Congressional Record, August 4, 2022, No. 131: S.J. Res. 55
Summary
The opening of the Congressional Record, Vol. 168, No. 131, for Thursday, August 4, 2022. The House was not in session, and its next meeting is stated as Friday, August 5, 2022, at 3 p.m. The Senate met at 12 noon and was called to order by Mr. Schatz as Acting President pro tempore under a letter from the President pro tempore, Mr. Leahy. The Chaplain, Dr. Barry C. Black, offered a prayer that mourns the deaths of Congresswoman Jackie Walorski and others. The Senate then proceeded under the previous order to S.J. Res. 55, a joint resolution providing for congressional disapproval of the rule submitted by the Council on Environmental Quality relating to National Environmental Policy Act Implementing Regulations Revisions.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, August 4, 2022, No. 131: S.J. Res. 55.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-08-04-crec-2022-08-04-pt1-pgs4003-9-627c09077b/
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Congressional Record
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117 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 168 WASHINGTON, THURSDAY, AUGUST 4, 2022 No. 131
House of Representatives
The House was not in session today. Its next meeting will be held on Friday, August 5, 2022, at 3 p.m.
Senate
THURSDAY, AUGUST 4, 2022
The Senate met at 12 noon and was to the Senate from the President pro LEGISLATIVE SESSION
called to order by the Honorable BRIAN tempore (Mr. LEAHY).
SCHATZ, a Senator from the State of The senior assistant legislative clerk
Hawaii. PROVIDING FOR CONGRESSIONAL
read the following letter:
f DISAPPROVAL UNDER CHAPTER
U.S. SENATE,
PRESIDENT PRO TEMPORE, 8 OF TITLE 5, UNITED STATES
PRAYER CODE, OF THE RULE SUBMITTED
Washington, DC, August 4, 2022.
The Chaplain, Dr. Barry C. Black, of- To the Senate: BY THE COUNCIL ON ENVIRON-
fered the following prayer: Under the provisions of rule I, paragraph 3,
MENTAL QUALITY RELATING TO
Let us pray. of the Standing Rules of the Senate, I hereby ‘‘NATIONAL ENVIRONMENTAL
Eternal Father, our souls long for appoint the Honorable BRIAN SCHATZ, a Sen- POLICY ACT IMPLEMENTING
You, for we find strength and wisdom ator from the State of Hawaii, to perform REGULATIONS REVISIONS’’
in Your presence. Guide our lawmakers the duties of the Chair. The ACTING PRESIDENT pro tem-
to put their trust in You, seeking in PATRICK J. LEAHY, pore. Under the previous order, the
every undertaking to know and do President pro tempore. Senate will proceed to consideration of
Your will. When they go through dif- S.J. Res. 55, which the clerk will re-
ficulties, may they remember that, Mr. SCHATZ thereupon assumed the
Chair as Acting President pro tempore. port.
with Your help, they can accomplish The senior assistant legislative clerk
the seemingly impossible. Give them a read as follows:
faith that will trust You even when the f
A joint resolution (S.J. Res. 55) providing
darkness is blacker than a thousand for congressional disapproval under chapter 8
midnights. RESERVATION OF LEADER TIME of title 5, United States Code, of the rule
And, Lord, as we mourn the deaths of submitted by the Council on Environmental
Congresswoman Jackie Walorski and The ACTING PRESIDENT pro tem- Quality relating to ‘‘National Environmental
her two staffers Zachery and Emma, pore. Under the previous order, the Policy Act Implementing Regulations Revi-
comfort our hearts. We pray in Your leadership time is reserved. sions’’.
merciful Name. Amen. RECOGNITION OF THE MINORITY LEADER
f The ACTING PRESIDENT pro tem-
f
pore. The Republican leader is recog-
PLEDGE OF ALLEGIANCE CONCLUSION OF MORNING nized.
The Presiding Officer led the Pledge BUSINESS FLOODING IN KENTUCKY
of Allegiance, as follows: Mr. MCCONNELL. Mr. President,
I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- Kentucky officials are working lit-
United States of America, and to the Repub- pore. Morning business is closed. erally overtime to deliver supplies to
lic for which it stands, one nation under God, those affected by ongoing flooding.
indivisible, with liberty and justice for all. Heat and humidity are rising to dan-
f gerous levels in the areas that still
lack power.
APPOINTMENT OF ACTING My team is helping coordinate relief
PRESIDENT PRO TEMPORE efforts in any way we can. With the
The PRESIDING OFFICER. The Senate still in session, my State direc-
clerk will please read a communication tor joined the Kentucky National
dlhill on DSK120RN23PROD with SENATE
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
®
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S4004 CONGRESSIONAL RECORD — SENATE August 4, 2022
Guard yesterday as they distributed less energy for service were rooted in that issue: It would make inflation
food and water to displaced residents. the faith that guided her entire life. worse over the next few years and then
Many of the roads in Eastern Ken- That faith also led her and her beloved do nothing to cut inflation in the long
tucky are still impassable, so the Ken- husband Dean to found a charity and to term.
tucky National Guard is flying dozens spend years living and serving needy Even the Democrats’ favorite esti-
of helicopter missions daily to drop people in Romania. mates say that their bill would take 9
water, MREs, and vital supplies to Today, we trust that this faith has years—9 years—to subtract the amount
Kentuckians in remote areas of our reunited our colleague with her eternal of inflation we have been adding every
State. My State director was on board Father, and we pray that He will com- single week.
as they flew over flooded roadways and fort Dean, all her family and friends, I will say that again. Even the Demo-
homes to visit the community centers and those who mourn Zach and Emma, crats’ favorite estimates say their bill
operating as supply hubs in areas iso- in these terrible days. would take 9 years—9—to subtract the
lated by rising water. The landings are S.J. RES. 55 amount of inflation we have been add-
difficult, sometimes nearly impossible, Mr. President, later today, the Sen- ing every single week.
but the heroes of the Kentucky Na- ate will vote on a resolution to peel After inflation, in particular, another
tional Guard will do whatever it takes back a significant layer of regulatory huge group of Americans say that their
to reach those stranded by the floods. redtape that has been causing head- biggest issue is the overall state of the
And that is just one part of the flurry aches all across our country. economy in general, and here is what
of activity. Emergency responders have Thanks to the leadership of the jun- Democrats want to accomplish on that
deployed boats and trucks across the ior Senator from Alaska, this resolu- subject. They want to ram through
affected region. In Buckhorn, residents tion would overturn a Biden adminis- giant new tax hikes in the middle of
are even loading up horses to take sup- tration action that aims to give the the recession—new multihundred-bil-
plies to areas where the roads are lit- Federal Government even more author- lion-dollar tax hikes on American jobs
erally washed out. It is truly, truly he- ity to slow and stall critical infrastruc- that specifically target the manufac-
roic work. ture projects. turing sector, leaving Americans with
This emergency is far from over, but For years, our Republican govern- fewer jobs and lower wages; new tax
when their neighbors are in need, Ken- ment made headway in rolling back hikes on American natural gas and
tuckians will always help other Ken- some of the countless roadblocks lib- crude oil, higher fees for producing en-
tuckians. I will visit the region myself eral bureaucrats have put in the path ergy on Federal land—leaving Ameri-
soon to survey the damage and help of new highways, bridges, and pipe- cans with higher electric bills, higher
with relief efforts. While here in Wash- lines. We took big bites out of the utility bills, higher gas prices, and
ington, I remain in close contact with bloated permitting process, and, just more dependence on foreign countries
those who are out on the ground. last year, Republicans ensured that bi- that don’t like us.
I am grateful to everyone for taking In a time of inflation, Democrats also
partisan infrastructure legislation in-
on the colossal task of providing for want to spend $80 billion to roughly
cluded clear limits designed to speed
Kentucky amid this disaster. double the size of the IRS so they can
up Federal permitting reviews.
REMEMBERING JACKIE WALORSKI, EMMA shake more money out of the American
But earlier this year, the President
THOMSON, AND ZACHERY POTTS people through harassment and au-
fired off a far-left Executive action
Mr. President, now on another sad dits—using taxpayer money to make
that directly contradicted some of that
note, yesterday, Congress was shaken taxpayers’ lives worse.
bipartisan headway. Catering to rad- So what do Democrats want to do
by the news that a tragic automobile
accident had killed Congresswoman ical environmentalists, the new Biden with all the money they want to drain
Jackie Walorski and three others, in- rule reinstates sweeping jurisdiction out of Americans’ pockets in the midst
cluding Emma Thomson and Zachery for Federal bureaucrats to slow down of this recession? They want to lavish
Potts, members of her staff. all sorts of critical infrastructure. This hundreds of billions of dollars on an
Our former colleague here in the Cap- Democratic action is taking a process issue that exactly 3 percent of the
itol was back home among her fellow that is already known for years-long country says is our biggest problem:
Hoosiers in Indiana’s Second District, waiting periods and multihundred-page far-left environmental and climate
in circumstances that are familiar to Federal reports and actually making it spending.
each of us: long days on the road with worse. American families have been hem-
trusted aides, meeting with the people Every single Senate Republican is orrhaging financially for a year and a
we represent. proud to cosponsor Senator SULLIVAN’s half. Working people can barely tread
By all accounts, Congresswoman resolution. The future of our infra- water. And the Democrats’ focus is
Walorski had two stellar young people structure needs at least one Democrat Green New Deal nonsense that only 3
by her side. to see the light as well. percent of the country wants
At 27, Zach was already a 7-year vet- INFLATION prioritized, big subsidies to help rich
eran of her team, having served as both Mr. President, now on one final mat- people to buy luxury cars and new
campaign manager and district direc- ter, a year and a half ago, every Senate stoves, taxpayer funding for environ-
tor. Democrat cast the deciding vote for a mental protesters—a huge catalog of
Emma, her 28-year-old communica- $1.9 trillion disaster that caused the nonsense that would not put a dent in
tions director, was already a Capitol worst inflation in 40 years. global emissions, while countries like
Hill veteran, whose ‘‘intelligence’’ and Democrats have crushed working China continue to emit more and more.
‘‘drive,’’ one former boss described as families with runaway prices. More So I dare any of our Democratic col-
‘‘second-to-none.’’ than 80 percent of the country says our leagues to walk up to a working-class
The last day’s outpourings of grief economy is in bad shape. President American on the street and ask them
and admiration demonstrate just how Biden’s approval on the economy is what the government ought to spend
great a hole Jackie Walorski is leaving down to 30 percent and falling. By the hundreds of billions of dollars on.
behind among her friends here in the traditional rule of thumb, our country Well, first off, in a time of inflation,
Capitol. They marveled at both her tre- is now in a recession, and a super- they would probably tell them not to
mendous personal kindness and her majority of Americans are aware of it. spend hundreds of billions of dollars in
fierce advocacy for the families she American families are crying out for the first place. But I doubt a single
represented. relief, but Democrats have decided to American worker or middle-class par-
I had the personal pleasure of break- spend hundreds of billions of dollars of ent would say: You know what? My top
dlhill on DSK120RN23PROD with SENATE
ing bread with Congresswoman the people’s money on a bill that priorities are doubling the size of the
Walorski several years ago and looked laughs at the people’s priorities. IRS and giving my boss a government
forward to every time that our paths Americans say their No. 1 concern is kickback if he buys an $80,000 electric
would actually cross. inflation and the cost of living. So here car.
According to those who knew Jackie is what the Democrats’ taxing-and- Do you know a single normal Amer-
best, her infectious passion and bound- spending spree would accomplish on ican family that is clamoring for this
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August 4, 2022 CONGRESSIONAL RECORD — SENATE S4005
nonsense? Americans want lower crucial role in protecting her State’s fall short. But with the Inflation Re-
prices. They want border security. elections in 2020. She has fought for ev- duction Act, Senate Democrats will fi-
They want more police and public safe- eryone from children in foster care to nally hold drug companies accountable
ty. Americans don’t want tens of thou- children in public schools during the and make prescription drugs cheaper.
sands more IRS agents. They want pandemic. Senate Democrats will lower energy
more Border Patrol and ICE agents. As my Arizona colleagues Senator costs while passing the largest invest-
Americans don’t want Democrats to SINEMA and Senator KELLY will attest ment in clean energy ever. Our clean
regulate us into an even deeper reces- to, Ms. Desai is deeply respected by all energy proposals will reduce air pollu-
sion. They want liberals to let police corners of Arizona’s legal community tion, prevent thousands of needless
officers bring law and order back to our and will make an excellent judge when deaths each year, and reduce asthma
streets. we confirm her later today. attacks by about 100,000 per year. We
Democrats want to spend hundreds of SENATE ACCOMPLISHMENTS have all seen kids, often in poor neigh-
billions of dollars on a 3-percent issue Mr. President, Senate Democrats are borhoods, struggling with asthma be-
while they completely neglect crime getting things done. This has been one cause they have so much pollution put
and border security and make inflation of the most productive stretches the in their areas by transportation and
and the recession even worse. Senate has seen in recent times. factories and whatever. Reducing that
Democrats are catastrophically out In the past few months, we have seen by 100,000 a year is amazing.
of touch with what American families an amazing string of achievements Senate Democrats will also close tax
actually do care about. Their approval passed through this Chamber in ex- loopholes and reduce the deficits and
ratings show it, and their reckless tax- tremely fast succession: the first major will ensure that no small business or
ing-and-spending spree proves it as gun safety bill in 30 years, the largest family under $400,000 a year will see
well. investment in American manufac- their taxes go up. Leader MCCONNELL,
I suggest the absence of a quorum. turing and science in a generation, the himself, conceded yesterday that our
The ACTING PRESIDENT pro tem- largest expanse of veterans’ benefits in proposal ‘‘includes no new tax rate in-
pore. decades. And just last night, we creases, that’s true.’’ Those are McCon-
The clerk will call the roll. strengthened NATO by approving the nell’s words: ‘‘includes no new tax rate
The senior assistant legislative clerk accession of Sweden and Finland, send- increases, that’s true.’’ Let me repeat
proceeded to call the roll. ing Russia a signal that they cannot that again. Leader MCCONNELL con-
Mr. SCHUMER. Mr. President, I ask intimidate America or Europe. Gun cedes that now the Inflation Reduction
unanimous consent that the order for safety, CHIPS, PACT, NATO—getting Act includes no new tax rate increases.
the quorum call be rescinded. any one of these accomplishments done The American people overwhelm-
The ACTING PRESIDENT pro tem- is a significant feat for the Senate. The ingly support these steps. A recent poll
pore. Without objection, it is so or- fact is, we have done them all since by the well-respected Navigator shows
dered. Memorial Day, and that is quite re- 65 percent of Americans approve of our
RECOGNITION OF THE MAJORITY LEADER markable. plan to reduce drug prices, keep pre-
The ACTING PRESIDENT pro tem- This doesn’t even include a once-in-a- miums low, and invest in clean energy.
pore. The majority leader is recog- generation infrastructure bill, a his- A Morning Consult poll found that over
nized. toric rescue package to vaccinate the 70 percent of Americans—over 70 per-
NOMINATION OF ROOPALI H. DESAI Nation and lift America out of the pan- cent—support letting Medicare nego-
Mr. SCHUMER. Mr. President, today demic, and the confirmation of Ketanji tiate prescription drug prices, which
the Senate will continue fulfilling its Brown Jackson as the first Black our plan will do. Another group, Data
constitutional duty to confirm the woman to ever serve on the U.S. Su- for Progress, found the Inflation Re-
President’s highly qualified judicial preme Court. duction Act has a net approval of 51
nominees. I always said that when the oppor- points—51 points—wow.
This afternoon, we will vote to con- tunity arises, Democrats would be It is not hard to understand why
firm the 76th Federal judge since the ready to work with our Republican col- Americans feel this way. Democrats’
beginning of President Biden’s term, leagues on important legislation, and agenda prioritizes them. We prioritize
Roopali Desai, nominated to serve as a many of the accomplishments I have the middle class and working families
circuit judge for the Ninth Circuit. listed are examples of just that. But instead of those at the very top. God
Not long ago, a nominee like Ms. when we must, Democrats have also bless them; they are doing fine.
Desai would have been rarely seen in made clear we are ready to go at it But when Senate Republicans had
the Senate. But under President Biden, alone to deliver big things that the the majority, they tried to rip
the Senate is confirming more and American people sent us here to work healthcare away from millions of
more nominees who break away from on, like fighting inflation and lowering Americans and blew a $2 trillion hole
that norm. Over 75 percent of President healthcare and prescription drug costs; in our deficit in order to soak the
Biden’s nominees are women and near- like holding drug companies account- ultrarich with massive tax cuts.
ly half are women are color. Let’s not able and making Big Business play by Just this week, one Republican called
forget the bench. People say: Why the rules, the same rules as everyone for ending the days that Medicare and
shouldn’t it be the same percentage of else; like passing historic investments Social Security are guaranteed by
the population? That is what we are in clean energy to create millions of turning them into discretionary spend-
trying to get to, but we are way behind good-paying jobs and make energy ing. Do you know what that means
and putting more women and people of more affordable for American families. when we make things discretionary?
color on the bench gets those percent- INFLATION REDUCTION ACT OF 2022 Do we want to tell our senior citizens
ages a little closer to the American Mr. President, Democrats are going that your Social Security, which you
norm, but we have a ways to go. to deliver on all these things and more paid into, was discretionary? That is
Moreover, Ms. Desai will make his- when we pass the Inflation Reduction what Senator JOHNSON from Wisconsin
tory as the first South Asian judge to Act in coming days. wants to do. That is so wrong. But, un-
serve on the Ninth Circuit and only the Let me talk a little bit about the In- fortunately, it represents a lot of the
fifth AAPI woman ever to sit on the flation Reduction Act. Soon the Senate views of lots of Republicans who don’t
Federal Circuit Court. will vote on this groundbreaking legis- want to say it publicly because they
Ms. Desai’s resume leaves no doubt lation. I expect we will have some late know it is so unpopular.
she merits confirmation: a graduate of nights and extended debates here on Back in February—listen to this
dlhill on DSK120RN23PROD with SENATE
Arizona School of Law; a clerk for the floor. But in the end, we are going one—the chair of the Republican Sen-
Judge Mary Schroeder, the first woman to make good on our word to pass the ate Campaign Arm, the junior Senator
to ever serve as a Ninth Circuit chief Inflation Reduction Act. from Florida, released a platform for
judge. She has excelled in every step of For years, many in Washington have raising taxes not on the wealthy but on
her legal career. She is one of Arizona’s promised to tackle some of the biggest millions of low-income Americans. You
top election lawyers, having played a challenges facing our Nation only to can’t make this stuff up.
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S4006 CONGRESSIONAL RECORD — SENATE August 4, 2022
They want to make your Social Secu- Biden. The American people know the time, to try to get a better deal for
rity discretionary but then want to much better. They also know that their members. Why should we tie the
raise your taxes. What kind of bull is while Republicans are talking up infla- hands of the Medicare Program?
that? tion and talking down the economy, we I say ‘‘finally’’ because the Presiding
Just listen to this tsunami of disas- in the Democratic majority had a plan Officer and I and many others in this
trous proposals: taking away people’s to do something about rising costs, and Chamber have worked for not just 1 or
healthcare, tax cuts for the rich, put- it is called the Inflation Reduction Act. 2 years but for decades to try to
ting Medicare and Social Security on In coming days, we are going to be achieve this, and every time, the phar-
the chopping block, raising taxes on voting on that, and I hope—I hope—our maceutical industry has succeeded in
working Americans. These are just Republican colleagues will have a blocking it because if you take away
some of the things that Senate Repub- change of heart, at least some of them, the power of Medicare to negotiate
licans have openly called for recently. because here is the bottom line: The drug prices, it means they get to write
Democrats’ agenda is something en- Inflation Reduction Act will drive the bill themselves. So this is impor-
tirely different. The Inflation Reduc- down prices over time, it will reduce tant.
tion Act will lower inflation, lower the the deficit, and it will do that without It is also accompanied by a cap on
cost of prescription drugs, close loop- raising taxes on anyone making under Medicare Part D out-of-pocket spend-
holes long exploited by Big Business $400,000 a year, not by one dime. It does ing to $2,000 a year.
that pays no or little taxes. That is all that while addressing four major Last but not least, this legislation
what the Inflation Reduction Act is at issues facing our country: the need to extends the important work we
its core. lower healthcare costs, the need to ad- achieved through the American Rescue
It is what the American people want; dress the climate crisis, the need to fix Plan to lower the healthcare costs for
it is what the country so desperately parts of our broken tax system—this is people who get their insurance through
needs; and it is what Democrats will a start on that—and reducing the def- the affordable care exchanges. In my
deliver on in the coming days. icit. State, Marylanders are saving an aver-
I yield the floor. First, on healthcare, all of us in this age of $80 every month on their
The ACTING PRESIDENT pro tem- Chamber have known that the costs of healthcare premiums because of that
pore. The Senator from Maryland. prescription drugs in the United States provision from the American Rescue
INFLATION REDUCTION ACT OF 2022 are way too high, out of control. Our Plan, which this bill will extend for 3
Mr. VAN HOLLEN. Mr. President, I constituents—Americans—pay twice as more years.
was just listening to the majority lead- We are joined in this effort by a vast
much on prescription drugs as people
coalition of Americans who have been
er outline some of the disastrous poli- in other advanced economies around
pushing for years to address prescrip-
cies that Republicans have proposed to the world. And it is not just squeezing
tion drug prices, including AARP and
make, including putting Medicare on people’s pocketbooks—that, of course,
its 38 million members who support
the chopping block by making it dis- hurts—it is also jeopardizing their
this bill.
cretionary. health. Meanwhile, we have seen some bil-
I want to talk a little bit about the If you look at the 2022 study by the
lion-dollar pharmaceutical companies
good things that Democrats have done, Kaiser Family Foundation, they found pouring their profits into negative ads
some on a bipartisan basis and some that nearly one in three adults re- to try to defeat this bill. In fact, just
which it looks like we are going to ported that they had not taken their last night, I saw two or three of them
have to do alone for the American peo- medications as prescribed due to cost. within the space of about an hour as I
ple. In just the last few weeks, this They were too expensive. They couldn’t was flipping channels at home. But I
U.S. Senate has made historic progress afford them. That financial pressure is think the country is pretty clear on
tackling a number of very real and hard on everybody. It is especially so what is at stake here. On the one hand,
very urgent challenges that our coun- on many of our seniors. Nearly 9 in 10 you have tens and tens of millions of
try faces. older adults take prescription medica- Americans who will benefit from low-
We passed the first major gun reform tion, but millions of Americans 65 and ering the costs of prescription drugs.
bill in 30 years. We passed historic leg- older say they struggle to afford their Yet you have Big Pharma trying to
islation to boost American manufac- medicine. maintain this privileged position where
turing of essential semiconductor Here is what adds insult to injury: we don’t have to negotiate with them
chips—important to our economy and American taxpayers spend over $40 bil- in order to boost their profits.
our national security. We passed the lion every year to support cutting-edge So let’s be clear on what we are going
PACT Act so that veterans exposed to medical research happening at the Na- to do. We are going to allow Medicare
toxins will get the care they deserve. tional Institutes of Health in my State to negotiate prices, and that will lower
Just yesterday, we voted to admit Fin- of Maryland. That is a great invest- the costs for seniors. We are capping
land and Sweden as new members of ment for our country. It helps discover out-of-pocket spending for seniors. We
NATO, therefore expanding and and it helps develop and produce many are making it more affordable to get
strengthening the Atlantic alliance in of the life-changing medications that health insurance through the Afford-
the face of Putin’s brutal war against are available to American families able Care Act marketplaces. Yet, right
Ukraine. today and to people around the world. now, as of today, we have every one of
These are major accomplishments, But it is just not right for American our Republicans voting no.
but now is not the time to rest on our taxpayers to invest $40 billion a year in When I go around Maryland, this is
laurels, now is not the time to coast, developing drugs that are then sold by not a party or a partisan issue. All of
because we have to do everything we American pharmaceutical companies my constituents want us to take this
can to fight back against rising prices, here in the United States for two, action. The same is true of climate
against inflation, which has been driv- three, four times as much as they are change. Most Americans, regardless of
en in recent months by what I call the sold overseas. party, recognize the very real harm
three p’s: Putin’s war and its impact on People throughout the world benefit caused by climate change. They just
energy and food prices; the pandemic from the great research done at places have to look around them or turn on
and the supply chain disruptions it has like NIH, and they pay lower costs on the news. But apparently, when you
caused; and price gouging by big oil the medicines developed from that re- enter the Senate Republican Cloak-
companies that are reaping record prof- search than Americans who helped room, you go into a science-free and
its. Those have been big drivers of in- fund the research in the first place. fact-free zone. Many of our colleagues
dlhill on DSK120RN23PROD with SENATE
flation. That is just not right. That is why the still doubt the fact of human-caused
I have listened to my Republican Inflation Reduction Act finally empow- climate change. But that is out of
Senate colleagues here on the floor ers the Medicare Program to negotiate touch with the American people, who
week after week trying to exploit infla- prices with the pharmaceutical indus- see the harm every day and also see the
tion as a campaign issue, as if it were try. Private insurance companies nego- promise of developing a clean energy
all caused by the policies of President tiate volume discounts every day, all industry.
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August 4, 2022 CONGRESSIONAL RECORD — SENATE S4007
That is why our legislation makes clean energy products, including $30 Small businesses across the country
this big investment in more rapidly de- billion in tax credits designed to accel- are paying their taxes while some of
ploying clean energy technology, and erate the manufacturing of solar pan- these big corporations are not. That is
in doing so, we are projected to cut els, wind turbines, batteries, and crit- not fair. It needs to change.
U.S. emissions of carbon dioxide and ical minerals right here in the United That is why the Inflation Reduction
other greenhouse gases by 40 percent States. Act includes the 15 percent minimum
by 2030. We should move even faster, China has made it one of its goals— tax on profits of corporations that have
but at least this gets us in the game to and they have been very open about over $1 billion in annual profits.
hitting the targets that we have to. We it—to dominate the clean energy tech- And I want to thank the Presiding
will do that while supercharging the nology space for years to come. We Officer for his leadership on this issue.
development, manufacturing, and de- need to make sure that we manufac- Third, our legislation would tighten
ployment of wind, solar, and battery ture critical technologies and products the rules on what is known as carried
right here in the United States. interest, which allows hedge fund man-
power.
I want to talk about a couple of pro- I want to give you a great example agers to pay a lower rate on their in-
visions in this bill—there are many—a from my State of Maryland, which is at come than the rate their employees
the vanguard of a budding offshore pay on theirs—the classic example of
couple that I have worked on over the
wind industry. Right now, we have two how a big hedge fund CEO can pay a
years.
First, this bill includes what is called companies in Maryland—Orsted and lower tax rate than their receptionist.
U.S. Wind—that are building new wind This is a fact under our current Tax
the Greenhouse Gas Reduction Fund,
turbine fabrication centers in our Code, and I hope we will keep this pro-
$27 billion, some of which could support
State to support their offshore wind vision in this bill because this loop-
a national climate bank, which is an
farms coming to the mid-Atlantic—two hole, the carried interest loophole, is
initiative I have been working on since
major projects off Maryland’s Atlantic Exhibit A of some of the biggest
my time in the House of Representa- unfairnesses in our Tax Code.
tives and now in the Senate with my coast.
The Deputy Secretary of Commerce So taken together, the measures to
colleague ED MARKEY and in the House lower the cost of prescription drugs,
today with Congresswoman DEBBIE was just in Baltimore yesterday talk-
ing about apprenticeship programs lower the cost of energy to American
DINGELL. households and consumers, reduce the
A national climate bank would be a that will help support 10,000 jobs, 10,000
Maryland jobs, as part of this offshore deficit—these measures will reduce in-
magnet for private investment in new flationary pressures that are bearing
sustainable technology, channeling wind manufacturing. That is just in
the State of Maryland, and we can do down on working families. You don’t
more capital into the clean energy have to take my word for it. In just the
space and lowering the risk to inves- that across the country in terms of off-
shore wind in coastal States and, of last few days, economists from all over
tors. For every $1 of public financing the country have spoken out in favor of
through a national climate bank, we course, interior wind for others.
These are really important provi- this approach and supporting this leg-
project it will draw in $7 to $10 of pri- islation.
sions that I have talked about—fight-
vate investment, to turbocharge in- One hundred twenty-six leading
ing the climate crisis, lowering the
vestments and jobs in clean energy. In economists recently wrote to the con-
cost of prescription drugs—so let’s talk
addition, it targets a large share of in- gressional leadership:
about how they are paid for.
vestments to low-income and disadvan- Unlike the Republican tax bill in This proposal addresses some of the coun-
taged communities that often lack ac- 2017, which provided huge tax give-
try’s biggest challenges at a significant
cess to financing for clean energy and scale. And because it is deficit-reducing, it
aways to big corporations and very does so while putting downward pressure on
energy efficiency projects. wealthy individuals, this legislation
This bill also includes another provi- inflation.
actually will both pay for itself And that is key. Unlike that Repub-
sion I have worked on for a long time, through the cuts made and recycled
the bill I introduced called HOPE for lican tax giveaway in 2017 that added $2
and through fixing parts of our broken trillion to our national debt, we are ac-
HOMES. I have worked on it with a bi- tax system. We have a lot of work to do
partisan group of colleagues in both tually reducing our deficit, and by re-
to fix our tax system, but this is a ducing the deficit, you also put down-
the House and Senate. In the House, downpayment in terms of the policy
that includes Congressman PETER ward pressure on inflation.
changes in this bill. In recent months, I have heard the
WELCH and Congressman DAVE MCKIN- First, we are going to beef up IRS en-
LEY and, here in the Senate, Senator
Republican leader, Senator MCCON-
forcement to go after wealthy tax NELL, often citing former Secretary of
COONS and Senator SHAHEEN. cheats, and this is an important issue.
The HOPE for HOMES legislation Treasury Larry Summers about Larry
I chair the subcommittee that oversees Summers’ views on the economy and
that has been incorporated into this the IRS, and we have been pushing for
bill will provide Americans with siz- inflation.
years to make sure that the IRS has Well, here is what Larry Summers
able rebates and with tax credits to the resources and the expertise to had to say recently about the bill we
retrofit their homes with clean energy track down taxes that are already due will be voting on:
and energy efficiency technology. So it and owing from very wealthy people The prescription drug provisions, energy
will not only help us meet our climate who come up with elaborate tax incentives, and the increased Medicare bene-
goals and our pollution reduction dodges. fits will all contribute over time to much
goals, it is also going to save con- Right now, we estimate there is any- needed inflation reduction.
sumers up to $750 every year on their where from $500 billion to $1 trillion in And just yesterday, former Secretary
heating and cooling bills. So we are taxes each year that are owed but not Summers was joined by former Sec-
going to give people a rebate to make paid. Think about that—up to $1 tril- retary of the Treasury Hank Paulson,
their homes more energy efficient, and lion every year in taxes that are owed who, of course, served under former
they will save money as a result. but not paid, and the people who are President George W. Bush, who with
It also invests in clean energy jobs suckered are all the people who pay other Secretaries wrote:
training so that we have the people when you have these very wealthy tax . . . we support the Inflation Reduction Act
power to help folks in every neighbor- cheats skirting their responsibilities. which is financed by prudent tax policy that
hood around the country access the So this bill will address that issue. will collect more from top-earners and large
help and the workers they need. It is Second, we make sure that big cor- corporations.
estimated to help generate 80,000 jobs porations invest in the success of ev- And, again, by using those revenues
dlhill on DSK120RN23PROD with SENATE
over the next couple years in this im- eryday Americans. In 2020, 55 huge to reduce the deficit, we put downward
portant area. American corporations paid zero— pressure on inflation.
The Inflation Reduction Act also in- zero—in taxes, despite a combined $40.5 I just, as we close here, want to con-
cludes major investments to develop a billion in profits—$40.5 billion in prof- trast that to the approach that Repub-
clean energy manufacturing base to re- its from these 55 companies; zero taxes licans took in 2017 with their tax give-
duce our reliance on foreign imports of paid. away.
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S4008 CONGRESSIONAL RECORD — SENATE August 4, 2022
As I said, that ballooned the deficit create opportunities for American they can provide Federal funding for
by $2 trillion. It also handed the top 1 workers; and tax hikes on energy pro- Green New Deal activism. And I
percent income earners an average tax duction. haven’t even talked about all the tax
cut of $69,000 each in 2018 alone. So just That is right, tax hikes on energy credits for adopting Democrats’ pre-
in 1 year, about a $70,000 tax cut to the production to the tune of $60 billion. ferred green energy technologies.
top 1 percent. And the Congressional Now, as I mentioned, Americans are There are tax credits for purchasing
Budget Office estimated that 43 percent still, on average, paying more than $4 a electric vehicles and for refitting win-
of the growth in economic output from gallon every time they go to fill up dows and skylights and doors to meet
the 2017 tax law flowed to foreign in- their cars, as they have been for Democrats’ required level of energy ef-
vestors in that space. So foreign inves- months. Their electricity bills are up. ficiency. That is right, Democrats are
tors have holdings in U.S. corpora- The price for utility gas service is up raising the tax burden on working
tions. That tax cut to American cor- by almost 40 percent. And Democrats Americans to pay for tax credits for
porations—yes, it flowed to some very think now is a good time to raise taxes wealthy Americans to purchase a
wealthy Americans, but a lot of it on oil and gas production? brandnew electric vehicle or to do
flowed offshore to foreign investors. I guess maybe they are hoping that some home remodeling.
So what we have seen from our col- they can force Americans off conven- Of course, these tax credits aren’t of-
leagues across the aisle is big tax cuts tional energy by continuing to keep ficially limited to wealthy Americans,
to corporations and the very wealthy, gas and energy prices high. but I am hard-pressed to think of many
not just here at home but benefiting And in case anyone was thinking working families who can afford to
others around the world, in contrast to that Democrats would be content with spend $60,000 on a new electric vehicle
this, which does ask big corporations shutting down domestic production— while inflation is at a 40-year high.
to pay their fair share—minimum of 15 with a methane tax, higher royalties, I am a longtime supporter of clean
percent—and reduces the deficit as we excise taxes, and costly permitting energy. I come from a State that is
invest in job creation and reduce prices delays—and would rather Americans leading the way toward cleaner and
here at home. receive conventional energy from more efficient energy technologies, and
So this is a win for families; it is a abroad, well, Democrats have a tax I have worked with colleagues from
win for seniors; it is a win for our plan- hike for that too. both parties to advance clean energy,
et, our economy. It is a win for the The Democrats’ bill would impose a including through the responsible use
country. new tax hike on U.S. refiners import- of energy tax credits to bring clean en-
So I hope as this debate goes forward, ing crude oil and petroleum products ergy technologies to the point where
that we will focus on the facts, listen intended to make conventional energy they can compete on their own.
to what it does, because this is a com- prohibitively expensive. But this bill has nothing in common
prehensive piece of legislation that But, of course, Americans will need with the bipartisan work I and many
does help us tackle some of the key pri- conventional energy, and that will con- others have done to responsibly ad-
orities in front of our country, and we tinue to be true for a while yet, no vance clean energy. This bill is waste-
are hearing that from our constituents matter how much wishful thinking ful and irresponsible and will do essen-
every day. Democrats engage in. tially nothing to reduce warming glob-
And Democrats’ energy tax hikes are ally as others nations continue to
So I am proud to support this legisla-
setting ordinary Americans up to con- skate by.
tion. Let’s get it done.
I yield the floor. tinue to suffer under high energy prices It will, however, waste a lot of tax-
The PRESIDING OFFICER (Mr. for the foreseeable future. payer dollars and create a lot of eco-
So what are all these tax hikes for?
KING). The Senator from South Da- nomic pain for hard-working Ameri-
What government spending is worth
kota. cans.
Mr. THUNE. Mr. President, last imposing tax hikes that run the risk of One think tank analyzed a plan simi-
week, Democrats unveiled their so- pushing our economy into a longer re- lar to the one Democrats are pushing
called Inflation Reduction Act, a bill cession or, worse yet, stagflation? and found that it would result in stag-
Well, let me just review some of the
that will do nothing to reduce inflation gering job losses, higher energy bills,
priorities that Democrats will be
but will double down on Democrats’ and a tremendous reduction in eco-
spending that tax hike money on.
wasteful government spending, along There is $1.5 billion—billion dollars— nomic growth.
with imposing hundreds of billions of for a grant program to plant trees, and One sensible move to advance clean
dollars in tax hikes—yes, hundreds of $1.9 billion for things like identifying energy and necessary investment in
billions of dollars in tax hikes. gaps in tree canopy coverage. That is conventional energy would be to ad-
Our economy has posted negative right, identifying gaps in tree canopy dress the arduous permitting process
economic growth for the past two quar- which can hold up both renewable and
coverage.
ters, and Democrats think it is a good There is $1 billion for electric heavy- conventional energy projects for years.
idea to raise taxes on American busi- duty vehicles like garbage trucks. I am That is something we should be focused
nesses. Perhaps Democrats think that not really sure why the Federal Gov- on, to promote investment in the con-
current prices aren’t high enough or ernment is going to be spending money ventional energy we still need and in
that businesses aren’t struggling on electric garbage trucks or how that the renewable energy technologies of
enough with the inflation that Demo- is going to reduce inflation. the future.
crats helped create. There is $3 billion for the U.S. Postal Instead, we are being asked to sup-
The worst part, of course, is that a Service to purchase zero-emission de- port a bill that will squander billions
substantial part of the burden of these livery vehicles. Quite a lot of money, I and billions of taxpayer dollars on
tax hikes will fall on ordinary Ameri- might add, for an Agency that is sup- Green New Deal activism and road eq-
cans, Americans who are already strug- posedly self-funded. uity and monitoring tree canopies.
gling with historically high inflation, There is funding for road equity. And we are supposed to vote for it
Americans who are seeing their gro- All told, there is more than $60 bil- based on the vague promise that the
cery bills balloon and their rent sky- lion in funding for ‘‘environmental jus- Senate will consider—consider, mind
rocket, Americans who are paying tice’’—$60 billion. That is more than you, not pass—permitting legislation;
more than $4 per gallon every time the Federal Government spent on high- permitting legislation that may or
they fill up their car. ways in 2019. may not meaningfully address the bro-
Now, Democrats are going to pass tax There is also at least $30 billion in ken and burdensome permitting proc-
dlhill on DSK120RN23PROD with SENATE
hikes that will hit these Americans climate slush funds, part of which is al- ess or negate spurious lawsuits from
hard—a tax hike on businesses that located for, among other things, cli- far-left environmentalists. And even if
will almost undoubtedly result in lower mate-related political activity—yeah, it did provide meaningful reform, my
growth, lower wages, and fewer jobs; a political activity. hopes are not high that the Biden ad-
tax hike on investment—investment So, in other words, Democrats are ministration would actually act on the
that we need to grow our economy and raising taxes on Americans so that legislation.
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August 4, 2022 CONGRESSIONAL RECORD — SENATE S4009
Canceling the Keystone XL Pipeline, time for a Federal highway project was energy capacity and supplies, advance
a project that endured a decade of per- more than 7 years on their EIS. The av- our domestic industries to lower prices,
mitting, was already underway, and erage time for the U.S. Corps of Engi- create those much wanted jobs, and
was to be paired with $1.7 billion in pri- neers was 6 years. build a brighter future for Americans
vate—yes, private—investment for re- The average length of a final EIS was and certainly for my State of West Vir-
newables—it doesn’t install confidence 661 pages, and many of these swelled to ginia. It starts with doing away with
that even approved projects are safe thousands of pages, running contrary the roadblocks the administration is
from the President and Democrats’ to the original intent of NEPA, which throwing up by passing this resolution
Green New Deal ideology. was to provide transparency of Federal and us moving on to legislate common-
The Democrats’ reckless $1.9 trillion Agencies’ decision making to the sense environmental review reforms.
American Rescue Plan spending spree American people. We are told that in September, Sen-
helped plunge our economy into an in- The previous administration tried to ate Democrats will cast aside their
flation crisis that has left Americans streamline the Federal environmental ‘‘regulate first’’ philosophy and pass
struggling to make ends meet. If this review process by reforming the imple- strong permitting reform legislation.
new, partisan tax-and-spending spree menting regulations for NEPA. Now, After years of regulatory actions that
passes, Americans can look forward to rather than continuing to improve en- decimated energy production in my
a lot more economic pain in the future. vironmental reviews under NEPA, the State and permitting delays that have
But at least they will be able to con- Biden administration has decided to held up important infrastructure
sole themselves with the knowledge make them more burdensome. projects across the country, I am skep-
that their tax dollars are going to fund Earlier this year, the Biden adminis- tical that the Democrats will reverse
tree canopies. tration rolled back key modernizations course next month.
I yield the floor. the previous administration made to So here we have an opportunity to
The PRESIDING OFFICER. The Sen- the more than 40-year-old NEPA regu- have a test vote. As this NEPA rule-
ator from West Virginia. lations through its so-called phase 1— making reflects, the Biden administra-
Mrs. CAPITO. Mr. President, I rise which tells me phase 2 is coming— tion is hard at work creating more hur-
today to support Senator SULLIVAN’s NEPA rule. dles for our projects. If there isn’t over-
resolution of disapproval to nullify the The Biden administration has cre- whelming bipartisan support for this
Biden administration’s rollback of re- ated sweeping new obstacles to the en- resolution of disapproval that simply
forms to the National Environmental vironmental review process, including stops the permitting process from get-
Policy Act, or NEPA, process. new avenues for delays and lawsuits ting worse, then I don’t know how any-
We have heard a lot about permitting that will slow down or, as I said, kill body can believe that Senate Demo-
and how everything is going to be im- projects. In particular, the phase 1 crats will join to pass meaningful legis-
proved. If you want to make a state- rule’s expanded definition of ‘‘ef- lation to make the process better.
ment on how you want to improve per- fects’’—to include ‘‘indirect’’ and ‘‘cu-
I urge my colleagues to vote for this
mitting, this should be a ‘‘yes’’ vote for mulative effects’’ of projects—will
resolution to free our country from the
everybody. greatly delay and kill energy projects
stagnation and endless delays the ad-
I want to thank my colleague from when we sorely need them right now.
ministration is pressing forward with.
Alaska for his leadership on bringing With the damaging phase 1 rule al-
together half of this Chamber in sup- ready in place, the Biden administra- I yield the floor.
port of S.J. Res. 55, which is cospon- tion is now working on even more oner- The PRESIDING OFFICER. The Sen-
sored by 50 Senators. ous revisions to the NEPA process. If ator from Delaware.
This resolution is vital to take us to- these revisions are not stopped, they Mr. CARPER. Mr. President, nor-
wards a path of quicker, more predict- will enshrine lengthier, more burden- mally at this time of the week, Senator
able environmental reviews as we seek some, and even, in some cases, insur- CAPITO and I are gathering for a face-
to improve our transportation—re- mountable hurdles for any infrastruc- to-face meeting or maybe having a
member, we just passed a big infra- ture, whether it is mining, industrial, meeting by phone as she heads back to
structure bill with a lot of transpor- or energy. West Virginia. Today, it looked like we
tation—our water infrastructure, en- We keep hearing we need more en- were not going to have a chance to
ergy infrastructure, reclaim our energy ergy. Well, if you can’t get permitted, meet, but here we are. Ironically, most
independence, and build our domestic you can’t do these projects, and that is of those conversations we have—we are
supply chain. what is happening. in sync. It is pretty amazing. Most
Instead of making the environmental The Biden administration is folks around the country probably
review process more efficient, the hamstringing our Nation’s ability to think we never agree on anything here,
Biden administration is doing every- source materials and build infrastruc- but we do. And we actually turned out
thing in its power to make it much, ture of all kinds for all Americans. to be pretty good friends—a couple of
much more difficult. Whether it is roads and bridges, pipe- West Virginia kids who grew up and
Environmental reviews are notorious lines, electric transmission, mining, or made out all right. It is always a pleas-
for holding up energy and infrastruc- renewable energy projects, an efficient ure to be with her and to serve with
ture projects. What happens? Well, environmental review process is crit- her, like with the bipartisan infra-
some of them don’t get done, and a lot ical to completing projects that sup- structure legislation.
of them get a heck of a lot more expen- port job creation and economic activ- Last week, we were here to pass not
sive and take longer to do. ity. It is also vital to building out and one, not two, but three bipartisan
We all know it is important to make securing our domestic supply chains to pieces of legislation. A couple of them
sure that we assess the environmental ensure we have the fuel and mineral in- were pretty big. There were two big re-
impacts that a project will have before puts to power critical services and to cycling bills and then another one deal-
moving forward on construction, but manufacture those products. ing with the Water Resources Develop-
the Biden administration is focused on We are not going to have all the solar ment Act with the Army Corps of Engi-
making them more complicated and farms and wind turbines and critical neers. I think we had only one negative
longer when the status quo is already minerals and green jobs that the ad- vote on the reauthorization—one. The
unacceptable. ministration has promised to energy vote on the recycling legislation—one
In 2020, the White House’s Council on workers when the environmental proc- of which was your bill and one of which
Environmental Quality found that it ess takes 5 to 7 to 10 years. was mine, and we were cosponsors—we
dlhill on DSK120RN23PROD with SENATE
took an average of 41⁄2 years to com- So how do you build an economy out had no opposition on those bills.
plete an environmental impact state- of a recession when you can’t build at So I would say to folks who are
ment under NEPA. One-quarter of the all? Now it is time to come together watching today who say: Oh, there
1,276 projects analyzed took more than and reform the environmental review they go again, well, you should have
6 years to complete their environ- process to expand our infrastructure, tuned in last week because we were on
mental impact statement. The average invigorate our economy, increase our the same page.
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S4010 CONGRESSIONAL RECORD — SENATE August 4, 2022
Having said that, let me say that I spaces for cyclists. Importantly, these that is the size of a football field. Dur-
rise today to speak on the joint resolu- benefits did not come at the cost of ef- ing the course of this debate alone,
tion of disapproval to nullify President ficiency. The project was done on time they are going to lose several more
Biden’s National Environmental Policy and under budget. And this is only one football fields in Louisiana and a lot
Act regulations, oftentimes referred to of any number of examples that I can more in the days to come.
as NEPA. cite today. Refusing to consider the impacts of
Last year, as we drafted legislation Making smart decisions has never climate change will not stop the cli-
that became the bipartisan infrastruc- been more important. After all, the mate from changing. It will not save
ture law for our country, Senator CAP- science is clear: We must rapidly drive lives from being lost from wildfires,
ITO and I, along with our colleagues on down greenhouse gas emissions if we from floods, and heat waves. It will not
the Environment and Public Works hope to avoid the worst impacts of cli- stop asphalt from melting under ex-
Committee, of which my colleague mate change. treme heat, which is what was hap-
from Alaska is a valued member—the Unfortunately, the Trump adminis- pening a couple of weeks ago in Eng-
Senator is here. He has offered this res- tration made changes to the NEPA land. Then, over at the Tour de France,
olution today, and he will be back here rules. These changes prevented Agen- we had to spill thousands—tens of
in a minute, I am sure. cies from considering how their actions thousands—of gallons of water on the
But as we drafted legislation that be- impact climate change and from tak- course they were running the bicycle
came the bipartisan infrastructure law, ing commonsense steps to minimize en- races on. This was for the Tour de
Senator CAPITO and I, along with our vironmental harm. The regulatory France—literally tens of thousands of
colleagues on the EPW Committee, rollbacks also undermined public in- gallons on the course in order to keep
considered ways to get infrastructure volvement in the Federal decision- the roads from melting. Can you be-
projects done more efficiently while making process. This rollback harmed lieve that?
maintaining environmental protec- communities of color, including Tribal By refusing to consider the impacts
tions. and Native Alaskan communities, that of climate change now, we will only
I will say that again. We considered a rely on NEPA to defend their voices. help to ensure that its worst impacts
number of ways to get infrastructure Fortunately, the Biden administra- come to pass. It will continue to cost
projects done more efficiently while tion has taken steps to fix the error of us. It will cost us not just in dollars
maintaining environmental protec- these regulatory revisions. Under but also in lives.
tions. President Biden’s instruction, the With that, I urge my colleagues to
We included several changes that Council on Environmental Quality fi- vote on this well-intentioned but, I
were reflective of those shared goals. In nalized a rule in April to make narrow, think, misguided resolution.
fact, we included quite a few of those targeted changes to NEPA regulations. Before I yield the floor, let me just
changes. I will give an example of one One of the most important changes was say what a privilege it is to work with
of those. The bipartisan infrastructure restoring the requirement for Agencies my colleague from Alaska. He and I ac-
law codified something that is called to consider the cumulative and indirect tually agree on more than you might
One Federal Decision, the One Federal impacts of their actions. Considering imagine. We both wore the uniform of
Decision permitting structure. It set a such impacts can help ensure that we our country for many years, those of
goal for completing environmental re- avoid actions that worsen climate the Marine Corps and Navy. The Navy
views of transportation projects within change and negatively impact commu- salutes the Marine Corps today. I like
2 years—within 2 years. It also perma- nities. to say: different uniforms, same team.
nently authorized the Federal Permit- President Biden’s NEPA rule would While I can’t be with him on this one,
ting Improvement Steering Council ensure that Agencies conduct environ- we will find other things that we can
and more. mental review processes in a common- agree on today.
But, as we considered changes to the sense, holistic manner, one that nei- With that, I yield the floor.
way we deliver infrastructure projects, ther sacrifices efficiency for environ- The PRESIDING OFFICER. The Sen-
we always tried to make sure that we mental protection nor the other way ator from Alaska.
were not undermining important envi- around. Mr. SULLIVAN. Mr. President, I ask
ronmental safeguards. That sentiment This action comes at a critical time unanimous consent to be able to com-
reflects really the essence of the law for our Nation. The bipartisan infra- plete my remarks before the 1:45 p.m.
that we call NEPA. structure law will fund more than $1 vote.
Over 50 years ago, President Richard trillion of investments in projects that The PRESIDING OFFICER. Without
Nixon—a Republican, as you will re- will last not for years but for decades objection, it is so ordered.
call—signed this bedrock environ- and maybe even longer. Mr. SULLIVAN. Mr. President, I
mental policy into law with over- I believe the decision here is clear. want to compliment my friend from
whelming bipartisan support. In the The projects under review today will Delaware. He and I do work together
time since then, NEPA has helped to either help address the climate crisis on a number of issues. We are going to
ensure that Federal actions protect our and protect communities or they will part ways on this really important
quality of life and avoid costly envi- exacerbate emissions and make us issue for me today. I do want to just
ronmental impacts. more vulnerable. make a comment to his comments.
NEPA is not just a means of pro- With thoughtful environmental anal- I would say—I wouldn’t say—I know
tecting resources and conserving a ysis, we can build new facilities that there is no group that has suffered
pristine environment; NEPA also helps are less emissions-intensive. We can more at the hands of the Biden admin-
to improve Federal decisions. How is build highways and bridges to with- istration’s Executive orders and far-
that? Well, by requiring Agencies to stand the kind of extreme weather that left environmental groups than Alaska
take a hard look at the impacts of we are experiencing all over this coun- Natives. I know that for a fact.
their actions before they make deci- try—in fact, all over the planet—and I would invite my colleague to come
sions—before they make decisions. we can save money while we do it with up to Alaska with me, and I will take
For example, through the NEPA infrastructure that is built to last. him to these communities. They can’t
process, just a few years ago, officials Blocking these regulations from tak- do anything—no jobs, no nothing—be-
in Colorado—this is a good example— ing effect is the policy equivalent of cause every far-left group in America
officials in Colorado heard robust pub- burying our heads in the sand, unfortu- wants to shut down their opportuni-
lic feedback when planning improve- nately, with the rate at which the sea ties. It happens all the time.
dlhill on DSK120RN23PROD with SENATE
ments on State Highway 9 that led level is rising around us—and it is. So I would love to take him and oth-
them to take steps to minimize dis- During the course of debate on this one ers up to Alaska to let them see that
turbances to communities and to the proposal today, we are going to see in when people talk about Alaska Native
environment. The final project was ul- the State of Louisiana terrible sea- groups and try to speak for them. Un-
timately delivered with lower emis- level rises going on. Every 100 minutes, fortunately, some of my colleagues on
sions, less harm to wildlife, and safer they lose a piece of land in Louisiana the other side of the aisle do that. No
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August 4, 2022 CONGRESSIONAL RECORD — SENATE S4011
way. You are not going to get away council member knows it; every Gov- form so we can get back to building
with that on this one. ernor knows it; and, yes, every U.S. America, let’s get rid of this destruc-
Mr. President, we have a resolution Senator knows it. tive, overbroad, vague, litigation-invit-
that we are going to be voting on here We see it every day. We don’t see the ing rule. Vote yes on my resolution.
in about 10 minutes. This is my Con- great building of things, but we see the Right now, 50 Republican Senators are
gressional Review Act resolution, and I other things: 8 to 9 years to permit a cosponsors of this resolution.
have spoken on the Senate floor a num- bridge—yes, in America, to permit a To my Democratic colleagues, join
ber of times about this. bridge; 9 to 19 years to permit and us. Do the right thing for America. We
The CRA today, what we call a CRA, build a highway. The Gross water res- all know that this is the right thing for
is quite simple. It would rescind the ervoir in Colorado, for clean water, America.
new Biden administration’s NEPA took 20 years to permit. The Ken- Here is the second test. I asked you
rule—that is the National Environ- sington mine, which is a gold mine in to join us in doing the right thing for
mental Policy Act rule—promulgated Alaska that is now employing hundreds America. Join us in doing the right
in April, which will clearly have the of people with an average wage of thing for the working Americans and
impact of slowing down the construc- $110,000—really good jobs—took 20 building trades that heroically built
tion of literally every infrastructure years to permit with litigation. this country and continue to do so
project in America: the construction of This is killing our country, our econ- today.
roads, bridges, wind, solar, hydro— omy, and good jobs. We all know it, Now, I love this photo. It is iconic. It
heck—even chip fabrication facilities, and we all know the reason for it. says so much, and I have had it on the
critical mineral projects. Pretty much Every single Senator knows the reason: floor a number of times. But these are
everything is going to be slowed down a broken Federal permitting system the kind of men and women who built
by this. that has turned into a labyrinth of red- this great Nation—hard-working Amer-
It is pretty straightforward. Our res- tape; a system that invites and icans who are doing incredible stuff.
olution just says: We want to rescind incentivizes delay and litigation by That is a lunch break, by the way, in
the resolution, the regulation, from groups whose goal is to shut down the the building of the Empire State Build-
April. building of our country. Everybody ing.
But the vote on this is much more This shouldn’t be hard to support the
knows it. It is a fact.
significant than just one Senate resolu- men and women who build this coun-
Now, how can I be so sure? Because
try, and this shouldn’t be hard for my
tion. It is a test for all Senators on two everybody in this body likes to talk
Democratic colleagues who often claim
key issues. about the need for permitting reform
First, are you really serious about to support the working men and
so we can get back to building this
permitting reform so that America can women of America. In the past, I cer-
country and putting Americans who do
tainly will acknowledge that that has
build the infrastructure that everybody these hard jobs to work.
been true, but today—and I have
knows our country desperately needs? Last year, I worked hard with a num-
Second, who do you stand with—the learned this lesson the hard way back
ber of my colleagues on the bipartisan
working men and women of our great home in Alaska. Today, whenever na-
infrastructure bill, which I voted on. In
tional Democrats have to choose be-
Nation who build things or the far-left the EPW Committee—and my col-
tween the interests of the far-left elite
elite special interest groups who want league from Delaware is still here—we
environmental groups and these men
to shut this country down? got some important permitting reforms
Let’s take these two issues in order. and women who produce things and
in it. That was good. They were not
First, permitting reform. My col- build things in America, they sell out
enough, in my view, but it was a good
leagues know this is a passion of mine. the working class every time—every
start.
Actually, it is a passion of a number of time. I see this every day in my State.
Today, as we consider Senator SCHU-
I mentioned this in a Congress com-
Senators. It sounds wonky; it sounds MER’s reconciliation bill, which I will
mittee hearing a few months ago. One
boring; it sounds technical—‘‘permit- oppose, we are all now being assured
of my Democratic colleagues, who is a
ting reform.’’ But in reality, it is so that Senator SCHUMER, Speaker
friend—and almost everybody on the
important for our Nation—for every PELOSI, and even the President are
other side of the aisle is a good friend
community in America, for the dignity fully committed to additional robust
of mine—got upset with me.
of work, for good jobs in this country. permitting legislation in the fall, He said: Hey, that is not true. You
Here is why: We used to build big sometime in the future, once their shouldn’t have said that.
things in America—engineering mar- massive tax-and-spending reconcili- Well, here is what I say: All right.
vels on time, on budget—the source of ation bill passes. So everybody is talk- Prove it.
pride for literally all Americans and ing about permitting. We all know we Today’s vote is a chance to prove me
the envy of the world. We did that all need it. wrong or to prove me right. Here is
the time. Think about it: the Empire But here is what happened. In the why, and this is really important.
State Building—410 days to build; the meantime, between the ‘‘important but Let’s look at the lineup of the groups
Pentagon, the biggest building in the not as ambitious as I would have that support my resolution today and
world—16 months; a little closer to liked’’ permitting reforms in the infra- those that oppose it. These are just
home for me is the 1,700-mile Alaska- structure bill last fall and all of the some of the 50 groups in America that
Canadian Highway through some of the talk of permitting today, something are supporting my resolution that we
world’s most rugged terrain—11 happened. What happened? are going to vote on here in a couple of
months; the Trans-Alaska Pipeline sys- The Biden administration promul- minutes, and I am very proud of this
tem that feeds a hungry nation with gated a new NEPA rule, supported by incredible, broad, and diverse groups of
energy from Alaska to the lower 48— far-left environmental groups, that will Americans who are saying to vote yes
800 miles with 70,000 sections of 48-inch clearly have the effect of slowing down on the Sullivan resolution. They all
pipe joined and welded together, 3 the permitting of infrastructure, invit- have one thing in common: They
mountain ranges, 800 river beds from ing endless litigation and putting peo- produce things and they build things
the Arctic Ocean to the Pacific—3 ple out of work. No one who has seri- for this great Nation.
years. Incredible. ously looked at this broad, nebulous, Take a look at this chart. It is kind
Why did we do this? Why can we do and destructive Biden rule disputes of hard to decipher who is on it. Let me
this? Why can we still do this in Amer- this. I have read it. It is a delay bomb give you a couple.
ica? Because we have the best work- for infrastructure. The American Farm Bureau: So this
dlhill on DSK120RN23PROD with SENATE
ers—the most productive workforce—in So here is the first test. It was noted is all of our farmers and cattlemen—all
the world. in a very good, recent Wall Street of our cattlemen, farmers and ranch-
Unfortunately, those days of building Journal editorial this week. It is this: ers, and ag retailers.
great things in America in an efficient, If my colleagues—all of my colleagues The National Stone, Sand & Gravel
timely fashion are gone. We all know but especially my Democratic col- Association: These are the guys who
it. Every mayor knows it; every city leagues—really support permitting re- build infrastructure.
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S4012 CONGRESSIONAL RECORD — SENATE August 4, 2022
It is the same with the Associated head of the Operating Engineers. You make solar panels, when the Biden ad-
General Contractors of America, the want to talk about great unions— ministration’s regulations are killing
same with the U.S. Chamber, the same LIUNA, Operating Engineers—these their jobs.
with the National Association of Manu- are men and women who build things. I will end with this, back to the
facturers, the same with the American This is an incredible statement, and he workers: When you are voting today,
Mining Rights Association. nails it. This guy really knows what he keep the heritage of these men and
Of course, the entire energy sector is is talking about. women in mind. The Biden NEPA rule
supporting this, groups from Alaska, Since its modest beginnings, NEPA has that we are trying to rescind today will
the resource development sector, evolved into a massive edifice, capable of de- kill jobs. I am sure it has already
groups from West Virginia, and groups stroying project after project, job after job, killed jobs. That is why we need to re-
from Ohio. This is a huge, broad-based in virtually every sector of the economy. scind it.
group of supporters. Dilatory strategies employed by the project This should be an easy vote for all of
I will tell you this. I am most proud opponents—
my Senate colleagues today. If you
of the strong, robust support for my Far-left environmental groups— really care about permitting reform, so
resolution from organizations that rep- frequently exploit provisions in NEPA, we can get back to building things in
resent the men and women who build weighing down projects, frustrating commu- America, you should vote yes. If you
stuff and keep our country’s economy nities, and raising costs to the point that
really put the interests of working men
humming. many applicants, whether public or private,
simply walk away. and women like these incredible Amer-
Take a look at some of them: The icans over those of elite far-left envi-
North America’s Building Trades And when they walk away, it kills
ronmental groups, you should vote yes.
Union—that is all the unions that build jobs. That is from James Callahan’s
And if you truly support the men and
things. The Laborers’ International, letter, 1 of the 50 groups that is sup-
women who build this country, feed
LIUNA—that is the largest construc- porting this resolution.
this country, and grow this country,
tion trade union in the country. The The men and women who build our
you should vote yes.
Operating Engineers—these guys do ev- Nation support my resolution, like so
I yield the floor.
erything. Another trade union: the many groups.
I ask for the yeas and nays on this
Alaska Teamsters, the Alaska AFL– So who is opposed? Well, it is pretty
resolution.
CIO. simple. It is pretty obvious. It is the
The PRESIDING OFFICER. The Sen-
These are the great men and women usual groups of far-left, coastal-elite
ator from Delaware.
who built this country and built the environmental groups that I see every
Mr. CARPER. Mr. President, before
middle class of America. I have the ut- day in Alaska trying to crush jobs and
you do that, I would ask to be recog-
most respect for them, and, indeed, my stop infrastructure and put people out
nized for 3 minutes.
family is part of this labor union herit- of work. The PRESIDING OFFICER. Is there
age. My great-grandfather was one of I will just give you few. You know,
objection?
the cofounders of the International they are the usual suspects: Center for
Without objection, it is so ordered.
Brotherhood of Electrical Workers. Biological Diversity, Earthjustice, Mr. CARPER. Mr. President, I thank
That is a source of pride in my family. CODEPINK—I am not sure why they my colleague for not objecting.
But here is the question: Why are jumped in on this—Friends of the Let’s just stop for a moment before
they all strongly supporting my resolu- Earth. we vote. The National Environmental
tion to rescind the Biden NEPA regula- By the way, if you are watching this
Policy Act was not signed into law by
tions? It is a simple answer: because speech, go take a look at some of those
FDR, not signed into law by Lyndon
they know that these are job-killing websites and see what they stand for.
Johnson or John Kennedy, not signed
regs. They know that these are the So that is who is opposed.
into law by Barack Obama. It was
types of regs in America that delay or One more point that I think is impor-
signed into law by Richard Nixon, with
indefinitely stop the building of infra- tant to raise. To be honest, there is
bipartisan support—strong bipartisan
structure in our country, and their something else going on here. Not only
support—some 50 years ago.
members are the ones who suffer the is there always opposition by those
The reason for the law was that they
most. And the dignity of the work—the groups to building anything in Amer-
wanted—President Nixon and those
dignity of work that we all say we care ica—including my resolution—regard-
who served in the Congress at the
about—also suffers. less of how many pink slips result from
time—to make sure that, as we are pro-
Don’t take my word for it. Here is the actions of these groups to shut
posing to build, we will say, large in-
what some of the leaders of these orga- down things, there is sometimes a sub-
frastructure projects around the coun-
nizations have said—and they are great tle and not so subtle condescension
try with Federal support, they wanted
Americans. Let me begin with Terry looking down on the Americans who
to make sure that the voices of the
O’Sullivan, the head of the Laborers’ build things. Workers can feel it. Work-
people whose lives would be affected by
International. This was his letter to ers can sense it.
that would actually be heard. That was
the Biden White House when they were No one epitomizes this condescending
the idea behind doing this.
contemplating this rule in April. Just elitist attitude toward American work-
I have been in the Senate about 21, 22
take a look. He said: ers more than this guy. You might re-
years and served on the Environment
The rollback of updates to NEPA rein- member that last year, around this
and Public Works Committee with Sen-
states burdensome requirements that will time, he was asked if the Biden admin-
cause excessive permit delays and allow ator Simpson and others, and am privi-
istration’s Green New Deal policies
project adversaries— leged to chair the committee now. And
would put American coal and natural
Far-left environmental groups— about every year or 2, we pass major
gas workers out of work and end their
to use frivolous lawsuits—
infrastructure legislation, and, a year
livelihoods. John Kerry responded:
ago, the largest infrastructure bill in
Which they always do— What President Biden wants to do is make
the history of the country—roads,
to disrupt or upend long overdue construc- sure that those folks—
highways, bridges, water, drinking
tion. Once again, communities in need of Men and women who build stuff, coal
vital infrastructure and the hard-working water, wastewater, you name it.
miners, natural gas workers— Just last week, we passed, with one
men and women who build America will be
have better choices— dissenting vote, the Water Resources
waiting as project details are subjected to
onerous reviews. Better choices— Development Act legislation to reau-
That was Terry O’Sullivan saying: That they can be the people who go to thorize the Army Corps of Engineers to
dlhill on DSK120RN23PROD with SENATE
Don’t issue the rule. work to make solar panels. do projects all over America.
They ignored him. They ignored him Sure, ‘‘better choices,’’ from a guy I live in Wilmington, DE. I–95 goes
because they chose the interests of the who flies in a jet, owned a 76-foot right through Wilmington, DE. It cuts
far-left environmentalists. yacht, several mansions, and has the my city in half. I–95 is being rebuilt for
Here is James Callahan writing in carbon footprint of a small nation. Yet about a 5-mile space, from Route 202,
support of today’s resolution. He is the he tells American energy workers to go which goes up into PA, on down to
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August 4, 2022 CONGRESSIONAL RECORD — SENATE S4013
Route 141—5 miles, right through the Romney Scott (SC) Toomey Coons Klobuchar Sanders
Rounds Shelby Tuberville Cortez Masto Luján Schatz
middle of our major city. It is going to Rubio Sullivan Wicker Cramer Lummis Schumer
be done in, I think, less than 2 years. Sasse Thune Young Crapo Manchin Shaheen
Imagine that: 4 lanes, 6 lanes, all the Scott (FL) Tillis Duckworth Markey Sinema
exits, done in 2 years. Durbin Marshall Smith
NAYS—47 Ernst McConnell
They are talking about not being Stabenow
Baldwin Heinrich Rosen Feinstein Menendez Tester
able to get a big project done. We are Bennet Hickenlooper Sanders Gillibrand Murkowski
Tillis
doing big projects in a little State all Blumenthal Hirono Schatz Graham Murphy
Toomey
Booker Kaine Schumer Grassley Murray
the time. Brown Kelly Hassan Ossoff
Van Hollen
Shaheen Warner
The last thing I would say is that our Cantwell King Sinema
Heinrich Padilla
Hickenlooper Peters Warnock
colleagues JOE MANCHIN and LISA MUR- Cardin Klobuchar Smith Warren
Carper Luján Hirono Portman
KOWSKI cohosted bipartisan meetings a Stabenow Whitehouse
Casey Markey Kaine Reed
month or 2 ago—6 or 7 or 8 of them—in Coons Menendez
Tester Kelly Risch Wyden
the afternoon to talk about a path for- Van Hollen Kennedy Romney Young
Cortez Masto Murphy
Duckworth Warner King Rosen
ward on reconciliation and infrastruc- Murray
Durbin Ossoff Warnock
ture legislation, but also to talk about Feinstein Padilla Warren NAYS—29
permitting and permitting reform. Gillibrand Peters Whitehouse Barrasso Hawley Rubio
Every time we do a major infrastruc- Hassan Reed Wyden Blackburn Hoeven Sasse
ture bill, we do permitting reform, and Blunt Hyde-Smith Scott (FL)
NOT VOTING—3 Boozman Inhofe Scott (SC)
we do streamlining. We have done it. Cornyn Leahy Merkley Braun Johnson Shelby
We did it last year, and we are going to Cotton Lankford Sullivan
do it again with the WRDA legislation The joint resolution (S.J. Res. 55) Cruz Lee Thune
too. was passed, as follows: Daines Moran Tuberville
Fischer Paul
Later, sometime this fall, in Sep- S.J. RES. 55 Wicker
Hagerty Rounds
tember, October, we will do permitting Resolved by the Senate and House of Rep-
resentatives of the United States of America in NOT VOTING—4
reform debate and legislation again.
Congress assembled, That Congress dis- Burr Leahy
We can’t do it in the context of rec- Cornyn Merkley
approves the rule submitted by the Council
onciliation because the Parliamen- on Environmental Quality relating to ‘‘Na-
tarian won’t let us do that. It has to be The nomination was confirmed.
tional Environmental Policy Act Imple- The PRESIDING OFFICER (Ms. COR-
as stand-alone legislation. menting Regulations Revisions’’ (87 Fed.
TEZ MASTO). Under the previous order,
We will have the opportunity to do Reg. 23453 (April 20, 2022)), and such rule
that. People can offer their ideas. We shall have no force or effect. the motion to reconsider is considered
will debate them. We will vote them made and laid upon the table and the
up, and we will vote them down. f President will be immediately notified
I just wanted to add that for the of the Senate’s action.
EXECUTIVE SESSION
record. f
With that, I guess we ought to ask ---
LEGISLATIVE SESSION
for the yeas and nays. EXECUTIVE CALENDAR
The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Sen-
the previous order, all time is expired. The PRESIDING OFFICER (Mr. VAN ate will resume legislative session.
The clerk will read the title of the HOLLEN). Under the previous order, the ORDER OF PROCEDURE
joint resolution for the third time. Senate will proceed to executive ses- Mr. SCHUMER. Madam President,
sion to consider the following nomina- for the information of Senators, the
The joint resolution was ordered to
tion, which the clerk will report. Senate will next convene on Saturday
be engrossed for a third reading and
The senior assistant legislative clerk at noon. The next vote will be at 12:30
was read the third time.
read the nomination of Roopali H. p.m. on Saturday on a motion to dis-
The PRESIDING OFFICER. The joint
Desai, of Arizona, to be United States charge a nomination.
resolution having been read the third
Circuit Judge for the Ninth Circuit. We expect to vote on the motion to
time, the question is, Shall the joint
The PRESIDING OFFICER. All time proceed to the reconciliation legisla-
resolution pass?
is yielded back. tion on Saturday afternoon.
The yeas and nays have been pre-
The question is, Will the Senate ad-
viously requested. f
vise and consent to the Desai nomina-
Is there a sufficient second?
tion? EXECUTIVE SESSION
There appears to be a sufficient sec- Mr. SCHATZ. I ask for the yeas and
ond. Mr. SCHUMER. Madam President, I
nays.
The clerk will call the roll. move to proceed to executive session.
The PRESIDING OFFICER. Is there a
The bill clerk called the roll. The PRESIDING OFFICER. The
sufficient second?
Mr. DURBIN. I announce that the question is on agreeing to the motion.
There appears to be a sufficient sec-
Senator from Vermont (Mr. LEAHY) and The motion was agreed to.
ond.
the Senator from Oregon (Mr. The clerk will call the roll. f
MERKLEY) are necessarily absent. The senior assistant executive clerk
Mr. THUNE. The following Senator is MOTION TO DISCHARGE
called the roll.
necessarily absent: the Senator from Mr. DURBIN. I announce that the Mr. SCHUMER. Madam President,
Texas (Mr. CORNYN). Senator from Vermont (Mr. LEAHY) and pursuant to S. Res. 27, the Committee
The result was announced—yeas 50, the Senator from Oregon (Mr. on Environment and Public Works
nays 47, as follows: MERKLEY) are necessarily absent. being tied on the question of reporting,
[Rollcall Vote No. 283 Leg.] Mr. THUNE. The following Senator I move to discharge the Committee on
YEAS—50 are necessarily absent: the Senator Environment and Public Works from
from North Carolina (Mr. BURR) and further consideration of the nomina-
Barrasso Cruz Kennedy
Blackburn Daines Lankford the Senator from Texas (Mr. CORNYN). tion of David Uhlmann, to be Assistant
Blunt Ernst Lee The result was announced—yeas 67, Administrator for Enforcement and
Boozman Fischer Lummis Compliance Assurance, Environmental
nays 29, as follows:
dlhill on DSK120RN23PROD with SENATE
Braun Graham Manchin
Burr Grassley Marshall [Rollcall Vote No. 284 Ex.]
Protection Agency.
Capito Hagerty McConnell The PRESIDING OFFICER. Under
YEAS—67
Cassidy Hawley Moran the provisions of S. Res. 27, there will
Collins Hoeven Murkowski Baldwin Brown Carper now be up to 4 hours of debate on the
Cotton Hyde-Smith Paul Bennet Cantwell Casey
Cramer Inhofe Portman Blumenthal Capito Cassidy motion, equally divided between the
Crapo Johnson Risch Booker Cardin Collins two leaders or their designees, with no
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