
eral bench, we have a responsibility to that would be the executive branch and tices by name if they did not rule in a
dive into Judge Jackson’s record as the legislative branch—actually two particular fashion.
both a prosecutor and as a member of branches of government—and another But the Senate isn’t the only place
the U.S. Sentencing Commission. that would operate free of politics and we are seeing these sorts of irrespon-
Despite what some of our colleagues elections and be given lifetime tenure. sible attacks. Liberal dark money
have suggested, none of these lines of Ultimately, all legitimacy of govern- groups, like Demand Justice, have paid
questioning are out of bounds. It is ment comes from consent of the gov- millions of dollars to promote Court
really amazing to me that even though erned and so we don’t have a group of packing and sow public distrust in the
the President has a constitutional nine overlords or wise men and women legitimacy of the Court.
right to nominate whomsoever he on the Potomac who are going to tell And even the White House appears to
chooses, we have a constitutional duty us how to live our lives. That is a deci- be open to a Supreme Court overhaul.
to provide what is called ‘‘advice and sion that we the people make through On the campaign trail, for example,
consent.’’ our elected Representatives and President Biden refused to disavow re-
And so that means asking tough, but through our Constitution and other forming the Supreme Court. His admin-
respectful, questions about her record laws. istration even established a commis-
and background. The Senate is not In Federalist 78, Alexander Hamilton sion to study the issue.
here to rubberstamp the White House’s said that the courts would have ‘‘no in- The courts were not designed and are
nominee. We have a responsibility to fluence on either the sword or the not designed to be a roundabout way to
scrutinize her record, understand her purse.’’ In other words, they wouldn’t deliver certain results or invent new
thinking, her judicial philosophy, and, be responsible for national security or rights out of whole cloth. That is ille-
ultimately, to determine whether she public safety or for spending tax dol- gitimate, in my view, and I am not the
has the right qualities to serve as a lars. only one who thinks that. That is why
member of the Court. And he went on to say, ‘‘It may truly it is imperative that we gain a clear
ctelli on DSK11ZRN23PROD with SENATE
That is exactly what advice and con- be said to have neither force nor will, understanding of Judge Jackson’s ap-
sent involves, and Judge Jackson’s but merely judgment.’’ That is another proach to judging and what she regards
record—including her work at every way of saying that judges decide cases as in her lane and what she under-
point of her career—should be exam- and controversies. They don’t make stands to be out of her lane in terms of
ined, and none of it should be out of broad policy pronouncements. That is policymaking or political decision
bounds. our job here in Congress for which we making.
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S1278 CONGRESSIONAL RECORD — SENATE March 22, 2022
We need to know that if confirmed, Judge Jackson has been treated with to $1.1 billion and gave its CEO a 22-
she will rule without fear or favor; that courtesy, with civility, dignity, and re- percent pay raise last year to $14 mil-
she will follow the law as written, not spect, and I expect that trend to con- lion. Meanwhile, the owner of the com-
as what she wants it to be, but what it tinue through the remainder of this pany, John Tyson, nearly doubled his
actually is; and that she will defend process. As Republicans have said all wealth during the pandemic and is now
the Supreme Court as an institution, along, this process will be thorough worth some $3 billion.
as Justice Breyer has and Justice Gins- and exhaustive, but it will be respect- Do you want more corporate greed?
burg had when asked about Court pack- ful. Here it is. We are looking at out-
ing. We have a busy week ahead of us, and rageously high prices for prescription
The Senate’s duty is to provide ad- I am eager to learn more about Judge drugs, and, in fact, we pay by far the
vice and consent, and it is absolutely Jackson, her judicial philosophy, and highest prices in the world.
critical to the integrity of the High the qualifications she would bring if Last year, Pfizer, Johnson & John-
Court and the health of our democracy. confirmed to the Supreme Court. son, and AbbVie, three giant pharma-
Judges, after all, don’t have term lim- I yield the floor. ceutical companies, increased their
its. They don’t serve for 2 years and I suggest the absence of a quorum. profits by over 90 percent—a 90-percent
stand for reelection or 6 years as we do The PRESIDING OFFICER. The increase in profits—to $54 billion.
here in the Senate. clerk will call the roll. Meanwhile, the CEOs of just eight pre-
They are not accountable in elec- The senior assistant legislative clerk scription drug companies made $350
tions. They wield tremendous power as proceeded to call the roll. million in total compensation in 2020.
defenders of the Constitution and the Mr. SANDERS. Madam President, I When we talk about corporate greed,
last word in resolving contested law- ask unanimous consent that the order we are also talking about massive lev-
suits in the courts. for the quorum call be rescinded. els of income and wealth inequality. In
So we have a responsibility to the The PRESIDING OFFICER. Without our country today, the 2 wealthiest
American people to get this right, to objection, it is so ordered. people own more wealth than the bot-
thoroughly evaluate Judge Jackson’s CORPORATE WELFARE tom 42 percent of our population, and
qualifications, and do our best to en- Mr. SANDERS. Madam President, at that is more than 130 million people.
sure that, if confirmed, she will be an a time of massive and growing income Two people own more wealth than 130
impartial and fair judge, not just for and wealth inequality, the American million Americans.
the people who nominated her, not just people are outraged at the unprece- The top 1 percent now owns more
for the outside groups that are cheer- dented level of corporate greed that is wealth than the bottom 92 percent.
ing on her confirmation, but for all taking place all around them. Since the Wall Street crash of 2008,
Americans. Today, while the working class of about 45 percent of all new income has
Before Judge Jackson was named to this country is struggling with higher gone to the top 1 percent. In other
fill this vacancy and before there was gas prices, higher food prices, and high- words, over the last many decades,
even a vacancy to fill, President Biden er housing prices, the billionaire class there has been in this country a mas-
promised to nominate an African- and large corporations are doing phe- sive redistribution of wealth. Unfortu-
American woman to fill this bench. nomenally well and, in fact, have never nately, that redistribution has gone in
While the historic nature of Judge ever had it so good. the wrong direction: It has gone from
Jackson’s nomination has been heavily In the United States today, while the the middle class and working families
reported, there has been far less atten- average worker is making $44 a week to the top 1 percent.
tion paid to the fact that she is not the less in inflation-accounted-for dollars Now, I understand that is not an
first African American who was consid- than he or she made nearly 50 years issue we talk about much here on the
ered for the Supreme Court—African- ago, corporate profits are at an alltime floor of the Senate, and that is not an
American woman. high, and CEOs have seen huge in- issue we talk about much in the media,
When Justice Sandra Day O’Connor creases in their compensation pack- but it is an issue that must be talked
announced her retirement in 2005, one ages. We have never seen in this coun- about and, more importantly, must be
of the top names floated as a potential try the level of corporate greed that we dealt with.
successor was Judge Janice Rogers are seeing right now—unprecedented. Now, listen to this, which I think
Brown. Now, let me just give you a few ex- really says it all: During this terrible
And, as we now know, Democrats fili- amples. While the price of gas has pandemic when many thousands of es-
bustered Judge Brown, and she was ul- soared—it is now $4.25 a gallon on aver- sential workers died on the job—they
timately never even given the oppor- age—ExxonMobil, Chevron, BP, and went to work in order to feed their
tunity to be nominated to serve on the Shell made nearly $30 billion in profit families; they contracted the virus; and
Supreme Court. But that wasn’t be- last quarter alone—just last quarter. thousands of them died. During that
cause of opposition by Republicans; it Meanwhile, Big Oil CEOs are on track same period of time, over 700 billion-
was because our Democratic col- to spend $88 billion this year—not to aires in America became nearly $2 tril-
leagues, led by then-Senator Joe Biden, produce more oil, not to address the lion richer. Working people die on the
derailed her nomination. Janice Rogers crisis of climate, but to buy back their job because they have to feed their
Brown had the opportunity to make own stock and hand out dividends to families, and 700 people—not a whole
history by being the first African- enrich their wealthy stockholders. lot of people—became $2 trillion richer.
American woman nominated for and Here is more corporate greed. In fact, So that is where we are today. Des-
confirmed as a member of the Supreme it is never-ending. Amazon raised the perate workers are dying because they
Court, but it is very clear that then- price of its Prime membership by 16.8 are forced to go to work to provide for
Senator Joe Biden led the effort to de- percent while it increased its profits by their families while the people on top
rail that nomination and denied her 75 percent to a recordbreaking $35 bil- are doing unbelievably well.
that historic opportunity. lion—and, by the way, managed to Today, billionaires like Elon Musk,
I understand and appreciate the his- avoid paying $5.2 billion in taxes. Jeff Bezos, and Richard Branson are
toric nature of Judge Jackson’s nomi- Meanwhile, the founder of Amazon, zooming off in their spaceships to outer
nation, but I hope our colleagues and Jeff Bezos, became $81 billion richer space; they are buying $500 million
members of the media do not lose sight during the pandemic and is now worth superyachts; and they are buying man-
of the mistreatment of the many nomi- some $186 billion. That is his worth. sions with 25 bathrooms while half of
nees and should-have-been nominees More corporate greed: The price of our people live paycheck to paycheck.
ctelli on DSK11ZRN23PROD with SENATE
who came before Judge Jackson. What beef is up 32 percent; the price of chick- Is that really what America is sup-
the American people have seen over the en is up 20 percent; and the price of posed to be about?
last 2 days is a far cry from the way we pork is up 13 percent. Meanwhile, We are discussing now, in the midst
have seen people like Justice Gorsuch Tyson Foods, a major producer of of this horrific, horrific war in
or Justice Kavanaugh treated by our chicken, beef, and hot dogs, increased Ukraine—there has been a lot of dis-
friends across the aisle. its profits by 140 percent last quarter cussion about the Russian oligarchy,
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1279
and that is absolutely appropriate be- We have 45 million Americans strug- outsourced tens of thousands of jobs to
cause in Russia, you have a handful of gling with student debt because of the low-wage countries and spent hundreds
billionaires attached to Putin who own outrageous cost of higher education. of billions on stock buybacks with no
unbelievable wealth. But what do we Apparently, our young people are not strings attached may make sense to
think we have now in this country? It entitled to quality education without some people, but it does not make
is an American oligarchy, as the dis- undergoing financial distress or, in sense to me—nor do I think it makes
tribution of wealth and income be- some cases, decades. sense to the American people.
comes worse and worse every day. Those people are not entitled, but Now, I understand that there will be
The American people want those of here we are today on the floor of the a major effort to pass this bill as
us in Congress to take action to ad- Senate because many of my colleagues quickly as possible in order to move it
dress the unprecedented level of cor- think that the enormously profitable to a conference committee and send it
porate greed and income and wealth in- microchip industry is entitled to a to the President’s desk. So let me be
equality that we are seeing right now. massive amount of corporate welfare. very clear. I will not support any unan-
They are sick and tired of large cor- My guess is that five major semicon- imous consent request to speed up the
porations making record profits and in ductor companies will likely receive passage of this bill unless I receive a
a given year paying nothing—zero—in the lion’s share of this taxpayer hand- rollcall vote on two extremely impor-
Federal taxes. They are sick and tired out. They will likely be Intel, Texas In- tant amendments that I have intro-
of billionaires paying a lower effective struments, Micron Technology,
duced.
tax rate than a teacher, a nurse, a GlobalFoundries, and Samsung. These
five companies, in line for a massive The first amendment would prevent
truckdriver, or a firefighter.
The American people want Congress welfare check, made over $75 billion in microchip companies from receiving
to address corporate greed and make profits last year—made $75 billion in taxpayer assistance unless they agree
certain that the wealthiest people and profits—and now they are in line for to issue warrants or equity stakes to
most profitable corporations pay their $53 billion in corporate welfare. the Federal Government. If private
fair share of taxes. Yet, this week, My understanding is that the com- companies are going to benefit from
right now, what are we debating here pany that will likely benefit the most over $53 billion in corporate welfare,
on the floor of the Senate? We are de- from this taxpayer handout is Intel, the financial gains made by these com-
bating legislation to provide some $53 and let us be clear, Intel is not a poor panies must be shared with the Amer-
billion—billion dollars—in corporate company. It is not going broke. It is ican people, not just wealthy share-
welfare, with no strings attached, to not in a desperate financial condition; holders. In other words, all this amend-
the highly profitable microchip indus- quite the contrary, in 2021, Intel made ment says is that if these companies
try. nearly $20 billion in profit. We are talk- want taxpayer assistance, we are not
And, yes, if you can believe it—and I ing about a company that had enough going to socialize all of the risks and
suspect there are people out there who money to spend $14.2 billion during the privatize all of the profits. If these in-
really don’t believe it, but I am telling pandemic, not on research and develop- vestments turn out to be profitable as
you the truth—this legislation also ment but on buying back its own stock a direct result of these Federal grants,
provides a $10 billion bailout to Jeff to reward their executives and wealthy the taxpayers of this country have a
Bezos so that his company, Blue Ori- shareholders. We are talking about a right to get a return on that invest-
gin, can launch a rocket ship to the company in line for a major welfare ment. That is not complicated nor is it
Moon. check that could afford to give its CEO, a radical idea.
In terms of the microchip industry, Pat Gelsinger, a $116 million compensa- These exact conditions were imposed
let us be very clear. We are talking tion package last year. on corporations that received taxpayer
about an industry that has shut down There are working-class people all assistance in the bipartisan CARES
over 780 manufacturing plants in the over this country working 50 or 60 Act, which passed the Senate 96 to
United States and eliminated 150,000 hours a week trying to keep their fami- zero. In other words, every Member of
American jobs over the last 20 years lies afloat, paying their fair share of the U.S. Senate has already voted for
while moving most of its production taxes, and providing $53 billion in cor- the conditions that are in my amend-
overseas. In other words, in order to porate welfare, a lot of which will go to ment.
make more profits, these companies a company that pays its CEO $116 mil- Further, the CARES Act was not the
shut down plants in the United States lion in compensation and provided bil- first time that Congress passed war-
and hired cheap labor abroad. lions in stock paybacks. rants and equity stakes tied to govern-
And now, believe it or not, these very We are talking about a company, ment assistance. During the 2008 finan-
same companies that sold the Amer- Intel, whose CEO in 2003, Andy Grove, cial crisis, Congress required all com-
ican worker out, they are now in line said that he had ‘‘no choice’’ but to panies taking TARP funds to issue
to receive $53 billion in corporate wel- continue to move jobs overseas as he warrants and equity stakes to the Fed-
fare to undo the damage that they predicted the United States would lose eral Government.
themselves caused. the bulk of its information technology
Do we need to expand the enormously In addition, this amendment would
jobs to China and India—which we
important microchip industry in this also require these highly profitable
have.
country so that we become less depend- Now, do we really think that a highly companies not to buy back their own
ent on foreign nations? The answer is, profitable corporation like Intel needs stock, not to outsource American jobs,
yes, absolutely. But we can accomplish a taxpayer bailout worth many billions not to repeal existing collective bar-
that goal without throwing huge sums of dollars with no strings attached? gaining agreements and to remain neu-
of money at these companies with zero, But it is not just Intel. Another com- tral in any union organizing effort.
no protections, for the taxpayer—just pany that will likely receive taxpayer Again, this is not a radical idea. All of
here it is; take the money. assistance under this legislation is these conditions were imposed on com-
We are the only major country on Texas Instruments. Last year, Texas panies that received funding from the
Earth that does not guarantee Instruments made $7.8 billion in prof- CARES Act and passed the Senate by a
healthcare to all of our people. Appar- its. In 2020, this company spent $2.5 bil- 96-to-zero vote.
ently, the American people are not en- lion buying back its own stock while it The second amendment that I have
titled to healthcare. has outsourced thousands of good-pay- introduced would simply eliminate the
We have the highest child poverty ing American jobs to low-wage coun- $10 billion bailout to Jeff Bezos to fly
rate of almost any major country on tries and spent more than $40 million to the Moon. If Mr. Bezos wants to go
ctelli on DSK11ZRN23PROD with SENATE
Earth, which has gone up by 41 percent on lobbying over the past 2 years. to the Moon, good for him. He has $186
since January because of the refusal of But it is not just Intel. It is not just billion in personal wealth. He became
some to extend the child tax credit. Texas Instruments. It goes on and on $81 billion richer during the pandemic.
Apparently, our working families are and on. He is the second wealthiest person in
not entitled to raise their kids in secu- Providing $53 billion in corporate America. In a given year, Mr. Bezos has
rity and dignity. welfare to an industry that has paid nothing in Federal income taxes.
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S1280 CONGRESSIONAL RECORD — SENATE March 22, 2022
If Mr. Bezos wants to go to the Moon, whole country feels it in the form of During the pandemic, companies
let him use his own money, not the higher prices and empty shelves and across Ohio and the rest of the country
taxpayers’. months-long waits for products people shut down production lines and laid off
I yield the floor. need. workers because they couldn’t get
The PRESIDING OFFICER. The Sen- We need to make more things in enough semiconductors. Whether you
ator from Ohio. America. It is not going to happen on are the Ford Motor Company in Lima,
H.R. 4521 its own, not when the economy of the OH; Whirlpool in Clyde, OH; Kenworth
Mr. BROWN. Madam President, for last four decades was built on corpora- in Chillicothe, OH; Navistar in Spring-
generations, manufacturing was the tions hopping the globe in search of field, OH, you needed those chips. In
lifeblood of communities across Ohio workers to exploit, not when countries the semiconductor industry, we see the
and throughout the country. It was like China prop up state-owned enter- problem; we see the solution.
heavily unionized, and the jobs paid prises and steal our ideas and monetize In the end of January, Senator
well. It is not a coincidence that those them and use them to compete and PORTMAN and I flew to Columbus to
two things go together. These jobs al- often cheat against American busi- join Intel to announce the largest ever
lowed generations of Americans to nesses and American workers. investment in semiconductor manufac-
build a middle-class life. We need a concerted, coordinated ef- turing. It will create 10,000 good-paying
I walked the halls at Mansfield Sen- fort to invest in our greatest assets: jobs. Union tradespeople—5,000 over the
ior High School and Johnny Appleseed American workers and American inno- next 10 years—will build this entire fa-
Junior High School with the sons and vation. That is what we do with this cility. It is possible because we are on
daughters of steelworkers and iron- competition and jobs bill. We need to the verge of passing a historic invest-
workers and carpenters and machinists negotiate a final bill and pass this now. ment in American innovation and man-
and auto workers and electricians. Ohioans needed this a year ago, a dec- ufacturing.
Workers, the parents of kids in my ade ago, a generation ago. The Senate called it the Innovation
school—those workers—innovated on Look at what is happening even and Competition Act. The House calls
the shop floor. They propelled our today in Bucyrus, OH. it the COMPETES Act. Call it for what
economy to new heights. They allowed There are few innovations more it is: It is the ‘‘Make It in America
us to lead the world in developing new quintessentially American than the Act.’’
industries. light bulb. Every elementary schooler The bill includes the CHIPS Act to
But Ohioans know all too well what learns that Thomas Edison, from make investments like Intel in Ohio
happened next. Beginning in the 1970s Milan, OH, invented the light bulb at possible and to position us to lead the
and the 1980s, we stopped making his lab in Menlo Park, NJ, and Ohio be-
things in our country. world again in this industry. It expands
came the center of the light bulb indus- advanced manufacturing hubs and will
Look at places like my hometown in
try. create more of these hubs around the
Mansfield, OH. It is an industrial city
But we have seen plants close across country, and it is a real coordinated
of about 50,000 people, halfway between
Ohio in Ravenna and Warren. We are strategy to invest in R&D.
Cleveland and Columbus. Companies
told these plants are old and dated. We know our competitors like China
like Westinghouse, Tappan Stove, Ohio
They made the old-fashioned incandes- spend billions propping up state-owned
Brass, and General Motors closed down,
cent bulbs. Instead, now, they told us, enterprises and investing in research
one after another, after another.
Go to any town in Ohio, and people Americans would make new, next-gen- and development. China has gotten
can name a similar list. They will eration-type technology like LED pretty good at taking our ideas, mone-
measure, oftentimes, their local his- bulbs. That is not exactly what hap- tizing them, and using them to com-
tory in lost plants and lost jobs. pened—promises, promises. pete against American businesses while
All over America, companies were We learned that two Ohio factories paying their workers less and giving
moving production elsewhere in the that were part of the LED light bulb them fewer worker protection rights.
name of efficiency. ‘‘Efficiency’’ was supply chain in Ohio, in Bucyrus and in That is why, in the Banking and
business speak for lower wages. Cor- Logan, OH, were closing their oper- Housing Committee, we worked to
porate America always wanted cheaper ations. make sure the bill includes powerful
labor wherever they could find it. Get this. They promised LED bulbs new sanctions for Chinese actors who
First, they went to anti-union, anti- would be made in the United States. steal trade secrets. It is why Senator
worker, low-wage States, often in the Today, 99—99, actually more than 99; 99 PORTMAN and I are working to include
South. Then, when those wages weren’t point something—percent of LED light our Leveling the Playing Field Act
low enough, they moved overseas, first bulb production is in China. 2.0—to give American businesses up-
to Mexico and then to China. Think about that: 99 percent of this dated and effective tools to fight back.
When those companies moved out, quintessential American invention is We know that when we have a level
they weren’t replaced by new invest- made in China. playing field and when we harness the
ment. The market fundamentalists When you move the entire production ingenuity of American workers, we can
would talk about creative destruction, overseas, you move the shop floor inno- outcompete anyone.
but it wasn’t followed by any construc- vation right along with it. Think about It is time to make things in America
tion, creative or otherwise. that. Much of our innovation comes be- again. Ohio has buried the term ‘‘Rust
That corporate greed was aided by cause workers on the shop floor think Belt.’’ It is time for our whole country
decades of underinvestment, by bad about—as they are doing their work, to bury the term ‘‘Rust Belt.’’ It is
trade policies, which these corpora- they think about—better ways to long past time to pass a final ‘‘Make It
tions lobbied this body for—success- produce this, and they think about in America’’ bill and send it to the
fully, unfortunately—in NAFTA, PNTR making a better product. But corporate President’s desk.
with China, and the Central American America, of course, underestimated the The PRESIDING OFFICER. The Sen-
Free Trade Agreement. Then it was ingenuity of American workers or they ator from Illinois.
also followed by even worse tax policy, just didn’t care. So when plants moved
f
which these special interests also lob- overseas, the innovation of shops or in-
bied this institution for. novation in America simply stopped. EXECUTIVE SESSION
It all drove production overseas. It Look at the semiconductor shortage.
left us relying on other countries, too American research and development
often our economic competitors. It ex- created the chips, and American com- EXECUTIVE CALENDAR
ctelli on DSK11ZRN23PROD with SENATE
posed us to supply shocks. It gutted— panies did most of the manufacturing. Mr. DURBIN. Madam President, I ask
ultimately gutted—the middle class in Yet, over time, production, often fueled unanimous consent that the Senate
Mansfield, OH, and communities all by incentives from foreign countries proceed to executive session and vote
over this country. and sellout by politicians lobbied by on the confirmation of Executive Cal-
Ohioans and workers in historic in- corporate interests, moved those jobs endar No. 682, the nomination of Ruth
dustrial towns felt it first. Now, the overseas. Montenegro, under the previous order.
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