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Congressional Record, Senate, August 6, 2022: S. 4205 and Resolutions, Page S4165

Summary

A page of the Congressional Record, Senate, dated August 6, 2022, at page S4165. It carries text of the Planning for Animal Wellness Act or PAW Act, which would have the Administrator of the Federal Emergency Management Agency establish an advisory working group on animal emergency management. The bill, S. 4205, was reported with a committee amendment in the nature of a substitute, the amendment was agreed to, and the bill was passed. Mr. Durbin then asks unanimous consent that S. Res. 698 honoring the dedication of the Ball family and its 100-year legacy at Ball State University, and S. Res. 749 and S. Res. 750, be agreed to. S. Res. 749 recognizes the 10-year anniversary of the attack at the Sikh Temple of Wisconsin, and S. Res. 750 celebrates the United States-Republic of Korea alliance.

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, Senate, August 6, 2022: S. 4205 and Resolutions, Page S4165.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-08-06-crec-2022-08-06-pt1-pgs4165-3-1170bc5441/, SHA-256 79be38b901b91665151896972e8614754076621aa5615fe2534856e53351a0e5.

Full text

                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                   S4165
                                             RECOGNIZING THE 10-YEAR ANNI-                           had been reported from the Committee                   table with no intervening action or de-
                                              VERSARY OF THE TRAGIC AT-                              on Homeland Security and Govern-                       bate.
                                              TACK THAT TOOK PLACE AT THE                            mental Affairs, with an amendment to                     The PRESIDING OFFICER. Without
                                              SIKH TEMPLE OF WISCONSIN ON                            strike all after the enacting clause and               objection, it is so ordered.
                                              AUGUST 5, 2012, AND HONORING                           insert in lieu thereof the following:                    The committee-reported amendment
                                              THE MEMORY OF THOSE WHO                                SECTION 1. SHORT TITLE.                                in the nature of a substitute was
                                              DIED IN THE ATTACK                                      This Act may be cited as the ‘‘Planning for           agreed to.
                                                                                                     Animal Wellness Act’’ or the ‘‘PAW Act’’.                The bill (S. 4205), as amended, was or-
                                                                   ---                                                                                      dered to be engrossed for a third read-
                                                                                                     SEC. 2. WORKING GROUP GUIDELINES.
                                             CELEBRATING          THE      UNITED                      (a) DEFINITIONS.—In this section:                    ing, was read the third time, and
                                               STATES-REPUBLIC        OF    KOREA                      (1) ADMINISTRATOR.—The term ‘‘Adminis-               passed.
                                               ALLIANCE AND THE DEDICATION                           trator’’ means the Administrator of the Federal                          f
                                               OF     THE   WALL     OF    REMEM-                    Emergency Management Agency.
                                               BRANCE AT THE KOREAN WAR                                (2) WORKING GROUP.—The term ‘‘working                  HONORING THE DEDICATION OF
                                               VETERANS MEMORIAL ON JULY                             group’’ means the advisory working group es-                    THE BALL FAMILY
                                               27, 2022                                              tablished under subsection (b).
                                                                                                                                                              Mr. DURBIN. Mr. President, I ask
                                                                                                       (b) WORKING GROUP.—Not later than 180 days
                                               Mr. DURBIN. Mr. President, I ask                      after the date of enactment of this Act, the Ad-       unanimous consent that the Com-
                                             unanimous consent that the Senate                       ministrator shall establish an advisory working        mittee on the Judiciary be discharged
                                             proceed to the en bloc consideration of                 group.                                                 from further consideration of S. Res.
                                             the following resolutions, submitted                      (c) MEMBERSHIP.—The working group shall              698 and the Senate proceed to its imme-
                                             earlier today: S. Res. 749 and S. Res.                  consist of—                                            diate consideration.
                                             750.                                                      (1) not less than 2 representatives of State           The PRESIDING OFFICER. The
                                                                                                     governments with experience in animal emer-            clerk will report the resolution by
                                               The PRESIDING OFFICER. The
                                                                                                     gency management;
                                             clerk will report the resolutions by                                                                           title.
                                                                                                       (2) not less than 2 representatives of local gov-
                                             title.                                                  ernments with experience in animal emergency             The senior legislative clerk read as
                                               The senior legislative clerk read as                  management;                                            follows:
                                             follows:                                                  (3) not less than 2 representatives from aca-          A resolution (S. Res. 698) honoring the
                                               A resolution (S. Res. 749) recognizing the            demia;                                                 dedication of the Ball family to providing
                                             10-year anniversary of the tragic attack that             (4) not less than 2 veterinary experts;              college educations and celebrating their 100-
                                             took place at the Sikh Temple of Wisconsin                (5) not less than 2 representatives from non-        year legacy at Ball State University.
                                             on August 5, 2012, and honoring the memory              profit organizations working to address the              There being no objection, the com-
                                             of those who died in the attack.                        needs of households pets and service animals in        mittee was discharged, and the Senate
                                               A resolution (S. 750) celebrating the United          emergencies or disasters;
                                             States-Republic of Korea alliance and the                 (6) representatives from the Federal Animal
                                                                                                                                                            proceeded to consider the resolution.
                                             dedication of the Wall of Remembrance at                Emergency Management Working Group; and                  Mr. DURBIN. Mr. President, I ask
                                             the Korean War Veterans Memorial on July                  (7) any other members determined necessary           unanimous consent that the resolution
                                             27, 2022.                                               by the Administrator.                                  be agreed to, the preamble be agreed
                                               There being no objection, the Senate                    (d) DUTIES.—The working group shall—                 to, and the motions to reconsider be
                                             proceeded to consider the resolutions.                    (1) encourage and foster collaborative efforts       considered made and laid upon the
                                               Mr. DURBIN. Mr. President, I ask                      among individuals and entities working to ad-          table with no intervening action or de-
                                                                                                     dress the needs of household pets, service and         bate.
                                             unanimous consent that the resolu-                      assistance animals, and captive animals, as ap-
                                             tions be agreed to, the preambles be                                                                             The PRESIDING OFFICER. Without
                                                                                                     propriate, in emergency and disaster prepared-
                                             agreed to; and the motions to recon-                    ness, response, and recovery; and                      objection, it is so ordered.
                                             sider be considered made and laid upon                    (2) review best practices and Federal guid-            The resolution (S. Res. 698) was
                                             the table with no intervening action or                 ance, as of the date of enactment of this Act, on      agreed to.
                                             debate.                                                 congregate and noncongregate sheltering and              The preamble was agreed to.
                                               The PRESIDING OFFICER. Without                        evacuation planning relating to the needs of             (The resolution, with its preamble, is
                                             objection, it is so ordered.                            household pets, service and assistance animals,        printed in the RECORD of June 23, 2022,
                                               The resolution (S. Res. 749) was                      and captive animals, as appropriate, in emer-          under ‘‘Submitted Resolutions.’’)
                                                                                                     gency and disaster preparedness, response, and           Mr. CARPER. Mr. President, I rise
                                             agreed to.
                                                                                                     recovery.
                                               The preamble was agreed to.                             (e) NO COMPENSATION.—The members of the
                                                                                                                                                            for the purpose of entering into a col-
                                               (The resolution, with its preamble, is                working group shall serve on the working group         loquy with the chair of the Finance
                                             printed in today’s RECORD under ‘‘Sub-                  on a voluntary basis.                                  Committee, Mr. WYDEN, concerning
                                             mitted Resolutions.’’)                                    (f) GUIDANCE DETERMINATION.—Not later than           section 13204, clean hydrogen, which es-
                                               The resolution (S. Res. 750) was                      1 year after the date of enactment of this Act,        tablishes for the first time tax incen-
                                             agreed to.                                              the working group shall determine whether the          tives for the production of clean hydro-
                                               The preamble was agreed to.                           best practices and Federal guidance described in       gen, and section 13701, Clean Elec-
                                               (The resolution, with its preamble, is                subsection (d)(2) are sufficient.                      tricity Production Credit, which estab-
                                             printed in today’s RECORD under ‘‘Sub-                    (g) NEW GUIDANCE.—Not later than 540 days
                                                                                                     after the date of enactment of this Act, if the
                                                                                                                                                            lishes for the first time technology
                                             mitted Resolutions.’’)                                                                                         neutral tax credits for clean electricity
                                                                                                     Administrator, in consultation with the working
                                                              f                                      group, determines that the best practices and          production.
                                                   PLANNING FOR ANIMAL                               Federal guidance described in subsection (d)(2)          I would like to commend my friend
                                                         WELLNESS ACT                                are insufficient, the Administrator, in consulta-      from Oregon, the chairman of the Sen-
                                                                                                     tion with the working group, shall publish up-         ate Finance Committee, for his leader-
                                               Mr. DURBIN. Mr. President, I ask                      dated Federal guidance.                                ship in crafting title I of the Inflation
                                             unanimous consent the Senate proceed                      (h) SUNSET.—                                         Reduction Act of 2022, which includes
                                             to the immediate consideration of Cal-                    (1) IN GENERAL.—Subject to paragraph (2), the
                                                                                                                                                            new tax incentives that will promote
                                             endar No. 466, S. 4205.                                 working group shall terminate on the date that
                                               The PRESIDING OFFICER. The                            is 4 years after the date of enactment of this         clean energy, fight climate change, and
                                             clerk will report the bill by title.                    Act.                                                   help create good-paying, American
                                               The senior assistant legislative clerk                  (2) EXTENSION.—The Administrator may ex-             jobs. I want to especially say thank
                                             read as follows:                                        tend the date described in paragraph (1) if the        you for including in the clean energy
                                                                                                     Administrator determines an extension is appro-        package, section 13204 of title I of the
                                               A bill (S. 4205) to require the Adminis-              priate.
                                             trator of the Federal Emergency Manage-                                                                        Inflation Reduction Act of 2022, which




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                                             ment Agency to establish a working group                  Mr. DURBIN. I ask that the com-                      is similar to my legislation, S.1807, the
                                             relating to best practices and Federal guid-            mittee-reported substitute amendment                   Clean H2 Production Act.
                                             ance for animals in emergencies and disas-              be agreed to; the bill, as amended, be                   Section 13024 of title I of the Infla-
                                             ters, and for other purposes.                           considered read a third time and                       tion Reduction Act of 2022 provides a
                                               There being no objection, the Senate                  passed; and the motion to reconsider be                production and investment tax credit
                                             proceeded to consider the bill, which                   considered made and laid upon the                      for the production of clean hydrogen.



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                                             S4166                                             CONGRESSIONAL RECORD — SENATE                                                      August 6, 2022
                                             In Section 13204, the term ‘‘lifecycle                  ner that reflects the intent that the                  rules for the utilization of foreign tax
                                             greenhouse gas emissions’’ for a quali-                 section 38 limitations under current                   credits in the law’s first year.
                                             fied hydrogen facility is determined by                 law will not apply to the transferor.                    Mr. WYDEN. Yes, regulations such as
                                             the aggregate quantity of greenhouse                      Mr. WYDEN. I thank the Senator for                   these would be in line with the legisla-
                                             gas emissions through the point of pro-                 his inquiry and can clarify that the                   tive text and our intent for companies
                                             duction, as determined under the most                   Senator is correct that the current-law                to be able to appropriately utilize for-
                                             recent Greenhouse gases, Regulated                      limitations that generally apply to tax                eign tax credits in the corporate alter-
                                             Emissions, and Energy use in Tech-                      credits under section 38 would not re-                 native minimum tax.
                                             nologies—GREET—model. It is also my                     duce the amount of credits eligible for                  Mr. MENENDEZ. I thank the chair-
                                             understanding of the intent of section                  transfer by the transferor of transfer-                man for this clarification of the provi-
                                             13204, is that in determining ‘‘lifecycle               able tax credits under the bill and that               sion.
                                             greenhouse gas emissions’’ for this sec-                the Treasury Department should issue                     Mr. CARDIN. Mr. President, I rise
                                             tion, the Secretary shall recognize and                 technical guidance that reflects this                  today to engage in a colloquy with the
                                             incorporate indirect book accounting                    intent.                                                distinguished chairman of the Senate
                                             factors, also known as a book and                         Mr. CARDIN. I welcome the chair-                     Finance Committee, Senator WYDEN.
                                             claim system, that reduce effective                     man’s leadership and support to clarify                  I want to ask for a clarification of
                                             greenhouse gas emissions, which in-                     this issue, ensuring that the amount of                the provision in the underlying bill re-
                                             cludes, but is not limited to, renewable                the tax credits eligible for transfer are              garding the corporate book minimum
                                             energy credits, renewable thermal                       not limited by section 38 so that they                 tax. Is it the chairman’s understanding
                                             credits, renewable identification num-                  will, in fact, expand investment in                    and intent that, because the corporate
                                             bers, or biogas credits.                                projects that will achieve the broader                 alternative minimum tax is based on
                                                Is that the chairman’s understanding                 climate goals of this bill.                            financial statement income, it does not
                                             as well?                                                  Ms. HASSAN. Mr. President, I ask                     include Other Comprehensive Income?
                                                Mr. WYDEN. Yes.                                      unanimous consent to engage in a col-                    Mr. WYDEN. I thank the Senator for
                                                Mr. CARPER. Thank you, Mr. Chair-                    loquy with Senator WYDEN for clari-                    his inquiry and can clarify that, for
                                             man.                                                    fication regarding a tax provision in-                 purposes of the corporate alternative
                                                Additionally, I would like to clarify                cluded in the bill currently before the                minimum tax, Other Comprehensive
                                             that the intent of section 13701 allows                 Senate. Section 13704 of the bill, which               Income is not included in financial
                                             the Secretary to consider indirect book                 concerns     production     credits   for              statement income.
                                             and claim factors that reduce effective                 biofuels, defines ‘‘transportation fuel’’                Mr. CARDIN. I thank the chairman
                                             greenhouse gas emissions to help deter-                 that can qualify for the credit as a fuel              for that clarification.
                                             mine whether the greenhouse gas rate                    that is suitable for use as a fuel in a                  Mr. WARNER. Mr. President, I ask
                                             of a qualified fuel cell property, which                highway vehicle or aircraft. The fuel                  unanimous consent to engage in a col-
                                             does not include facilities that produce                must also be below a carbon emissions                  loquy with Senator WYDEN for clari-
                                             electricity through combustion or gas-                  ceiling and meet a processing require-                 fication regarding a tax provision in-
                                             ification, is ‘‘not greater than zero.’’                ment.                                                  cluded in the bill currently before the
                                                Is that the chairman’s under-                          Senator WYDEN, as chair of the Fi-                   Senate.
                                             standing?                                               nance Committee, is it his under-                        With regard to the advanced manu-
                                                Mr. WYDEN. Yes.                                      standing that, although a fuel must be                 facturing tax credit, it is the intention
                                                Mr. CARPER. I thank the Senator                      suitable for use as a fuel in a highway                that section 45X, as established by sec-
                                             from Oregon for his comments on these                   vehicle or aircraft to qualify for this                tion 13502 of the Inflation Reduction
                                             issues and his leadership.                              biofuel production credit, it may still                Act, is intended to apply to compo-
                                                Mr. CARDIN. Mr. President, I rise                    actually be used for any business pur-                 nents for which production was com-
                                             today to engage in a colloquy with the                  pose, including as transportation fuel,                pleted after December 31, 2022, and are
                                             distinguished chairman of the Senate                    industrial fuel, or for residential or                 sold to an unrelated party after Decem-
                                             Finance Committee, Senator WYDEN. I                     commercial heat?                                       ber 31, 2022?
                                             want to comment on the transferable                       Mr. WYDEN. I thank the Senator for                     In other words, the credit should be
                                             tax credit provisions supporting sus-                   her inquiry. That is correct. The credit               available to the entirety of eligible
                                             tainability in the bill and, in par-                    is intended to incentivize production of               components currently underway if
                                             ticular, the application of general limi-               biofuels of a certain quality, usable as               those components are concluded after
                                             tations that already exist in current                   fuel for highway vehicles or aircrafts,                2022. For example, an offshore wind
                                             law for various tax credits. As the                     but not limited only to fuels which are                vessel that began construction in 2019
                                             chairman knows, the bill includes a                     actually used in highway vehicles or                   and was completed at a date after De-
                                             historic investment in tax credits and                  aircrafts.                                             cember 31, 2022, would be eligible for
                                             incentives to promote the development                     Ms. HASSAN. I thank the chair for                    the credit applied to the full cost of
                                             of various clean energy technologies                    that clarification and for engaging in                 production of the vessel and not just
                                             and provides a broad regime to permit                   this colloquy.                                         for the portion completed after Decem-
                                             eligible credits to be transferred from                   Mr. MENENDEZ. Mr. President, I                       ber 31, 2022.
                                             the project owners to another unre-                     rise to engage in a colloquy with my                     Mr. WYDEN. I thank the Senator for
                                             lated taxpayer.                                         colleague, the chairman of the Senate                  his inquiry. That is correct. The credit
                                                Under current law, the ability to                    Finance Committee, Senator WYDEN.                      is intended for any eligible components
                                             claim general business tax credits is                     In the corporate alternative min-                    produced and sold after December 31,
                                             subject to a number of potential limi-                  imum tax, there is some question as to                 2022, regardless of the portion of the
                                             tations in section 38 of the Tax Code                   whether companies that operate in for-                 component that was produced before
                                             based on the taxpayer’s income tax li-                  eign countries with standard tax years                 January 1, 2023.
                                             ability. The bill language does not ap-                 that are different from the U.S. could                   Mr. WARNER. Mr. President, I look
                                             pear to apply the section 38 limitations                lose foreign tax credits strictly because              forward to passing this important piece
                                             to reduce the amount of the credit eli-                 of these non-conforming years. This                    of legislation that will help fight infla-
                                             gible to be transferred by the trans-                   may especially be an issue in the very                 tion, invest in domestic energy produc-
                                             feror of tax credits. This would be con-                first year of the corporate alternative                tion and manufacturing, reduce carbon
                                             sistent with the goal of encouraging                    minimum tax’s application.                             emissions, and lower healthcare costs
                                             additional investment by expanding                        Does Treasury have authority to                      for millions of Americans.




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                                             the availability of these tax credits to                issue regulations dealing with poten-                    Mr. CARDIN. Mr. President, I rise
                                             project owners without regard to their                  tial issues with foreign income taxes                  today to engage in a colloquy with the
                                             ability to claim the credits themselves.                relating to nonconforming foreign tax                  distinguished chairman of the Senate
                                                I expect that the Treasury Depart-                   years and how that impacts foreign tax                 Finance Committee, Senator WYDEN.
                                             ment will develop technical guidance                    credits in the corporate alternative                     There is some question as to the
                                             for these transferable credits in a man-                minimum tax? This would include fair                   proper ordering of the calculation of



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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                 S4167
                                             the credit under section 53 and a tax-                  efficiency tax deduction. The deduc-                   tion drugs. The bill is called the Pre-
                                             payer’s liability under section 59A, the                tion, made permanent in 2020, is an im-                scription Drug Pricing Reduction Act.
                                             base erosion and anti-abuse tax. Does                   portant tool to tackle climate change                  We held three committee hearings to
                                             the Treasury have authority to issue                    by encouraging investments in energy-                  learn from policymakers and advocates
                                             regulations dealing with potential                      efficient buildings.                                   while also holding Big Pharma and
                                             issues with the ordering of the calcula-                  I have been made aware of a discour-                 PBMs accountable. We held a com-
                                             tion of the credit under section 53 and                 aging trend among those who use sec-                   mittee mark-up where the bill passed
                                             the tax under section 59A?                              tion 179D that some entities attempt to                19 to 9, on a bipartisan basis. We con-
                                               Mr. WYDEN. Yes, we believe that                       receive payments in exchange for pro-                  tinued to hold additional negotiations
                                             Treasury will have authority to issue                   viding section 179D allocation letters                 to make improvements to the bill. It
                                             regulations dealing with potential                      to private sector building designers.                  contained stuff I liked and didn’t like.
                                             issues with the ordering of the calcula-                  As I have said before, entities seek-                But that is bipartisan legislation.
                                             tion of the credit under section 53 and                 ing to avail themselves of the tax bene-               Today, it is still the only comprehen-
                                             the tax under section 59A. Regulations                  fits of section 179D cannot seek, accept,              sive prescription drug bill that can gar-
                                             such as these would be in line with our                 or solicit payments from designers in                  ner more than 60 votes on the Senate
                                             intent in drafting the BEAT inter-                      exchange for providing section 179D al-                floor.
                                             action provisions in the corporate al-                  location letters.                                        I recently outlined on the floor the
                                             ternative minimum tax.                                    The issuance of a section 179D alloca-               bill’s details in case the majority party
                                               Mr. CARDIN. I thank the chairman                      tion letter shall not be used as leverage              has forgotten. I won’t restate every
                                             for that clarification.                                 to request a payment from a designer;                  part of my July 20 speech, but here are
                                               Mr. VAN HOLLEN. Mr. President, I                      allocation letters should be duly issued               some of my bill’s key measures: No. 1,
                                             would like to engage my friend the                      once the applicable design services                    it lowers costs for seniors by $72 billion
                                             chairman of the Finance Committee,                      have been performed.                                   and saves taxpayers $95 billion. No. 2,
                                                                                                       These actions run counter to the in-                 it establishes an out-of-pocket cap,
                                             Senator WYDEN, in a colloquy.
                                               One of the many vital investments                     tent of section 179D(d)(4)’s express di-               eliminates the donut hole, and rede-
                                             made in the Inflation Reduction Act to                  rection to allow the allocation of the                 signs Medicare Part D. No. 3, it ends
                                                                                                     section 179D deduction ‘‘. . . to the per-             taxpayer subsidies to Big Pharma by
                                             reduce energy costs and confront the
                                                                                                     son primarily responsible for designing                capping price increases of Medicare
                                             climate crisis is the qualified commer-
                                                                                                                                                            Part B and D drugs at inflation. No. 4,
                                             cial clean vehicle credit. This provides                the property in lieu of the owner of
                                                                                                                                                            it establishes accountability and trans-
                                             a tax credit of up to $40,000 for quali-                such property.’’
                                                                                                                                                            parency in the pharmaceutical indus-
                                             fied heavy commercial electric vehi-                      Consistent with congressional intent,
                                                                                                                                                            try. No. 5, and the bill is bipartisan.
                                             cles, or up to $7,500 for qualified com-                section 179D allocation letters are ad-
                                                                                                                                                            Believe it or not, a bipartisan bill lim-
                                             mercial electric vehicles weighing less                 ministrative in nature and serve to for-
                                                                                                                                                            iting pharmaceutical increases is pos-
                                             than 14,000 pounds, which includes both                 malize the allocation of the tax deduc-
                                                                                                                                                            sible. Compare this to what the major-
                                             trucks and mobile machinery.                            tion to the eligible designer.
                                                                                                                                                            ity has offered: Their partisan bill in-
                                               Mobile machinery is a vehicle that is                   As section 179D is rightly expanded
                                                                                                                                                            cludes more reckless spending and tax
                                             unrelated to transportation, such as a                  in the legislation being considered in
                                                                                                                                                            increases. Their partisan bill reduces
                                             forklift or bulldozer. The qualified                    the Senate, it must be reaffirmed that
                                                                                                                                                            the number of new cures and treat-
                                             commercial clean vehicle credit uti-                    it is congressional intent that entities
                                                                                                                                                            ments. Their partisan bill fails to enact
                                             lizes an existing statutory definition of               cannot seek, accept, or solicit pay-
                                                                                                                                                            any bipartisan accountability for Big
                                             mobile machinery, the purpose of                        ments in exchange for providing 179D                   Pharma and PBMs.
                                             which is to provide for an exemption                    allocation letters.                                      Even while the majority party has
                                             from the excise tax on heavy trucks                       Mr. GRASSLEY. Mr. President, this                    decided to pursue a purely partisan bill
                                             that is deposited into the highway                      body has a long record of coming to-                   in secret over the past 20 months, I
                                             trust fund.                                             gether to improve healthcare for Amer-                 have continued to meet with Demo-
                                               The new application of the mobile                     icans. In 2003, we worked in a bipar-                  crats and Republicans to advance my
                                             machinery definition will raise novel                   tisan manner to establish the Medicare                 bipartisan and negotiated bill. I have
                                             questions about which types of vehicles                 Part D benefit. More recently, I have                  met or spoken with: President Biden
                                             qualify as mobile machinery, in cases                   worked with my Finance Committee                       and White House staff, Speaker PELOSI,
                                             where the determination was not nec-                    colleagues on oversight investigations                 Leader MCCARTHY, HHS Secretary
                                             essary in the context of the excise tax                 to hold: EpiPen manufacturers ac-                      Becerra, House Democrats who wanted
                                             on heavy trucks. One such case is com-                  countable who were misusing taxpayer                   a bipartisan bill, Problem Solvers Cau-
                                             mercial lawn mowers, most of which                      dollars, insulin manufacturers and                     cus Health Care Working Group, Con-
                                             currently have gas-powered engines                      PBMs accountable who were unfairly                     gressman       WELCH,     Congresswoman
                                             that are a significant source of pollu-                 increasing the list price of insulin, and              McMorris Rodgers, Democrat Senators
                                             tion.                                                   our organ donation system accountable                  SINEMA and CARPER, and others.
                                               I ask the chairman of the Finance                     and investigate its troubling under-                     I wanted a bipartisan bill to pass this
                                             Committee whether commercial lawn                       performance.                                           Senate. We could still pass the Pre-
                                             mowers can fit the criteria of mobile                     We can work together and meaning-                    scription Drug Pricing Reduction Act.
                                             machinery and, therefore, qualify for                   fully improve healthcare. This Con-                    My colleagues know it. Several of them
                                             the qualified commercial clean vehicle                  gress, I have worked with my Demo-                     have thanked me publicly on my bipar-
                                             credit, provided that the vehicle meets                 crat colleagues to introduce eight bills               tisan work to lower prescription drug
                                             the other criteria for the credit.                      to lower drug costs. In the past year                  prices. Sadly, they have chosen a dif-
                                               Mr. WYDEN. A commercial lawn                          alone, we have passed five of my bills                 ferent route. They have chosen a bill
                                             mower could qualify as mobile machin-                   out of committee on a bipartisan basis.                that contains zero PBM accountability.
                                             ery, since it performs a similar oper-                  They will lower drug prices and create                 It gives middlemen a pass. They have
                                             ation to the purposes listed in the stat-               more competition while holding Big                     chosen a bill that contains none of the
                                             ute. Therefore, if such a vehicle met                   Pharma and PBMs accountable. Unfor-                    25 accountability and transparency
                                             the other criteria for the qualified                    tunately, the leader hasn’t brought any                provisions that had bipartisan con-
                                             commercial clean vehicle credit, it                     of these bills up for a vote, even though              sensus in my bill. This includes ending
                                             would be eligible.                                      they would easily pass the Senate. But                 DIR clawbacks that are hurting pa-
                                               Mr. VAN HOLLEN. I thank the Sen-                      this hasn’t stopped me from trying to                  tients pocketbooks and small/inde-




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                                             ator for clarifying this point, and I                   find other ways to help bring down the                 pendent pharmacies; ending ‘‘spread
                                             share that understanding.                               cost of medications.                                   pricing’’ in Medicaid that is drive up
                                               Mr. CARDIN. Mr. President, the leg-                     In 2019, as Finance Committee chair-                 taxpayer costs; requiring sunshine on
                                             islation being considered today in-                     man, I began a bipartisan committee                    PBMs through financial audits, so we
                                             cludes a historic expansion of the sec-                 process with the ranking member from                   knows the true net cost of a drug; re-
                                             tion 179D commercial buildings energy-                  Oregon to lower the cost of prescrip-                  quiring sunshine on excessive drug



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                                             S4168                                             CONGRESSIONAL RECORD — SENATE                                                       August 6, 2022
                                             price increases and launch price of new                 in Congress—not a partisan group but                   cials deciding what the taxes ought to
                                             high-cost drugs. None of these bipar-                   nonpartisan—says this bill will hurt                   be.
                                             tisan accountability and transparency                   Americans in nearly every tax bracket.                   They said it was bad for the econ-
                                             provisions—and more—are included in                     They say that more than half of the                    omy, too, because companies were
                                             their bill.                                             burden of the over $300 billion in new                 managing to the book tax rather than
                                               Finally, one last thing I would like                  taxes is going to fall on folks making                 the IRS tax. So let’s learn from the
                                             to address about my colleagues’ reck-                   less than $400,000 a year.                             past. Why would we want to do that
                                             less tax and spending bill: I have heard                  Well, that directly contradicts prom-                again, set up a whole other tax system,
                                             some of my colleagues on the other                      ises made not to increase taxes on                     tax the American economy, tax con-
                                             side say this bill’s prescription drug                  Americans at that level.                               sumers, tax workers, and do so through
                                             provision is Grassley-Wyden. That is                      While I am glad the blow to manufac-                 something that in 1986, we looked at
                                             untrue. This is a reckless tax and                      turers has been somewhat softened in                   and decided this is not working?
                                             spending bill. It is not bipartisan, and                the last 24 hours, with the latest                       So Democrats will say tonight, Well,
                                             no reporter should accept or repeat                     version of the bill, what the Democrats                this new complicated tax system is just
                                             that notion. I oppose the partisan bill                 did was essentially exchange one bad                   going to affect big companies.
                                             because it is a long list of reckless tax               tax—the book tax on manufacturers—                       That is true. But you know what, big
                                             increases and spending. This is not the                 for another bad tax, a tax that will tax               companies employ a lot of people, and
                                             bipartisan prescription drug bill that                  stock buybacks, that is going to hurt                  a lot of people are going to be hurt.
                                             passed out of the Finance Committee                     particularly Americans who are trying                  They also sell to a lot of consumers, all
                                             19 to 9.                                                to save for retirement.                                of us who will be hurt. Last year, there
                                               I have filed the Prescription Drug                      Let me start with the book tax. This                 were over 200 companies listed on the
                                             Pricing Reduction Act as an amend-                      is a proposed tax that is very different               Fortune 500 as meeting the criteria
                                             ment today. We could strike and re-                     from the existing corporate income tax                 that is set out in this legislation. They
                                             place this reckless tax and spending                    which is based on income that business                 employ over 18 million Americans. It is
                                             spree with comprehensive drug pricing                   report to the IRS when they file their                 those employees and those who are cus-
                                             reform that could garner more than 60                   taxes. That IRS income, by the way, is                 tomers who are going to bear the brunt
                                             votes and lower drug prices while hold-                 defined by the U.S. Congress. Here in                  of these tax increases as it is passed
                                             ing Big Pharma and PBMs accountable.                    the Senate, we debate that all the                     down to them in the form of lower
                                             We could actually enact meaningful ac-                                                                         wages, lower benefits, and higher prices
                                                                                                     time: Is it good to have a particular
                                             countability and transparency in the                                                                           for goods and services.
                                                                                                     tax incentive or another tax incentive,
                                             pharmaceutical industry. I have filed                                                                            The Joint Committee on Taxation, a
                                                                                                     that is not in the book tax? The book                  nonpartisan group, just last year said
                                             that amendment, too. We could pursue                    tax, instead, looks at a company’s fi-
                                             PBM transparency and accountability.                                                                           they expected 25 percent of these cor-
                                                                                                     nancial statement. And that is what                    porate taxes to fall on workers; again,
                                             I have filed that amendment, too.                       this new bill does.
                                               I have said throughout this Congress,                                                                        this means lower wages. The non-
                                                                                                       In fact, it comes up with a whole
                                             I will work with anyone who wants to                                                                           partisan Congressional Budget Office
                                                                                                     other definition of tax and, therefore,                says that employees and workers bear
                                             pass the bipartisan and negotiated Pre-                 another tax system called the adjusted
                                             scription Drug Pricing Reduction Act.                                                                          more like 70 percent of the burden of
                                                                                                     financial statement income. This is                    income taxes, so there is a long list of
                                               The PRESIDING OFFICER. The Sen-
                                                                                                     broader than the IRS income. It is not                 analyses in-between.
                                             ator from Ohio.
                                                                                                     fair. It is way too complicated, and it                  Let’s say between 25 percent and 70
                                                                   H.R. 5376
                                                                                                     is going to hurt employees and con-                    percent of these taxes are going to fall
                                               Mr. PORTMAN. Mr. President, I
                                                                                                     sumers.                                                on workers in the form of lower pay
                                             come to the floor this evening to talk                    Taxable income owed the IRS is
                                             about the partisan reconciliation legis-                                                                       and lower benefits at a time when
                                                                                                     meant to raise revenue, and, again, it                 wages are not keeping up with infla-
                                             lation that is before us tonight. It is
                                                                                                     includes these incentives or disincen-                 tion that is getting higher and higher.
                                             named the Inflation Reduction Act, but
                                                                                                     tives for certain activity like being                    And, by the way, it is not just wages
                                             that is misnamed because, unfortu-
                                                                                                     able to immediately deduct the cost of                 I am talking about; families will now
                                             nately, it does not reduce inflation; it
                                                                                                     new equipment, if you are a manufac-                   face even higher prices as the cost of
                                             actually makes things worse.
                                               When you are at the gas pump or at                    turer. We want to encourage that, par-                 corporate taxes get passed along to
                                             the grocery store or buying something                   ticularly in periods of high inflation, so             them. In a study last year performed
                                             anywhere today, you are feeling the                     we allow them to do that.                              by the business schools at the Univer-
                                             sticker shock. Yet this legislation is                    The financial statement income is                    sity of Chicago and Northwestern, they
                                             going to make it even worse. It adds                    not determined by us. It is not deter-                 found that 31 percent of corporate
                                             $700 billion more in spending and over                  mined by elected representatives at all.               taxes fall on consumers through higher
                                             $300 billion more in new taxes at the                   In fact, Congress does not have any-                   retail prices. Aren’t prices high
                                             worst possible time, increasing costs to                thing to do with it. It is actually deter-             enough?
                                             consumers and actually making infla-                    mined by something called the Finan-                     Dems have just added another new
                                             tion worse.                                             cial Accounting Standards Board,                       tax in the past 24 hours. Democrats
                                               The nonpartisan Penn Wharton                          which is a private nonprofit recognized                now say we are going to have this com-
                                             Budget Model that a lot of us have used                 by the U.S. Securities and Exchange                    plicated tax called an excise tax on
                                             over the years to look at various legis-                Commission as the accounting stand-                    stock buybacks. Again, this is instead
                                             lation predicts that it will actually in-               ard setting for private companies.                     of some of the tax they had in the
                                             crease inflation over the next 2 years.                   That may work fine for determining                   other new tax that they put forward
                                               While over time it says that may                      accounting standards, but this change                  called the book tax.
                                             even out, it won’t decrease inflation as                effectively puts these people in control                 Now, Democrats tonight will talk
                                             the name suggests and the bill sponsors                 of what the corporate tax base is, even                about how taxing buybacks is good be-
                                             claim. Why? Well, primarily because                     though they are not elected to any-                    cause it somehow hurts Wall Street fat
                                             when you put $300 billion-plus of new                   thing. That doesn’t make sense. Let’s                  cats. Here is the truth: It increases the
                                             taxes in the economy, it actually hurts                 not set up a whole new tax system for                  price of stocks to allow buybacks, and
                                             workers and it hurts consumers.                         some companies. Let’s learn from the                   by taking away that incentive by put-
                                               Yes, they are saying it is going to go                past.                                                  ting a tax on it, there will be less of it.
                                             to companies, but what happens then?                      Back in 1986, when we passed a big                   So the reality is this is a tax on work-




dlhill on DSK120RN23PROD with SENATE
                                             Companies pass it along. And at a time                  tax reform bill, they put a book tax in                ing families, including those trying to
                                             when we have the worst inflation in                     place, and it was repealed less than 3                 save for retirement when they are al-
                                             over 40 years, that is bad for the econ-                years later. Why? Because it was                       ready dealing with the struggling port-
                                             omy.                                                    viewed as unfair, way too complicated,                 folios due to the recent economic con-
                                               The nonpartisan Joint Committee on                    and, actually, they thought that you                   traction and the record inflation we
                                             Taxation that we have to rely on here                   shouldn’t have these nonelected offi-                  are experiencing.



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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                S4169
                                               Fifty-eight percent of Americans own                  people are dying of overdoses, and they                  My amendment would simply apply
                                             stock, and 60 million investors invest                  are dying from this synthetic opioid                   these identical requirements to these
                                             in an IRA or a 401(k). We want people                   called fentanyl. About two-thirds of                   new electric postal delivery vehicles.
                                             to save for retirement; it is a good                    those overdose deaths were due to                      Both involve taxpayer subsidies. What
                                             thing. We want them to have healthy                     fentanyl.                                              is good for the American driver should
                                             retirement. So when Democrats say                         At a time when deadly fentanyl is                    be good for the Postal Service.
                                             they worry about stock prices going                     flooding across the border, only 2 per-                  My hope is this misnamed ‘‘Inflation
                                             up, I have to ask: Are they worried                     cent of cars and only 16 percent of com-               Reduction Act’’ can be stopped before
                                             about people having a healthy retire-                   mercial vehicles are being screened.                   it makes things worse, but at least I
                                             ment account?                                           Now, these drugs come across the ports                 urge my colleagues on both sides of the
                                               Again, when companies buy back                        of entry where only 2 percent of cars                  aisle to look at these commonsense
                                             stock, it generally causes that stock to                and 16 percent of trucks are being                     amendments and accept some of these
                                             go up, which means it makes Ameri-                      screened.                                              amendments. Some, I have laid out,
                                             cans’ retirement accounts that much                       They also come between the ports of                  and some others, I have talked about
                                             larger. Why is that a problem? The Tax                  entry, but at a minimum, we should be                  tonight to improve a flawed bill.
                                             Foundation says retirement accounts                     able to do screening of these vehicles                   I yield the floor.
                                             own 37 percent of all corporate stock.                  and trucks. It is a gaping hole in our                   The PRESIDING OFFICER. The Sen-
                                             That is about $81⁄2 trillion in retire-                 border security, and it has got to be                  ator from Oregon.
                                             ment funds, $81⁄2 trillion of retirement                fixed.                                                   Mr. MERKLEY. Mr. President, we
                                             funds own corporate stock. Americans                      This amendment will simply assure                    have just heard a discussion of the
                                             lost about $2 trillion in their IRAs dur-               that the new funds in this bill for the                issue of tax reform, and my colleague
                                             ing the COVID crisis. Let’s not encour-                 Department of Homeland Security bu-                    across the aisle has said there should
                                             age them to lose anymore.                               reaucracy, for an office called Readi-                 be no corporate minimum tax on cor-
                                               Some will say, this is just 1 percent.                ness, $500 million will be assigned to a               porations, and yet Americans know
                                             Well, we know that once a tax is initi-                 higher priority, to have Customs and                   that billionaire companies one after
                                             ated, it tends to increase. This is the                 Border Protection be able to detect and                the other—some of the most profitable
                                             camel’s nose under the tent. The first                  stop deadly fentanyl that is being                     companies in our entire country, com-
                                             income tax in 1913, by the way, was 1                   smuggled into this country at record                   panies like Amazon—don’t pay a single
                                             percent and just on top earners. I think                levels.                                                cent in tax.
                                                                                                       So this money would stay at the De-
                                             a lot of middle-income earners right                                                                             They use our legal system. They use
                                                                                                     partment of Homeland Security. It will
                                             now would be happy to have a tax rate                                                                          our road system. They use our edu-
                                                                                                     instead be used for a more urgent pri-
                                             that low.                                                                                                      cation system. They use it all in vast
                                                                                                     ority. Let’s be serious about our na-
                                               This type of proposal will impact                                                                            quantities and don’t contribute a sin-
                                                                                                     tional security and this drug crisis we
                                             families and their retirement, and for                                                                         gle dime. One single ordinary worker
                                                                                                     face, and let’s give the Border Patrol
                                             that reason, we should not even go                                                                             does more to pay for all of the infra-
                                                                                                     what they need to counter the drug
                                             down this path. Democrats will also                                                                            structure these massive companies uti-
                                                                                                     cartels and the traffickers.
                                             tax employee stock ownership pro-                         Tonight, I also plan to offer an                     lize than the company does.
                                             grams, or ESOPS, in this package. I                     amendment to ensure the new postal                       It is about time corporations that
                                             think some of my colleagues might be                    electric vehicles are actually made in                 make massive profits pay something,
                                             surprised to hear that. ESOPS are                       the United States of America. In this                  and 15 percent isn’t even their fair
                                             plans to give employees ownership of                    bill, there is a $3 billion appropriation              share. And it is part of a global agree-
                                             their own companies, with tax incen-                    to the Postal Service. We just went                    ment to hold corporations accountable,
                                             tives for the dividends to go to their re-              through postal reform, as some of you                  so they don’t skip from one country to
                                             tirement savings. They are really pop-                  know, we provided them additional                      another, to another, to another, evad-
                                             ular.                                                   funding that they needed. This is an                   ing everyone everywhere.
                                               ESOPS work; they are great. They                      additional $3 billion appropriation to                   My colleague also said a lot about
                                             enjoy wide bipartisan support here in                   buy electric vehicles and charging in-                 why we should not put a 1 percent tax
                                             the Congress. Employees have this                       frastructure. However, there is no re-                 on stock buybacks. Let’s understand
                                             ownership stake, and because of that,                   quirement that these vehicles be made                  what stock buybacks are. First of all, a
                                             those companies tend to do better. Em-                  in America, with U.S. batteries and                    president of a company works to get a
                                             ployees are happier. They are more                      other components.                                      board, and that board is compensated,
                                             profitable. They are more productive.                     In other words, the bill uses taxpayer               and then that board makes lots of deci-
                                             The companies benefit from it. I don’t                  funds to buy electric vehicles that can                sions about, well, the welfare of the top
                                             understand why Democrats want to                        be made with Chinese batteries and                     executives. They set the salaries for
                                             punish this ownership structure. Doing                  Chinese critical minerals. We know                     the top executives, and then they give
                                             so will, once again, discourage invest-                 that this is counter to everything we                  them stock options.
                                             ment and hard work, and it could not                    are trying to do around here. We just                    Now, if you have a stock option and
                                             come at a worse time.                                   passed legislation to make us more                     then your company buys back stock,
                                               That is why I want to introduce an                    competitive with China. Again, we just                 every share gets more valuable; you
                                             amendment tonight that will exempt                      passed legislation to provide the Postal               make a massive amount of money. This
                                             ESOPS from the minimum book tax.                        Service with funds for new vehicles, in-               is a corrupt system. It does nothing to
                                             This is a commonsense amendment—                        cluding electric vehicles. The Post-                   further the investment of the company
                                             nothing complicated about it. It will                   master General just made a decision to                 and the productivity of America. It
                                             encourage savings and investment; it is                 go from 10 percent electric to 20 per-                 does nothing to increase the R&D—re-
                                             good for the country; and I encourage                   cent to 50 percent. That is already hap-               search and development—that goes
                                             my colleagues on both sides of the aisle                pening. But in that case, there are re-                into new products. It does nothing to
                                             who support ESOPS to support the                        quirements; in this case, there are not.               make their product more price com-
                                             amendment.                                                We know that Democrats believe                       petitive.
                                               I also plan to offer an amendment                     that when we are expanding electric                      It is ‘‘enrich the rich’’ scheme, and
                                             that will increase funding for Customs                  vehicles, that we ought to ensure that                 putting a 1 percent fee on that to help
                                             and Border Patrol by $500 million that                  these vehicles are being made in Amer-                 pay for all of the infrastructure the
                                             will be used for new technology to de-                  ica. How do we know that? Because in                   companies use is certainly more than




dlhill on DSK120RN23PROD with SENATE
                                             tect fentanyl and other dangerous                       another part of the bill, which is the                 appropriate. In fact, we should simply
                                             drugs that are, unfortunately, flooding                 expansion of the electric vehicle tax                  ban the stock buybacks. This is a very,
                                             across our southern border.                             credit, Democrats included new re-                     very modest reform in the right direc-
                                               Over 100,000 Americans died of drug                   quirements that the tax credit award                   tion.
                                             overdoses last year, the worst year on                  EVs made in the United States with                       It is the case that in this Chamber,
                                             record. Unfortunately, more and more                    American components.                                   under the Republican stock provisions,



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                                                         S4170               CORRECTION                    CONGRESSIONAL RECORD — SENATE                                                           August 6, 2022
                                                         1 year after another under their tax                    tonight, let’s pass this bill for the right             There appears to be a sufficient sec-
                                                         provisions, they have basically enabled                 steps in the right direction on tax re-               ond.
                                                         the billionaires and corporations to es-                form, on healthcare, and on climate.                    The clerk will call the roll.
                                                         cape any contribution to the welfare of                   The ACTING PRESIDENT pro tem-                         The legislative clerk called the roll.
                                                         our country. That is wrong. These tax                   pore. The Democratic whip.                              The yeas and nays resulted—yeas 1,
                                                         reforms are right, and the healthcare                                    ORDER OF PROCEDURE                   nays 99, as follows:
                                                         provisions will help.                                     Mr. DURBIN. Madam President, I ask                            [Rollcall Vote No. 288 Leg.]
                                                           They are not nearly as powerful as I                  unanimous consent that all remaining                                      YEAS—1
                                                         would like to see, certainly. I want to                 time on the bill be yielded back; that                                Sanders
                                                         negotiate every single drug, the way                    there be 2 minutes of debate, equally                                    NAYS—99
                                                         the Veterans’ Administration does, the                  divided, prior to each vote with respect
                                                                                                                                                                       Baldwin         Grassley         Paul
                                                         way every foreign country does, every                   to the reconciliation bill; and that fol-             Barrasso        Hagerty          Peters
                                                         developed country does. We should get                   lowing the disposition of Sanders                     Bennet          Hassan           Portman
                                                         the best prices, not the worst in the de-               amendment No. 5210, the following                     Blackburn       Hawley           Reed
                                                         veloped world.                                          amendments be the first Republican                    Blumenthal      Heinrich         Risch
                                                                                                                                                                       Blunt           Hickenlooper     Romney
                                                           And in climate, while this, again,                    amendments in order: No. 1, amend-                    Booker          Hirono           Rosen
                                                         doesn’t do everything I want, the in-                   ment No. 5301, Senator GRAHAM; No. 2,                 Boozman         Hoeven           Rounds
                                                         vestments in solar and wind will drive                  amendment No. 5409, Senator BAR-                      Braun           Hyde-Smith       Rubio
                                                         a bold, determined transition from fos-                                                                       Brown           Inhofe           Sasse
                                                                                                                 RASSO; No. 3, amendment No. 5382, Sen-                Burr            Johnson          Schatz
                                                         sil fuel energy to renewable energy.                    ator CAPITO; No. 4, amendment No.                     Cantwell        Kaine            Schumer
                                                           We have to electrify everything with                  5384, Senator LANKFORD; and No. 5,                    Capito          Kelly            Scott (FL)
                                                         renewable energy. If we do that, set                    amendment No. 5404, Senator CRAPO.                    Cardin          Kennedy          Scott (SC)
                                                                                                                                                                       Carper          King             Shaheen
                                                         that example for the world and work                       The ACTING PRESIDENT pro tem-                       Casey           Klobuchar        Shelby
                                                         with the world, we have some chance of                  pore. Is there objection?                             Cassidy         Lankford         Sinema
                                                         humanity tackling this massive prob-                      Without objection, it is so ordered.                Collins         Leahy            Smith
                                                         lem of climate chaos that is causing so                   There will now be 2 minutes of de-                  Coons           Lee              Stabenow
                                                                                                                                                                       Cornyn          Luján           Sullivan
                                                         much trouble across our land—from                       bate, equally divided.                                Cortez Masto    Lummis           Tester
                                                         the massive floods in Kentucky to the                     The junior Senator from Vermont.                    Cotton          Manchin          Thune
                                                         forest fires of the Pacific Northwest,                                   AMENDMENT NO. 5210                   Cramer          Markey           Tillis
                                                                                                                                                                       Crapo           Marshall         Toomey
                                                         town after town being burned down. It                     Mr. SANDERS. Madam President,                       Cruz            McConnell        Tuberville
                                                         is really America that has to lead the                  the American people are sick and tired                Daines          Menendez         Van Hollen
                                                         way.                                                    of being ripped off by the greed of the               Duckworth       Merkley          Warner
                                                           There is a lot more I would like to                   pharmaceutical industry, which makes                  Durbin          Moran            Warnock
                                                                                                                                                                       Ernst           Murkowski        Warren
                                                         see in this bill, just as my colleague                  tens of billions of dollars per year in               Feinstein       Murphy           Whitehouse
                                                         from Ohio has a whole series of ideas.                  profit, charging us by far the highest                Fischer         Murray           Wicker
                                                           I filed a lot of amendments, but I                    prices in the world for our medicine.                 Gillibrand      Ossoff           Wyden
                                                         can’t pull them up tonight. I can’t ask                   This bill as currently written allows               Graham          Padilla          Young
                                                         for a vote on them because under the                    Medicare to negotiate prices with the                   The PRESIDING OFFICER (Mr. MUR-
                                                         structure that we are dealing with now,                 drug companies but not until 4 years                  PHY). On this vote, the yeas are 1, the
                                                         anything that changes may result in                     from now and then for only 10 drugs—                  nays are 99.
                                                         this bill never passing, and so this is                 a tiny fraction of the total. That is a                 Three-fifths of the Senators duly cho-
                                                         why, when we come back in the next                      very weak proposal and not what the                   sen and sworn not having voted in the
                                                         session of Congress, we have to reform                  American people want. They want us                    affirmative, the motion is rejected.
                                                         this Senate so we can do legitimate                     to lower prescription drug costs now,                   The point of order is sustained, and
                                                         amendments like my colleague from                       not in 4 years, and they want all drugs               the amendment falls.
                                                         Ohio suggested in a process where they                  covered. The VA has been negotiating                    The Senator from South Carolina.
                                                         get due consideration and don’t tor-                    drug prices for 30 years and pays half—                 AMENDMENT NO. 5301 TO AMENDMENT NO. 5194
                                                         pedo the bill under which we are dis-                   half—as much as Medicare pays.                          Mr. GRAHAM. Mr. President, I call
                                                         cussing them.                                             My amendment is simple. It says                     up my amendment No. 5301 and ask
                                                           Those reforms are so essential be-                    that Medicare should not pay any more                 that it be reported by number.
                                                         cause the arc of this Chamber has been                  than the VA for prescription drugs. If                  The PRESIDING OFFICER. The
                                                         one in which individual amendments                      we do that, we will cut the cost of                   clerk will report the amendment by
                                                         have been incredibly suppressed. It is                  Medicare prescription drugs in half and               number.
                                                         unacceptable. We are all so frustrated                  save $900 billion.                                      The legislative clerk read as follows:
                                                         with the fact that deals are made by                      Please support this amendment.                        The Senator from South Carolina [Mr.
                                                         basically four individuals leading the                    The ACTING PRESIDENT pro tem-                       GRAHAM] proposes an amendment numbered
                                                         two Chambers off this floor rather than                 pore. The senior Senator from South                   5301 to amendment No. 5194.
                                                         determined and responsible debate—                      Carolina.                                               The amendment is as follows:
                                                         public, transparent debate—on the                                          POINT OF ORDER                     (Purpose: To strike a tax increase that would
                                                         floor of this Chamber.                                    Mr. GRAHAM. Well, Madam Presi-                        result in higher consumer prices for gaso-
                                                           So the right answer is to come back                   dent, we are off to the races, so I am                  line, heating oil, and other energy sources
                                                         and make this place work so that all                    going to make this easy.                                for Americans earning less than $400,000
                                                         ideas—as my colleague from Ohio list-                     I raise a point of order that the pend-               per year)
                                                         ed his, I have my list. I want to add in                ing    amendment        violates   section              Strike part 6 of subtitle D of title I and in-
                                                         affordable housing. I want to stop all                  313(b)(1)(C) of the Congressional Budget              sert the following:
                                                         the drilling. I want to fund the commu-                 Act of 1974.                                          PART 6—LIMITATION ON DEDUCTION FOR
                                                         nity colleges. I want preschool to be                     The ACTING PRESIDENT pro tem-                                 STATE AND LOCAL TAXES
                                                         counted. I want to fix so that we can                   pore.    The     junior    Senator   from             SEC. 13601. EXTENSION OF LIMITATION ON DE-




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                                                                                                                 Vermont.                                                          DUCTION FOR STATE AND LOCAL,
                                                         take the electric vehicle tax credits                                                                                     ETC., TAXES.
                                                         and do even better with them. I want                                VOTE ON MOTION TO WAIVE
                                                                                                                                                                         (a) IN GENERAL.—Section 164(b)(6) is
                                                         to include the two-wheel and the three-                   Mr. SANDERS. Madam President,                       amended by striking ‘‘2026’’ and inserting
                                                         wheel vehicles. I want to put in the                    pursuant to section 904 of the Congres-               ‘‘2027’’.
                                                         summer benefit for food that has been                   sional Budget Act of 1974, I move to                     (b) EFFECTIVE DATE.—The amendment
                                                         so effective in helping so many chil-                   waive section 313 of that act for pur-                made by this section shall apply to taxable
                                                         dren make it through the summer. But                    poses of this amendment, and I ask for                years beginning after December 31, 2022.
                                                         I can’t do these things.                                the yeas and nays.                                     The PRESIDING OFFICER. There
                                                           Let’s fix this Senate. Let’s have the                   The ACTING PRESIDENT pro tem-                       will be 2 minutes, equally divided.
                                                         types of debates we should have, and                    pore. Is there a sufficient second?                    The Senator from South Carolina.



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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                           S4171
                                               Mr. GRAHAM. Mr. President, to the                                           NAYS—50                              Wrong point of order. Let me try
                                             Members of the body, if you think                       Baldwin            Hickenlooper          Reed            again.
                                             America needs a new gas tax, then                       Bennet             Hirono                Rosen             Mr. President, I raise a point of order
                                                                                                     Blumenthal         Kaine                 Sanders         that the pending amendment violates
                                             your ship has come in. Vote for the                     Booker             Kelly                 Schatz
                                             Democratic bill because, believe it or                  Brown              King                  Schumer
                                                                                                                                                              section 4106 of the concurrent resolu-
                                             not, these people over there want to                    Cantwell           Klobuchar             Shaheen         tion on the budget for fiscal year 2018,
                                             raise gas taxes right now.                              Cardin             Leahy                 Sinema          H. Con. Res. 71 of the 115th Congress,
                                                                                                     Carper             Luján
                                               The last time they tried to help you                  Casey              Manchin
                                                                                                                                              Smith           the Senate pay-as-you-go point of
                                                                                                                                              Stabenow        order.
                                             was the American rescue act. And here                   Coons              Markey
                                                                                                                                              Tester
                                             is what the Vice President said: Help                   Cortez Masto       Menendez                                The PRESIDING OFFICER. The Sen-
                                                                                                     Duckworth                                Van Hollen
                                                                                                                        Merkley                               ator from New Hampshire.
                                             has arrived for the families who have                   Durbin             Murphy                Warner
                                             struggled to put food on their table, for                                                        Warnock                           MOTION TO WAIVE
                                                                                                     Feinstein          Murray
                                             the small businesses that have strug-                   Gillibrand         Ossoff                Warren            Ms. HASSAN. Mr. President, pursu-
                                                                                                     Hassan             Padilla               Whitehouse      ant to section 904 of the Congressional
                                             gled to keep their doors open. Help has                 Heinrich           Peters                Wyden
                                             arrived.                                                                                                         Budget Act of 1974 and the waiver pro-
                                               She said that in March. Inflation was                   The amendment (No. 5301) was re-                       visions of applicable budget resolu-
                                             2.6 percent. Help has arrived. It is 9.1                jected.                                                  tions, I move to waive all applicable
                                             percent.                                                  The PRESIDING OFFICER. The Sen-                        sections of that Act and applicable
                                               This bill will increase gas taxes 16.4                ator from New Hampshire.                                 budget resolutions for purposes of the
                                             cents on every barrel of imported oil                        AMENDMENT NO. 5469 TO AMENDMENT NO. 5194            pending amendment, and I ask for the
                                             and petroleum, and every barrel of                        Ms. HASSAN. Mr. President, I call up                   yeas and nays.
                                                                                                     amendment No. 5469, and I ask that it                      The PRESIDING OFFICER. Is there a
                                             crude oil found in America, to be re-
                                                                                                     be reported by number.                                   sufficient second?
                                             fined in America, will have an addi-                                                                               There appears to be a sufficient sec-
                                             tional 16.4 cents-per-barrel-tax in-                      The PRESIDING OFFICER. The
                                                                                                     clerk will report.                                       ond.
                                             crease.                                                                                                            The clerk will call the roll.
                                                                                                       The senior assistant legislative clerk
                                               This is insane. This is stupid. If you                                                                           The legislative clerk called the roll.
                                                                                                     read as follows:
                                             like high gas prices, vote for them. If                                                                            The result was announced—yeas 55,
                                                                                                       The Senator from New Hampshire [Ms.
                                             you want to lower prices at the pump,                                                                            nays 45, as follows:
                                                                                                     HASSAN] proposes an amendment numbered
                                             vote for my amendment.                                  5469 to amendment No. 5194.                                        [Rollcall Vote No. 290 Leg.]
                                               The PRESIDING OFFICER. The Sen-                                                                                                   YEAS—55
                                                                                                          The amendment is as follows:
                                             ator from Oregon.                                                                                                Barrasso           Grassley         Risch
                                                                                                     (Purpose: To eliminate the reinstatement of
                                               Mr. WYDEN. Mr. President, this                                     Superfund taxes)
                                                                                                                                                              Blackburn          Hagerty          Romney
                                             amendment would strike a four-tenths-                                                                            Blunt              Hassan           Rounds
                                                                                                      Strike part 6 of subtitle D of title I.                 Boozman            Hawley           Rubio
                                             of-a-cent-per-gallon fee on Big Oil re-                                                                          Braun              Hoeven
                                             finers that helps pay for the cleanup of                  The PRESIDING OFFICER. The are 2                                                           Sasse
                                                                                                                                                              Burr               Hyde-Smith       Scott (FL)
                                             toxic waste spills, especially important                minutes equally divided.                                 Capito             Inhofe           Scott (SC)
                                             to our low-income, historically dis-                      The Senator is recognized.                             Cassidy            Johnson          Shelby
                                             advantaged communities.                                   Ms. HASSAN. Mr. President, this is a                   Collins            Kelly
                                                                                                                                                                                                  Sinema
                                                                                                                                                              Cornyn             Kennedy
                                                                                                     commonsense, straightforward amend-                                                          Sullivan
                                               One expert analysis found that our                                                                             Cortez Masto       Lankford
                                                                                                     ment to strike the surcharge on barrels                  Cotton             Lee
                                                                                                                                                                                                  Thune
                                             bill is going to decrease the average                                                                                                                Tillis
                                                                                                     of oil, and I urge my colleagues to vote                 Cramer             Lummis
                                             household’s energy costs by $500 per                                                                             Crapo              Marshall         Toomey
                                                                                                     yes.
                                             year. So, for many consumers, the                                                                                Cruz               McConnell        Tuberville
                                                                                                       The PRESIDING OFFICER. The Sen-                                                            Warnock
                                             Superfund fee would be less than $10 a                                                                           Daines             Moran
                                                                                                     ator from South Carolina.                                Ernst              Murkowski        Wicker
                                             year, a fraction of the savings from our
                                                                                                       Mr. GRAHAM. Thank you very much.                       Fischer            Paul             Young
                                             bill.                                                     This gives phony and cynical a bad                     Graham             Portman
                                               I urge my colleagues to oppose the                    name. They wouldn’t let you do this in                                        NAYS—45
                                             amendment.                                              professional wrestling. If you think                     Baldwin            Hickenlooper     Peters
                                                         VOTE ON AMENDMENT NO. 5301                  people are this dumb, you are going to                   Bennet             Hirono           Reed
                                               The PRESIDING OFFICER. The                            be sadly mistaken.                                       Blumenthal         Kaine            Rosen
                                                                                                                                                              Booker             King             Sanders
                                             question is on agreeing to the amend-                     What she is doing is trying to strike                  Brown              Klobuchar        Schatz
                                             ment.                                                   the provisions that she just voted                       Cantwell           Leahy            Schumer
                                               Mr. GRAHAM. I ask for the yeas and                    against, but it requires 60 votes. So she                Cardin             Luján           Shaheen
                                                                                                                                                              Carper             Manchin          Smith
                                             nays.                                                   can vote for repealing a gas tax she                     Casey              Markey           Stabenow
                                               The PRESIDING OFFICER. Is there a                     just voted against so she will look good                 Coons              Menendez         Tester
                                             sufficient second?                                      for the voters.                                          Duckworth          Merkley          Van Hollen
                                               There is a sufficient second.                           If you really wanted to repeal the gas                 Durbin             Murphy           Warner
                                                                                                                                                              Feinstein          Murray           Warren
                                               The clerk will call the roll.                         tax, the new one indexed for inflation,                  Gillibrand         Ossoff           Whitehouse
                                               The senior assistant legislative clerk                you should have voted for my amend-                      Heinrich           Padilla          Wyden
                                             called the roll.                                        ment. What you are doing is deceitful,                     The PRESIDING OFFICER. On this
                                               The result was announced—yeas 50,                     dishonest, and we are going to call you                  vote, the yeas are 55, the nays are 45.
                                             nays 50, as follows:                                    out.                                                       Three-fifths of the Senators duly cho-
                                                         [Rollcall Vote No. 289 Leg.]                  The PRESIDING OFFICER. Senators                        sen and sworn not having voted in the
                                                                                                     are reminded to address each other                       affirmative, the motion is not agreed
                                                                  YEAS—50
                                                                                                     through the Chair and in the third per-                  to.
                                             Barrasso          Graham             Portman
                                             Blackburn         Grassley           Risch
                                                                                                     son.                                                       The point of order is sustained, and
                                             Blunt             Hagerty            Romney               Ms. HASSAN. Mr. President, I will                      the amendment falls.
                                             Boozman           Hawley             Rounds             note the inaccuracy of what was said                       I would remind the Chamber that
                                             Braun             Hoeven             Rubio              on the floor about the substance of
                                             Burr              Hyde-Smith
                                                                                                                                                              this is the beginning of a long night.
                                                                                  Sasse              this.
                                             Capito            Inhofe             Scott (FL)
                                                                                                                                                              Senators are reminded to address all
                                             Cassidy           Johnson                                 The PRESIDING OFFICER. The Sen-                        remarks through the Chair in the third
                                                                                  Scott (SC)
                                             Collins           Kennedy
                                                                                  Shelby             ator from Vermont.                                       person and to be mindful of rule XIX.




dlhill on DSK120RN23PROD with SENATE
                                             Cornyn            Lankford
                                             Cotton            Lee
                                                                                  Sullivan                              POINT OF ORDER                          Rule XIX provides that no Senator in
                                             Cramer                               Thune                Mr. SANDERS. Mr. President, pursu-                     debate shall, directly or indirectly, by
                                                               Lummis
                                                                                  Tillis
                                             Crapo             Marshall
                                                                                  Toomey
                                                                                                     ant to section 904 of the Congressional                  any form or words impute to any Sen-
                                             Cruz              McConnell                             Budget Act of 1974, I move to waive                      ator or to other Senators any conduct
                                             Daines            Moran              Tuberville
                                             Ernst             Murkowski          Wicker             section 313 for purpose of this amend-                   or motive unworthy or unbecoming of
                                             Fischer           Paul               Young              ment—                                                    a Senator.



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                                             S4172                                             CONGRESSIONAL RECORD — SENATE                                                             August 6, 2022
                                               The Senator from Wyoming.                             balance of this agreement, putting                          (3) by adding at the end the following new
                                               AMENDMENT NO. 5409 TO AMENDMENT NO. 5194              really the entire reconciliation vehicle                  subparagraph:
                                               Mr. BARRASSO. I call up amend-                        at risk.                                                    ‘‘(II) dental and oral health services (as de-
                                                                                                       Therefore, I would urge my col-                         fined in subsection (lll));’’.
                                             ment No. 5409 and ask that it be re-
                                                                                                                                                                 (b) DENTAL AND ORAL HEALTH SERVICES DE-
                                             ported by number.                                       leagues to vote no on the amendment.
                                                                                                                                                               FINED.—Section 1861 of the Social Security
                                               The PRESIDING OFFICER. The                                        VOTE ON AMENDMENT NO. 5409                    Act (42 U.S.C. 1395x) is amended by adding at
                                             clerk will report the amendment by                        The PRESIDING OFFICER. The                              the end the following new subsection:
                                             number.                                                 question is on agreeing to the amend-                       ‘‘(lll) DENTAL AND ORAL HEALTH SERV-
                                               The senior assistant legislative clerk                ment.                                                     ICES.—
                                             read as follows:                                          Is there a sufficient second?                             ‘‘(1) IN GENERAL.—Except as provided in
                                               The Senator from Wyoming [Mr. BAR-                      There is a sufficient second.                           paragraph (2), the term ‘dental and oral
                                             RASSO]   proposes an amendment numbered                   The clerk will call the roll.                           health services’ means the following items
                                             5409 to amendment No. 5194.                               The senior assistant legislative clerk                  and services that are furnished by a doctor of
                                               The amendment is as follows:                          called the roll.                                          dental surgery or of dental medicine (as de-
                                                                                                       The result was announced—yeas 50,                       scribed in subsection (r)(2)) or an oral health
                                             (Purpose: To require certain additional on-
                                                                                                                                                               professional (as defined in paragraph (3)) on
                                               shore oil and gas lease sales in certain              nays 50, as follows:                                      or after January 1, 2025:
                                               states)                                                           [Rollcall Vote No. 291 Leg.]                    ‘‘(A) PREVENTIVE AND SCREENING SERV-
                                               At the end of part 6 of subtitle B of title V,                             YEAS—50                              ICES.—Preventive and screening services, in-
                                             add the following:                                                                                                cluding oral exams, dental cleanings, dental
                                                                                                     Barrasso           Graham                Portman
                                             SEC. 5026l. MANDATORY ADDITIONAL ONSHORE                Blackburn          Grassley              Risch            x-rays, and fluoride treatments.
                                                         OIL AND GAS LEASE SALES IN CER-             Blunt              Hagerty               Romney             ‘‘(B) BASIC PROCEDURES.—Basic procedures,
                                                         TAIN STATES.                                Boozman            Hawley                Rounds           including services such as minor restorative
                                               (a) REQUIREMENT.—Subject to subsections               Braun              Hoeven                Rubio            services, periodontal maintenance, peri-
                                             (b) and (c), not later than December 31, 2022,          Burr               Hyde-Smith            Sasse
                                                                                                     Capito             Inhofe
                                                                                                                                                               odontal scaling and root planing, simple
                                             the Secretary of the Interior (acting through                                                    Scott (FL)
                                                                                                     Cassidy            Johnson                                tooth extractions, therapeutic pulpotomy,
                                             the Director of the Bureau of Land Manage-                                                       Scott (SC)
                                                                                                     Collins            Kennedy                                and other related items and services.
                                             ment) shall conduct an oil and gas lease sale                                                    Shelby
                                                                                                     Cornyn             Lankford                                 ‘‘(C) DENTURES.—Dentures and implants in-
                                             under the Mineral Leasing Act (30 U.S.C. 181            Cotton             Lee
                                                                                                                                              Sullivan
                                                                                                                                              Thune
                                                                                                                                                               cluding related items and services.
                                             et seq.) in each of the States in which the             Cramer             Lummis
                                                                                                                                              Tillis             ‘‘(2) EXCLUSIONS.—Such term does not in-
                                             Bureau of Land Management conducted lease               Crapo              Marshall
                                                                                                                                              Toomey           clude items and services for which, as of the
                                             sales in June 2022.                                     Cruz               McConnell
                                               (b) PARCELS.—The oil and gas lease sales              Daines             Moran                 Tuberville       date of the enactment of this subsection,
                                             required under subsection (a) shall include,            Ernst              Murkowski             Wicker           coverage was permissible under section
                                             at a minimum, all parcels—                              Fischer            Paul                  Young            1862(a)(12) and cosmetic services not other-
                                               (1) that were evaluated under the National                                                                      wise covered under section 1862(a)(10).
                                                                                                                           NAYS—50
                                             Environmental Policy Act of 1969 (42 U.S.C.                                                                         ‘‘(3) ORAL HEALTH PROFESSIONAL.—The
                                                                                                     Baldwin            Hickenlooper          Reed             term ‘oral health professional’ means, with
                                             4321 et seq.) process for the June 2022 sales;          Bennet             Hirono                Rosen
                                             but                                                                                                               respect to dental and oral health services, a
                                                                                                     Blumenthal         Kaine                 Sanders
                                               (2) that were deferred by the applicable Bu-          Booker             Kelly
                                                                                                                                                               health professional (other than a doctor of
                                                                                                                                              Schatz
                                             reau of Land Management State Director.                 Brown              King                                   dental surgery or of dental medicine (as de-
                                                                                                                                              Schumer
                                               (c) ADDITIONAL LEASE SALES.—The oil and               Cantwell           Klobuchar             Shaheen
                                                                                                                                                               scribed in subsection (r)(2))) who is licensed
                                             gas lease sales required under subsection (a)           Cardin             Leahy                 Sinema           to furnish such services, acting within the
                                             shall be conducted in addition to the quar-             Carper             Luján                Smith            scope of such license, by the State in which
                                                                                                     Casey              Manchin                                such services are furnished.’’.
                                             terly oil and gas lease sales required under            Coons              Markey
                                                                                                                                              Stabenow
                                             section 17(b)(1)(A) of the Mineral Leasing                                                       Tester             (c) PAYMENT; COINSURANCE; AND LIMITA-
                                                                                                     Cortez Masto       Menendez
                                             Act (30 U.S.C. 226(b)(1)(A)).                                                                    Van Hollen       TIONS.—
                                                                                                     Duckworth          Merkley
                                                                                                     Durbin             Murphy                Warner             (1) IN GENERAL.—Section 1833(a)(1) of the
                                               Mr. BARRASSO. I rise in support of                                                             Warnock
                                                                                                     Feinstein          Murray                                 Social Security Act (42 U.S.C. 1395l(a)(1)), as
                                             the amendment to require the Sec-                       Gillibrand         Ossoff                Warren           amended by section 11101, is amended—
                                             retary of the Interior to conduct sup-                  Hassan             Padilla               Whitehouse         (A) in subparagraph (N), by inserting ‘‘and
                                             plemental onshore oil and gas lease                     Heinrich           Peters                Wyden
                                                                                                                                                               dental and oral health services (as defined in
                                             sales by the end of 2022.                                 The amendment (No. 5409) was re-                        section       1861(lll))’’     after    ‘‘section
                                               The Biden administration went 18                      jected.                                                   1861(hhh)(1))’’;
                                             months without holding quarterly                          The PRESIDING OFFICER. The Sen-                           (B) by striking ‘‘and’’ before ‘‘(EE)’’; and
                                             lease sales as required by the Mineral                                                                              (C) by inserting before the semicolon at
                                                                                                     ator from Vermont.
                                             Leasing Act.                                                                                                      the end the following: ‘‘and (FF) with respect
                                                                                                            AMENDMENT NO. 5211, AS MODIFIED, TO
                                               That failure to hold lease sales has                                                                            to dental and oral health services (as defined
                                                                                                                  AMENDMENT NO. 5194
                                                                                                                                                               in section 1861(lll)), the amount paid shall be
                                             contributed to high gasoline and nat-                     Mr. SANDERS. Mr. President, I call                      the payment amount specified under section
                                             ural gas prices, record inflation, and                  up amendment No. 5211, as modified,                       1834(z)’’.
                                             has increased our dependence on for-                    and I ask that it be reported by num-                       (2) PAYMENT AND LIMITS SPECIFIED.—Sec-
                                             eign adversaries.                                       ber.                                                      tion 1834 of the Social Security Act (42
                                               When the Secretary finally was                          The PRESIDING OFFICER. The                              U.S.C. 1395m) is amended by adding at the
                                             forced to hold sales in June, she re-                   clerk will report.                                        end the following new subsection:
                                             duced the available acreage by 80 per-                    The senior assistant legislative clerk                    ‘‘(z) PAYMENT AND LIMITS FOR DENTAL AND
                                             cent.                                                                                                             ORAL HEALTH SERVICES.—
                                                                                                     read as follows:
                                               This amendment would require the                                                                                  ‘‘(1) PAYMENT.—The payment amount
                                                                                                       The Senator from Vermont [Mr. SANDERS]                  under this part for dental and oral health
                                             Secretary to hold supplemental lease                    proposes an amendment numbered 5211, as                   services (as defined in section 1861(lll)) shall
                                             sales this year, offering the previously                modified, to amendment No. 5194.                          be, subject to paragraphs (3) and (4), 80 per-
                                             deferred acreage, which has gone                             The amendment is as follows:                         cent of the lesser of—
                                             through multiple rounds already of en-                    At the end of subtitle B of title I, add the              ‘‘(A) the actual charge for the service; or
                                             vironmental review.                                     following                                                   ‘‘(B)(i) in the case of such services fur-
                                               Instead of pleading with dictators in                 PART 6—MEDICARE COVERAGE OF DEN-                          nished by a doctor of dental surgery or of
                                             other countries to increase oil and gas                   TAL AND ORAL HEALTH CARE, HEAR-                         dental medicine (as described in section
                                             production, we should expand Amer-                        ING CARE, AND VISION CARE                               1861(r)(2)), the amount determined under the
                                             ican production. My amendment will                      Subpart A—Mediare Coverage                                fee schedule established under paragraph (2);
                                             do just that for people who care about                  SEC. 11502. COVERAGE OF DENTAL AND ORAL                   or
                                                                                                                 HEALTH CARE.                                    ‘‘(ii) in the case of such services furnished
                                             the pain at the pump.




dlhill on DSK120RN23PROD with SENATE
                                                                                                       (a) COVERAGE.—Section 1861(s)(2) of the So-             by an oral health professional (as defined in
                                               I would ask other Senators to join in                 cial Security Act (42 U.S.C. 1395x(s)(2)) is              section 1861(lll)(3)), 85 percent of the amount
                                             support.                                                amended—                                                  determined under the fee schedule estab-
                                               The PRESIDING OFFICER. The Sen-                          (1) in subparagraph (GG), by striking                  lished under paragraph (2).
                                             ator from New Mexico.                                   ‘‘and’’ after the semicolon at the end;                     ‘‘(2) ESTABLISHMENT OF FEE SCHEDULE FOR
                                               Mr. HEINRICH. This amendment dis-                        (2) in subparagraph (HH), by striking the              DENTAL AND ORAL HEALTH SERVICES.—
                                             rupts the carefully negotiated delicate                 period at the end and adding ‘‘; and’’; and                 ‘‘(A) ESTABLISHMENT.—




                                       VerDate Sep 11 2014   07:33 Aug 08, 2022   Jkt 029060   PO 00000    Frm 00122   Fmt 4637   Sfmt 0634     E:\CR\FM\G06AU6.081   S06AUPT1
                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                      S4173
                                               ‘‘(i) IN GENERAL.—The Secretary shall es-             tional median fee for the service for the year         ment on an assignment-related basis for den-
                                             tablish a fee schedule for dental and oral              determined under clause (ii) or (iii) and the          tal and oral health services furnished with
                                             health services furnished in 2025 and subse-            rate determined for such dentures under the            respect to an individual enrolled under this
                                             quent years. The fee schedule amount for a              Federal Supply Schedule of the General                 part in the same manner as such provisions
                                             dental or oral health service shall be equal 70         Services Administration, as published by               apply with respect to a physician’s service.
                                             percent of the national median fee (as deter-           such Administration in 2021, updated to the               ‘‘(6) ESTABLISHMENT OF DENTAL ADMINIS-
                                             mined under subparagraph (B)) for the serv-             year involved using the applicable percent             TRATOR.—The Secretary shall designate one
                                             ice or a similar service for the year (or, in           increase for the year determined under                 or more (not to exceed 4) medicare adminis-
                                             the case of dentures, at the bundled payment            clause (ii)(II), as reduced by the productivity        trative contractors under section 1874A to
                                             amount under clause (iv) of such subpara-               adjustment under clause (ii)(III), and shall           establish coverage policies and establish
                                             graph), adjusted by the geographic adjust-              ensure that the payment component for den-             such policies and process claims for payment
                                             ment factor established under section                   tures under such bundled payment does not              for dental and oral health services, as deter-
                                             1848(e)(2) for the area for the year.                   exceed the maximum rate determined for                 mined appropriate by the Secretary.’’.
                                               ‘‘(ii) CONSULTATION.—In carrying out this             such dentures under the Federal Supply                    (d) INCLUSION OF ORAL HEALTH PROFES-
                                             paragraph, the Secretary shall consult annu-            Schedule, as so published and updated to the           SIONALS AS CERTAIN PRACTITIONERS.—Section
                                             ally with organizations representing dentists           year involved.                                         1842(b)(18)(C) of the Social Security Act (42
                                             and other providers who furnish dental and                ‘‘(C) ANNUAL UPDATE AND ADJUSTMENTS.—                U.S.C. 1395u(b)(18)(C)) is amended by adding
                                             oral health services and shall share with                 ‘‘(i) ANNUAL UPDATE.—The Secretary shall             at the end the following new clause:
                                             such providers the data and data analysis               update payment amounts determined under                   ‘‘(vii) With respect to 2026 and each subse-
                                             used to determine fee schedule amounts                  the fee schedule from year to year beginning           quent year, an oral health professional (as
                                             under this paragraph.                                   in 2026 by increasing such amounts from the            defined in section 1861(lll)(3)).’’.
                                               ‘‘(B) DETERMINATION OF NATIONAL MEDIAN                prior year by the percentage increase in the              (e) EXCLUSION MODIFICATIONS.—Section
                                             FEE.—                                                   consumer price index for all urban con-                1862(a) of the Social Security Act (42 U.S.C.
                                               ‘‘(i) IN GENERAL.—For purposes of subpara-            sumers (United States city average) for the            1395y(a)) is amended—
                                             graph (A), the Secretary shall apply the na-            12-month period ending with June of the pre-              (1) in paragraph (1)—
                                             tional median fee for a dental or oral health           ceding year, reduced by the productivity ad-              (A) in subparagraph (O), by striking ‘‘and’’
                                             service for 2025 and subsequent years in ac-            justment         described       in     section        at the end;
                                             cordance with this subparagraph.                        1886(b)(3)(B)(xi)(II).                                    (B) in subparagraph (P), by striking the
                                               ‘‘(ii) USE OF 2020 DENTAL FEE SURVEY.—                  ‘‘(ii) ADJUSTMENTS.—                                 semicolon at the end and inserting ‘‘, and’’;
                                               ‘‘(I) IN GENERAL.—Except as provided in                 ‘‘(I) IN GENERAL.—The Secretary shall, to            and
                                             clause (iii) or clause (iv), the national me-           the extent the Secretary determines to be                 (C) by adding at the end the following new
                                             dian fee for a dental or oral health service            necessary and subject to subclause (II), ad-           subparagraph:
                                             shall be equal to—                                      just the amounts determined under the fee                 ‘‘(Q) in the case of dental and oral health
                                               ‘‘(aa) for 2025, the median fee for the serv-         schedule established under this paragraph              services (as defined in section 1861(lll)) for
                                             ice in the table titled ‘General Practi-                for 2026 and subsequent years to take into ac-         which a limitation is applicable under sec-
                                             tioners–National’ of the ‘2020 Survey of Den-           count changes in dental practice, coding               tion 1834(z)(3), which are furnished more fre-
                                             tal Fees’ published by the American Dental              changes, new data on work, practice, or mal-           quently than is provided under such sec-
                                             Association, increased by the applicable per-           practice expenses, or the addition of new pro-         tion.’’; and
                                             cent increase for the year determined under             cedures.                                                  (2) in paragraph (12), by inserting before
                                             subclause (II), as reduced by the productivity            ‘‘(II) LIMITATION ON ANNUAL ADJUST-                  the semicolon at the end the following: ‘‘and
                                             adjustment under subclause (III); and                   MENTS.—The adjustments under subclause (I)             except that payment shall be made under
                                               ‘‘(bb) for 2026 and subsequent years, the             for a year shall not cause the amount of ex-           part B for dental and oral health services
                                             amount determined under this subclause for              penditures under this part for the year to             that are covered under section 1861(s)(2)(II)’’.
                                             the preceding year, updated pursuant to sub-            differ by more than $20,000,000 from the                  (f) INCLUSION AS EXCEPTED MEDICAL TREAT-
                                             paragraph (C)(i).                                       amount of expenditures under this part that            MENT.—Section 1821(b)(5)(A)(iii) of the Social
                                               ‘‘(II) APPLICABLE PERCENT INCREASE.—The               would have been made if such adjustments               Security Act (42 U.S.C. 1395i–5(b)(5)(A)), as
                                             applicable percent increase determined                  had not been made.                                     added by section 11501(d), is amended—
                                             under this subclause for a year is an amount              ‘‘(3) LIMITATIONS.—With respect to dental               (1) by striking ‘‘or hearing aids’’ and in-
                                             equal to the percentage increase between—               and oral health services that are preventive           serting ‘‘hearing aids’’; and
                                               ‘‘(aa) the consumer price index for all               and screening services described in para-                 (2) by inserting ‘‘, or dental and oral health
                                             urban consumers (United States city aver-               graph (1)(A) of section 1861(lll)—                     services (as defined in subsection (lll) of such
                                             age) ending with June of the previous year;               ‘‘(A) payment shall be made under this               section)’’ after ‘‘subsection (s)(8) of such sec-
                                             and                                                     part for—                                              tion’’.
                                               ‘‘(bb) the consumer price index for all                 ‘‘(i) not more than 2 oral exams in a year;             (g) RURAL HEALTH CLINICS AND FEDERALLY
                                             urban consumers (United States city aver-                 ‘‘(ii) not more than 2 dental cleanings in a         QUALIFIED HEALTH CENTERS.—
                                             age) ending with June of 2020.                          year;                                                     (1) COVERAGE OF DENTAL AND ORAL HEALTH
                                               ‘‘(III) PRODUCTIVITY ADJUSTMENT.—After                  ‘‘(iii) not more than 1 fluoride treatment in        SERVICES.—Section 1861(aa) of the Social Se-
                                             determining the applicable percentage in-               a year; and                                            curity Act (42 U.S.C. 1395x(aa)), is amended—
                                             crease under subclause (II) for a year, the               ‘‘(iv) not more than 1 full-mouth series of             (A) in paragraph (1)—
                                             Secretary shall reduce such percentage in-              x-rays as part of a preventive and screening              (i) in subparagraph (B), by striking ‘‘and’’
                                             crease by the productivity adjustment de-               oral exam every 3 years; and                           at the end;
                                             scribed in section 1886(b)(3)(B)(xi)(II).                 ‘‘(B) in the case of preventive and screen-             (ii) in subparagraph (C), by inserting ‘‘and’’
                                               ‘‘(iii) DETERMINATION IF INSUFFICIENT SUR-            ing services not described in subparagraph             after the comma at the end; and
                                             VEY DATA.—If the Secretary determines there             (A), payment shall be made under this part                (iii) by inserting after subparagraph (C) the
                                             is insufficient data under the Survey de-               only at such frequencies determined appro-             following new subparagraph:
                                             scribed in clause (ii) with respect to a dental         priate by the Secretary.                                  ‘‘(D) dental and oral health services (as de-
                                             or oral health service, the national median               ‘‘(4) INCENTIVES FOR RURAL PROVIDERS.—In             fined in subsection (lll)) furnished by a doc-
                                             fee for the service for a year shall be equal to        the case of dental and oral health services            tor of dental surgery or of dental medicine
                                             an amount established for the service using             furnished by a doctor of dental surgery or of          (as described in subsection (r)(2)) or an oral
                                             one or more of the following methods, as de-            dental medicine (as described in section               health professional (as defined in subsection
                                             termined appropriate by the Secretary:                  1861(r)(2)) or an oral health professional (as         (lll)(3)) who is employed by or working under
                                               ‘‘(I) The payment basis determined under              defined in section 1861(lll)(3)) who predomi-          contract with a rural health clinic if such
                                             section 1848.                                           nantly furnishes such services under this              rural health clinic furnishes such services,’’;
                                               ‘‘(II) Fee schedules for dental and oral              part in an area that is designated by the Sec-         and
                                             health services which shall include, as prac-           retary (under section 332(a)(1)(A) of the Pub-            (B) in paragraph (3)(A), by striking ‘‘(C)’’
                                             ticable, fee schedules—                                 lic Health Service Act) as a health profes-            and inserting ‘‘(D)’’.
                                               ‘‘(aa) under Medicare Advantage plans                 sional shortage area, in addition to the                  (2) TEMPORARY PAYMENT RATES FOR CER-
                                             under part C;                                           amount of payment that would otherwise be              TAIN SERVICES UNDER THE RHC AIR AND FQHC
                                               ‘‘(bb) under State plans (or waivers of such          made for such services under this subsection,          PPS.—
                                             plans) under title XIX; and                             there also shall be paid an amount equal to               (A) AIR.—Section 1833 of the Social Secu-
                                               ‘‘(cc) established by other health care pay-          10 percent of the payment amount for the               rity Act (42 U.S.C. 1395l) is amended—




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                                             ers.                                                    service under this subsection for such doctor             (i) in subsection (a)(3)(A), by inserting
                                               ‘‘(iv) SPECIAL RULE FOR DENTURES.—The                 or professional.                                       ‘‘(which shall, in the case of dental and oral
                                             Secretary shall make payment for dentures                 ‘‘(5) LIMITATION ON BENEFICIARY LIABIL-              health services (as defined in section
                                             and associated professional services as a bun-          ITY.—The provisions of section 1848(g) shall           1861(lll)), in lieu of any limits on reasonable
                                             dled payment as determined by the Sec-                  apply to a nonparticipating doctor of dental           costs otherwise applicable, be based on the
                                             retary. In establishing such bundled pay-               surgery or of dental medicine (as described            rates payable for such services under the
                                             ment, the Secretary shall consider the na-              in subsection (r)(2)) who does not accept pay-         payment basis determined under section 1848




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                                             S4174                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2022
                                             until such time as the Secretary determines             qualified hearing aid professional (as defined         profound hearing loss’’ before the semicolon
                                             sufficient data has been collected to other-            in paragraph (4)(C)) as the professional is le-        at the end.
                                             wise apply such limits (or January 1, 2030, if          gally authorized to perform under State law              (2) PAYMENT LIMITATIONS FOR HEARING
                                             no such determination has been made as of               (or the State regulatory mechanism provided            AIDS.—Section 1834(h) of the Social Security
                                             such date))’’ after ‘‘may prescribe in regula-          by State law), as would otherwise be covered           Act (42 U.S.C. 1395m(h)) is amended by add-
                                             tions’’; and                                            if furnished by a physician.’’; and                    ing at the end the following new paragraphs:
                                               (ii) by adding at the end the following new              (iii) by adding at the end the following new          ‘‘(6) PAYMENT ONLY ON AN ASSIGNMENT-RE-
                                             subsection:                                             subparagraph:                                          LATED BASIS.—Payment for hearing aids for
                                               ‘‘(ee) DISREGARD OF COSTS ATTRIBUTABLE                   ‘‘(B) Beginning January 1, 2024, audiology          which payment may be made under this part
                                             TO CERTAIN SERVICES FROM CALCULATION OF                 services described in subparagraph (A)(i)              may be made only on an assignment-related
                                             RHC AIR.—Payments for rural health clinic               shall be furnished without a requirement for           basis. The provisions of subparagraphs (A)
                                             services other than dental and oral health              an order from a physician or practitioner.’’;          and (B) of section 1842(b)(18) shall apply to
                                             services (as defined in section 1861(lll)) under        and                                                    hearing aids in the same manner as they
                                             the methodology for all-inclusive rates (es-               (B) in paragraph (4), by adding at the end
                                                                                                                                                            apply to services furnished by a practitioner
                                             tablished by the Secretary) under subsection            the following new subparagraph:
                                                                                                                                                            described in subparagraph (C) of such sec-
                                             (a)(3) shall not take into account the costs of            ‘‘(C) The term ‘qualified hearing aid profes-
                                                                                                                                                            tion.
                                             such services while rates for such services             sional’ means an individual who—
                                                                                                                                                              ‘‘(7) LIMITATIONS FOR HEARING AIDS.—
                                             are based on rates payable for such services               ‘‘(i) is licensed or registered as a hearing
                                                                                                     aid dispenser, hearing aid specialist, hearing           ‘‘(A) IN GENERAL.—Payment may be made
                                             under the payment basis established under
                                                                                                     instrument dispenser, or related professional          under this part with respect to an individual,
                                             section 1848.’’.
                                                                                                     by the State in which the individual fur-              with respect to hearing aids furnished by a
                                               (B) PPS.—Section 1834(o) of the Social Se-
                                                                                                     nishes such services; and                              qualified hearing aid supplier (as defined in
                                             curity Act (42 U.S.C. 1395m(o)) is amended by
                                                                                                        ‘‘(ii) is accredited by the National Board          subparagraph (B)) on or after January 1,
                                             adding at the end the following new para-
                                                                                                     for Certification in Hearing Instrument                2024—
                                             graph:
                                                                                                     Sciences or meets such other requirements                ‘‘(i) not more than once per ear during a 5-
                                               ‘‘(5) TEMPORARY PAYMENT RATES BASED ON
                                                                                                     as the Secretary determines appropriate (in-           year period;
                                             PFS FOR CERTAIN SERVICES.—The Secretary
                                                                                                     cluding requirements relating to educational             ‘‘(ii) only for types of such hearing aids
                                             shall, in establishing payment rates for den-
                                                                                                     certifications or accreditations) taking into          that are determined appropriate by the Sec-
                                             tal and oral health services (as defined in
                                                                                                     account any additional relevant require-               retary; and
                                             section 1861(lll) that are Federally qualified
                                                                                                     ments for hearing aid specialists, hearing aid           ‘‘(iii) only if furnished pursuant to a writ-
                                             health center services under the prospective
                                                                                                     dispensers, and hearing instrument dis-                ten order of a physician, qualified audiol-
                                             payment system established under this sub-
                                                                                                     pensers established by Medicare Advantage              ogist (as defined in section 1861(ll)(4)), quali-
                                             section, in lieu of the rates otherwise appli-
                                                                                                     organizations under part C, State plans (or            fied hearing aid professional (as so defined),
                                             cable under such system, base such rates on
                                                                                                     waivers of such plans) under title XIX, and            physician assistant, nurse practitioner, or
                                             rates payable for such services under the
                                                                                                     group health plans and health insurance                clinical nurse specialist.
                                             payment basis established under section 1848
                                                                                                     issuers (as such terms are defined in section            ‘‘(B) DEFINITIONS.—In this subsection:
                                             until such time as the Secretary determines
                                                                                                     2791 of the Public Health Service Act).’’.               ‘‘(i) HEARING AID.—The term ‘hearing aid’
                                             sufficient data has been collected to other-
                                                                                                        (2) PAYMENT FOR QUALIFIED HEARING AID               means the item and related services includ-
                                             wise establish rates for such services under
                                                                                                     PROFESSIONALS.—Section 1833(a)(1) of the So-           ing selection, fitting, adjustment, and pa-
                                             such system (or January 1, 2030, if no such
                                                                                                     cial Security Act (42 U.S.C. 1395l(a)(1)), as          tient education and training.
                                             determination has been made as of such
                                                                                                     amended by section 11101(b) and 11501, is fur-           ‘‘(ii) QUALIFIED HEARING AID SUPPLIER.—
                                             date). Payments for Federally qualified
                                                                                                     ther amended—                                          The term ‘qualified hearing aid supplier’
                                             health center services other than such dental
                                                                                                        (A) by striking ‘‘and’’ before ‘‘(FF)’’; and        means—
                                             and oral health services under such system
                                                                                                        (B) by inserting before the semicolon at              ‘‘(I) a qualified audiologist;
                                             shall not take into account the costs of such
                                                                                                     the end the following: ‘‘and (GG) with re-               ‘‘(II) a physician (as defined in section
                                             services while rates for such services are
                                                                                                     spect to hearing aid examination services (as          1861(r)(1));
                                             based on rates payable for such services
                                                                                                     described in paragraph (3)(A)(ii) of section             ‘‘(III) a physician assistant, nurse practi-
                                             under the payment basis established under
                                                                                                     1861(ll)) furnished by a qualified hearing aid         tioner, or clinical nurse specialist;
                                             section 1848.’’.
                                               (h)    IMPLEMENTATION.—In      addition     to        professional (as defined in paragraph (4)(C) of          ‘‘(IV) a qualified hearing aid professional
                                             amounts otherwise available, there is appro-            such section), the amounts paid shall be               (as defined in 1861(ll)(4)(C)); and
                                             priated to the Secretary of Health and                  equal to 80 percent of the lesser of the actual          ‘‘(V) other suppliers as determined by the
                                             Human Services for fiscal year 2022, out of             charge for such services or 85 percent of the          Secretary.’’.
                                             any money in the Treasury not otherwise ap-             amount for such services determined under                (3) APPLICATION OF COMPETITIVE ACQUISI-
                                             propriated, $900,000,000, to remain available           the payment basis determined under section             TION.—
                                             until expended, for purposes of implementing            1848’’.                                                  (A) IN GENERAL.—Section 1834(h)(1)(H) of
                                             the amendments made by this section during                 (3) INCLUSION OF QUALIFIED AUDIOLOGISTS             the     Social    Security    Act   (42    U.S.C.
                                             the period beginning on January 1, 2022, and            AND QUALIFIED HEARING AID PROFESSIONALS AS             1395m(h)(1)(H)) is amended—
                                             ending on September 30, 2031.                           CERTAIN PRACTITIONERS TO RECEIVE PAYMENT                 (i) in the header, by inserting ‘‘AND HEAR-
                                             SEC. 11503. PROVIDING COVERAGE FOR HEARING              ON AN ASSIGNMENT-RELATED BASIS.—                       ING AIDS’’ after ‘‘ORTHOTICS’’;
                                                          CARE UNDER THE MEDICARE PRO-                 (A)   QUALIFIED   AUDIOLOGISTS.—Section                (ii) by inserting ‘‘or of hearing aids de-
                                                          GRAM.                                      1842(b)(18)(C) of the Social Security Act (42          scribed in paragraph (2)(D) of such section,’’
                                               (a) PROVISION OF AUDIOLOGY SERVICES BY                U.S.C. 1395u(b)(18)(C)), as amended by section         after ‘‘2011,’’; and
                                             QUALIFIED AUDIOLOGISTS AND HEARING AID                  11502, is amended by adding at the end the               (iii) in clause (i), by inserting ‘‘or such
                                             EXAMINATION SERVICES BY QUALIFIED HEAR-                 following new clause:                                  hearing aids’’ after ‘‘such orthotics’’.
                                             ING AID PROFESSIONALS.—                                    ‘‘(viii) Beginning on January 1, 2024, a              (B) CONFORMING AMENDMENTS.—
                                               (1) IN GENERAL.—Section 1861(ll) of the So-           qualified audiologist (as defined in section             (i) IN GENERAL.—Section 1847(a)(2) of the
                                             cial Security Act (42 U.S.C. 1395x(ll)) is              1861(ll)(4)(B)).’’.                                    Social Security Act (42 U.S.C. 1395w–3(a)(2))
                                             amended—                                                   (B) QUALIFIED HEARING AID PROFES-                   is amended by adding at the end the fol-
                                                (A) in paragraph (3)—                                SIONALS.—Section 1842(b)(18) of the Social             lowing new subparagraph:
                                                (i) by inserting ‘‘(A)’’ after ‘‘(3)’’;              Security Act (42 U.S.C. 1395u(b)(18)) is                 ‘‘(D) HEARING AIDS.—Hearing aids described
                                                (ii) in subparagraph (A), as added by clause         amended—                                               in section 1861(s)(8) for which payment would
                                             (i) of this subparagraph—                                  (i) in each of subparagraphs (A) and (B), by        otherwise be made under section 1834(h).’’.
                                                (I) by striking ‘‘means such hearing and             ‘‘striking subparagraph (C)’’ and inserting              (ii) EXEMPTION OF CERTAIN ITEMS FROM COM-
                                             balance assessment services’’ and inserting             ‘‘subparagraph (C) or, beginning on January            PETITIVE ACQUISITION.—Section 1847(a)(7) of
                                             ‘‘means—                                                1, 2024, subparagraph (E)’’; and                       the Social Security Act (42 U.S.C. 1395w–
                                                ‘‘(i) such hearing and balance assessment               (ii) by adding at the end the following new         3(a)(7)) is amended by adding at the end the
                                             services and, beginning January 1, 2024, such           subparagraph:                                          following new subparagraph:
                                             hearing aid examination services and treat-                ‘‘(E) A practitioner described in this sub-           ‘‘(C) CERTAIN HEARING AIDS.—Those items
                                             ment services (including aural rehabilita-              paragraph is a qualified hearing aid profes-           and services described in paragraph (2)(D) if
                                             tion, vestibular rehabilitation, and cerumen            sional (as defined in section 1861(ll)(4)(C)).’’.      furnished by a physician or other practi-
                                             management)’’;                                             (b) COVERAGE OF HEARING AIDS.—                      tioner (as defined by the Secretary) to the




dlhill on DSK120RN23PROD with SENATE
                                                (II) in clause (i), as added by subclause (I)           (1) INCLUSION OF HEARING AIDS AS PROS-              physician’s or practitioner’s own patients as
                                             of this clause, by striking the period at the           THETIC DEVICES.—Section 1861(s)(8) of the So-          part of the physician’s or practitioner’s pro-
                                             end and inserting ‘‘; and’’; and                        cial Security Act (42 U.S.C. 1395x(s)(8)) is           fessional service.’’.
                                                (III) by adding at the end the following new         amended by inserting ‘‘, and including hear-             (iii) IMPLEMENTATION.—Section 1847(a) of
                                             clause:                                                 ing aids (as described in section 1834(h)(7))          the Social Security Act (42 U.S.C. 1395w–3(a))
                                                ‘‘(ii) beginning January 1, 2024, such hear-         furnished on or after January 1, 2024, to indi-        is amended by adding at the end the fol-
                                             ing aid examination services furnished by a             viduals with moderately severe, severe, or             lowing new paragraph:




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                       S4175
                                               ‘‘(8) COMPETITION WITH RESPECT TO HEARING             and the amendments made by, this section               on or after January 1, 2023, subject to sub-
                                             AIDS.—Not later than January 1, 2029, the               for 2023, 2024, and 2025 by program instruc-           paragraph (B), payment shall be made under
                                             Secretary shall begin the competition with              tion or other forms of program guidance.               this part only during a 2-year period, for one
                                             respect to the items and services described in            (g) FUNDING.—In addition to amounts oth-             pair of eyeglasses (including lenses and the
                                             paragraph (2)(D).’’.                                    erwise available, there is appropriated to the         frame).
                                                (4) PHYSICIAN SELF-REFERRAL LAW.—Sec-                Secretary of Health and Human Services for                ‘‘(B) EXCEPTION.—With respect to a 2-year
                                             tion 1877(b) of the Social Security Act (42             fiscal year 2022, out of any money in the              period described in subparagraph (A), in the
                                             U.S.C. 1395nn(b)) is amended by adding at the           Treasury      not  otherwise    appropriated,          case of an individual who receives cataract
                                             end the following new paragraph:                        $370,000,000, to remain available until ex-            surgery with insertion of an intraocular lens,
                                                ‘‘(6) HEARING AIDS AND SERVICES.—In the              pended, for purposes of implementing the               payment shall be made under this part for
                                             case of hearing aid examination services and            amendments made by this section during the             one pair of conventional eyeglasses furnished
                                             hearing aids—                                           period beginning on January 1, 2023, and end-          subsequent to such cataract surgery during
                                                ‘‘(A) furnished on or after January 1, 2024,         ing on September 30, 2032.                             such period.
                                             and before January 1, 2026; and                         SEC. 11504. PROVIDING COVERAGE FOR VISION                 ‘‘(C) NO COVERAGE OF CERTAIN ITEMS.—Pay-
                                                ‘‘(B) furnished on or after January 1, 2026,                     CARE UNDER THE MEDICARE PRO-               ment shall not be made under this part for
                                             if the financial relationship specified in sub-                     GRAM.                                      deluxe eyeglasses or conventional reading
                                             section (a)(2) meets such requirements the                (a) COVERAGE.—Section 1861(s)(2) of the So-          glasses.’’.
                                             Secretary imposes by regulation to protect              cial Security Act (42 U.S.C. 1395x(s)(2)), as             (2) APPLICATION OF COMPETITIVE ACQUISI-
                                             against program or patient abuse.’’.                    amended by section 11502(a), is amended—               TION.—
                                                (c)     EXCLUSION      MODIFICATION.—Section            (1) in subparagraph (HH), by striking                  (A) IN GENERAL.—Section 1834(h)(1)(H) of
                                             1862(a)(7) of the Social Security Act (42               ‘‘and’’ after the semicolon at the end;                the      Social   Security     Act    (42   U.S.C.
                                             U.S.C. 1395y(a)(7)) is amended by inserting                (2) in subparagraph (II), by striking the pe-       1395m(h)(1)(H)), as amended by section
                                             ‘‘(except such hearing aids or examinations             riod at the end and adding ‘‘; and’’; and              11503(b), is amended—
                                             therefor as described in and otherwise al-                 (3) by adding at the end the following new             (i) in the header, by striking ‘‘AND HEARING
                                             lowed under section 1861(s)(8))’’ after ‘‘hear-         subparagraph:                                          AIDS’’ and inserting ‘‘HEARING AIDS, AND EYE-
                                             ing aids or examinations therefor’’.                       ‘‘(JJ) vision services (as defined in sub-          GLASSES’’
                                                (d) INCLUSION AS EXCEPTED MEDICAL                    section (mmm));’’.                                        (ii) by striking ‘‘or of hearing aids’’ and in-
                                             TREATMENT.—Section 1821(b)(5)(A) of the So-                (b) VISION SERVICES DEFINED.—Section 1861           serting ‘‘of hearing aids’’;
                                             cial Security Act (42 U.S.C. 1395i–5(b)(5)(A))          of the Social Security Act (42 U.S.C. 1395x),             (iii) by inserting ‘‘or of eyeglasses de-
                                             is amended—                                             as amended by section 11502(b), is amended             scribed in paragraph (2)(E) of such section,’’
                                                (1) in clause (i), by striking ‘‘or’’;               by adding at the end the following new sub-            after ‘‘paragraph (2)(D) of such section,’’; and
                                                (2) in clause (ii), by striking the period and       section:                                                  (iv) in clause (i), by striking ‘‘or such hear-
                                             inserting ‘‘, or’’; and                                    ‘‘(mmm) VISION SERVICES.—The term ‘vi-              ing aids’’ and inserting ‘‘, such hearing aids,
                                                (3) by adding at the end the following new           sion services’ means routine eye examina-              or such eyeglasses’’.
                                             clause:                                                 tions to determine the refractive state of the            (B)     CONFORMING       AMENDMENT.—Section
                                                ‘‘(iii) consisting of audiology services de-         eyes, including procedures performed during            1847(a)(2) of the Social Security Act (42
                                             scribed in subsection (ll)(3) of section 1861, or       the course of such examination, furnished on           U.S.C. 1395w–3(a)(2)), as amended by section
                                             hearing aids described in subsection (s)(8) of          or after January 1, 2023, by or under the di-          11503(b), is amended by adding at the end the
                                             such section, that are payable under part B             rect supervision of an ophthalmologist or op-          following new subparagraph:
                                             as a result of the amendments made by the               tometrist who is legally authorized to fur-               ‘‘(E) EYEGLASSES.—Eyeglasses described in
                                             Act titled ‘An Act to provide for reconcili-            nish such examinations or procedures (as ap-           section 1861(s)(8) for which payment would
                                             ation pursuant to title II of S. Con. Res.              plicable) under State law (or the State regu-          otherwise be made under section 1834(h).’’.
                                             14’.’’.                                                 latory mechanism provided by State law) of
                                                (e) RURAL HEALTH CLINICS AND FEDERALLY                                                                         (C) IMPLEMENTATION.—Section 1847(a) of
                                                                                                     the State in which the examinations or pro-            the Social Security Act (42 U.S.C. 1395w–
                                             QUALIFIED HEALTH CENTERS.—                              cedures are furnished.’’.
                                                (1) CLARIFYING COVERAGE OF AUDIOLOGY                                                                        3(a)), as amended by section 11503(b), is
                                                                                                        (c) PAYMENT LIMITATIONS.—Section 1834 of
                                             SERVICES AS PHYSICIANS’ SERVICES.—Section
                                                                                                                                                            amended by adding at the end the following
                                                                                                     the Social Security Act (42 U.S.C. 1395m), as
                                             1861(aa)(1)(A) of the Social Security Act (42                                                                  new paragraph:
                                                                                                     amended by section 11502(c), is amended by
                                             U.S.C. 1395x(aa)(1)(A)) is amended by insert-                                                                     ‘‘(9) COMPETITION WITH RESPECT TO EYE-
                                                                                                     adding at the end the following new sub-
                                                                                                                                                            GLASSES.—Not later than January 1, 2028, the
                                             ing ‘‘(including audiology services (as de-             section:
                                             fined in subsection (ll)(3)))’’ after ‘‘physi-                                                                 Secretary shall begin the competition with
                                                                                                        ‘‘(aa) LIMITATION FOR VISION SERVICES.—
                                             cians’ services’’.                                                                                             respect to the items and services described in
                                                                                                     With respect to vision services (as defined in
                                                (2) INCLUSION OF QUALIFIED AUDIOLOGISTS                                                                     paragraph (2)(E).’’.
                                                                                                     section 1861(mmm)) and an individual, pay-
                                             AND QUALIFIED HEARING AID PROFESSIONALS AS              ment shall be made under this part for only               (g) EXCLUSION MODIFICATIONS.—Section
                                             RHC   AND   FQHC   PRACTITIONERS.—Section               1 routine eye examination described in such            1862(a) of the Social Security Act (42 U.S.C.
                                             1861(aa)(1)(B) of the Social Security Act (42           subsection during a 2-year period.’’.                  1395y(a)), as amended by section 11502(e), is
                                             U.S.C. 1395x(aa)(1)(B)) is amended by insert-              (d) PAYMENT UNDER PHYSICIAN FEE SCHED-              amended—
                                             ing ‘‘or by a qualified audiologist or a quali-         ULE.—Section 1848(j)(3) of the Social Secu-               (1) in paragraph (1)—
                                             fied hearing aid professional (as such terms            rity Act (42 U.S.C. 1395w–4(j)(3)) is amended             (A) in subparagraph (P), by striking ‘‘and’’
                                             are defined in subsection (ll)),’’ after ‘‘(as de-      by inserting ‘‘(2)(JJ),’’ before ‘‘(3)’’.              at the end;
                                             fined in subsection (hh)(1)),’’.                           (e) COVERAGE OF CONVENTIONAL EYE-                      (B) in subparagraph (Q), by striking the
                                               (3) TEMPORARY PAYMENT RATES FOR CER-                  GLASSES.—Section 1861(s)(8) of the Social Se-          semicolon at the end and inserting ‘‘, and’’;
                                             TAIN SERVICES UNDER THE RHC AIR AND FQHC                curity Act (42 U.S.C. 1395x(s)(8)), as amended         and
                                             PPS.—                                                   by section 11503(b), is amended by striking ‘‘,           (C) by adding at the end the following new
                                                (A) AIR.—Section 1833 of the Social Secu-            and including one pair of conventional eye-            subparagraph:
                                             rity Act (42 U.S.C. 1395l), as amended by sec-          glasses or contact lenses furnished subse-                ‘‘(R) in the case of vision services (as de-
                                             tion 11502(g), is amended—                              quent to each cataract surgery with inser-             fined in section 1861(mmm)) that are routine
                                                (i) in subsection (a)(3)(A), by inserting            tion of an intraocular lens’’ and inserting ‘‘,        eye examinations as described in such sec-
                                             ‘‘and audiology services (as defined in sec-            including one pair of conventional eyeglasses          tion, which are furnished more frequently
                                             tion 1861(ll)(3))’’ after ‘‘(as defined in section      or contact lenses furnished subsequent to              than once during a 2-year period;’’; and
                                             1861(lll)’’; and                                        each cataract surgery with insertion of an                (2) in paragraph (7)—
                                                (ii) in subsection (e), by inserting ‘‘and           intraocular lens, if furnished before January             (A) by inserting ‘‘(other than such an ex-
                                             audiology services (as defined in section               1, 2023, and including (as described in section        amination that is a vision service that is
                                             1861(ll)(3))’’ after ‘‘(as defined in section           1834(h)(8)) conventional eyeglasses, whether           covered under section 1861(s)(2)(JJ))’’ after
                                             1861(lll)’’.                                            or not furnished subsequent to such a sur-             ‘‘eye examinations’’; and
                                                (B) PPS.—Section 1834(o)(5) of the Social            gery, if furnished on or after January 1,                 (B) by inserting ‘‘(other than such a proce-
                                             Security Act (42 U.S.C. 1395m(o)), as added             2023’’.                                                dure that is a vision service that is covered
                                             by section 11501(e), is amended—                           (f) SPECIAL PAYMENT RULES FOR EYE-                  under section 1861(s)(2)(JJ))’’ after ‘‘refrac-
                                                (i) in the first sentence, by inserting ‘‘ and       GLASSES.—                                              tive state of the eyes’’.
                                             audiology services (as defined in section                  (1) LIMITATIONS.—Section 1834(h) of the So-            (h) INCLUSION AS EXCEPTED MEDICAL
                                             1861(ll)(3))’’ after ‘‘(as defined in section           cial Security Act (42 U.S.C. 1395m(h)), as             TREATMENT.—Section 1821(b)(5)(A)(iii) of the




dlhill on DSK120RN23PROD with SENATE
                                             1861(lll))’’; and                                       amended by section 11503(b), is amended by             Social Security Act (42 U.S.C. 1395i–
                                                (ii) in the second sentence, by inserting            adding at the end the following new para-              5(b)(5)(A)), as added by section 11501(d) and
                                             ‘‘and such audiology services’’ after ‘‘such            graph:                                                 amended by section 11503(f), is amended—
                                             dental and oral health services’’.                         ‘‘(8) PAYMENT LIMITATIONS FOR EYE-                     (1) by striking ‘‘or dental’’ and inserting
                                                (f) IMPLEMENTATION FOR 2023 THROUGH                  GLASSES.—                                              ‘‘dental’’; and
                                             2025.—The Secretary of Health and Human                    ‘‘(A) IN GENERAL.—With respect to conven-              (2) by inserting ‘‘, or vision services (as de-
                                             Services shall implement the provisions of,             tional eyeglasses furnished to an individual           fined in subsection (mmm) of such section)’’




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                                             S4176                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2022
                                             after ‘‘(as defined in subsection (lll) of such           ‘‘(i) IN GENERAL.—The alternative monthly            come’ means net investment income deter-
                                             section)’’.                                             actuarial rate described in this subparagraph          mined—
                                                (i) RURAL HEALTH CLINICS AND FEDERALLY               is—                                                      ‘‘(A) without regard to the phrase ‘other
                                             QUALIFIED HEALTH CENTERS.—                                ‘‘(I) for 2025, the monthly actuarial rate for       than such income which is derived in the or-
                                                (1) CLARIFYING COVERAGE OF VISION SERV-              enrollees age 65 and over for the year, deter-         dinary course of a trade or business not de-
                                             ICES     AS  PHYSICIANS’   SERVICES.—Section            mined as if the amendments made by section             scribed in paragraph (2),’ in subsection
                                             1861(aa)(1)(A) of the Social Security Act (42           11502 of the Act titled ‘An Act to provide for         (c)(1)(A)(i),
                                             U.S.C. 1395x(aa)(1)(A)), as amended by sec-             reconciliation pursuant to title II of S. Con.           ‘‘(B) without regard to the phrase ‘de-
                                             tion 11501(e), is amended by inserting ‘‘and            Res. 14’ did not apply; and                            scribed in paragraph (2)’ in subsection
                                             vision services (as defined in subsection                 ‘‘(II) for 2026, 2027, and 2028, the monthly         (c)(1)(A)(ii),
                                             (mmm))’’ after ‘‘(as defined in subsection              actuarial rate for enrollees age 65 and over             ‘‘(C) without regard to the phrase ‘other
                                             (ll)(3))’’.                                             for the year, determined as if the amend-              than property held in a trade or business not
                                                (2) TEMPORARY PAYMENT RATES FOR CER-                 ments made by such section 11502 did not               described in paragraph (2)’ in subsection
                                             TAIN SERVICES UNDER THE RHC AIR AND FQHC                apply, plus the applicable percent of the              (c)(1)(A)(iii),
                                             PPS.—                                                   amount by which—                                         ‘‘(D) without regard to paragraphs (2), (3),
                                                (A) AIR.—Section 1833 of the Social Secu-              ‘‘(aa) the monthly actuarial rate for enroll-        and (4) of subsection (c), and
                                             rity Act (42 U.S.C. 1395l), as amended by sec-          ees age 65 and over for the year determined              ‘‘(E) by treating paragraphs (5) and (6) of
                                             tions 11502(g) and 11503(e), is amended—                according to paragraph (1); exceeds                    section 469(c) (determined without regard to
                                                (i) in subsection (a)(3)(A)—                           ‘‘(bb) the monthly actuarial rate for enroll-        the phrase ‘To the extent provided in regula-
                                                (I) by striking ‘‘or audiology’’ and insert-         ees age 65 and over for the year, determined           tions,’ in such paragraph (6)) as applying for
                                             ing ‘‘, audiology’’; and                                as if the amendments made by such section              purposes of subsection (c) of this section.’’.
                                                (II) by inserting ‘‘, or vision services (as de-     11502 did not apply.                                     (b) APPLICATION TO TRUSTS AND ESTATES.—
                                             fined in section 1861(mmm))’’ after ‘‘(as de-             ‘‘(ii) DEFINITION OF APPLICABLE PERCENT.—            Section 1411(a)(2)(A) of the Internal Revenue
                                             fined in section 1861(ll)(3))’’; and                    For purposes of this subparagraph, the term            Code of 1986 is amended by striking ‘‘undis-
                                                (ii) in subsection (e)—                              ‘applicable percent’ means—                            tributed net investment income’’ and insert-
                                                                                                       ‘‘(I) for 2026, 25 percent;                          ing ‘‘the greater of undistributed specified
                                                (I) by striking ‘‘or audiology’’ and insert-
                                                                                                       ‘‘(II) for 2027, 50 percent; and                     net income or undistributed net investment
                                             ing ‘‘, audiology’’; and
                                                                                                                                                            income’’.
                                                (II) by inserting ‘‘, and vision services (as          ‘‘(III) for 2028, 75 percent.
                                                                                                                                                              (c) CLARIFICATIONS WITH RESPECT TO DE-
                                             defined in section 1861(mmm))’’ after ‘‘(as de-           ‘‘(C) APPLICATION TO PART B PREMIUM AND              TERMINATION OF NET INVESTMENT INCOME.—
                                             fined in section 1861(ll)(3))’’.                        OTHER PROVISIONS OF THIS PART.—For each of
                                                                                                                                                              (1) CERTAIN EXCEPTIONS.—Section 1411(c)(6)
                                                (B) PPS.—Section 1834(o)(5) of the Social            2025 through 2028, the Secretary shall use the         of the Internal Revenue Code of 1986 is
                                             Security Act (42 U.S.C. 1395m(o)), as added             alternative monthly actuarial rate for en-             amended to read as follows:
                                             by section 11502(g) and amended by section              rollees age 65 and over for the year deter-              ‘‘(6) SPECIAL RULES.—Net investment in-
                                             11503(e), is amended—                                   mined under subparagraph (A), in lieu of the           come shall not include—
                                                (i) in the first sentence—                           monthly actuarial rate for such enrollees for            ‘‘(A) any item taken into account in deter-
                                                (I) by striking ‘‘and audiology’’ and insert-        the year determined according to paragraph             mining self-employment income for such
                                             ing ‘‘, audiology’’; and                                (1), when determining the monthly premium              taxable year on which a tax is imposed by
                                                (II) by inserting ‘‘, and vision services (as        rate for the year under paragraph (3) and              section 1401(b),
                                             defined in section 1861(mmm))’’ after ‘‘(as de-         subsection (j), the part B deductible under              ‘‘(B) wages received with respect to em-
                                             fined in section 1861(ll)(3))’’; and                    section 1833(b), and the premium subsidy and           ployment on which a tax is imposed under
                                                (ii) in the second sentence, by striking             monthly adjustment amount under sub-                   section 3101(b) or 3201(a) (including amounts
                                             ‘‘and such audiology services’’ and inserting           section (i).’’.                                        taken into account under section 3121(v)(2)),
                                             ‘‘, such audiology services, and such vision                        Subpart B—Tax Provisions                   and
                                             services’’.                                                                                                      ‘‘(C) wages received from the performance
                                                                                                     SEC. 11511. APPLICATION OF NET INVESTMENT
                                                (j) EXPEDITING IMPLEMENTATION.—The Sec-                          INCOME TAX TO TRADE OR BUSI-               of services earned outside the United States
                                             retary shall implement this section for the                         NESS INCOME OF CERTAIN HIGH IN-            for a foreign employer.’’.
                                             period beginning on January 1, 2023, and end-                       COME INDIVIDUALS.                            (2) NET OPERATING LOSSES NOT TAKEN INTO
                                             ing on December 31, 2024, through program                 (a) IN GENERAL.—Section 1411 of the Inter-           ACCOUNT.—Section 1411(c)(1)(B) of such Code
                                             instruction or other forms of program guid-             nal Revenue Code of 1986 is amended by add-            is amended by inserting ‘‘(other than section
                                             ance.                                                   ing at the end the following new subsection:           172)’’ after ‘‘this subtitle’’.
                                                (k) FUNDING.—In addition to amounts oth-               ‘‘(f) APPLICATION TO CERTAIN HIGH INCOME               (3) INCLUSION OF CERTAIN FOREIGN INCOME.—
                                             erwise available, there is appropriated to the          INDIVIDUALS.—                                            (A) IN GENERAL.—Section 1411(c)(1)(A) of
                                             Secretary of Health and Human Services for                ‘‘(1) IN GENERAL.—In the case of any indi-           such Code is amended by striking ‘‘and’’ at
                                             fiscal year 2022, out of any money in the               vidual whose modified adjusted gross income            the end of clause (ii), by striking ‘‘over’’ at
                                             Treasury       not     otherwise     appropriated,      for the taxable year exceeds the high income           the end of clause (iii) and inserting ‘‘and’’,
                                             $500,000,000, to remain available until ex-             threshold amount, subsection (a)(1) shall be           and by adding at the end the following new
                                             pended, for purposes of implementing the                applied by substituting ‘the greater of speci-         clause:
                                             amendments made by this section during the              fied net income or net investment income’                ‘‘(iv) any amount includible in gross in-
                                             period beginning on January 1, 2023, and end-           for ‘net investment income’ in subparagraph            come under section 951, 951A, 1293, or 1296,
                                             ing on September 30, 2031.                              (A) thereof.                                           over’’.
                                             SEC. 11505. PHASE-IN OF IMPACT OF DENTAL AND              ‘‘(2) PHASE-IN OF INCREASE.—The increase               (B) PROPER TREATMENT OF CERTAIN PRE-
                                                          ORAL HEALTH COVERAGE ON PART               in the tax imposed under subsection (a)(1) by          VIOUSLY TAXED INCOME.—Section 1411(c) of
                                                          B PREMIUMS.                                reason of the application of paragraph (1) of          such Code is amended by adding at the end
                                               Section 1839(a) of the Social Security Act            this subsection shall not exceed the amount            the following new paragraph:
                                             (42 U.S.C. 1395r(a)) is amended—                        which bears the same ratio to the amount of              ‘‘(7) CERTAIN PREVIOUSLY TAXED INCOME.—
                                               (1) in the second sentence of paragraph (1),          such increase (determined without regard to            The Secretary shall issue regulations or
                                             by striking ‘‘and (7)’’ and inserting ‘‘(7), and        this paragraph) as—                                    other guidance providing for the treatment
                                             (8)’’;                                                    ‘‘(A) the excess described in paragraph (1),         of—
                                               (2) in paragraph (3), by striking ‘‘The Sec-          bears to                                                 ‘‘(A) distributions of amounts previously
                                             retary’’ and inserting ‘‘Subject to paragraph             ‘‘(B) $100,000 (1⁄2 such amount in the case of       included in gross income for purposes of
                                             (8)(C), the Secretary’’; and                            a married taxpayer (as defined in section              chapter 1 but not previously subject to tax
                                               (3) by adding at the end the following:               7703) filing a separate return).                       under this section, and
                                               ‘‘(8) SPECIAL RULE FOR 2025 THROUGH 2028.—              ‘‘(3) HIGH INCOME THRESHOLD AMOUNT.—For                ‘‘(B) distributions described in section
                                               ‘‘(A)   DETERMINATION      OF   ALTERNATIVE           purposes of this subsection, the term ‘high            962(d).’’.
                                             MONTHLY ACTUARIAL RATE FOR EACH OF 2025                 income threshold amount’ means—                          (d) DEPOSIT INTO MEDICARE HOSPITAL IN-
                                             THROUGH 2028.—For each of 2025 through 2028,              ‘‘(A) except as provided in subparagraph             SURANCE TRUST FUND.—Section 1817(a) of the
                                             the Secretary shall, at the same time as and            (B) or (C), $400,000,                                  Social Security Act (42 U.S.C. 1395i(a)) is
                                             in addition to the determination of the                   ‘‘(B) in the case of a taxpayer making a             amended—
                                             monthly actuarial rate for enrollees age 65             joint return under section 6013 or a surviving           (1) in paragraph (1), by striking ‘‘and’’ at
                                             and over determined in each of 2024 through             spouse (as defined in section 2(a)), $500,000,         the end;




dlhill on DSK120RN23PROD with SENATE
                                             2027 for the succeeding calendar year accord-           and                                                      (2) in paragraph (2), by striking the period
                                             ing to paragraph (1), determine an alter-                 ‘‘(C) in the case of a married taxpayer (as          at the end and inserting ‘‘; and’’; and
                                             native monthly actuarial rate for enrollees             defined in section 7703) filing a separate re-           (3) by inserting after paragraph (2) the fol-
                                             age 65 and over for the year as described in            turn, 1⁄2 of the dollar amount determined              lowing new paragraph:
                                             subparagraph (B).                                       under subparagraph (B).                                  ‘‘(3) the excess of—
                                               ‘‘(B) ALTERNATIVE MONTHLY ACTUARIAL                     ‘‘(4) SPECIFIED NET INCOME.—For purposes               ‘‘(A) the taxes imposed by 1411(a) of the In-
                                             RATE DESCRIBED.—                                        of this section, the term ‘specified net in-           ternal Revenue Code of 1986, as reported to




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                                             August 6, 2022                                         CONGRESSIONAL RECORD — SENATE                                                                        S4177
                                             the Secretary of the Treasury or his delegate                      ‘‘(B) in the case of adjustments to the dol-      $200 for a pair of glasses, which many
                                             pursuant to subtitle F of such Code after De-                   lar amounts at which the 39.6 percent rate           seniors simply are unable to afford and
                                             cember 31, 2022, over                                           bracket begins (other than such dollar               do without.
                                               ‘‘(B) the taxes which would have been im-                     amount in paragraph (2)(E))—
                                                                                                                                                                    This amendment is simple. It ex-
                                             posed under such section after such date, de-                      ‘‘(i) no adjustment shall be made for tax-
                                             termined as if the amendments made by sec-                      able years beginning after December 31, 2022,        pands Medicare to provide dental, vi-
                                             tion 11511 of the Act titled ‘An Act to provide                 and before January 1, 2024, and                      sion, and hearing benefits to our sen-
                                             for reconciliation pursuant to title II of S.                      ‘‘(ii) in the case of any taxable year begin-     iors.
                                             Con. Res. 14’) did not apply, as estimated by                   ning after December 31, 2023, subsection (f)(3)        This should not be a particularly
                                             the Secretary of the Treasury.’’.                               shall be applied by substituting ‘calendar           tough vote, given the fact that the last
                                               (e) EFFECTIVE DATE.—The amendments                            year 2022’ for ‘calendar year 2016’,                 poll I saw had 84 percent of the Amer-
                                             made by this section shall apply to taxable                        ‘‘(C) subsection (f)(7)(B) shall apply to any     ican people in support of this concept.
                                             years beginning after December 31, 2022.                        unmarried individual other than a surviving
                                               (f) TRANSITION RULE.—The regulations or                                                                              I urge a ‘‘yes’’ vote on this amend-
                                                                                                             spouse, and
                                             other guidance issued by the Secretary under                                                                         ment.
                                                                                                                ‘‘(D) subsection (f)(8) shall not apply.’’.
                                             section 1411(c)(7) of the Internal Revenue                         (c) MODIFICATION TO 39.6 PERCENT RATE               The PRESIDING OFFICER. The Sen-
                                             Code of 1986 (as added by this section) shall                   BRACKET FOR HIGH-INCOME TAXPAYERS AFTER              ator from South Carolina.
                                             include provisions which provide for the                        2025.—Section 1(i)(3) of the Internal Revenue          Mr. GRAHAM. Mr. President, yes, I
                                             proper coordination and application of                          Code of 1986 is amended to read as follows:          would urge a ‘‘no’’ vote simply because
                                             clauses (i) and (iv) of section 1411(c)(1)(A)                      ‘‘(3) MODIFICATIONS TO 39.6 PERCENT RATE          we are living in a world where it is
                                             with respect to—                                                BRACKET.—In the case of taxable years begin-         hard to get by. Growing the govern-
                                               (1) taxable years beginning on or before De-                  ning after December 31, 2025—
                                             cember 31, 2022, and
                                                                                                                                                                  ment, I think, will create more infla-
                                                                                                                ‘‘(A) IN GENERAL.—The rate of tax under
                                               (2) taxable years beginning after such date.                  subsections (a), (b), (c), and (d) on a tax-
                                                                                                                                                                  tion. Everything can’t be free because
                                             SEC. 11512. INCREASE IN TOP MARGINAL INDI-                      payer’s taxable income in excess of the 39.6         we all—it gets to be so free that you
                                                         VIDUAL INCOME TAX RATE.                             percent rate bracket threshold shall be taxed        can’t afford it.
                                               (a) RE-ESTABLISHMENT OF 39.6 PERCENT                          at a rate of 39.6 percent.                             So you are the same people that told
                                             RATE BRACKET.—                                                     ‘‘(B) 39.6 PERCENT RATE BRACKET THRESH-           us if we passed the American Rescue
                                               (1) MARRIED INDIVIDUALS FILING JOINT RE-                      OLD.—For purposes of this paragraph, the             Plan, all would be well. We are at 9.1
                                             TURNS AND SURVIVING SPOUSES.—The table                          term ‘39.6 percent rate bracket threshold’           percent inflation. You are increasing
                                             contained in section 1(j)(2)(A) of the Internal                 means—
                                             Revenue Code of 1986 is amended by striking                                                                          gas taxes. Now you want to expand
                                                                                                                ‘‘(i) in the case any taxpayer described in
                                             the last two rows and inserting the fol-                                                                             Medicare. This is going to hurt the
                                                                                                             subsection (a), $450,000,
                                             lowing: ‘‘                                                         ‘‘(ii) in the case of any taxpayer described      American people. Stop the madness.
                                             ‘‘Over $400,000 but not $91,379, plus 35% of the                in subsection (b), $425,000,                         Vote no.
                                               over $450,000.                    excess over $400,000           ‘‘(iii) in the case of any taxpayer described            VOTE ON AMENDMENT 5211, AS MODIFIED
                                             Over $450,000 ................... $108,879, plus 39.6% of the
                                                                                 excess over $450,000.’’.    in subsection (c), $400,000, and                       The PRESIDING OFFICER. The
                                                (2) HEADS OF HOUSEHOLDS.—The table con-                         ‘‘(iv) in the case of any taxpayer described      question is on agreeing to the amend-
                                             tained in section 1(j)(2)(B) of such Code is                    in subsection (d), $225,000.                         ment No. 5211, as modified.
                                             amended by striking the last two rows and                          ‘‘(C) INFLATION ADJUSTMENT.—For purposes
                                                                                                                                                                    Mr. BOOKER. I ask for the yeas and
                                             inserting the following: ‘‘                                     of this paragraph, with respect to taxable
                                                                                                             years beginning in calendar years after 2025,        nays.
                                             ‘‘Over $200,000 but not $44,298, plus 35% of the                                                                       The PRESIDING OFFICER. Is there a
                                               over $425,000.                    excess over $200,000        each of the dollar amounts in subparagraph
                                             Over $425,000 ................... $123,048, plus 39.6% of the   (B) shall be adjusted in the same manner as          sufficient second?
                                                                                 excess over $425,000.’’.    under paragraph (1)(C)(i), except that sub-            There appears to be a sufficient sec-
                                                (3) UNMARRIED INDIVIDUALS OTHER THAN                         section (f)(3)(A)(ii) shall be applied by sub-       ond.
                                             SURVIVING SPOUSES AND HEADS OF HOUSE-                           stituting ‘2022’ for ‘2016’.’’.                        The clerk will call the roll.
                                             HOLDS.—The table contained in section                              (d) CONFORMING AMENDMENTS.—                         The legislative clerk called the roll.
                                             1(j)(2)(C) of such Code is amended by striking                     (1) Section 1(j)(1) of the Internal Revenue         The result was announced—yeas 3,
                                             the last two rows and inserting the fol-                        Code of 1986 is amended by striking ‘‘Decem-
                                             lowing: ‘‘                                                      ber 31, 2017’’ and inserting ‘‘December 31,
                                                                                                                                                                  nays 97, as follows:
                                             ‘‘Over $200,000 but not $45,689.50, plus 35% of the             2022’’.                                                          [Rollcall Vote No. 292 Leg.]
                                               over $400,000.                    excess over $200,000           (2) The heading of section 1(j) is amended                              YEAS—3
                                             Over $400,000 ................... $115,689.50, plus 39.6% of    by striking ‘‘2018’’ and inserting ‘‘2023’’.
                                                                                 the      excess      over                                                        Ossoff              Sanders        Warnock
                                                                                 $400,000.’’.
                                                                                                                (3) The heading of section 1(i) is amended
                                                                                                             by striking ‘‘RATE REDUCTIONS’’ and insert-                                NAYS—97
                                                (4) MARRIED INDIVIDUALS FILING SEPARATE
                                                                                                             ing ‘‘MODIFICATIONS’’                                Baldwin             Grassley       Peters
                                             RETURNS.—The table contained in section
                                                                                                                (4) Section 15(f) is amended by striking          Barrasso            Hagerty        Portman
                                             1(j)(2)(D) of such Code is amended by striking                                                                       Bennet              Hassan         Reed
                                             the last two rows and inserting the fol-                        ‘‘rate reductions’’ and inserting ‘‘modifica-
                                                                                                                                                                  Blackburn           Hawley         Risch
                                             lowing: ‘‘                                                      tions’’.                                             Blumenthal          Heinrich
                                                                                                                (e) SECTION 15 NOT TO APPLY.—For rules                                               Romney
                                             ‘‘Over $200,000 but not $45,689.50, plus 35% of the                                                                  Blunt               Hickenlooper   Rosen
                                               over $225,000.                    excess over $200,000
                                                                                                             providing that section 15 of the Internal Rev-       Booker              Hirono         Rounds
                                             Over $225,000 ................... $54,439.50, plus 39.6% of     enue Code of 1986 does not apply to the              Boozman             Hoeven         Rubio
                                                                                 the      excess      over   amendments made by this section, see sec-            Braun               Hyde-Smith
                                                                                                                                                                                                     Sasse
                                                                                 $225,000.’’.                tions 1(j)(6) and 15(f) of the Internal Revenue      Brown               Inhofe
                                                                                                                                                                                                     Schatz
                                                (5) ESTATES AND TRUSTS.—The table con-                       Code of 1986.                                        Burr                Johnson
                                                                                                                                                                  Cantwell            Kaine          Schumer
                                             tained in section 1(j)(2)(E) of such Code is                       (f) EFFECTIVE DATE.—The amendments                                                   Scott (FL)
                                                                                                             made by this section shall apply to taxable          Capito              Kelly
                                             amended by striking the last row and insert-                                                                                                            Scott (SC)
                                                                                                                                                                  Cardin              Kennedy
                                             ing the following: ‘‘                                           years beginning after December 31, 2022.                                                Shaheen
                                                                                                                                                                  Carper              King
                                             ‘‘Over $12,500 ................... $3,011.50, plus 39.6% of       The PRESIDING OFFICER. The Sen-                    Casey               Klobuchar      Shelby
                                                                                  the       excess   over                                                         Cassidy             Lankford       Sinema
                                                                                  $12,500.’’.
                                                                                                             ator from Vermont.
                                                                                                                                                                  Collins             Leahy          Smith
                                                (b) APPLICATION OF ADJUSTMENTS.—Section                        Mr. SANDERS. Mr. President, in the
                                                                                                                                                                  Coons               Lee            Stabenow
                                             1(j)(3) of the Internal Revenue Code of 1986 is                 richest country on Earth, millions of                Cornyn              Luján         Sullivan
                                             amended to read as follows:                                     seniors should not have teeth rotting                Cortez Masto        Lummis         Tester
                                               ‘‘(3) ADJUSTMENTS.—For taxable years be-                      in their mouths or be unable to afford               Cotton              Manchin        Thune
                                                                                                                                                                  Cramer              Markey         Tillis
                                             ginning after December 31, 2022, the Sec-                       hearing aids or eyeglasses.                          Crapo               Marshall
                                             retary shall prescribe tables which shall                         In America today, the reality is that                                                 Toomey
                                                                                                                                                                  Cruz                McConnell      Tuberville
                                             apply in lieu of the tables contained in para-                  a quarter of Americans 65 and older are              Daines              Menendez       Van Hollen
                                             graph (2) in the same manner as under para-                     missing all of their natural teeth, and              Duckworth           Merkley        Warner
                                             graphs (1) and (2) of subsection (f) (applied                                                                        Durbin              Moran
                                                                                                             20 percent have untreated dental cav-                                                   Warren




dlhill on DSK120RN23PROD with SENATE
                                             without regard to clauses (i) and (ii) of sub-                                                                       Ernst               Murkowski
                                                                                                                                                                                                     Whitehouse
                                             section (f)(2)(A)), except that in prescribing                  ities.                                               Feinstein           Murphy
                                                                                                               Further, one in three seniors suffers              Fischer             Murray         Wicker
                                             such tables—                                                                                                                                            Wyden
                                                                                                             from hearing loss, while 75 percent who              Gillibrand          Padilla
                                               ‘‘(A) except as provided in subparagraph                                                                           Graham              Paul           Young
                                             (B), subsection (f)(3) shall be applied by sub-                 need a hearing aid cannot afford one.
                                             stituting ‘calendar year 2017’ for ‘calendar                      And further, it can cost seniors up to               The amendment (No. 5211, as modi-
                                             year 2016’ in subparagraph (A)(ii) thereof,                     $300 for a routine eye exam and over                 fied) was rejected.



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                                             S4178                                             CONGRESSIONAL RECORD — SENATE                                                              August 6, 2022
                                               The PRESIDING OFFICER. The Sen-                       before us would help the EPA to do just                    (Purpose: To provide additional funding for
                                             ator from West Virginia.                                that.                                                              implementation of title 42)
                                               AMENDMENT NO. 5382 TO AMENDMENT NO. 5194                I spoke earlier today about the ur-                       At the appropriate place in title IX, insert
                                                                                                     gent need for climate action. We are                      the following:
                                               Mrs. CAPITO. Mr. President, I call up
                                                                                                     witnessing record heat, more extreme                      SEC. llll. FUNDING FOR TITLE 42 IMPLEMEN-
                                             my amendment No. 5382 and ask that it                                                                                        TATION.
                                             be reported by number.                                  weather, and devastating floods on an
                                                                                                                                                                 (a) APPROPRIATION.—
                                               The PRESIDING OFFICER. The                            almost daily basis. We should fund the                      (1) IN GENERAL.—In addition to amounts
                                             clerk will report.                                      EPA to use all of the authorities at its                  otherwise available, there is appropriated to
                                               The senior assistant legislative clerk                disposal to tackle the climate crisis.                    the Director of the Centers for Disease Con-
                                             read as follows:                                        The urgency of this problem demands                       trol and Prevention, out of amounts in the
                                                                                                     no less.                                                  Treasury       not    otherwise      appropriated,
                                               The Senator from West Virginia [Mrs. CAP-
                                                                                                       I urge my colleagues to join me in                      $1,000,000 for fiscal year 2023, for the purpose
                                             ITO] proposes an amendment numbered 5382
                                                                                                     opposing the amendment.                                   described in paragraph (2).
                                             to amendment No. 5194.
                                                                                                                                                                 (2) USE OF FUNDS.—The Director of the Cen-
                                               The amendment is as follows:                                      VOTE ON AMENDMENT NO. 5382
                                                                                                                                                               ters for Disease Control and Prevention shall
                                             (Purpose: To strike provisions concerning                 The PRESIDING OFFICER. The                              use the amounts appropriated under para-
                                               funding for certain activities under the              question is on agreeing to the amend-                     graph (1) for the continued implementation
                                               Clean Air Act)                                        ment.                                                     of the orders by the Director pursuant to sec-
                                               In section 60105, strike subsection (g).                Mrs. FISCHER. Mr. President, I ask                      tion 362 of the Public Health Service Act (42
                                                                                                     for the yeas and nays.                                    U.S.C. 265) regarding the suspension of entry
                                               The PRESIDING OFFICER. The Sen-                                                                                 into the United States of persons from coun-
                                             ator from West Virginia is recognized.                    The PRESIDING OFFICER. Is there a
                                                                                                                                                               tries where a quarantinable communicable
                                               There are 2 minutes, equally divided.                 sufficient second?                                        disease exists, until the date that is 120 days
                                               Mrs. CAPITO. Mr. President, this                        There appears to be a sufficient sec-                   after the termination of the public health
                                             amendment would strike a provision                      ond.                                                      emergency declared under section 319 of the
                                             that gives the EPA $45 million in a                       The clerk will call the roll.                           Public Health Service Act (42 U.S.C. 247d)
                                                                                                       The senior assistant legislative clerk                  with respect to COVID–19, including renew-
                                             slush fund to use eight different sec-
                                                                                                     called the roll.                                          als of such emergency.
                                             tions of the Clean Air Act to regulate                                                                              (b) PREVENTION AND PUBLIC HEALTH
                                             greenhouse gases. The EPA will un-                        The result was announced—yeas 50,
                                                                                                                                                               FUND.—Section 4002(b) of the Patient Protec-
                                             doubtedly try to use this money to de-                  nays 50, as follows:                                      tion and Affordable Care Act (42 U.S.C. 300u–
                                             velop rules targeting electricity gen-                              [Rollcall Vote No. 293 Leg.]                  11(b)) is amended—
                                             eration, manufacturing, agriculture,                                         YEAS—50                                (1) in paragraph (6), by striking ‘‘each of
                                             and other sectors of our economy.                       Barrasso           Graham                Portman          fiscal years 2022 and 2023’’ and inserting ‘‘fis-
                                               This will be the first time that Con-                 Blackburn          Grassley              Risch            cal year 2022’’;
                                                                                                     Blunt              Hagerty               Romney             (2) by redesignating paragraphs (7) through
                                             gress has told the EPA to carry out                     Boozman            Hawley                                 (9) as paragraphs (8) through (10), respec-
                                                                                                                                              Rounds
                                             many of these Clean Air Act sections                    Braun              Hoeven                Rubio            tively; and
                                             with respect to greenhouse gases.                       Burr               Hyde-Smith            Sasse              (3) by inserting after paragraph (6) the fol-
                                             There is no doubt that EPA lawyers                      Capito             Inhofe                Scott (FL)
                                                                                                     Cassidy            Johnson
                                                                                                                                                               lowing:
                                             and environmental groups will point to                                                           Scott (SC)         ‘‘(7) for fiscal year 2023, $999,000,000;’’.
                                                                                                     Collins            Kennedy
                                                                                                                                              Shelby
                                             this language when they try to con-                     Cornyn             Lankford
                                                                                                                                              Sullivan           Mr. LANKFORD. Madam President,
                                             vince courts to uphold future over-                     Cotton             Lee
                                                                                                     Cramer             Lummis
                                                                                                                                              Thune            the Biden administration continues to
                                             reaching climate regulations.                           Crapo              Marshall              Tillis           declare that we are in a public health
                                               After the EPA’s recent loss before                    Cruz               McConnell             Toomey           emergency because of COVID–19. This
                                             the Supreme Court on the illegal Clean                  Daines             Moran                 Tuberville
                                                                                                                                              Wicker
                                                                                                                                                               public health emergency, first declared
                                             Power Plan, we should not be providing                  Ernst              Murkowski
                                                                                                     Fischer            Paul                  Young            in January 2020, has been renewed 10
                                             funds to the Agency that it will inevi-                                                                           times.
                                             tably use to undertake more expansive                                         NAYS—50                               Title 42 is the health authority spe-
                                             and unauthorized rulemakings. This                      Baldwin            Hickenlooper          Reed             cifically designed to prevent people
                                             $45 million slush fund would be used to                 Bennet             Hirono                Rosen
                                                                                                     Blumenthal         Kaine                 Sanders
                                                                                                                                                               from coming into the country during a
                                             impose billions of dollars in regulatory                Booker             Kelly                 Schatz           pandemic. It is nonsensical to say that
                                             burdens on our economy and increase                     Brown              King                  Schumer          we have a COVID health emergency ev-
                                             costs at the worst time for consumers.                  Cantwell           Klobuchar
                                                                                                     Cardin             Leahy
                                                                                                                                              Shaheen          erywhere but on our southern border. If
                                               This provision is bad for West Vir-                                                            Sinema           there is a public health emergency in
                                                                                                     Carper             Luján                Smith
                                             ginia, and it is bad for America. I urge                Casey              Manchin                                this country, then title 42 authority
                                                                                                                                              Stabenow
                                             my colleagues to support my amend-                      Coons              Markey
                                                                                                                                              Tester           must remain in place.
                                             ment.                                                   Cortez Masto       Menendez
                                                                                                     Duckworth          Merkley
                                                                                                                                              Van Hollen         Title 42 authority is the last line of
                                               The PRESIDING OFFICER. The Sen-                       Durbin             Murphy                Warner           defense that our Border Patrol agents
                                             ator from Delaware.                                                                              Warnock
                                                                                                     Feinstein          Murray                                 have to protect our Nation, and my
                                                                                                     Gillibrand         Ossoff                Warren
                                               Mr. CARPER. Mr. President, the                                                                 Whitehouse       Democratic colleagues said they agreed
                                                                                                     Hassan             Padilla
                                             amendment by our colleague Senator                      Heinrich           Peters                Wyden            with that idea back in April. The situa-
                                             CAPITO would strike $45 million in the                                                                            tion has only worsened since that time
                                             bill that would fund the EPA to use its                   The amendment (No. 5382) was re-                        so surely they will agree with me more
                                             existing narrow Clean Air Act authori-                  jected.                                                   today.
                                             ties to address greenhouse gas emis-                      The ACTING PRESIDENT pro tem-                             I urge the adoption of this amend-
                                             sions.                                                  pore. The junior Senator from Okla-                       ment, that we would remain consistent
                                               Our colleague sought to argue that                    homa.                                                     with title 42 authority in this Nation.
                                             this provision did not comply with the                       AMENDMENT NO. 5384 TO AMENDMENT NO. 5194               The ACTING PRESIDENT pro tem-
                                             Byrd rule, but the Parliamentarian                        Mr. LANKFORD. Madam President, I                        pore. The senior Senator from Wash-
                                             ruled that it does. We are now pre-                     call up my amendment No. 5384 and ask                     ington.
                                             sented with an amendment to strike                      that it be reported by number.                              Mrs. MURRAY. Madam President,
                                             the provision altogether.                                 The ACTING PRESIDENT pro tem-                           let’s be clear about what is going on
                                               The EPA has lots of authorities and                   pore. The clerk will report the amend-                    here. This amendment is an attempt by
                                             tools already at its disposal to reach                  ment by number.                                           Republicans to derail our ability to get




dlhill on DSK120RN23PROD with SENATE
                                             net-zero greenhouse gas emissions by                      The senior assistant legislative clerk                  this bill across the finish line and de-
                                             no later than midcentury. The quickest                  read as follows:                                          liver for families in our country.
                                             way we can jump-start government-                         The    Senator   from   Oklahoma [Mr.                     Title 42 is a public health tool, and
                                             wide climate action is to help empower                  LANKFORD] proposes an amendment num-                      how it is used should be guided by pub-
                                             Agencies to use the tools that they al-                 bered 5384 to amendment No. 5194.                         lic health experts—looking at data,
                                             ready have. The $45 million in the bill                      The amendment is as follows:                         looking at science—not politicians



                                       VerDate Sep 11 2014   03:40 Aug 08, 2022   Jkt 029060   PO 00000    Frm 00128   Fmt 4637   Sfmt 0634     E:\CR\FM\G06AU6.085   S06AUPT1
                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                          S4179
                                             looking to score political points or, in                  The senior assistant legislative clerk                  The ACTING PRESIDENT pro tem-
                                             this case, Republicans trying to stop a                 read as follows:                                        pore. The junior Senator from Okla-
                                             bill that lowers costs, lowers emis-                      The Senator from Montana [Mr. TESTER]                 homa.
                                             sions, and lowers the deficit.                          proposes amendment numbered 5480 to                       Mr. LANKFORD. Madam President,
                                               I urge my colleagues to vote no.                      amendment No. 5194.                                     well, I anticipate there will be a few
                                                         VOTE ON AMENDMENT NO. 5384                       The amendment is as follows:                       people who are going to vote for it be-
                                               The ACTING PRESIDENT pro tem-                                                                                 fore they vote against it, in this case.
                                                                                                     (Purpose: To establish a procedure for termi-
                                             pore. The question is on agreeing to                      nating a determination by Surgeon Gen-                What this is, is this is actually my
                                             the amendment.                                            eral to suspend certain entries and imports           title 42 bill, except with one little
                                               Mr. LANKFORD. I ask for the yeas                        from designated places)                               tweak in it. It takes it out of Byrd
                                             and nays.                                                 At the appropriate place, insert the fol-             compliance. So this allows any indi-
                                               The ACTING PRESIDENT pro tem-                         lowing:                                                 vidual to be able to vote for this one
                                             pore. Is there a sufficient second?                     SEC. lll. PUBLIC HEALTH AND BORDER SECU-                but actually oppose the one that would
                                               There appears to be a sufficient sec-                           RITY.                                         have actually implemented the policy
                                             ond.                                                      (a) SHORT TITLE.—This section may be                  that was actually Byrd-compliant.
                                               The clerk will call the roll.                         cited as the ‘‘Public Health and Border Secu-             This is the reason people get so angry
                                               The senior assistant executive clerk                  rity Act of 2022’’.                                     at Washington, DC, because people will
                                             called the roll.                                          (b) TERMINATION OF SUSPENSION OF ENTRIES              say: Oh, I didn’t really mean to do
                                               The result was announced—yeas 50,                     AND IMPORTS FROM DESIGNATED PLACES RE-                  that; I meant to do this.
                                             nays 50, as follows:                                    LATED TO THE COVID–19 PANDEMIC.—                          Here is my concern. I think anyone
                                                         [Rollcall Vote No. 294 Leg.]                  (1) IN GENERAL.—An order of suspension
                                                                                                                                                             should ask everyone, if they voted one
                                                                  YEAS—50                            issued under section 362 of the Public Health
                                                                                                     Service Act (42 U.S.C. 265) as a result of the          way one time and one way another,
                                             Barrasso          Graham             Portman            public health emergency relating to the                 what is different on this, because here
                                             Blackburn         Grassley           Risch                                                                      is what I think happens next. What I
                                             Blunt             Hagerty
                                                                                                     Coronavirus Disease 2019 (COVID-19) pan-
                                                                                  Romney
                                             Boozman           Hawley             Rounds
                                                                                                     demic declared under section 319 of such Act            think is about to happen is, someone is
                                             Braun             Hoeven             Rubio              (42 U.S.C. 247d) on January 31, 2020, and any           going to stand and they are going to
                                             Burr              Hyde-Smith         Sasse              continuation of such declaration (including             call a point of order on this and to say
                                             Capito            Inhofe                                the continuation described in Proclamation
                                             Cassidy           Johnson
                                                                                  Scott (FL)                                                                 this is not compliant with the Byrd
                                                                                  Scott (SC)         9994 on February 24, 2021), shall be lifted not
                                             Collins           Kennedy                                                                                       rule. And people are going to say: I
                                                                                  Shelby             earlier than 60 days after the date on which
                                             Cornyn            Lankford
                                                                                  Sullivan           the Surgeon General provides written notifi-            tried to get it done, but that Parlia-
                                             Cotton            Lee                                                                                           mentarian just knocked it down. So
                                             Cramer                               Thune              cation to the appropriate authorizing and ap-
                                                               Lummis
                                             Crapo             Marshall           Tillis             propriating committees of Congress that                 that is what I bet happens next. We
                                             Cruz              McConnell          Toomey             such public health emergency declaration                will see.
                                             Daines            Moran              Tuberville         (including the continuation described in                  The ACTING PRESIDENT pro tem-
                                             Ernst             Murkowski          Wicker
                                                                                                     Proclamation 9994 on February 24, 2021) have            pore. The Senator’s time has expired.
                                             Fischer           Paul               Young
                                                                                                     been terminated.                                          The Democratic whip.
                                                                 NAYS—50                               (2) PROCEDURES DURING 60-DAY TERMINATION
                                                                                                                                                                               POINT OF ORDER
                                             Baldwin           Hickenlooper       Reed               WINDOW.—
                                             Bennet            Hirono             Rosen                (A) PLAN.—Not later than 30 days after the              Mr. DURBIN. Madam President, I
                                             Blumenthal        Kaine              Sanders            date on which a written notification is pro-            raise a point of order that the pending
                                             Booker            Kelly              Schatz             vided under paragraph (1) with respect to an            amendment does not produce a change
                                             Brown             King               Schumer            order of suspension, the Surgeon General, in
                                             Cantwell          Klobuchar
                                                                                                                                                             in outlays or revenues and therefore
                                                                                  Shaheen            consultation with the Secretary of Homeland             violates section 313(b)(1)(A) of the Con-
                                             Cardin            Leahy              Sinema             Security, and the head of any other Federal
                                             Carper            Luján             Smith              agency, State, local or Tribal government, or
                                                                                                                                                             gressional Budget Act of 1974.
                                             Casey             Manchin                                                                                         The ACTING PRESIDENT pro tem-
                                                                                  Stabenow           nongovernmental organization that has a
                                             Coons             Markey
                                             Cortez Masto      Menendez
                                                                                  Tester             role in managing outcomes associated with               pore. The senior Senator from Mon-
                                                                                  Van Hollen                                                                 tana.
                                             Duckworth         Merkley                               the suspension, as determined by the Sur-
                                             Durbin            Murphy             Warner
                                                                                                     geon General (or the designee of the Surgeon                              MOTION TO WAIVE
                                             Feinstein         Murray             Warnock
                                                                                  Warren
                                                                                                     General), shall develop and submit to the ap-             Mr. TESTER. Madam President, be-
                                             Gillibrand        Ossoff
                                                                                  Whitehouse         propriate committees of Congress, a plan to
                                             Hassan            Padilla
                                                                                                     address any possible influx of entries or im-
                                                                                                                                                             fore I make my motion, I would just
                                             Heinrich          Peters             Wyden
                                                                                                     ports, as defined in such order of suspension,          say we were here earlier this week on a
                                               The amendment (No. 5384) was re-                      related to the termination of such order.               different bill that had nothing to do
                                             jected.                                                   (B) FAILURE TO SUBMIT.—If a plan under                with the Budget Act.
                                               The ACTING PRESIDENT pro tem-                         subparagraph (A) is not submitted to the ap-              Madam President, pursuant to sec-
                                             pore. The senior Senator from Mon-                      propriate committees of Congress within the             tion 904 of the Congressional Budget
                                             tana.                                                   30-day period described in such subpara-                Act of 1974, I move to waive section 313
                                               Mr. DURBIN. Would the Senator                         graph, not later than 7 days after the expira-          of that act for the purpose of this pro-
                                                                                                     tion of such 30-day period, the Secretary
                                             from Montana hold for just one mo-                                                                              vision, and I would ask for the yeas and
                                                                                                     shall notify the appropriate committees of
                                             ment, please? Thank you.                                Congress, in writing, of the status of pre-             nays.
                                                             ORDER OF BUSINESS                       paring such a plan and the timing for sub-                The ACTING PRESIDENT pro tem-
                                               Madam President, I ask unanimous                      mission as required under subparagraph (A).             pore. Is there a sufficient second?
                                             consent that following disposition of                   The termination of order related to such                  There appears to be a sufficient sec-
                                             the Crapo amendment No. 5404, the fol-                  plan shall be delayed until that date that is           ond.
                                             lowing amendments be the next Repub-                    30 days after the date on which such plan is              The question is on agreeing to the
                                                                                                     submitted to such committees.                           motion.
                                             lican amendments in order: No. 5358,
                                             Collins; motion to commit, Scott; No.                     Mr. TESTER. Madam President, this                       The clerk will call the roll.
                                             5389, Marshall; No. 5383, Capito; and No.               amendment is actually quite simple. It                    The senior assistant legislative clerk
                                             5421, Grassley.                                         is to make sure that we have a com-                     called the roll.
                                               The ACTING PRESIDENT pro tem-                         prehensive plan in place before title 42                  The yeas and nays resulted—yeas 56,
                                             pore. Is there objection?                               is lifted. Very straightforward. This is                nays 44, as follows:
                                               Without objection, it is so ordered.                  not whether title 42 should ever be lift-                           [Rollcall Vote No. 295 Leg.]
                                               The senior Senator from Montana.                      ed or not; rather, it is about making                                        YEAS—56




dlhill on DSK120RN23PROD with SENATE
                                               AMENDMENT NO. 5480 TO AMENDMENT NO. 5194              sure that we are doing the right thing                  Barrasso           Cassidy          Cruz
                                               Mr. TESTER. Madam President, I                        at the right time, which I believe is                   Blackburn          Collins          Daines
                                             call up amendment No. 5480, and I ask                   when the COVID–19 national emer-                        Blunt              Cornyn           Ernst
                                                                                                     gency is lifted and when we have a plan                 Boozman            Cortez Masto     Fischer
                                             that it be reported by number.                                                                                  Braun              Cotton           Graham
                                               The ACTING PRESIDENT pro tem-                         in place.                                               Burr               Cramer           Grassley
                                             pore. The clerk will report.                              I would urge a ‘‘yea’’ vote.                          Capito             Crapo            Hagerty




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                                             S4180                                             CONGRESSIONAL RECORD — SENATE                                                               August 6, 2022
                                             Hassan            McConnell          Shelby               We also know that the Congressional                    Hirono             Murphy        Sinema
                                             Hawley            Moran              Sinema                                                                      Kaine              Murray        Smith
                                             Hoeven            Murkowski          Sullivan
                                                                                                     Budget Office will score that, showing                   Kelly              Ossoff        Stabenow
                                             Hyde-Smith        Paul               Tester             that there is no way to accomplish the                   King               Padilla       Tester
                                             Inhofe            Portman            Thune              objectives of this bill unless you audit                 Klobuchar          Peters        Van Hollen
                                             Johnson           Risch              Tillis             the middle class.                                        Leahy              Reed          Warner
                                             Kelly             Romney             Toomey                                                                      Luján             Rosen         Warnock
                                             Kennedy           Rounds                                  My bill simply puts in some teeth be-                  Manchin            Sanders
                                                                                  Tuberville                                                                                                   Warren
                                             Lankford          Rubio
                                                                                  Warnock
                                                                                                     hind what is admitted by everyone to                     Markey             Schatz
                                                                                                                                                                                               Whitehouse
                                             Lee               Sasse                                 be the intention of the legislation, to                  Menendez           Schumer
                                                                                  Wicker                                                                                                       Wyden
                                             Lummis            Scott (FL)                                                                                     Merkley            Shaheen
                                             Marshall          Scott (SC)
                                                                                  Young              say that none of the new IRS funding
                                                                                                     may be used to audit those earning                         The amendment (No. 5404) was re-
                                                                 NAYS—44                                                                                      jected.
                                                                                                     below $400,000.
                                             Baldwin           Hickenlooper       Peters               If my amendment is not adopted, bil-                     The ACTING PRESIDENT pro tem-
                                             Bennet            Hirono             Reed                                                                        pore. The majority whip.
                                             Blumenthal        Kaine              Rosen
                                                                                                     lions in taxes will be squeezed out of
                                                                                                     taxpayers earning below $400,000, ac-                                   ORDER OF BUSINESS
                                             Booker            King               Sanders
                                             Brown             Klobuchar          Schatz             cording to the CBO, including middle-                      Mr. DURBIN. Madam President, I ask
                                             Cantwell          Leahy              Schumer            income workers and small businesses.                     unanimous      consent    that    Collins
                                             Cardin            Luján
                                             Carper            Manchin
                                                                                  Shaheen
                                                                                                       The ACTING PRESIDENT pro tem-                          amendment No. 5358 be in order fol-
                                                                                  Smith                                                                       lowing Grassley amendment No. 5421.
                                             Casey             Markey
                                                                                  Stabenow           pore. The senior Senator from Oregon.
                                             Coons             Menendez                                Mr. WYDEN. Madam President, I rise                       The ACTING PRESIDENT pro tem-
                                                                                  Van Hollen
                                             Duckworth         Merkley
                                                                                  Warner             in opposition to my friend’s amend-                      pore. Is there objection?
                                             Durbin            Murphy                                                                                           Without objection, it is so ordered.
                                             Feinstein         Murray             Warren             ment. We all agree here that taxpayers
                                             Gillibrand        Ossoff             Whitehouse                                                                    The junior Senator from Florida.
                                                                                  Wyden
                                                                                                     with less than $400,000 in taxable in-
                                             Heinrich          Padilla                                                                                               MOTION TO COMMIT WITH INSTRUCTIONS
                                                                                                     come should not face a tax increase.
                                               The ACTING PRESIDENT pro tem-                                                                                    Mr. SCOTT of Florida. Madam Presi-
                                                                                                     And there is language already—and I
                                             pore. On this vote, the yeas are 56, and                                                                         dent, I have a motion at the desk.
                                                                                                     would like to note this—in the enforce-                    The ACTING PRESIDENT pro tem-
                                             the nays are 44.                                        ment section of the bill that says just
                                               Three-fifths of the Senators duly cho-                                                                         pore. The clerk will report.
                                                                                                     that.                                                      The senior assistant legislative clerk
                                             sen and sworn not having voted in the                     But the Crapo amendment goes much                      read as follows:
                                             affirmative, the motion is not agreed                   further than that. It applies—and I                        The Senator from Florida [Mr. SCOTT]
                                             to.                                                     quote here—‘‘to taxpayers with taxable                   moves to commit the bill to the Committee
                                               The point of order is sustained, and                  income.’’                                                on Finance with instructions.
                                             the amendment falls.                                      And as Americans have learned re-                        The junior Senator from Florida.
                                               The Senator from Idaho.                               cently, billionaires often have little or                  Mr. SCOTT of Florida. Madam Presi-
                                               AMENDMENT NO. 5404 TO AMENDMENT NO. 5194              no taxable income for years on end.                      dent, I ask that the reading be dis-
                                               Mr. CRAPO. Madam President, I call                      So under this amendment, the bil-                      pensed with.
                                             up my amendment, No. 5404, and ask                      lionaires who live off their borrowings                    [Mr. SCOTT of Florida] moves to commit
                                             that it be reported by number.                          would be immune from audit, and that                     the bill H.R. 5376 to the Committee on Fi-
                                               The ACTING PRESIDENT pro tem-                         would invite further tax avoidance.                      nance of the Senate with instructions to re-
                                             pore. The clerk will report the amend-                    I urge my colleagues to oppose this                    port the same back to the Senate in 3 days,
                                             ment by number.                                         amendment.                                               not counting any day in which the Senate is
                                               The senior assistant legislative clerk                                                                         not in session, with changes that—
                                                                                                                 VOTE ON AMENDMENT NO. 5404
                                             read as follows:                                                                                                   (1) are within the jurisdiction of such com-
                                                                                                       The ACTING PRESIDENT pro tem-                          mittee; and
                                               The Senator from Idaho [Mr. CRAPO] pro-               pore. The question is on agreeing to                       (2) would prohibit the hiring of any addi-
                                             poses an amendment numbered 5404 to
                                             amendment No. 5194.
                                                                                                     the amendment.                                           tional Internal Revenue Service agents pur-
                                                                                                       Mr. CRAPO. I ask for the yeas and                      suant to section 10301(a)(1)(A)(i)(II) until
                                               The amendment is as follows:                          nays.                                                    such time as at least 18,000 additional agents
                                             (Purpose: To prevent the use of additional                                                                       (over the number of such agents employed as
                                                                                                       The ACTING PRESIDENT pro tem-
                                               Internal Revenue Service funds from being                                                                      of the date of enactment) are hired by the
                                               used for audits of taxpayers with taxable
                                                                                                     pore. Is there a sufficient second?                      United States Border Patrol.
                                               incomes below $400,000 in order to protect              There appears to be a sufficient sec-
                                                                                                                                                                Mr. SCOTT of Florida. Madam Presi-
                                               low- and middle-income earning American               ond.
                                                                                                                                                              dent, the historic crisis that the Biden
                                               taxpayers from an onslaught of audits                   The clerk will call the roll.
                                                                                                                                                              administration has created on the
                                               from an army of new Internal Revenue                    The senior assistant executive clerk
                                               Service auditors funded by an unprece-                                                                         southern border by failing to enforce
                                                                                                     called the roll.
                                               dented, nearly $80,000,000,000, infusion of                                                                    our laws is threatening the national se-
                                                                                                       The result was announced—yeas 50,
                                               new funds)                                                                                                     curity of the United States every day.
                                                                                                     nays 50, as follows:                                       Savage cartels own our U.S. border
                                               At the end of section 10301, add the fol-
                                                                                                                 [Rollcall Vote No. 296 Leg.]                 now. This fiscal year, more than 2 mil-
                                             lowing:
                                               (c) LIMITATIONS RELATED TO THE INTERNAL                                    YEAS—50                             lion people have illegally entered the
                                             REVENUE SERVICE.—None of the funds appro-               Barrasso          Graham                Portman          United States. Drugs are pouring into
                                             priated under subsection (a)(1) may be used             Blackburn         Grassley              Risch            our communities and killing thousands
                                             to audit taxpayers with taxable incomes                 Blunt             Hagerty               Romney
                                                                                                     Boozman           Hawley                                 and thousands of Americans. It must
                                             below $400,000.                                                                                 Rounds
                                                                                                     Braun             Hoeven                Rubio            end now.
                                               Mr. CRAPO. Madam President, my                        Burr              Hyde-Smith            Sasse              Sadly, Democrats are still doing
                                             amendment will guard against squeez-                    Capito            Inhofe                Scott (FL)       nothing to support the Border Patrol
                                                                                                     Cassidy           Johnson
                                             ing middle-class taxpayers. Supersized                  Collins           Kennedy
                                                                                                                                             Scott (SC)       or actually securing the border. In-
                                             IRS funding will squeeze billions from                                                          Shelby
                                                                                                     Cornyn            Lankford                               stead, they want to supersize the IRS
                                                                                                                                             Sullivan
                                             the middle-class workers and small                      Cotton            Lee
                                                                                                                                             Thune            and add 87,000 more agents to hunt
                                             businesses through ramped-up audits.                    Cramer            Lummis
                                                                                                     Crapo             Marshall              Tillis           down and audit even more families and
                                               My colleagues on the other side and                   Cruz              McConnell             Toomey           small businesses.
                                             the President all say that that is not                  Daines            Moran                 Tuberville         My amendment says that before one
                                             intended by the bill, and, in fact, the                 Ernst             Murkowski             Wicker
                                                                                                                                                              additional IRS agent is hired, we must
                                                                                                     Fischer           Paul                  Young
                                             bill itself says that is not intended. But                                                                       give Border Patrol the support it needs




dlhill on DSK120RN23PROD with SENATE
                                             this is not enforceable language, and                                        NAYS—50                             and double its forces with 18,000 more
                                             everyone knows that the targeted                        Baldwin           Cardin                Durbin           Border Patrol agents. It is time to first
                                             money in the bill cannot be achieved                    Bennet            Carper                Feinstein        secure the border and second, stop the
                                             unless the middle class—people with                     Blumenthal        Casey                 Gillibrand
                                                                                                     Booker            Coons                 Hassan
                                                                                                                                                              Democrats from supersizing the IRS.
                                             incomes under $400,000—are hit with a                   Brown             Cortez Masto          Heinrich           I urge my colleagues to vote for my
                                             wave of new audits.                                     Cantwell          Duckworth             Hickenlooper     commonsense amendment.



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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                          S4181
                                               The ACTING PRESIDENT pro tem-                         Van Hollen          Warnock               Whitehouse      organ transplants, Alzheimer’s, can-
                                                                                                     Warner              Warren                Wyden
                                             pore. The senior Senator from Oregon.                                                                             cers, and HIV. A ‘‘no’’ vote is a vote to
                                               Mr. WYDEN. Madam President, I                           The motion was rejected.                                never see a cure for Alzheimer’s.
                                             gather that this is the first of the mo-                  The PRESIDING OFFICER (Mr.                                Rather than a healthcare system
                                             tions to commit this legislation back                   BLUMENTHAL). The Senator from Kan-                        that offers Americans breakthrough
                                             to committee.                                           sas.                                                      medicines, this reckless tax-and-spend
                                               I want my colleagues to understand                         AMENDMENT NO. 5389 TO AMENDMENT NO. 5194             bill will force Americans to settle for
                                             what this is really all about. These mo-                  Mr. MARSHALL. Mr. President, I                          end-of-life care, and that is just wrong.
                                             tions to commit are motions to kill                     call up my amendment No. 5389 and ask                       I yield the floor.
                                             this bill, period. And what that means                  that it be reported by number.                              The PRESIDING OFFICER. The Sen-
                                             is: Let’s try to do everything we can to                  The PRESIDING OFFICER. The                              ator from Oregon.
                                             delay Democrats from being able to de-                  clerk will report.                                          Mr. WYDEN. Mr. President, I oppose
                                             liver for the American people lower                       The legislative clerk read as follows:                  this amendment for two reasons. The
                                             prescription drug costs for the elderly,                  The Senator from Kansas [Mr. MARSHALL]                  first is, it would water down the new
                                             lower healthcare premiums, lower car-                   proposes an amendment numbered 5389 to                    negotiations program, so it would be
                                             bon emissions, lower energy costs, less                 amendment No. 5194.                                       harder to negotiate over the most ex-
                                             tax cheating by the wealthy.                                 The amendment is as follows:                         pensive drugs in Medicare today, in-
                                               The Senate ought to be moving this                    (Purpose: To protect patient access to cur-               cluding cancer drugs, which are at the
                                             legislation forward instead of trying to                  rent and future treatments for a range of               top of our list. Second, it would water
                                             kill the bill through these motions to                    serious conditions, such as cancer, Alz-                down the efforts at the Internal Rev-
                                                                                                       heimer’s disease, HIV/AIDS, Parkinson’s                 enue Service to beef up tax enforce-
                                             commit.
                                                                                                       disease, and sickle cell disease, among nu-             ment against wealthy tax cheats.
                                               One last point, I gather we are going                   merous others)
                                             to have a bit more of this discussion.                                                                              I would urge opposition to the Mar-
                                                                                                       At the end of title I, add the following:               shall amendment.
                                               The ACTING PRESIDENT pro tem-                         Subtitle E—Ensuring Patient Access to Drugs
                                             pore. The Senator’s time has expired.                                                                                         VOTE ON AMENDMENT NO. 5389
                                                                                                       and Biological Products That Treat Serious
                                               Mr. WYDEN. I ask unanimous con-                         Conditions                                                The PRESIDING OFFICER. The
                                             sent for 30 seconds of additional time.                 SEC.    14001.    ENSURING PATIENT ACCESS TO              question is on agreeing to the amend-
                                               The ACTING PRESIDENT pro tem-                                          DRUGS AND BIOLOGICAL PRODUCTS            ment.
                                             pore. Is there objection?                                                THAT TREAT SERIOUS CONDITIONS.             Mr. MARSHALL. Mr. President, I
                                               Mr. COTTON. Objection.                                  Section 1192(e)(3) of the Social Security               ask for the yeas and nays.
                                                                                                     Act, as added by section 11001, is amended by               The PRESIDING OFFICER. Is there a
                                               The ACTING PRESIDENT pro tem-                         adding at the end the following new subpara-
                                             pore. Objection is heard.                                                                                         sufficient second?
                                                                                                     graphs:
                                               Mr. WYDEN. I urge opposition to the                     ‘‘(D) SIX PROTECTED CLASSES.—A covered                    There appears to be a sufficient sec-
                                             Scott proposal.                                         part D drug in a category or class that is                ond.
                                                                                                     identified under section 1860D–4(b)(3)(G)(iv).              The clerk will call the roll.
                                                         VOTE ON MOTION TO COMMIT
                                                                                                       ‘‘(E) BREAKTHROUGH THERAPIES.—A drug or                   The senior assistant executive clerk
                                               The ACTING PRESIDENT pro tem-                         biological product designated under section               called the roll.
                                             pore. The question is on agreeing to                    506(a) of the Federal Food, Drug, and Cos-                  The result was announced—yeas 50,
                                             the motion to commit.                                   metic Act (21 U.S.C. 356(a)) as a break-                  nays 50, as follows:
                                               Mr. SCOTT of Florida. I ask for the                   through therapy and approved under section
                                                                                                                                                                           [Rollcall Vote No. 298 Leg.]
                                             yeas and nays.                                          505 of such Act (21 U.S.C. 355) or section 351
                                                                                                     of the Public Health Service Act (42 U.S.C.                                    YEAS—50
                                               The ACTING PRESIDENT pro tem-
                                                                                                     262).’’.                                                  Barrasso          Graham          Portman
                                             pore. Is there a sufficient second?                                                                               Blackburn         Grassley        Risch
                                                                                                     SEC. 14002. REDUCTION OF ADDITIONAL IRS
                                               There is a sufficient second.                                    FUNDING FOR ENFORCEMENT AND                    Blunt             Hagerty         Romney
                                               The clerk will call the roll.                                    OPERATIONS.                                    Boozman           Hawley          Rounds
                                                                                                        Section 10301(a)(1)(A)(i) of this Act is               Braun             Hoeven          Rubio
                                               The legislative clerk called the roll.                                                                          Burr              Hyde-Smith
                                                                                                     amended—                                                                                    Sasse
                                               The result was announced—yeas 50,                                                                               Capito            Inhofe          Scott (FL)
                                             nays 50, as follows:                                       (1)   in    subclause     (II),  by    striking        Cassidy           Johnson         Scott (SC)
                                                                                                     ‘‘$45,637,400,000’’         and          inserting        Collins           Kennedy
                                                         [Rollcall Vote No. 297 Leg.]                                                                                                            Shelby
                                                                                                     ‘‘$10,326,400,000’’; and                                  Cornyn            Lankford
                                                                                                                                                                                                 Sullivan
                                                                  YEAS—50                               (2)   in   subclause     (III),  by    striking        Cotton            Lee
                                                                                                                                                               Cramer                            Thune
                                                                                                     ‘‘$25,326,400,000’’ and inserting ‘‘$326,400,000’’.                         Lummis
                                             Barrasso          Graham             Portman                                                                      Crapo             Marshall        Tillis
                                             Blackburn         Grassley           Risch                The PRESIDING OFFICER. The Sen-                         Cruz              McConnell       Toomey
                                             Blunt             Hagerty            Romney                                                                                                         Tuberville
                                             Boozman           Hawley
                                                                                                     ator from Kansas.                                         Daines            Moran
                                                                                  Rounds                                                                       Ernst             Murkowski       Wicker
                                             Braun             Hoeven             Rubio
                                                                                                       Mr. MARSHALL. Mr. President, this                                                         Young
                                                                                                                                                               Fischer           Paul
                                             Burr              Hyde-Smith         Sasse              is a reckless inflation bill that will in-
                                             Capito            Inhofe             Scott (FL)         crease drug prices. Yes, you can write                                        NAYS—50
                                             Cassidy           Johnson
                                             Collins           Kennedy
                                                                                  Scott (SC)         that down. Just like the ACA has driv-                    Baldwin           Hickenlooper    Reed
                                                                                  Shelby             en up healthcare costs, this bill will in-                Bennet            Hirono          Rosen
                                             Cornyn            Lankford
                                                                                  Sullivan                                                                     Blumenthal        Kaine           Sanders
                                             Cotton            Lee
                                                                                  Thune              crease drug prices.                                       Booker            Kelly           Schatz
                                             Cramer            Lummis                                  With a limited window to recoup
                                                                                  Tillis                                                                       Brown             King            Schumer
                                             Crapo             Marshall
                                             Cruz              McConnell          Toomey             R&D, manufacturers will have to in-                       Cantwell          Klobuchar       Shaheen
                                                                                  Tuberville                                                                   Cardin            Leahy
                                             Daines            Moran                                 crease their launch prices. It will also                  Carper            Luján
                                                                                                                                                                                                 Sinema
                                             Ernst             Murkowski          Wicker                                                                                                         Smith
                                                                                                     eliminate incentives for generics to                      Casey             Manchin
                                             Fischer           Paul               Young                                                                                                          Stabenow
                                                                                                     come to market and gain market share                      Coons             Markey
                                                                                                                                                                                                 Tester
                                                                 NAYS—50                             by pricing lower than the branded                         Cortez Masto      Menendez
                                                                                                                                                               Duckworth                         Van Hollen
                                                                                                                                                                                 Merkley
                                             Baldwin           Hassan             Murray             product.                                                  Durbin            Murphy          Warner
                                             Bennet            Heinrich           Ossoff               Perhaps even worse, this bill will                      Feinstein         Murray          Warnock
                                             Blumenthal        Hickenlooper       Padilla                                                                                                        Warren
                                             Booker            Hirono
                                                                                                     delay, if not eliminate, new innovative                   Gillibrand        Ossoff
                                                                                  Peters                                                                       Hassan            Padilla         Whitehouse
                                             Brown             Kaine              Reed
                                                                                                     drugs for life-threatening illnesses,                     Heinrich          Peters          Wyden
                                             Cantwell          Kelly              Rosen              like Alzheimer’s and cancers. This is
                                             Cardin            King               Sanders            why our amendment excludes two cat-                         The amendment (No. 5389) was re-




dlhill on DSK120RN23PROD with SENATE
                                             Carper            Klobuchar                                                                                       jected.
                                             Casey             Leahy
                                                                                  Schatz             egories of drugs from price controls:
                                             Coons             Luján
                                                                                  Schumer            Medicare Part D’s six protected classes                     The PRESIDING OFFICER. The Sen-
                                                                                  Shaheen                                                                      ator from Vermont.
                                             Cortez Masto      Manchin
                                                                                  Sinema             and the FDA’s breakthrough therapy
                                             Duckworth         Markey                                                                                            AMENDMENT NO. 5209 TO AMENDMENT NO. 5194
                                             Durbin            Menendez           Smith              designation drugs.
                                             Feinstein         Merkley            Stabenow             By voting ‘‘yes,’’ you will be pro-                      (Purpose: To establish a Civilian Cli-
                                             Gillibrand        Murphy             Tester             tecting patients with mental illness,                     mate Corps.)



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                                             S4182                                             CONGRESSIONAL RECORD — SENATE                                                                August 6, 2022
                                               Mr. SANDERS. Mr. President, I call                      There appears to be a sufficient sec-                  are provisions that reduce delays and
                                             up amendment No. 5209, and I ask that                   ond.                                                     environmental reviews, generally to 2
                                             it be reported by number.                                 The clerk will call the roll.                          years or less, while maintaining pro-
                                               The PRESIDING OFFICER. The                              The legislative clerk called the roll.                 tections. Eliminating regulatory hur-
                                             clerk will report.                                        Mr. THUNE. The following Senator is                    dles, which are now driving higher gas-
                                               The legislative clerk read as follows:                necessarily absent: the Senator from                     oline and energy costs, and imple-
                                               The Senator from Vermont [Mr. SANDERS],               Tennessee (Mr. BLACKBURN).                               menting the one Federal decision—
                                             for himself and Mr. MERKLEY, proposes an                  The PRESIDING OFFICER. Are there                       these are things Democrats say they
                                             amendment numbered 5209 to amendment                    any other Senators in the Chamber de-                    will support eventually. Let’s tackle
                                             No. 5194.
                                                                                                     siring to vote or change their vote?                     inflation, permitting, and energy sup-
                                               (The amendment is printed in today’s                    The result was announced—yeas 1,                       ply challenges right here tonight. Let’s
                                             RECORD under ‘‘Text of Amendments.’’)                   nays 98, as follows:                                     finish the Mountain Valley Pipeline
                                               The PRESIDING OFFICER. The Sen-
                                                                                                                [Rollcall Vote No. 299 Leg.]                  now.
                                             ator from Vermont.
                                                                                                                          YEAS—1                                Americans can’t wait, and no one can
                                               Mr. SANDERS. Mr. President, the
                                                                                                                        Sanders                               build back better if we can’t build any-
                                             driving force behind the fight against
                                                                                                                                                              thing at all. I urge my colleagues to
                                             climate change has been young people                                          NAYS—98
                                                                                                                                                              vote yes on the amendment.
                                             here in the United States and abroad.                   Baldwin            Hagerty               Peters
                                               They have marched. They have dem-                                                                                I yield the floor.
                                                                                                     Barrasso           Hassan                Portman
                                             onstrated. They demanded institu-                       Bennet             Hawley                Reed              The PRESIDING OFFICER. The Sen-
                                             tional disinvestment in fossil fuel com-                Blumenthal         Heinrich              Risch           ator from Delaware.
                                                                                                     Blunt              Hickenlooper          Romney            Mr. CARPER. Mr. President, I rise to
                                             panies. In short, they have fought for a                Booker             Hirono                Rosen
                                             world in which they and their kids and                  Boozman            Hoeven
                                                                                                                                                              speak in opposition to this amendment,
                                                                                                                                              Rounds
                                             grandchildren could live in a healthy                   Braun              Hyde-Smith            Rubio
                                                                                                                                                              which would make sweeping changes to
                                             and habitable planet.
                                                                                                     Brown              Inhofe                Sasse           bedrock environmental laws. This
                                                                                                     Burr               Johnson               Schatz          amendment would modify the regu-
                                               This legislation invests some $300 bil-               Cantwell           Kaine                 Schumer         latory authorities of the Environ-
                                             lion in energy efficiency and sustain-                  Capito             Kelly
                                                                                                                                              Scott (FL)
                                             able energy, and that is a good thing.                  Cardin             Kennedy
                                                                                                                                              Scott (SC)
                                                                                                                                                              mental Protection Agency and mul-
                                                                                                     Carper             King                                  tiple other Agencies. It would under-
                                             But it invests very little in giving our                Casey              Klobuchar
                                                                                                                                              Shaheen
                                             younger generation the opportunities                    Cassidy            Lankford
                                                                                                                                              Shelby          mine protection of our water quality,
                                                                                                                                              Sinema          weaken air quality protections, harm
                                             to roll up their sleeves and get to work                Collins            Leahy
                                                                                                                                              Smith
                                             in moving our energy system away                        Coons              Lee
                                                                                                                                              Stabenow
                                                                                                                                                              wildlife, and would have significant im-
                                                                                                     Cornyn             Luján                                pacts on vulnerable communities.
                                             from the fossil fuel which is destroying                Cortez Masto       Lummis                Sullivan
                                             our planet.                                             Cotton             Manchin               Tester            At a time when we need to be moving
                                                                                                     Cramer             Markey                Thune           toward stable clean energy sources, it
                                               This amendment invests $30 billion in                                                          Tillis
                                                                                                     Crapo              Marshall                              would focus instead on fracking and
                                             a Civilian Conservation Corps, which                    Cruz               McConnell             Toomey
                                             would create 400,000 jobs for young peo-                Daines             Menendez              Tuberville      would prohibit us from considering the
                                             ple. They will be paid a living wage,                   Duckworth          Merkley               Van Hollen      impacts of greenhouse gas emissions in
                                                                                                     Durbin             Moran                 Warner          Federal decisions.
                                             given benefits toward higher education,                                                          Warnock
                                                                                                     Ernst              Murkowski                               And thus, I urge my colleagues to
                                             and be trained for good union, clean-                   Feinstein          Murphy                Warren
                                             energy jobs.                                            Fischer            Murray                Whitehouse      vote no.
                                               Let us stand with the young people                    Gillibrand         Ossoff                Wicker                            POINT OF ORDER
                                             who have led the fight against climate                  Graham             Padilla               Wyden
                                                                                                     Grassley           Paul                  Young
                                                                                                                                                                Mr. President, I raise a point of order
                                             change. I urge a ‘‘yes’’ vote for the Ci-                                                                        that the pending amendment violates
                                             vilian Conservation Corps.                                                NOT VOTING—1                           section 313(b)(1)(D) of the Congres-
                                               The PRESIDING OFFICER. The Sen-                                          Blackburn                             sional Budget Act of 1974.
                                             ator from South Carolina.                                 The amendment (No. 5209) was re-                         The PRESIDING OFFICER. The Sen-
                                               Mr. GRAHAM. Mr. President, I would                    jected.                                                  ator from West Virginia.
                                             urge a no. This has been tried before by                  The PRESIDING OFFICER. The Sen-                                          MOTION TO WAIVE
                                             my colleague Senator SANDERS. This                      ator from West Virginia.                                   Mrs. CAPITO. Mr. President, pursu-
                                             would give hundreds of thousands of
                                                                                                          AMENDMENT NO. 5383 TO AMENDMENT NO. 5194            ant to section 904 of the Congressional
                                             people enlisting free housing, free food,
                                                                                                       (Purpose: To expedite consideration                    Budget Act and relevant budget resolu-
                                             transportation, educational costs.
                                               We have a weak economy. Every time                    of permits and provide regulatory cer-                   tions, I move to waive, and I ask for
                                             I rise to speak, we ruin the government                 tainty for infrastructure and energy                     the yeas and nays.
                                             in a different way. If you really want                  projects.)                                                 The PRESIDING OFFICER. Is there a
                                             to help the American people, secure                       Mrs. CAPITO. Mr. President, I call up                  sufficient second?
                                             their border. If you want to hire any-                  my amendment No. 5383 and ask that it                      There appears to be a sufficient sec-
                                             body new, hire a Border Patrol agent,                   be reported by number.                                   ond.
                                             not 87,000 IRS agents, not a climate                      The PRESIDING OFFICER. The                               The question is on agreeing to the
                                             corps.                                                  clerk will report.                                       motion to waive.
                                               I know these are well-intentioned,                      The legislative clerk read as follows:                   The clerk will call the roll.
                                             but we are living in a very tenuous                       The Senator from West Virginia [Mrs. CAP-                The bill clerk called the roll.
                                             time for the American people, and                       ITO], for herself and Mr. INHOFE, proposes an              Mr. THUNE. The following Senator is
                                             their needs are not being met tonight.                  amendment numbered 5383 to No. Amend-                    necessarily absent: the Senator from
                                                                                                     ment No. 5194.                                           Alabama (Mr. SHELBY).
                                             Every problem they have is being made
                                             worse. We don’t need a climate corps                      (The amendment is printed in today’s                     The yeas and nays resulted—yeas 49,
                                             right now, quite frankly. We need to                    RECORD under ‘‘Text of Amendments.’’)                    nays 50, as follows:
                                             secure a broken border before terror-                     The PRESIDING OFFICER. The Sen-                                    [Rollcall Vote No. 300 Leg.]
                                             ists come across and kill a bunch of us.                ator from West Virginia.                                                      YEAS—49
                                               Vote no.                                                Mrs. CAPITO. Mr. President, I rise to                  Barrasso           Cramer           Hyde-Smith
                                                       VOTE ON AMENDMENT NO. 5209                    offer a commonsense permitting re-                       Blackburn          Crapo            Inhofe
                                                                                                     form amendment. There has been a lot                     Blunt              Cruz             Johnson
                                               The PRESIDING OFFICER. The




dlhill on DSK120RN23PROD with SENATE
                                                                                                                                                              Boozman            Daines           Kennedy
                                             question is on agreeing to the amend-                   of talk and promises about a supposed                    Braun              Ernst            Lankford
                                             ment.                                                   deal or fixing our Nation’s broken per-                  Burr               Fischer          Lee
                                               Mr. SANDERS. I ask for the yeas and                   mitting system, but we have yet to see                   Capito             Graham           Lummis
                                                                                                     any legislative text.                                    Cassidy            Grassley         Marshall
                                             nays.                                                                                                            Collins            Hagerty          McConnell
                                               The PRESIDING OFFICER. Is there a                       My amendment delivers these re-                        Cornyn             Hawley           Moran
                                             sufficient second?                                      forms right now. Among these reforms                     Cotton             Hoeven           Murkowski




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                                                         August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                            CORRECTION              S4183
                                                         Paul              Sasse              Toomey               Mr. WYDEN. Mr. President, unfortu-                     The motion to commit is as follows:
                                                         Portman           Scott (FL)         Tuberville
                                                         Risch             Scott (SC)         Wicker
                                                                                                                 nately, this amendment is just bad                       [Ms. COLLINS] moves to commit the bill
                                                         Romney            Sullivan           Young              news. This amendment lowers capital                    H.R. 5376 to the Committee on Finance of the
                                                         Rounds            Thune                                 gains taxes, and it is more tax give-                  Senate with instructions to report the same
                                                         Rubio             Tillis                                aways to the most fortunate.                           back to the Senate in 3 days, not counting
                                                                             NAYS—50                               And if you are a wealthy tax cheat,                  any day in which the Senate is not in ses-
                                                                                                                                                                        sion, with changes that—
                                                         Baldwin           Hickenlooper       Reed               you can rest easy because Republican                     (1) are within the jurisdiction of such com-
                                                         Bennet            Hirono             Rosen              budget cuts at the IRS mean you can
                                                         Blumenthal        Kaine
                                                                                                                                                                        mittee; and
                                                                                              Sanders            get away with breaking the law scot-
                                                         Booker            Kelly              Schatz
                                                                                                                                                                          (2) that none of the amounts made avail-
                                                         Brown             King               Schumer
                                                                                                                 free. I urge my colleagues to vote no.                 able under section 10301 shall be used to hire
                                                         Cantwell          Klobuchar          Shaheen              Mr. GRASSLEY. Do I have some                         any new employee until 90 percent of Inter-
                                                         Cardin            Leahy              Sinema             time left?                                             nal Revenue Service employees employed as
                                                         Carper            Luján             Smith                                                                     of the date of the enactment of this Act are
                                                         Casey             Manchin                                 The PRESIDING OFFICER. All time
                                                                                              Stabenow                                                                  working in person at an Internal Revenue
                                                         Coons             Markey                                has expired.
                                                         Cortez Masto      Menendez
                                                                                              Tester                                                                    Service office or job site.
                                                                                              Van Hollen                     VOTE ON AMENDMENT NO. 5421
                                                         Duckworth         Merkley                                                                                        The PRESIDING OFFICER. The Sen-
                                                         Durbin            Murphy             Warner               The question is on agreeing to the                   ator from Maine.
                                                         Feinstein         Murray             Warnock            amendment.
                                                         Gillibrand        Ossoff             Warren                                                                      Ms. COLLINS. Mr. President, the un-
                                                                                              Whitehouse
                                                                                                                   Mr. GRASSLEY. I ask for the yeas                     derlying bill provides billions of dollars
                                                         Hassan            Padilla
                                                         Heinrich          Peters             Wyden              and nays.                                              to the IRS to hire 87,000 additional
                                                                                                                   The PRESIDING OFFICER. Is there a                    auditors, yet more than 50 percent of
                                                                         NOT VOTING—1
                                                                                                                 sufficient second?                                     the current IRS employees have yet to
                                                                           Shelby
                                                                                                                   There appears to be a sufficient sec-                return to their offices or work sites.
                                                           The   PRESIDING OFFICER (Mr.                          ond.                                                     Here are the consequences: Four out
                                                         KELLY). On this vote, the yeas are 49,                    The clerk will call the roll.                        of five phone calls from taxpayers go
                                                         the nays are 50.                                          The senior assistant legislative clerk
                                                           Three-fifths of the Senators duly cho-                                                                       unanswered; 21 million returns have
                                                                                                                 called the roll.                                       not been processed; refunds are taking
                                                         sen and sworn not having voted in the                     The result was announced—yeas 49,
                                                         affirmative, the motion is not agreed                                                                          6 months or more.
                                                                                                                 nays 51, as follows:                                     My motion would simply prohibit the
                                                         to.                                                                 [Rollcall Vote No. 301 Leg.]
                                                           The point of order is sustained, and                                                                         IRS from using these billions of dollars
                                                                                                                                      YEAS—49                           to add 87,000 new employees prior to
                                                         the amendment falls.
                                                           The Senator from Iowa.                                Barrasso          Graham                Risch          bringing 90 percent of their workforce
                                                                                                                 Blackburn         Grassley              Romney         back to the office.
                                                           AMENDMENT NO. 5421 TO AMENDMENT NO. 5194              Blunt             Hagerty               Rounds
                                                           (Purpose: To amend the Internal Rev-                  Boozman           Hawley                                 I would note that that 87,000 number
                                                                                                                                                         Rubio
                                                         enue Code of 1986 to modify the max-                    Braun             Hoeven                Sasse          is more than the combined employees
                                                         imum capital gains tax rate, to provide
                                                                                                                 Burr              Hyde-Smith            Scott (FL)     at the Pentagon, the State Depart-
                                                                                                                 Capito            Inhofe
                                                         a partial exclusion for interest received               Cassidy           Johnson
                                                                                                                                                         Scott (SC)     ment, the FBI, and the Border Patrol
                                                                                                                                                         Shelby         agents combined.
                                                         by individuals, to provide inflation ad-                Collins           Kennedy
                                                                                                                                                         Sullivan
                                                                                                                 Cornyn            Lankford                               The PRESIDING OFFICER. The Sen-
                                                         justments for certain tax benefits, and                 Cotton            Lee
                                                                                                                                                         Thune
                                                                                                                                                         Tillis         ator’s time has expired.
                                                         for other purposes.)                                    Cramer            Lummis
                                                           Mr. GRASSLEY. I ask to call up                        Crapo             Marshall              Toomey           The Senator from Michigan.
                                                         amendment No. 5421, and I ask that it                   Cruz              McConnell             Tuberville       Mr. PETERS. Mr. President, this mo-
                                                                                                                 Daines            Moran                 Wicker         tion is meant to delay or kill this bill.
                                                         be reported by number.                                  Ernst             Murkowski             Young
                                                           The PRESIDING OFFICER. The                                                                                   If adopted, it would harm the IRS’s
                                                                                                                 Fischer           Portman
                                                         clerk will report.                                                                                             ability to carry out its duties by pre-
                                                                                                                                      NAYS—51                           venting the Agency from hiring new
                                                           The senior assistant legislative clerk
                                                         read as follows:                                        Baldwin           Hickenlooper          Peters         workers.
                                                                                                                 Bennet            Hirono                Reed             Federal employees are returning to
                                                           The Senator from Iowa [Mr. GRASSLEY]                  Blumenthal        Kaine                 Rosen
                                                         proposes an amendment numbered 5421 to                  Booker            Kelly                 Sanders        in-person work, but Agencies need
                                                         amendment No. 5194.                                     Brown             King                  Schatz         flexibility that telework and remote
                                                           (The amendment is printed in today’s
                                                                                                                 Cantwell          Klobuchar             Schumer        work provide to compete with the pri-
                                                                                                                 Cardin            Leahy                 Shaheen
                                                         RECORD under ‘‘Text of Amendments’’.)                   Carper            Luján                Sinema
                                                                                                                                                                        vate sector, retain qualified workers,
                                                           Mr. GRASSLEY. It is 4:50 a.m., and I                  Casey             Manchin               Smith          and serve the American people effec-
                                                         want all the people who thought that                    Coons             Markey                Stabenow       tively.
                                                                                                                 Cortez Masto      Menendez              Tester           Telework can also ensure Federal
                                                         inflation was going to be transitory to                 Duckworth         Merkley               Van Hollen
                                                         understand that it is persistent, and                   Durbin            Murphy                Warner         employees can continue to serve the
                                                         that persistence of inflation has hurt                  Feinstein         Murray                Warnock        people and stay safe if COVID variants
                                                         the Tax Code that tries to help middle-                 Gillibrand        Ossoff                Warren         or other public health threats disrupt
                                                                                                                 Hassan            Padilla               Whitehouse
                                                         class America.                                          Heinrich          Paul                  Wyden
                                                                                                                                                                        in-person work.
                                                           So my amendment fixes this by pro-                                                                             Remote and telework options allow
                                                                                                                   The amendment (No. 5421) was re-                     the IRS to hire the workforce they
                                                         viding inflation relief to the middle
                                                                                                                 jected.                                                need across the entire country so they
                                                         class by increasing family and edu-
                                                                                                                   The PRESIDING OFFICER. The Sen-                      can crack down on tax cheats and
                                                         cation tax provisions to account for
                                                                                                                 ator from Maine.                                       make sure big corporations are paying
                                                         Biden inflation.
                                                           Moreover, the bill includes important                      MOTION TO COMMIT WITH INSTRUCTIONS                their fair share.
                                                         savings incentives that will enable                       Ms. COLLINS. Mr. President, I have                     I urge my colleagues to oppose this
                                                         middle-class Americans to save tax-                     a motion at the desk.                                  motion so we can pass this bill today.
                                                         free, ensuring that they aren’t taxed on                  The PRESIDING OFFICER. The                                        ORDER OF BUSINESS




sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
                                                         phantom income resulting from infla-                    clerk will report.                                       Mr. President, I ask unanimous con-
                                                         tion.                                                     The bill clerk read as follows:                      sent that following disposition of the
                                                           So I urge my Members to support                         The Senator from Maine [Ms. COLLINS]                 Collins motion to commit, the fol-
                                                         this. Particularly when you have in                     moves to commit the bill to the Committee              lowing amendments be the next Repub-
                                                         this Tax Code things that benefit the                   on Finance with instructions.                          lican amendments in order: Kennedy
                                                         rich who can afford Teslas for $80,000,                   Ms. COLLINS. Mr. President, I ask                    amendment No. 5387, and Rubio motion
                                                         you can surely do something for mid-                    unanimous consent that the reading of                  to commit.
                                                         dle-class America.                                      the motion be dispensed with.                            The PRESIDING OFFICER. Is there
                                                           The PRESIDING OFFICER. The Sen-                         The PRESIDING OFFICER. Without                       objection?
                                                         ator from Oregon.                                       objection, it is so ordered.                             Without objection, it is so ordered.



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                                             S4184                                             CONGRESSIONAL RECORD — SENATE                                                              August 6, 2022
                                               The Senator from Maine.                                 (2) SCHEDULE.—Not fewer than 2 area-wide              Ernst              Lee            Sasse
                                                                                                     oil and gas lease sales required under para-            Fischer            Lummis         Scott (FL)
                                                               VOTE ON MOTION                                                                                Graham             Marshall
                                                                                                     graph (1) shall be held each year during the                                              Scott (SC)
                                               Ms. COLLINS. Mr. President, I re-                                                                             Grassley           McConnell      Shelby
                                                                                                     period described in that paragraph in the fol-          Hagerty            Moran
                                             quest the yeas and nays.                                lowing planning areas of the Gulf of Mexico                                               Sullivan
                                                                                                                                                             Hawley             Murkowski
                                               The PRESIDING OFFICER. Is there a                     Region of the outer Continental Shelf, as de-           Hoeven             Paul
                                                                                                                                                                                               Thune
                                             sufficient second?                                                                                                                                Tillis
                                                                                                     scribed in the 2017–2022 Outer Continental              Hyde-Smith         Portman        Toomey
                                               There appears to be a sufficient sec-                 Shelf Oil and Gas Leasing Proposed Final                Inhofe             Risch
                                                                                                                                                                                               Tuberville
                                             ond.                                                    Program (November 2016):                                Johnson            Romney
                                                                                                                                                                                               Wicker
                                               The question is on agreeing to the                      (A) The Central Gulf of Mexico Planning               Kennedy            Rounds
                                                                                                                                                             Lankford                          Young
                                                                                                                                                                                Rubio
                                             motion.                                                 Area.
                                               The clerk will call the roll.                           (B) The Western Gulf of Mexico Planning                                    NAYS—50
                                               The senior assistant legislative clerk                Area.                                                   Baldwin            Hickenlooper   Reed
                                             called the roll.                                          (b) COOK INLET OIL AND GAS LEASE                      Bennet             Hirono         Rosen
                                               The result was announced—yeas 50,                     SALES.—The Secretary shall conduct not                  Blumenthal         Kaine          Sanders
                                                                                                     fewer than 1 oil and gas lease sale under the           Booker             Kelly          Schatz
                                             nays 50, as follows:                                    Outer Continental Shelf Lands Act (43 U.S.C.            Brown              King           Schumer
                                                         [Rollcall Vote No. 302 Leg.]                                                                        Cantwell           Klobuchar      Shaheen
                                                                                                     1331 et seq.) in the Cook Inlet Planning Area
                                                                                                                                                             Cardin             Leahy          Sinema
                                                                  YEAS—50                            of the Alaska Region of the outer Conti-                Carper             Luján
                                                                                                     nental Shelf, as described in the 2017–2022                                               Smith
                                             Barrasso          Graham             Portman                                                                    Casey              Manchin
                                                                                                                                                                                               Stabenow
                                             Blackburn         Grassley           Risch              Outer Continental Shelf Oil and Gas Leasing             Coons              Markey
                                             Blunt             Hagerty                                                                                                                         Tester
                                                                                  Romney             Proposed Final Program (November 2016),                 Cortez Masto       Menendez
                                             Boozman           Hawley                                                                                        Duckworth                         Van Hollen
                                                                                  Rounds             during the period beginning on July 1, 2022,                               Merkley
                                             Braun             Hoeven                                                                                        Durbin             Murphy         Warner
                                                                                  Rubio              and ending on June 30, 2027.
                                             Burr              Hyde-Smith                                                                                    Feinstein          Murray         Warnock
                                                                                  Sasse
                                             Capito            Inhofe                                 Mr. KENNEDY. Mr. President, on                         Gillibrand         Ossoff         Warren
                                                                                  Scott (FL)
                                             Cassidy           Johnson            Scott (SC)         March 31 of this year, my two friends                   Hassan             Padilla        Whitehouse
                                             Collins           Kennedy                               Senator JOE MANCHIN and Senator                         Heinrich           Peters         Wyden
                                                                                  Shelby
                                             Cornyn            Lankford
                                             Cotton            Lee
                                                                                  Sullivan           MARK KELLY wrote to President Biden:                      The amendment (No. 5387) was re-
                                                                                  Thune
                                             Cramer            Lummis                                  We are writing to urge you to develop and             jected.
                                             Crapo             Marshall           Tillis
                                                                                  Toomey
                                                                                                     implement a new 5-year program for oil and                The PRESIDING OFFICER. The Sen-
                                             Cruz              McConnell                             gas production in the Gulf of Mexico without
                                             Daines            Moran              Tuberville                                                                 ator from Florida.
                                                                                  Wicker             delay.
                                             Ernst             Murkowski                                                                                            MOTION TO COMMIT WITH INSTRUCTIONS
                                             Fischer           Paul               Young                My amendment would fulfill that re-                     Mr. RUBIO. Mr. President, I have a
                                                                 NAYS—50                             quest and make it a congressional di-                   motion at the desk.
                                             Baldwin           Hickenlooper       Reed               rective.                                                  The PRESIDING OFFICER. The
                                             Bennet            Hirono             Rosen                The PRESIDING OFFICER. The Sen-                       clerk will report the motion.
                                             Blumenthal        Kaine              Sanders            ator from Hawaii.
                                             Booker            Kelly
                                                                                                                                                               The bill clerk read as follows:
                                                                                  Schatz               Mr. SCHATZ. Mr. President, this
                                             Brown             King               Schumer                                                                      The Senator from Florida [Mr. RUBIO]
                                             Cantwell          Klobuchar          Shaheen
                                                                                                     leasing requirement would be in addi-                   moves to commit the bill to the Committee
                                             Cardin            Leahy              Sinema             tion to the leasing that is already re-                 on the Judiciary with instructions.
                                             Carper            Luján             Smith              quired by this bill, with 75 percent of
                                             Casey             Manchin                                                                                         Mr. RUBIO. Mr. President, I ask
                                                                                  Stabenow           offshore leased acres not yet being used
                                             Coons             Markey
                                                                                  Tester
                                                                                                                                                             unanimous consent that the reading be
                                             Cortez Masto      Menendez                              to produce oil and gas. Opening up                      dispensed with.
                                             Duckworth                            Van Hollen
                                                               Merkley                               more acres to leasing is unnecessary.
                                             Durbin            Murphy             Warner                                                                       The PRESIDING OFFICER. Without
                                             Feinstein         Murray             Warnock            The main thing is that the passage of                   objection, it is so ordered.
                                             Gillibrand        Ossoff             Warren             this amendment would jeopardize the                       The motion is as follows:
                                             Hassan            Padilla            Whitehouse         whole package.                                            Mr. RUBIO moves to commit the bill H.R.
                                             Heinrich          Peters             Wyden
                                                                                                       Therefore, I urge a ‘‘no’’ vote.                      5376 to the Committee on the Judiciary of
                                              The motion was rejected.                                 Mr. KENNEDY. Mr. President, do I                      the Senate with instructions to report the
                                              The PRESIDING OFFICER (Mr.                             have any time left?                                     same back to the Senate in 3 days, not
                                             OSSOFF). The Senator from Louisiana.                                                                            counting any day in which the Senate is not
                                                                                                       The PRESIDING OFFICER. Twenty
                                               AMENDMENT NO. 5387 TO AMENDMENT NO. 5194
                                                                                                                                                             in session, with changes that—
                                                                                                     seconds.                                                  (1) are within the jurisdiction of such com-
                                               Mr. KENNEDY. Mr. President, I call                      Mr. KENNEDY. Mr. President, all my                    mittee; and
                                             up my amendment No. 5387 and ask                        amendment does is to take Senator                         (2) would increase funding to ensure that—
                                             that it be reported by number.                          MANCHIN’s letter and Senator KELLY’s                      (A) prosecutors are addressing violent
                                               The PRESIDING OFFICER. The                            letter—well-written,     well-reasoned—                 crime by ensuring the appropriate pretrial
                                             clerk will report.                                      and make it a congressional directive.                  detention of dangerous criminals; and
                                               The senior assistant legislative clerk                That is all it does.                                      (B) law enforcement is addressing crime.
                                             read as follows:                                                    VOTE ON AMENDMENT NO. 5387                    Mr. RUBIO. Mr. President, I don’t
                                               The Senator from Louisiana [Mr. KENNEDY]
                                                                                                       The PRESIDING OFFICER. The                            think I need to tell anybody here that
                                             proposes an amendment numbered 5387 to                                                                          our work is at its best when it is fo-
                                             amendment No. 5194.                                     question is on agreeing to the amend-
                                                                                                     ment.                                                   cused on what people care about. Let
                                               The amendment is as follows:                                                                                  me tell you what people care about.
                                                                                                       Mrs. BLACKBURN. Mr. President, I
                                              (Purpose: To require oil and gas lease sales
                                                                                                     ask for the yeas and nays.                              They don’t care as much about buying
                                                     in the outer Continental Shelf)                                                                         solar panels and electric cars as they
                                                                                                       The PRESIDING OFFICER. Is there a
                                               At the appropriate place in subtitle B of                                                                     do about not having to live in a com-
                                             title V, insert the following:                          sufficient second?
                                                                                                                                                             munity where violent crime is rampant
                                             SEC. 502lll. MANDATORY OUTER CONTI-                       There appears to be a sufficient sec-
                                                                                                                                                             and you have some crazy prosecutor
                                                      NENTAL SHELF OIL AND GAS LEASE                 ond.
                                                      SALES.                                                                                                 who refuses to put people in jail, who
                                                                                                       The clerk will call the roll.
                                              (a) GULF OF MEXICO OIL AND GAS LEASE                                                                           refuses to prosecute entire categories
                                                                                                       The senior assistant legislative clerk
                                             SALES.—                                                                                                         of crime.
                                                                                                     called the roll.
                                              (1) REQUIREMENT.—Subject to paragraph                                                                            People are worried about that, and
                                             (2), the Secretary of the Interior (acting                The result was announced—yeas 50,
                                                                                                                                                             rightfully so. And it is happening. We
                                             through the Director of the Bureau of Ocean             nays 50, as follows:
                                                                                                                                                             have these beautiful cities that were




dlhill on DSK120RN23PROD with SENATE
                                             Energy Management) (referred to in this sec-                        [Rollcall Vote No. 303 Leg.]                once world-class cities that have be-
                                             tion as the ‘‘Secretary’’) shall conduct not                                 YEAS—50                            come unlivable all over this country
                                             fewer than 10 area-wide oil and gas lease
                                             sales under the Outer Continental Shelf
                                                                                                     Barrasso          Burr                  Cotton          because we have these lunatic prosecu-
                                                                                                     Blackburn         Capito                Cramer          tors that have decided that there are
                                             Lands Act (43 U.S.C. 1331 et seq.) during the           Blunt             Cassidy               Crapo
                                             period beginning on July 1, 2022, and ending            Boozman           Collins               Cruz            entire categories of crime they will not
                                             on June 30, 2027.                                       Braun             Cornyn                Daines          prosecute.



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                                                         August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                CORRECTION               S4185
                                                           That is the kind of stuff we should be                                      NAYS—50                            gling to support their constituents.
                                                         working on here tonight, all night                      Baldwin             Hickenlooper         Reed            These frontline public servants provide
                                                         long. If you want to spend all night                    Bennet              Hirono               Rosen           for the safety and well-being of their
                                                                                                                 Blumenthal          Kaine                Sanders
                                                         working on something, work on that.                     Booker              Kelly
                                                                                                                                                                          friends and neighbors, typically using
                                                                                                                                                          Schatz
                                                         Don’t waste time on stuff that doesn’t                  Brown               King                 Schumer         funds derived from local property
                                                         matter to real people working every                     Cantwell            Klobuchar            Shaheen         taxes.
                                                         single day who are not going to be driv-                Cardin              Leahy                Sinema            However, in many counties, these
                                                                                                                 Carper              Luján               Smith
                                                         ing an electric car next year or the                    Casey               Manchin                              Federal neighbors of sorts don’t pay
                                                                                                                                                          Stabenow
                                                         year after that, but they might get                     Coons               Markey
                                                                                                                                                          Tester
                                                                                                                                                                          property taxes, but they draw heavily
                                                         mugged, but they might be a victim of                   Cortez Masto        Menendez                             on the resources made available by
                                                                                                                 Duckworth                                Van Hollen
                                                                                                                                     Merkley
                                                         a violent crime.                                        Durbin              Murphy               Warner          these local governments. Rescuing
                                                           So what this does is it sends it to the               Feinstein           Murray               Warnock         hikers, paving roads, addressing forest
                                                                                                                 Gillibrand          Ossoff               Warren          fires—these are just a few of the vital
                                                         Judiciary Committee and asks them, in                                                            Whitehouse
                                                                                                                 Hassan              Padilla                              services that these communities honor-
                                                         3 days, come back with some ideas                       Heinrich            Peters               Wyden
                                                         about how you can spend just a little                                                                            ably provide even though they receive
                                                                                                                  The motion was rejected.                                little to no compensation for them.
                                                         bit of these billions of dollars that we                 The PRESIDING OFFICER                            (Mr.
                                                         are throwing away on this garbage—                                                                                 My amendment would institute a
                                                                                                                 LUJÁN). The majority whip.                              supplemental PILT Program—payment
                                                         how we can spend a little bit of that
                                                                                                                                   ORDER OF BUSINESS
                                                         money to put criminals in jail so                                                                                in lieu of taxes—an additional PILT
                                                                                                                   Mr. DURBIN. Mr. President, I ask                       payment increasing funds by nearly 10
                                                         Americans no longer have to live in
                                                                                                                 unanimous consent that the following                     percent. It would not make these com-
                                                         fear in their communities.
                                                                                                                 amendments be the next Republican                        munities completely whole by pro-
                                                           The PRESIDING OFFICER. The ma-                        amendments in order: 5316, Lee; 5418,
                                                         jority whip.                                                                                                     viding true tax equivalency, but it
                                                                                                                 Shelby; Motion to Commit, Tim Scott;                     would make a huge difference. If Amer-
                                                           Mr. DURBIN. Mr. President, the sen-                   5263, Cruz; 5425, Daines; 5361, Ernst;                   icans want to continue to safely enjoy
                                                         ior Senator from Florida says we                        5360, Fischer; 5265, Cruz; 5385, Kennedy;                our national parks, monuments, for-
                                                         should stop our efforts on reconcili-                   motion to waive budget with respect to
                                                                                                                                                                          ests, and general landscape, we must
                                                         ation until we put money in law en-                     insulin; 5472, Thune; 5406 Hagerty; 5224,
                                                                                                                                                                          ensure this program, PILT, continues
                                                         forcement. So we checked the record.                    Portman; motion to commit, Hoeven;
                                                                                                                                                                          to serve as a reliable source of income
                                                         When we put billions in local commu-                    Cruz motion to commit on vaccines;
                                                                                                                                                                          as property taxes would were Federal
                                                         nities for law enforcement in the                       Cruz motion to commit on targeting
                                                                                                                                                                          lands subject to property tax.
                                                         American Rescue Plan, the senior Sen-                   parents; further, that the Sanders
                                                                                                                                                                            I urge my colleagues to support this
                                                         ator from Florida voted no.                             amendment No. 5208 occur following
                                                                                                                                                                          amendment.
                                                           And when it came to the Omnibus                       the Scott motion to commit; and Sand-
                                                                                                                                                                            The PRESIDING OFFICER. The Sen-
                                                         bill and Byrne grants and COPS money                    ers No. 5281 following the Daines
                                                                                                                                                                          ator from Maryland.
                                                         that local organizations and law en-                    amendment No. 5425.
                                                                                                                   The PRESIDING OFFICER. Without                           Mr. VAN HOLLEN. Mr. President, I
                                                         forcement needed so they could be                                                                                urge my colleagues to oppose the
                                                         stronger and fight crime, 31 Repub-                     objection, it is so ordered.
                                                                                                                   The Senator from Utah.                                 amendment from the Senator of Utah.
                                                         licans voted no, including the senior                                                                            This would take out one of the provi-
                                                                                                                      AMENDMENT NO. 5316 TO AMENDMENT NO. 5194
                                                         Senator from Florida.                                                                                            sions in the bill which will directly
                                                                                                                   Mr. LEE. Mr. President, I call up my
                                                           So I would suggest we vote no on his                                                                           help homeowners save money on their
                                                                                                                 amendment No. 5316 and ask that it be
                                                         amendment.                                                                                                       heating bills and on their cooling bills.
                                                                                                                 reported by number.
                                                           Mr. RUBIO. Mr. President, do I have                     The PRESIDING OFFICER. The                             It does so by giving them a rebate for
                                                         time remaining?                                         clerk will report.                                       home energy efficiency improvements,
                                                           The PRESIDING OFFICER. The Sen-                         The bill clerk read as follows:                        and then they will save for the rest of
                                                         ator’s time has expired.                                  The Senator from Utah [Mr. LEE] proposes               their lives in their home.
                                                                     VOTE ON MOTION TO COMMIT                    an amendment numbered 5316.                                I also find it a little ironic this would
                                                                                                                      The amendment is as follows:                        put money in local governments, which
                                                           The question is on agreeing to the                                                                             our Republican colleagues said have re-
                                                                                                                 (Purpose: To reduce funding for home energy
                                                         motion.                                                                                                          ceived too much money under the
                                                                                                                   performance based, whole-house rebates
                                                           Mr. GRASSLEY. I ask for the yeas                        and to provide funding for supplemental                American Rescue Plan, and you have
                                                         and nays.                                                 payments under the payments in lieu of                 been trying to claw that back.
                                                           The PRESIDING OFFICER. Is there a                       taxes program)                                           I would urge my colleagues to stick
                                                         sufficient second?                                        At the appropriate place in subtitle B of              with the provision in the bill. It is an
                                                           There appears to be a sufficient sec-                 title V, insert the following:                           important part of the bill that both
                                                                                                                 SEC. 502ll. SUPPLEMENTAL PAYMENTS UNDER
                                                         ond.                                                               THE PAYMENTS IN LIEU OF TAXES
                                                                                                                                                                          provides consumers with savings and to
                                                           The clerk will call the roll.                                    PROGRAM.                                      address the climate crisis.
                                                           The senior assistant legislative clerk                  In addition to amounts otherwise avail-                  I urge my colleagues to reject the
                                                         called the roll.                                        able, there is appropriated to the Secretary             amendment.
                                                                                                                 for fiscal year 2022, out of any money in the                        VOTE ON AMENDMENT NO. 5316
                                                           The result was announced—yeas 50,                     Treasury      not   otherwise    appropriated,
                                                         nays 50, as follows:                                    $460,000,000, to remain available through Sep-             The PRESIDING OFFICER. The
                                                                                                                 tember 30, 2031, to provide supplemental pay-            question is on agreeing to the amend-
                                                                     [Rollcall Vote No. 304 Leg.]
                                                                                                                 ments to general units of local government               ment.
                                                                             YEAS—50                             for each of fiscal years 2022 through 2031                 Mr. LEE. I call for the yeas and nays.
                                                         Barrasso          Graham             Portman            under chapter 69 of title 31, United States                The PRESIDING OFFICER. Is there a
                                                         Blackburn         Grassley           Risch              Code, with the amount of the supplemental                sufficient second?
                                                         Blunt             Hagerty            Romney             payment for each fiscal year to be deter-
                                                         Boozman           Hawley                                                                                           There appears to be a sufficient sec-




sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
                                                                                              Rounds             mined by the Secretary, based on the propor-
                                                         Braun             Hoeven             Rubio                                                                       ond.
                                                         Burr              Hyde-Smith                            tional share of the payment received by the
                                                                                              Sasse
                                                                                                                 general unit of local government under that                The clerk will call the roll.
                                                         Capito            Inhofe             Scott (FL)
                                                         Cassidy           Johnson                               chapter for the applicable fiscal year.                    The legislative clerk called the roll.
                                                                                              Scott (SC)
                                                         Collins           Kennedy                               SEC. 502ll. REDUCTION OF APPROPRIATION                     The result was announced—yeas 49,
                                                                                              Shelby
                                                         Cornyn            Lankford
                                                                                              Sullivan
                                                                                                                           FOR HOME ENERGY PERFORMANCE-                   nays 51, as follows:
                                                         Cotton            Lee                                             BASED, WHOLE-HOUSE REBATES.
                                                         Cramer            Lummis
                                                                                              Thune                                                                                   [Rollcall Vote No. 305 Leg.]
                                                                                              Tillis               Notwithstanding section 50121(a)(1), the
                                                         Crapo             Marshall                              amount appropriated under that section                                        YEAS—49
                                                         Cruz              McConnell          Toomey
                                                                                              Tuberville         shall be $3,840,000,000.                                 Barrasso          Braun           Cassidy
                                                         Daines            Moran                                                                                          Blackburn         Burr            Cornyn
                                                         Ernst             Murkowski          Wicker              Mr. LEE. Mr. President, across the
                                                                                                                                                                          Boozman           Capito          Cotton
                                                         Fischer           Paul               Young              Nation, local governments are strug-



                                                   VerDate Sep 11 2014   20:01 Sep 07, 2022   Jkt 029060   PO 00000    Frm 00135   Fmt 4637   Sfmt 0634    E:\RECORD22\AUGUST\S06AU2.REC       S06AU2
                                             S4186                                             CONGRESSIONAL RECORD — SENATE                                                            August 6, 2022
                                             Cramer            Johnson            Rounds               (D) grant the qualified application; and                         [Rollcall Vote No. 306 Leg.]
                                             Crapo             Kennedy            Rubio                (2) with respect to previously awarded coal                               YEAS—50
                                             Cruz              Lankford           Sasse              leases, grant any additional approvals of the          Barrasso          Graham
                                             Daines            Lee                Scott (FL)                                                                                                  Portman
                                             Ernst             Lummis             Scott (SC)
                                                                                                     Department of the Interior or any bureau,              Blackburn         Grassley        Risch
                                             Fischer           Marshall           Shelby             agency, or division of the Department of the           Blunt             Hagerty         Romney
                                             Graham            McConnell          Sullivan           Interior required for mining activities to             Boozman           Hawley          Rounds
                                             Grassley          Moran              Thune              commence.                                              Braun             Hoeven          Rubio
                                             Hagerty           Murkowski          Tillis                                                                    Burr              Hyde-Smith      Sasse
                                             Hawley            Paul               Toomey               Mr. SHELBY. Mr. President, my                        Capito            Inhofe          Scott (FL)
                                             Hoeven            Portman            Tuberville         amendment requires that the Sec-                       Cassidy           Johnson         Scott (SC)
                                             Hyde-Smith        Risch              Wicker             retary of the Interior—requires that he                Collins           Kennedy
                                                                                                                                                                                              Shelby
                                             Inhofe            Romney             Young                                                                     Cornyn            Lankford
                                                                                                     complete, or she, pending coal lease ap-               Cotton            Lee
                                                                                                                                                                                              Sullivan
                                                                 NAYS—51                             plications under the Bureau of Land                    Cramer                            Thune
                                                                                                                                                                              Lummis
                                                                                                                                                            Crapo             Marshall        Tillis
                                             Baldwin           Heinrich           Reed               Management.                                                                              Toomey
                                             Bennet            Hickenlooper       Rosen                                                                     Cruz              McConnell
                                             Blumenthal        Hirono
                                                                                                       I believe we cannot allow the Biden                  Daines            Moran           Tuberville
                                                                                  Sanders
                                             Blunt             Kaine                                 administration to block the mining of                  Ernst             Murkowski       Wicker
                                                                                  Schatz
                                                                                                                                                            Fischer           Paul            Young
                                             Booker            Kelly              Schumer            our own essential energy resources and
                                             Brown             King               Shaheen            building materials.                                                        NAYS—50
                                             Cantwell          Klobuchar          Sinema
                                             Cardin            Leahy              Smith
                                                                                                       I urge my colleagues to support our                  Baldwin           Hickenlooper    Reed
                                             Carper            Luján                                coal miners and vote ‘‘yes’’ on this                   Bennet            Hirono          Rosen
                                                                                  Stabenow                                                                  Blumenthal        Kaine
                                             Casey             Manchin                                                                                                                        Sanders
                                                                                  Tester             amendment.                                             Booker            Kelly
                                             Collins           Markey                                                                                                                         Schatz
                                             Coons                                Van Hollen           Basically, the amendment would re-                   Brown             King
                                                               Menendez                                                                                                                       Schumer
                                                                                  Warner                                                                    Cantwell          Klobuchar
                                             Cortez Masto      Merkley
                                                                                  Warnock
                                                                                                     quire that the Secretary of the Interior                                                 Shaheen
                                             Duckworth         Murphy                                                                                       Cardin            Leahy           Sinema
                                             Durbin            Murray             Warren             to complete pending coal lease proc-                   Carper            Luján          Smith
                                             Feinstein         Ossoff             Whitehouse         esses for both metallurgical and ther-                 Casey             Manchin
                                                                                                                                                                                              Stabenow
                                             Gillibrand        Padilla            Wyden              mal coal.                                              Coons             Markey
                                                                                                                                                                                              Tester
                                             Hassan            Peters                                                                                       Cortez Masto      Menendez
                                                                                                       Currently, the administration has                    Duckworth         Merkley
                                                                                                                                                                                              Van Hollen
                                               The amendment (No. 5316) was re-                      paused the Lease by Application pro-                   Durbin            Murphy          Warner
                                                                                                                                                                                              Warnock
                                             jected.                                                 gram for Federal coal leases at the Bu-                Feinstein         Murray
                                                                                                                                                            Gillibrand        Ossoff          Warren
                                               The PRESIDING OFFICER. The Sen-                       reau of Land Management and so forth.                                                    Whitehouse
                                                                                                                                                            Hassan            Padilla
                                             ator from Alabama.                                        It does not change the law. It simply                Heinrich          Peters          Wyden
                                               AMENDMENT NO. 5418 TO AMENDMENT NO. 5194              seeks to raise revenue by accelerating                   The amendment (No. 5418) was re-
                                               Mr. SHELBY. Mr. President, I call up                  and ensuring approval of leases that                   jected.
                                             my amendment No. 5418 and ask that it                   are currently paused by the Depart-                      The PRESIDING OFFICER. The Sen-
                                             be reported by number.                                  ment of the Interior.                                  ator from South Dakota.
                                               The PRESIDING OFFICER. The                              It makes a lot of sense to the Amer-                         UNANIMOUS CONSENT AGREEMENT
                                             clerk will report.                                      ican people, and it will put a lot of peo-               Mr. THUNE. Mr. President, I ask
                                               The legislative clerk read as follows:                ple back to work.                                      unanimous consent that all remaining
                                               The Senator from Alabama [Mr. SHELBY]                   I urge adoption. Amen.                               votes be 10 minutes in duration.
                                             proposes an amendment numbered 5418 to                                                                           The PRESIDING OFFICER. Is there
                                                                                                       The PRESIDING OFFICER. The Sen-
                                             amendment No. 5194.                                                                                            objection?
                                                                                                     ator from Oregon.
                                               The amendment is as follows:                                                                                   Without objection, it is so ordered.
                                                                                                       Mr. MERKLEY. Mr. President, this
                                             (Purpose: To end the President’s War on Coal            amendment does require that the Sec-                     The Senator from South Carolina.
                                                  through the approval of coal leases)                                                                                      MOTION TO COMMIT
                                                                                                     retary of the Interior grant leases for
                                               At the end of part 6 of subtitle B of title V,        coal mining, but granting more leases                    Mr. SCOTT of South Carolina. Mr.
                                             add the following:                                                                                             President, I have a motion at the desk.
                                                                                                     for coal mining is going to do nothing
                                             SEC. 5026lllll. MANDATORY LEASING FOR
                                                                                                     for our coal miners today because we                     The PRESIDING OFFICER. The
                                                        CERTAIN QUALIFIED APPLICATIONS.                                                                     clerk will report the motion.
                                               (a) DEFINITIONS.—In this section:                     are in the situation where the existing
                                                                                                     coal mines are looking for more cus-                     The legislative clerk read as follows:
                                               (1) COAL LEASE.—The term ‘‘coal lease’’
                                                                                                     tomers. That is the challenge; not                       The Senator from South Carolina [Mr.
                                             means a lease entered into by the United
                                                                                                                                                            SCOTT] moves to commit the bill to the Com-
                                             States as lessor, through the Bureau of Land            more leases.                                           mittee on Finance with an instruction to re-
                                             Management, and the applicant on Bureau of                So I know that if this was something                 port.
                                             Land Management Form 3400-012.                          that would help the coal miners, that
                                                (2) QUALIFIED APPLICATION.—The term                                                                           Mr. SCOTT OF South Carolina. Mr.
                                             ‘‘qualified application’’ means any applica-
                                                                                                     it would already be in this bill, given                President, I ask unanimous consent
                                             tion pending under the lease by application             the knowledge and understanding of                     that the reading be dispensed with.
                                             program administered by the Bureau of Land              my colleague from West Virginia.                         The motion to commit is as follows:
                                             Management pursuant to the Mineral Leas-                  So jeopardizing the employment of                      Mr. SCOTT of South Carolina moves to
                                             ing Act (30 U.S.C. 181 et seq.) and subpart             existing coal miners is certainly not in               commit the bill H.R. 5376 to the Committee
                                             3425 of title 43, Code of Federal Regulations           the interest of any of us, and I urge my               on Finance of the Senate with instructions
                                             (as in effect on October 1, 2021), for which the                                                               to report the same back to the Senate in 3
                                                                                                     colleagues to vote no on this amend-
                                             environmental review process under the Na-                                                                     days, not counting any day in which the Sen-
                                             tional Environmental Policy Act of 1969 (42             ment.
                                                                                                                                                            ate is not in session, with changes that—
                                             U.S.C. 4321 et seq.) has commenced.                               VOTE ON AMENDMENT NO. 5418                     (1) are within the jurisdiction of such com-
                                                (b) MANDATORY LEASING AND OTHER RE-                    The PRESIDING OFFICER. The                           mittee;
                                             QUIRED APPROVALS.—As soon as practicable                                                                         (2) eliminate additional Internal Revenue
                                             after the date of enactment of this Act, the
                                                                                                     question is on agreeing to the amend-
                                                                                                                                                            Service funding for enforcement; and
                                             Secretary shall promptly—                               ment.                                                    (3) establish a child opportunity tax credit
                                                (1) with respect to each qualified applica-            Mr. LEE. Mr. President, I ask for the                for individuals that—
                                             tion—                                                   yeas and nays.                                           (A) addresses the learning loss of students
                                                (A) if not previously published for public             The PRESIDING OFFICER. Is there a                    as a result of prolonged school closures; and
                                             comment, publish a draft environmental as-                                                                       (B) does not result in a projected revenue
                                                                                                     sufficient second?
                                             sessment, as required under the National En-                                                                   loss over the 10-year budget window of more
                                             vironmental Policy Act of 1969 (42 U.S.C. 4321            There appears to be a sufficient sec-                than $45,637,400,000.




dlhill on DSK120RN23PROD with SENATE
                                             et seq.) and any applicable implementing                ond.
                                                                                                                                                              The PRESIDING OFFICER. The Sen-
                                             regulations;                                              The clerk will call the roll.
                                                (B) finalize the fair market value of the
                                                                                                                                                            ator from South Carolina.
                                                                                                       The senior assistant executive clerk                   Mr. SCOTT of South Carolina. Mr.
                                             coal tract for which a lease by application is
                                             pending;                                                called the roll.                                       President, in this underlying bill, there
                                                (C) take all intermediate actions necessary            The result was announced—yeas 50,                    is $87 billion for the IRS. The Demo-
                                             to grant the qualified application; and                 nays 50, as follows:                                   crats want to make the IRS—the three



                                       VerDate Sep 11 2014   03:40 Aug 08, 2022   Jkt 029060   PO 00000   Frm 00136   Fmt 4637   Sfmt 0634   E:\CR\FM\A06AU6.047   S06AUPT1
                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                       S4187
                                             letters you never want to see in your                   Thune              Toomey                Wicker             (B) in clauses (i) and (ii) of subsection
                                                                                                     Tillis             Tuberville            Young           (e)(4)(C), by striking ‘‘in 2021’’ and inserting
                                             mailbox—bigger than the Pentagon,
                                             the State Department, the FBI, and                                            NAYS—50                            ‘‘after December 31, 2020, and before January
                                                                                                                                                              1, 2026’’, and
                                             the Border Patrol combined.                             Baldwin            Hickenlooper          Reed
                                                                                                     Bennet             Hirono                Rosen
                                                                                                                                                                 (C) in subsection (f)—
                                                Instead, what my motion does is that                                                                             (i) in paragraph (1), by striking ‘‘or’’,
                                                                                                     Blumenthal         Kaine                 Sanders
                                             it would take $45 billion from enforce-                 Booker             Kelly                 Schatz             (ii) in paragraph (2), by striking the period
                                             ment and give it to parents so that                     Brown              King                  Schumer         at the end and inserting ‘‘, or before October
                                             they can help their kids make up for                    Cantwell           Klobuchar             Shaheen         1, 2022, or’’, and
                                                                                                     Cardin             Leahy                                    (iii) by adding at the end the following new
                                             the learning loss that occurred during                  Carper             Luján
                                                                                                                                              Sinema
                                             the pandemic.                                                                                    Smith           paragraph:
                                                                                                     Casey              Manchin
                                                                                                                                              Stabenow           ‘‘(3) any period after December 31, 2025.’’.
                                                And oh, by the way, when you think                   Coons              Markey
                                                                                                                                              Tester
                                                                                                     Cortez Masto       Menendez                                 (2) ANNUAL ADVANCE AMOUNT.—Section
                                             about the size of the IRS and when you                                                           Van Hollen      7527A(b) is amended—
                                                                                                     Duckworth          Merkley
                                             think about the enforcement, realize                    Durbin             Murphy                Warner             (A) in paragraph (1)—
                                             that according to the CBO, 90 percent                   Feinstein          Murray                Warnock
                                                                                                                                                                 (i) in subparagraph (A), by inserting ‘‘or
                                                                                                     Gillibrand         Ossoff                Warren
                                             of the targeting would be on household                                                                           based on any other information known to
                                                                                                     Hassan             Padilla               Whitehouse
                                             incomes under $200,000.                                 Heinrich           Peters                Wyden           the Secretary’’ after ‘‘reference taxable
                                                I urge my colleagues to support my                                                                            year’’,
                                             motion.                                                   The motion was rejected.                                  (ii) in subparagraph (C), by inserting ‘‘un-
                                                The PRESIDING OFFICER. The Sen-                        The PRESIDING OFFICER (Ms. COR-                        less determined by the Secretary based on
                                                                                                     TEZ   MASTO).   The    Senator from                      any information known to the Secretary,’’
                                             ator from Oregon.                                                                                                before ‘‘the only children’’, and
                                                Mr. WYDEN. Mr. President, once                       Vermont.
                                                                                                                                                                 (iii) in subparagraph (D), by inserting ‘‘un-
                                             again, this sends the bill back to com-                        AMENDMENT NO. 5208, AS MODIFIED, TO
                                                                                                                                                              less determined by the Secretary based on
                                                                                                                  AMENDMENT NO. 5194
                                             mittee and kills Democratic efforts to                                                                           any information known to the Secretary,’’
                                             reduce the cost of prescription medi-                     Mr. SANDERS. Madam President, I                        before ‘‘the ages of’’, and
                                             cine, reduce health insurance pre-                      call up amendment No. 5208, as modi-                        (B) in paragraph (3)(A)(ii), by striking ‘‘
                                             miums, reduce carbon emissions, and                     fied, and I ask that it be reported by                   provided by the taxpayer’’ and inserting
                                             crack down on wealthy tax cheats. And                   number.                                                  ‘‘provided, or known,’’.
                                                                                                       The PRESIDING OFFICER. The                                (3) MONTHLY PAYMENTS.—
                                             if you are a wealthy tax cheat, you can                                                                             (A) IN GENERAL.—Section 7527A(a) is
                                             rest easily because Republican budget                   clerk will report.
                                                                                                                                                              amended to read as follows:
                                             cuts at the IRS mean that you can get                     The Senator from Vermont [Mr. SANDERS],
                                                                                                     for himself and Mr. MERKLEY, proposes an                    ‘‘(a) IN GENERAL.—The Secretary shall es-
                                             away with breaking the law scot-free.                                                                            tablish a program for making monthly pay-
                                                                                                     amendment numbered 5208, as modified, to
                                                I urge my colleagues to vote no.                     amendment No. 5194.                                      ments to taxpayers in amounts equal to 1/12
                                                Mr. SCOTT of South Carolina. Mr.                                                                              of the annual advance amount with respect
                                                                                                          The amendment is as follows:
                                             President, how much time do I have                                                                               to such taxpayer.’’.
                                             left?                                                   (Purpose: To extend the special rules for the               (B)     MODIFICATIONS     DURING     CALENDAR
                                                                                                       child tax credit that applied for 2021 and to          YEAR.—Section 7527A(b)(3), as amended by
                                                The PRESIDING OFFICER. Two sec-                        increase the corporate tax rate)                       the preceding provisions of this Act, is
                                             onds.
                                                                                                       At the end of title I, insert the following:           amended—
                                                Mr. SCOTT of South Carolina. Two                                                                                 (i) by amending subparagraph (A)(ii) to
                                                                                                              Subtitle E—Other Provisions
                                             seconds or 22 seconds?                                                                                           read as follows:
                                                                                                     SEC. 14001. AMENDMENT OF 1986 CODE.
                                                The PRESIDING OFFICER. Two sec-                                                                                  ‘‘(ii) any other information provided, or
                                                                                                       Except as otherwise expressly provided,
                                             onds.                                                                                                            known, to the Secretary which allows the
                                                                                                     whenever in this subtitle an amendment or
                                                Mr. SCOTT of South Carolina. Mr.                                                                              Secretary to more accurately estimate the
                                                                                                     repeal is expressed in terms of an amend-
                                             President, what we know already is                                                                               amount treated as allowed under subpart C
                                                                                                     ment to, or repeal of, a section or other pro-
                                             that 9.1 percent of inflation is already                                                                         of part IV of subchapter A of chapter 1 by
                                                                                                     vision, the reference shall be considered to
                                                                                                                                                              reason of section 24(i)(1) with respect to the
                                             ravaging middle-income Americans. I                     be made to a section or other provision of
                                                                                                                                                              taxpayer for the reference taxable year.’’,
                                             cannot believe that we will not take                    the Internal Revenue Code of 1986.
                                                                                                                                                              and
                                             the time and do what is best for the                            PART 1—CHILD TAX CREDIT                             (ii) in subparagraph (B), by striking ‘‘peri-
                                             American people, and especially those                   SEC. 14101. EXTENSIONS AND MODIFICATIONS.                odic payment’’ both places it appears and in-
                                             making under $200,000.                                    (a) EXTENSIONS.—                                       serting ‘‘monthly payment’’.
                                                         VOTE ON MOTION TO COMMIT                      (1) EXTENSION OF CHILD TAX CREDIT.—Sec-                   (C)     CONFORMING     AMENDMENT.—Section
                                                                                                     tion 24(i) is amended—                                   7527A(c)(2) is amended by striking ‘‘sub-
                                               The PRESIDING OFFICER. The
                                                                                                        (A) by striking ‘‘January 1, 2026’’ in the            section (b)(3)(B)’’ and inserting ‘‘subsection
                                             question is on agreeing to the motion                   matter preceding paragraph (1) and inserting             (b)(3)’’.
                                             to commit.                                              ‘‘January 1, 2026’’, and                                    (4) ELIGIBILITY FOR ADVANCE PAYMENTS LIM-
                                               Mr. SCOTT of South Carolina. I ask                       (B) by inserting ‘‘AND 2022’’ after ‘‘2021’’ in       ITED BASED ON MODIFIED ADJUSTED GROSS IN-
                                             for the yeas and nays.                                  the heading thereof.                                     COME.—Section 7527A(b) is amended by add-
                                               The PRESIDING OFFICER. Is there a                        (2) EXTENSION OF PROVISIONS RELATED TO                ing at the end the following new paragraph:
                                             sufficient second?                                      POSSESSIONS OF THE UNITED STATES.—                          ‘‘(6) LIMITATION BASED ON MODIFIED AD-
                                                                                                        (A) Section 24(k)(2)(B) is amended—                   JUSTED GROSS INCOME.—
                                               There appears to be a sufficient sec-
                                                                                                        (i) by striking ‘‘December 31, 2021’’ in the             ‘‘(A) IN GENERAL.—If the modified adjusted
                                             ond.                                                                                                             gross income of the taxpayer for the ref-
                                                                                                     matter preceding clause (i) and inserting
                                               The clerk will call the roll.                         ‘‘December 31, 2025’’, and                               erence taxable year exceeds the applicable
                                               The legislative clerk called the roll.                   (ii) by striking ‘‘AFTER 2021’’ in the head-          threshold amount with respect to such tax-
                                               The result was announced—yeas 50,                     ing thereof and inserting ‘‘AFTER 2025’’.                payer (as defined in section 24(i)(4)(B)), the
                                             nays 50, as follows:                                       (B) Section 24(k)(3)(C)(ii) is amended—               annual advance amount with respect to such
                                                         [Rollcall Vote No. 307 Leg.]                   (i) in subclause (I), by striking ‘‘in 2021’’         taxpayer shall be zero.
                                                                                                     and inserting ‘‘after December 31, 2020, and                ‘‘(B) EXCEPTION FOR MODIFICATIONS MADE
                                                                  YEAS—50
                                                                                                     before January 1, 2026’’ after ‘‘2021,’’, and            DURING THE CALENDAR YEAR.—Subparagraph
                                             Barrasso          Ernst              McConnell             (ii) in subclause (II), by striking ‘‘Decem-          (A) shall not apply to a reference taxable
                                             Blackburn         Fischer            Moran                                                                       year taken into account by reason of para-
                                                                                                     ber 31, 2021’’ and inserting ‘‘December 31,
                                             Blunt             Graham             Murkowski
                                             Boozman           Grassley                              2026’’.                                                  graph (3)(A)(i) or subsection (c) if the tax-
                                                                                  Paul
                                             Braun             Hagerty                                  (C) The heading of section 24(k)(2)(A) is             payer received one or more payments under
                                                                                  Portman
                                             Burr              Hawley             Risch              amended by inserting ‘‘THROUGH 2025’’ after              subsection (a) for months in the calendar
                                             Capito            Hoeven             Romney             ‘‘2021’’.                                                year which precede the month for which such




dlhill on DSK120RN23PROD with SENATE
                                             Cassidy           Hyde-Smith         Rounds                (b) EXTENSION AND MODIFICATION OF AD-                 reference taxable year will be taken into ac-
                                             Collins           Inhofe                                VANCE PAYMENT.—                                          count.’’.
                                                                                  Rubio
                                             Cornyn            Johnson                                  (1) IN GENERAL.—Section 7527A is amend-
                                                                                  Sasse                                                                          (5) ADVANCE PAYMENTS TO PUERTO RICO
                                             Cotton            Kennedy
                                                                                  Scott (FL)         ed—                                                      RESIDENTS.—Section 7527A(e)(4) is amended—
                                             Cramer            Lankford
                                             Crapo             Lee                Scott (SC)            (A) in subsection (b)(1), by striking ‘‘50 per-          (A) in subparagraph (A), by striking ‘‘The
                                             Cruz              Lummis             Shelby             cent of’’ and inserting ‘‘100 percent (25 per-           advance’’ and inserting ‘‘Except as provided
                                             Daines            Marshall           Sullivan           cent in the case of calendar year 2022) of’’,            in subparagraph (D), the advance’’, and




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                                             S4188                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2022
                                                (B) by adding at the end the following new           termining the credit allowed under this sec-              ‘‘(l) REFUNDABLE CREDIT AFTER 2022.—In
                                             subparagraph:                                           tion for such taxable year.’’.                         the case of any taxable year beginning after
                                                ‘‘(D) ADVANCE PAYMENTS TO PUERTO RICO                  (e) RULES RELATING TO RECONCILIATION OF              December 31, 2022, if the taxpayer (in the
                                             RESIDENTS FOR CERTAIN YEARS.—For the pe-                CREDIT AND ADVANCE CREDIT.—Section 24(j)               case of a joint return, either spouse) has a
                                             riod beginning on October 1, 2022, and ending           is amended by adding at the end the fol-               principal place of abode in the United States
                                             on December 31, 2022, the Secretary may                 lowing new paragraphs:                                 (determined as provided in section 32) for
                                             apply this section without regard to subpara-             ‘‘(3) JOINT RETURNS.—Except as otherwise             more than one-half of the taxable year or is
                                             graph (A)(i).’’.                                        provided by the Secretary, in the case of an           a bona fide resident of Puerto Rico (within
                                                (c) ELECTION TO APPLY INCOME PHASEOUT                advance payment made under section 7527A               the meaning of section 937(a)) for such tax-
                                             ON BASIS OF INCOME FROM THE PRECEDING                   with respect to a joint return, half of such           able year—
                                             TAXABLE YEAR.—Section 24(i) is amended by               payment shall be treated as having been                  ‘‘(1) subsection (d) shall not apply, and
                                             adding at the end the following new para-               made to each individual filing such return.              ‘‘(2) so much of the credit determined
                                             graph:                                                    ‘‘(4) COORDINATION WITH POSSESSIONS OF THE           under subsection (a) (after application of
                                                ‘‘(5) ELECTION TO APPLY INCOME PHASEOUT              UNITED STATES.—For purposes of this sub-               paragraph (1)) as does not exceed the amount
                                             ON BASIS OF INCOME FROM THE PRECEDING TAX-              section, payments made under section 7527A             of such credit which would be so determined
                                             ABLE YEAR.—In the case of a taxpayer who                include payments made by any jurisdiction              without regard to subsection (h)(4) shall be
                                             elects (at such time and in such manner as              other than the United States under section             allowed under subpart C (and not allowed
                                             the Secretary may provide) the application              7527A of the income tax law of such jurisdic-          under this subpart)’’.
                                             of this paragraph for any taxable year, para-           tion, and advance payments made by Amer-                 (b) CONFORMING AMENDMENTS RELATED TO
                                             graph (4) and subsection (b)(1) shall both be           ican Samoa pursuant to a plan described in             POSSESSIONS OF THE UNITED STATES.—
                                             applied with respect to the modified adjusted           subsection (k)(3)(B). In carrying out this sec-          (1) PUERTO RICO.—Section 24(k)(2)(B), as
                                             gross income (as defined in subsection (b))             tion, the Secretary shall coordinate with              amended by the preceding provisions of this
                                             for the taxpayer’s preceding taxable year.’’.           each possession of the United States to pre-           Act, is amended to read as follows:
                                                                                                     vent any application of this paragraph that              ‘‘(B) APPLICATION TO TAXABLE YEARS AFTER
                                                (d) SAFE HARBOR EXCEPTION FOR FRAUD
                                                                                                     is inconsistent with the purposes of this sub-         2022.—For application of refundable credit to
                                             AND INTENTIONAL DISREGARD OF RULES AND
                                                                                                     section.’’.                                            residents of Puerto Rico for taxable years
                                             REGULATIONS.—
                                                                                                       (f) DISCLOSURE OF INFORMATION RELATING               after 2022, see subsection (l).’’.
                                                (1) IN GENERAL.—Section 24(j)(2)(B) is               TO JOINT FILERS AND ADVANCE PAYMENT OF
                                             amended—                                                                                                         (2)         AMERICAN          SAMOA.—Section
                                                                                                     CHILD TAX CREDIT.—Section 6103(e) is amend-            24(k)(3)(C)(ii)(II), as amended by the pre-
                                                (A) by striking ‘‘qualified’’ each place it          ed by adding at the end the following new
                                             appears in clause (iv)(II) and inserting                                                                       ceding provisions of this Act, is amended to
                                                                                                     paragraph:                                             read as follows:
                                             ‘‘qualifying’’, and                                       ‘‘(12) DISCLOSURE OF INFORMATION RELATING
                                                (B) by adding at the end the following new                                                                    ‘‘(II) if such taxable year begins after De-
                                                                                                     TO JOINT FILERS AND ADVANCE PAYMENT OF                 cember 31, 2022, subsection (l) shall be ap-
                                             clause:                                                 CHILD TAX CREDIT.—In the case of an indi-
                                                ‘‘(v) EXCEPTION FOR FRAUD AND INTENTIONAL                                                                   plied by substituting ‘Puerto Rico or Amer-
                                                                                                     vidual to whom the Secretary makes pay-                ican Samoa’ for ‘Puerto Rico’.’’.
                                             DISREGARD OF RULES AND REGULATIONS.—                    ments under section 7527A, if the reference
                                                ‘‘(I) IN GENERAL.—For purposes of deter-                                                                      (c) EFFECTIVE DATE.—The amendments
                                                                                                     taxable     year    (as   defined  in   section        made by this section shall apply to taxable
                                             mining the safe harbor amount under clause              7527A(b)(2)) that the Secretary uses to cal-
                                             (iv) with respect to any taxpayer, an indi-                                                                    years beginning after December 31, 2022.
                                                                                                     culate such payments is a year for which the           SEC. 14103. APPROPRIATIONS.
                                             vidual shall not be treated as taken into ac-           individual filed an income tax return jointly
                                             count in determining the annual advance                                                                          Immediately upon the enactment of this
                                                                                                     with another individual, the Secretary may             Act, in addition to amounts otherwise avail-
                                             amount of such taxpayer if the Secretary de-            disclose to such individual any return infor-
                                             termines that such individual was so taken                                                                     able, there are appropriated out of any
                                                                                                     mation of such other individual which is rel-          money in the Treasury not otherwise appro-
                                             into account due to fraud by the taxpayer or            evant in determining the payment under sec-
                                             intentional disregard of rules and regula-                                                                     priated:
                                                                                                     tion 7527A and the individual’s eligibility for          (1) $3,963,300,000 to remain available until
                                             tions by the taxpayer.                                  such payment, including information regard-
                                                ‘‘(II) ARRANGEMENTS TO TAKE INDIVIDUAL                                                                      September 30, 2026, for necessary expenses
                                                                                                     ing any of the following:                              for the Internal Revenue Service to admin-
                                             INTO ACCOUNT MORE THAN ONCE.—For purposes                  ‘‘(A) The number of specified children, in-
                                             of subclause (I), a taxpayer shall not fail to                                                                 ister the Child Tax Credit, and advance pay-
                                                                                                     cluding by reason of the birth of a child.             ments of the Child Tax Credit, including the
                                             be treated as intentionally disregarding                   ‘‘(B) The name and TIN of specified chil-
                                             rules and regulations with respect to any in-                                                                  costs of disbursing such payments, which
                                                                                                     dren.                                                  shall supplement and not supplant any other
                                             dividual taken into account in determining                 ‘‘(C) Marital status.
                                             the annual advance amount of such taxpayer                                                                     appropriations that may be available for this
                                                                                                        ‘‘(D) Modified adjusted gross income.               purpose, and
                                             if such taxpayer entered into a plan or other              ‘‘(E) Principal place of abode.
                                             arrangement with, or expected, another tax-                                                                      (2) $1,000,000,000 is appropriated to the De-
                                                                                                        ‘‘(F) Any other factor which the Secretary          partment of the Treasury, to remain avail-
                                             payer to take such individual into account in           may provide pursuant to section 7527A(c).’’.
                                             determining the credit allowed under this                                                                      able until September 30, 2026, to support ef-
                                                                                                        (g) REPEAL OF SOCIAL SECURITY NUMBER                forts to increase enrollment of eligible fami-
                                             section for the taxable year.’’.                        REQUIREMENT.—
                                                (2)    ADDITIONAL   MODIFICATION.—Section                                                                   lies in the Child Tax Credit, for advance pay-
                                                                                                        (1) IN GENERAL.—Section 24(h) is amended
                                             24(j)(2)(B)(iv), as amended by the preceding                                                                   ments of the Child Tax Credit, and for other
                                                                                                     by striking paragraph (7).
                                             provisions of this Act, is amended to read as                                                                  tax benefits, including but not limited to
                                                                                                        (2) CONFORMING AMENDMENTS.—
                                             follows:                                                                                                       program outreach, costs of data sharing ar-
                                                                                                        (A) Section 24(h)(1) is amended by striking
                                                ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes                                                                     rangements,       systems     changes,    forms
                                                                                                     ‘‘paragraphs (2) through (7)’’ and inserting
                                             of this subparagraph, the term ‘safe harbor                                                                    changes, and related efforts, and efforts to
                                                                                                     ‘‘paragraphs (2) through (6)’’.
                                             amount’ means, with respect to any tax-                                                                        support the cross-enrollment of beneficiaries
                                                                                                        (B) Section 24(h)(4) is amended by striking
                                             payer for any taxable year, the sum of—                                                                        of other programs in the Child Tax Credit,
                                                                                                     subparagraph (C).
                                                ‘‘(I) an amount equal to the product of                                                                     and for advance payments of the Child Tax
                                                                                                        (h) EFFECTIVE DATE.—
                                             $3,600 multiplied by the excess (if any) of the                                                                Credit, including by establishing intergov-
                                                                                                        (1) IN GENERAL.—Except as provided in
                                             number of qualifying children who have not                                                                     ernmental cooperative agreements with
                                                                                                     paragraphs (2) and (3), the amendments made
                                             attained age 6 as of the close of the calendar                                                                 states and local governments, the District of
                                                                                                     by this section shall apply to taxable years
                                             year in which the taxable year of the tax-                                                                     Columbia, tribal governments, and posses-
                                                                                                     beginning after December 31, 2021.
                                             payer begins, and who are taken into ac-                                                                       sions of the United States: Provided, that
                                                                                                        (2) PAYMENTS.—
                                             count in determining the annual advance                                                                        such amount shall be available in addition to
                                                                                                        (A) The amendments made by paragraphs
                                             amount with respect to the taxpayer under                                                                      any amounts otherwise available: Provided
                                                                                                     (1), (2), (4), and (5) of subsection (b) shall
                                             section 7527A with respect to months begin-                                                                    further, that these funds may be awarded by
                                                                                                     apply to payments after September 30, 2022.
                                             ning in such taxable year, over the number                                                                     federal agencies to state and local govern-
                                                                                                        (B) The amendments made by paragraph (3)
                                             of such qualifying children taken into ac-                                                                     ments, the District of Columbia, tribal gov-
                                                                                                     of subsection (b) shall apply to payments
                                             count in determining the credit allowed                                                                        ernments, and possessions of the United
                                                                                                     after December 31, 2022.
                                             under this section for such taxable year, plus                                                                 States, and private entities, including orga-
                                                                                                        (3) DISCLOSURE OF INFORMATION RELATING
                                                ‘‘(II) an amount equal to the product of                                                                    nizations dedicated to free tax return prepa-
                                                                                                     TO JOINT FILERS AND ADVANCE PAYMENT OF
                                             $3,000 multiplied by the excess (if any) of the                                                                ration and low income taxpayer clinics fund-
                                                                                                     CHILD TAX CREDIT.—The amendment made by




dlhill on DSK120RN23PROD with SENATE
                                             number of qualifying children not described                                                                    ed under section 7526 of the Internal Revenue
                                                                                                     subsection (f) shall take effect on the date of
                                             in clause (I), and who are taken into account                                                                  Code of 1986.
                                                                                                     the enactment of this Act.
                                             in determining the annual advance amount                SEC. 14102. REFUNDABLE CHILD TAX CREDIT                       PART 2—CORPORATE TAX RATE
                                             with respect to the taxpayer under section                          AFTER 2022.                                SEC. 14201. INCREASE IN CORPORATE TAX RATE.
                                             7527A with respect to months beginning in                 (a) IN GENERAL.—Section 24 is amended by               (a) IN GENERAL.—Section 11(b) is amended
                                             such taxable year, over the number of such              adding at the end the following new sub-               to read as follows:
                                             qualifying children taken into account in de-           section:                                                 ‘‘(b) AMOUNT OF TAX.—




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                 S4189
                                                ‘‘(1) IN GENERAL.—The amount of the tax              used with respect to any public utility prop-          this subsection, including regulations or
                                             imposed by subsection (a) shall be the sum              erty for purposes of section 167 or 168 of the         other guidance to provide appropriate co-
                                             of—                                                     Internal Revenue Code of 1986 if the tax-              ordination between this subsection, section
                                                ‘‘(A) 18 percent of so much of the taxable           payer, in computing its cost of service for            13001(d) of Public Law 115-97, and section
                                             income as does not exceed $400,000,                     ratemaking purposes and reflecting oper-               203(e) of the Tax Reform Act of 1986.
                                                ‘‘(B) 21 percent of so much of the taxable           ating results in its regulated books of ac-              Mr. SANDERS. Madam President, pa-
                                             income as exceeds $400,000 but does not ex-             count, reduces the tax reserve deficit less
                                                                                                                                                            thetically, the United States has the
                                             ceed $5,000,000, and                                    rapidly or to a lesser extent than such re-
                                                ‘‘(C) 28 percent of so much of the taxable           serve would be reduced under the average               highest child poverty rate of almost
                                             income as exceeds $5,000,000.                           rate assumption method.                                any major country on Earth, and it is
                                             In the case of a corporation which has tax-                (2) ALTERNATIVE METHOD FOR CERTAIN TAX-             especially high among young people of
                                             able income in excess of $10,000,000 for any            PAYERS.—If, as of the first day of the taxable         color. This is the wealthiest Nation on
                                             taxable year, the amount of tax determined              year that includes the date of enactment of            Earth; we should not have the highest
                                             under the preceding sentence for such tax-              this Act—                                              rate of childhood poverty of almost any
                                             able year shall be increased by the lesser of              (A) the taxpayer was required by a regu-            country.
                                             (i) 3 percent of such excess, or (ii) $362,000.         latory agency to compute depreciation for
                                                                                                                                                              The American Rescue Plan included
                                                ‘‘(2) CERTAIN PERSONAL SERVICE CORPORA-              public utility property on the basis of an av-
                                                                                                     erage life or composite rate method, and               a $300-a-month child tax credit, which
                                             TION NOT ELIGIBLE FOR GRADUATED RATES.—
                                                                                                        (B) the taxpayer’s books and underlying             ended up lowering the child poverty
                                             Notwithstanding paragraph (1), the amount
                                             of the tax imposed by subsection (a) on the             records did not contain the vintage account            rate in America by over 40 percent—
                                             taxable income of a qualified personal serv-            data necessary to apply the average rate as-           over 40 percent reduction in childhood
                                             ice corporation (as defined in section                  sumption method,                                       poverty, which, in my view, was an ex-
                                             448(d)(2)) shall be equal to 28 percent of the          the taxpayer will be treated as using a nor-           traordinary     achievement.     Unfortu-
                                             taxable income.’’.                                      malization method of accounting if, with re-           nately for the millions of working par-
                                                (b) PROPORTIONAL ADJUSTMENT OF DEDUC-                spect to such jurisdiction, the taxpayer uses          ents who benefited from this program,
                                             TION FOR DIVIDENDS RECEIVED.—                           the alternative method for public utility              it expired in December.
                                                (1) IN GENERAL.—Section 243(a)(1) is amend-          property that is subject to the regulatory
                                             ed by striking ‘‘50 percent’’ and inserting ‘‘60                                                                 This amendment would restore the
                                                                                                     authority of that jurisdiction.
                                             percent’’.                                                 (3) DEFINITIONS.—For purposes of this sub-          expanded child tax credit for 4 years
                                                (2) DIVIDENDS FROM 20-PERCENT OWNED COR-             section—                                               and give millions of working families
                                             PORATIONS.—Section 243(c)(1) is amended—                   (A) TAX RESERVE DEFICIT.—The term ‘‘tax             the opportunity to raise their children
                                                (A) prior to amendment by subparagraph               reserve deficit’’ means the excess of—                 in dignity and security, and it would be
                                             (B), by striking ‘‘65 percent’’ and inserting              (i) the amount which would be the balance           fully paid for by restoring the top cor-
                                             ‘‘72.5 percent’’, and                                   in the reserve for deferred taxes (as described        porate tax rate from 21 percent to 28
                                                (B) by striking ‘‘50 percent’’ and inserting         in section 168(i)(9)(A)(ii) of the Internal Rev-       percent.
                                             ‘‘60 percent’’.                                         enue Code of 1986, or section 167(l)(3)(G)(ii) of
                                                (c) CONFORMING AMENDMENT.—Section 1561                                                                        Let us reduce child poverty in Amer-
                                                                                                     such Code as in effect on the day before the
                                             is amended—                                             date of the enactment of the Tax Reform Act            ica. Let us demand that the largest
                                                (1) by amending subsection (a) to read as            of 1986) if the amount of such reserve were            corporations start paying their fair
                                             follows:                                                determined by assuming that the corporate              share of taxes.
                                                ‘‘(a) IN GENERAL.—The component mem-                 rate increases provided in the amendments                I urge my colleagues to vote for this
                                             bers of a controlled group of corporations on           made by this section were in effect for all            amendment.
                                             a December 31 shall, for their taxable years            prior periods, over
                                             which include such December 31, be limited                                                                       The PRESIDING OFFICER. The Sen-
                                                                                                        (ii) the balance in such reserve as of the          ator from Ohio.
                                             for purposes of this subtitle to—
                                                                                                     day before such corporate rate increases                 Mr. BROWN. Madam President, Sen-
                                                ‘‘(1) amounts in each taxable income
                                                                                                     take effect.
                                             bracket in the subparagraphs of section
                                                                                                        (B) AVERAGE RATE ASSUMPTION METHOD.—
                                                                                                                                                            ator SANDERS is right. The child tax
                                             11(b)(1) which do not aggregate more than                                                                      credit is one of the most important
                                                                                                     The average rate assumption method is the
                                             the maximum amount in each such bracket                                                                        things this body did. It brought down
                                                                                                     method under which the excess in the re-
                                             to which a corporation which is not a compo-                                                                   the child poverty rate by 40 percent al-
                                                                                                     serve for deferred taxes is reduced over the
                                             nent member of a controlled group is enti-
                                                                                                     remaining lives of the property as used in its         most immediately. We passed it in
                                             tled, and
                                                                                                     regulated books of account which gave rise             March. The Secretary of the Treasury
                                                ‘‘(2) one $250,000 ($150,000 if any component
                                                                                                     to the reserve for deferred taxes. Under such          had it up and running by July. It made
                                             member is a corporation described in section
                                                                                                     method, if timing differences for the prop-            a huge difference in people’s lives.
                                             535(c)(2)(B)) amount for purposes of com-
                                                                                                     erty reverse, the amount of the adjustment
                                             puting the accumulated earnings credit
                                                                                                     to the reserve for the deferred taxes is cal-
                                                                                                                                                              I appreciate especially the work that
                                             under section 535(c)(2) and (3).                                                                               Senator BENNET and also Senator
                                                                                                     culated by multiplying—
                                             The amounts specified in paragraph (1) shall               (i) the ratio of the aggregate deferred taxes       BOOKER and Senator WARNOCK have
                                             be divided equally among the component                  for the property to the aggregate timing dif-          done on this. But I ask my colleagues
                                             members of such group on such December 31               ferences for the property as of the beginning          to vote no because this will bring the
                                             unless all of such component members con-               of the period in question, by
                                             sent (at such time and in such manner as the
                                                                                                                                                            bill down—a very good bill. We will
                                                                                                        (ii) the amount of the timing differences           continue to work hard on this every
                                             Secretary shall by regulations prescribe) to            which reverse during such period.
                                             an apportionment plan providing for an un-                                                                     step of the way.
                                                                                                        (C) ALTERNATIVE METHOD.—The ‘‘alter-
                                             equal allocation of such amounts. The
                                                                                                     native method’’ is the method in which the
                                                                                                                                                              I yield to Senator BENNET.
                                             amounts specified in paragraph (2) shall be                                                                      The PRESIDING OFFICER. The Sen-
                                                                                                     taxpayer—
                                             divided equally among the component mem-                                                                       ator from Colorado.
                                                                                                        (i) computes the tax reserve deficit on all
                                             bers of such group on such December 31 un-                                                                       Mr. BENNET. Madam President, last
                                             less the Secretary prescribes regulations per-          public utility property included in the plant
                                             mitting an unequal allocation of such                   account on the basis of the weighted average           year, we demonstrated to the American
                                             amounts. Notwithstanding paragraph (1), in              life or composite rate used to compute depre-          people that we don’t have to accept
                                             applying the last sentence of section 11(b)(1)          ciation for regulatory purposes, and                   this outrageous, shameful level of
                                             to such component members, the taxable in-                 (ii) reduces the tax reserve deficit ratably        childhood poverty in our Nation.
                                             come of all such component members shall                over the remaining regulatory life of the
                                                                                                                                                              We have 38 out of 41 industrialized
                                             be taken into account and any increase in               property.
                                                                                                        (4) TREATMENT OF NORMALIZATION VIOLA-               countries in the world in terms of
                                             tax under such last sentence shall be divided
                                                                                                     TION.—If, for any taxable year ending after            childhood poverty. The poorest people
                                             among such component members in the same
                                             manner as amounts under paragraph (1).’’,               the date of the enactment of this Act, the             in our country are our children. And
                                             and                                                     taxpayer does not use a normalization meth-            because we passed this bill last year,
                                                (2) by striking ‘‘ACCUMULATED EARNINGS               od of accounting, such taxpayer shall not be           we demonstrated that doesn’t have to
                                             CREDIT’’ in the heading and inserting ‘‘CER-            treated as using a normalization method of             be a permanent feature of our economy




dlhill on DSK120RN23PROD with SENATE
                                             TAIN MULTIPLE TAX BENEFITS’’.                           accounting for purposes of subsections (f)(2)          or our democracy.
                                                (d) EFFECTIVE DATE.—The amendments                   and (i)(9)(C) of section 168 of the Internal
                                                                                                                                                              We have to fight to make this en-
                                             made by this section shall apply to taxable             Revenue Code of 1986.
                                             years beginning after December 31, 2022.                   (5) REGULATIONS.—The Secretary of the               hanced child tax credit permanent, and
                                                (e) NORMALIZATION REQUIREMENTS.—                     Treasury, or the Secretary’s designee, shall           that is what I will do with people on
                                                (1) IN GENERAL.—A normalization method               issue such regulations or other guidance as            both sides of the aisle. But this does
                                             of accounting shall not be treated as being             may be necessary or appropriate to carry out           not advance that cause because we



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                                             S4190                                             CONGRESSIONAL RECORD — SENATE                                                             August 6, 2022
                                             could lose the underlying bill. There-                       AMENDMENT NO. 5263 TO AMENDMENT NO. 5194             The result was announced—yeas 50,
                                             fore, we should vote against the                          Mr. CRUZ. Madam President, I call                     nays 50, as follows:
                                             amendment.                                              up my amendment No. 5263 and ask                                    [Rollcall Vote No. 309 Leg.]
                                               Mr. SANDERS. Madam President.                         that it be reported by number.                                               YEAS—50
                                               The PRESIDING OFFICER. The Sen-                         The PRESIDING OFFICER. The                            Barrasso          Graham          Portman
                                             ator from Vermont.                                      clerk will report the amendment by                      Blackburn         Grassley        Risch
                                               Mr. SANDERS. If I could ask my                        number.                                                 Blunt             Hagerty         Romney
                                             friend from Ohio, why would passage of                                                                          Boozman           Hawley          Rounds
                                                                                                       The senior assistant legislative clerk                Braun             Hoeven
                                             this amendment or getting 48 votes on                                                                                                             Rubio
                                                                                                     read as follows:                                        Burr              Hyde-Smith      Sasse
                                             this amendment bring the overall bill                     The Senator from Texas [Mr. CRUZ] pro-                Capito            Inhofe          Scott (FL)
                                             down?                                                   poses an amendment numbered 5263 to                     Cassidy           Johnson         Scott (SC)
                                               Mr. BROWN. Madam President, Sen-                      amendment No. 5194.                                     Collins           Kennedy
                                                                                                                                                                                               Shelby
                                                                                                                                                             Cornyn            Lankford
                                             ator SANDERS, the arrangement on this                        The amendment is as follows:                       Cotton            Lee
                                                                                                                                                                                               Sullivan
                                             is that all 50 Democrats are for this.                                                                          Cramer                            Thune
                                                                                                     (Purpose: To strike the $80,000,000,000 slush                             Lummis
                                                                                                                                                             Crapo             Marshall        Tillis
                                             We know every single Republican has                       fund for the Internal Revenue Service to                                                Toomey
                                                                                                                                                             Cruz              McConnell
                                             voted against the child tax credit—not                    prevent the hiring of 87,000 new Internal             Daines            Moran           Tuberville
                                             once last March but twice. We know                        Revenue Service employees that will sur-              Ernst             Murkowski       Wicker
                                             that this is a fragile arrangement, and                   veil and audit the private account informa-           Fischer           Paul            Young
                                             we have to pass it. As much as I like—                    tion and transaction data of innocent
                                                                                                                                                                                 NAYS—50
                                               The PRESIDING OFFICER. The Sen-                         Americans and small businesses)
                                                                                                                                                             Baldwin           Hickenlooper    Reed
                                             ator from Ohio, all time has expired.                     Strike part 3 of subtitle A of title I.               Bennet            Hirono          Rosen
                                               VOTE ON AMENDMENT NO. 5208, AS MODIFIED                 Mr. CRUZ. Madam President, there                      Blumenthal        Kaine           Sanders
                                                                                                     are a lot of bad things in this bill, but               Booker            Kelly           Schatz
                                               The question is on agreeing to the                                                                            Brown             King
                                                                                                     few are worse than the proposal by                                                        Schumer
                                             amendment.                                                                                                      Cantwell          Klobuchar       Shaheen
                                               Mr. KING. I ask for the yeas and                      Democrats in this bill to double the                    Cardin            Leahy           Sinema
                                             nays.                                                   size of the IRS and create 87,000 new                   Carper            Luján          Smith
                                                                                                                                                             Casey             Manchin
                                               The PRESIDING OFFICER. Is there a                     IRS agents. I guarantee you citizens in                 Coons             Markey
                                                                                                                                                                                               Stabenow
                                             sufficient second?                                      every one of our States, if you ask                                                       Tester
                                                                                                                                                             Cortez Masto      Menendez
                                                                                                                                                                                               Van Hollen
                                               There appears to be a sufficient sec-                 them what do they want, they don’t                      Duckworth         Merkley
                                                                                                                                                             Durbin            Murphy          Warner
                                             ond.                                                    want 87,000 new IRS agents.                                                               Warnock
                                                                                                                                                             Feinstein         Murray
                                               The clerk will call the roll.                           And they are not being created to                     Gillibrand        Ossoff          Warren
                                               The senior assistant executive clerk                  audit billionaires or giant corpora-                    Hassan            Padilla         Whitehouse
                                             called the roll.                                        tions; they are being created to audit                  Heinrich          Peters          Wyden
                                               Mr. DURBIN. I announce that the                       you. The House Ways and Means Com-                        The amendment (No. 5263) was re-
                                             Senator from Vermont (Mr. LEAHY) is                     mittee, the minority has put out an es-                 jected.
                                             necessarily absent.                                     timate that, under this bill, there will                  The PRESIDING OFFICER. The Sen-
                                               Mr. THUNE. The following Senator is                   be 1.2 million new audits per year, with                ator from Georgia.
                                             necessarily absent: the Senator from                    over 700,000 of those new audits falling                                AMENDMENT NO. 5262
                                             Alabama (Mr. SHELBY).                                   on taxpayers making $75,000 or less.                      (Purpose: To make health care cov-
                                               The result was announced—yeas 1,                        I believe, personally, we should abol-                erage available to low-income adults in
                                             nays 97, as follows:                                    ish the IRS, but, at a minimum, we                      States that have not expanded Med-
                                                       [Rollcall Vote No. 308 Leg.]                  shouldn’t make the IRS larger than the                  icaid.)
                                                                 YEAS—1                              Pentagon, the State Department, the                       Mr. WARNOCK. Madam President, I
                                                               Sanders                               FBI, and the Border Patrol all com-                     call up amendment No. 5262, and I ask
                                                                 NAYS—97                             bined. That is what the Democrats are                   that it be reported by number.
                                             Baldwin           Grassley           Peters
                                                                                                     proposing here. It is a terrible idea.                    The PRESIDING OFFICER. The
                                             Barrasso          Hagerty            Portman              If you don’t want 87,000 new IRS                      clerk will report.
                                             Bennet            Hassan             Reed               agents, vote yes.                                         The senior assistant executive clerk
                                             Blackburn         Hawley             Risch                The PRESIDING OFFICER. The Sen-                       read as follows:
                                             Blumenthal        Heinrich           Romney
                                             Blunt             Hickenlooper
                                                                                                     ator from Oregon.                                         The Senator from Georgia [Mr. WARNOCK],
                                                                                  Rosen
                                             Booker            Hirono             Rounds
                                                                                                       Mr. WYDEN. Madam President, what                      for himself and others, proposes an amend-
                                             Boozman           Hoeven             Rubio              Americans don’t want is wealthy tax                     ment numbered 5262 to amendment No. 5194.
                                             Braun             Hyde-Smith                            cheats to be able to rest easy because
                                             Brown             Inhofe
                                                                                  Sasse                                                                        (The amendment is printed in today’s
                                             Burr              Johnson
                                                                                  Schatz             Republican budget cuts to the IRS                       RECORD under ‘‘Text of Amendments.’’)
                                                                                  Schumer            mean that they can get away with
                                             Cantwell          Kaine
                                                                                  Scott (FL)
                                                                                                                                                               Mr. WARNOCK. Madam President, I
                                             Capito            Kelly                                 breaking the law scot-free.                             rise on behalf of nearly 41⁄2 million
                                             Cardin            Kennedy            Scott (SC)
                                             Carper            King               Shaheen              And I want everybody in this body to                  Americans in 12 States, including
                                             Casey             Klobuchar          Sinema             understand that, on our watch at the                    646,000 Georgians who, a decade after
                                             Cassidy           Lankford           Smith              Finance       Committee,       we      are              the Affordable Care Act became law,
                                             Collins           Lee                Stabenow           watchdogging this Agency every single
                                             Coons             Luján             Sullivan
                                                                                                                                                             still do not have access to affordable
                                             Cornyn            Lummis             Tester             day because there is no evidence of                     healthcare. They are the working poor.
                                             Cortez Masto      Manchin            Thune              what the Senator from Texas has said                    They are being blocked by Governors
                                             Cotton            Markey             Tillis             is going on with respect to the privacy                 and legislatures.
                                             Cramer            Marshall           Toomey
                                             Crapo             McConnell
                                                                                                     of innocent Americans, and on our                         But, sadly, today they are being be-
                                                                                  Tuberville
                                             Cruz              Menendez           Van Hollen
                                                                                                     watch it is never going to.                             trayed by this body. The bill we are
                                             Daines            Merkley            Warner               I urge opposition.                                    about to pass will rightly strengthen
                                             Duckworth         Moran
                                             Durbin            Murkowski
                                                                                  Warnock                       VOTE ON AMENDMENT NO. 5263                   healthcare access for millions of Amer-
                                                                                  Warren               The PRESIDING OFFICER. The                            icans, but how do we justify doing that
                                             Ernst             Murphy
                                                                                  Whitehouse
                                             Feinstein         Murray                                question is on the amendment.                           while leaving the hard-working fami-
                                             Fischer           Ossoff             Wicker
                                                                                  Wyden                Mr. CRUZ. I ask for the yeas and                      lies in Georgia who gave us this power
                                             Gillibrand        Padilla
                                             Graham            Paul               Young              nays.                                                   in the first place and the other 11 non-
                                                                                                       The PRESIDING OFFICER. Is there a                     expansion States in the cold? My




dlhill on DSK120RN23PROD with SENATE
                                                             NOT VOTING—2
                                                                                                     sufficient second?                                      amendment would simply extend the
                                             Leahy             Shelby                                  There appears to be a sufficient sec-                 same subsidies to them.
                                               The amendment (No. 5208), as modi-                    ond.                                                      If in this bill we can extend tax relief
                                             fied, was rejected.                                       The clerk will call the roll.                         to hedge fund managers, then, surely,
                                               The PRESIDING OFFICER. The Sen-                         The senior assistant legislative clerk                we can extend tax credits as a lifeline
                                             ator from Texas.                                        called the roll.                                        to the working poor.



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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                       S4191
                                               This is a moral moment. The scrip-                    Burr                Hoeven               Risch           the Strategic Petroleum Reserve established
                                                                                                     Cantwell            Hyde-Smith           Romney          under part B of title I of the Energy Policy
                                             ture says: Woe to those who crush the                   Capito              Inhofe               Rosen
                                             poor.                                                                                                            and Conservation Act (42 U.S.C. 6231 et seq.).
                                                                                                     Cardin              Johnson              Rounds            (b) BIDDING REQUIREMENTS ON EXPORT OF
                                               I am asking my Democratic col-                        Carper              Kaine                Rubio
                                                                                                                                                              SPR CRUDE OIL TO CERTAIN COUNTRIES.—
                                             leagues to do the right thing and close                 Casey               Kelly                Sasse
                                                                                                     Cassidy             Kennedy                                (1) IN GENERAL.—Notwithstanding section
                                             this gap.                                                                                        Schatz
                                                                                                     Coons               King                 Schumer         161 of the Energy Policy and Conservation
                                               The PRESIDING OFFICER. The Sen-                       Cornyn              Klobuchar
                                                                                                                                              Scott (FL)      Act (42 U.S.C. 6241), and subject to paragraph
                                             ator from Oregon.                                       Cortez Masto        Lankford                             (2), with respect to the drawdown and sale at
                                                                                                                                              Scott (SC)
                                                                                                     Cotton              Leahy                                auction of any crude oil from the Strategic
                                               Mr. WYDEN. Madam President, the                       Cramer              Lee                  Shaheen
                                             Senator from Georgia is absolutely                      Crapo               Luján               Sinema          Petroleum Reserve after the date of enact-
                                             right in his description of this moral                  Cruz                Lummis               Smith           ment of this Act, the Secretary shall require,
                                                                                                     Daines              Manchin              Stabenow        as a condition of any such sale, that in the
                                             abomination where the citizens he rep-                                                           Sullivan        case of a bid submitted by a bidder that in-
                                                                                                     Duckworth           Markey
                                             resents have no healthcare decency.                     Durbin              Marshall             Tester          tends to export the crude oil to the People’s
                                             And he is right that it stems from the                  Ernst               McConnell            Thune           Republic of China, the bid will not be consid-
                                             decisions of Republican Governors. He                   Feinstein           Menendez             Tillis
                                                                                                                                                              ered by the Secretary to be a valid bid unless
                                                                                                     Fischer             Merkley              Toomey
                                             is talking about individuals with too                   Gillibrand          Moran                Tuberville
                                                                                                                                                              the bidder has submitted a bid 10 times high-
                                             much to qualify for Medicaid and not                    Graham              Murkowski            Van Hollen
                                                                                                                                                              er than the next highest bid received.
                                             enough to get ACA subsidies.                            Grassley            Murphy               Warner            (2) WAIVER.—
                                               Tragically—and I have talked with                     Hagerty             Murray               Warren            (A) IN GENERAL.—On application by a bid-
                                                                                                     Hassan              Padilla              Whitehouse      der, the Secretary may waive, prior to the
                                             my colleague about this—to preserve                     Hawley              Paul                                 date of the applicable auction, the condition
                                                                                                                                              Wicker
                                             the rest of this bill’s health, climate,                Heinrich            Peters               Wyden           described in paragraph (1) with respect to the
                                             and tax policy, it is just not possible—                Hickenlooper        Portman
                                                                                                     Hirono              Reed
                                                                                                                                              Young           sale of crude oil to that bidder at that auc-
                                             as much as I want it—to get this fixed                                                                           tion.
                                             today.                                                                     NOT VOTING—1                            (B) REQUIREMENT.—The Secretary may
                                               I will just close by saying to my col-                                    Shelby                               issue a waiver under subparagraph (A) only if
                                             league that I will work with him every                                                                           the Secretary determines that the waiver is
                                                                                                       The PRESIDING OFFICER (Ms. HAS-                        in the interest of the national security of the
                                             day, day in and day out, until his citi-                SAN). On this vote, the yeas are 5, the                  United States.
                                             zens get the healthcare decency he so                   nays are 94.                                               (C) APPLICATIONS.—A bidder desiring a
                                             correctly calls for this morning.                         Three-fifths of the Senators duly cho-                 waiver under subparagraph (A) shall submit
                                               Reluctantly, I oppose the amend-                      sen and sworn not having voted in the                    to the Secretary an application in such form
                                             ment.                                                   affirmative, the motion is rejected.                     and containing such information as the Sec-
                                               Mr. GRAHAM. I don’t want to get in                      The point of order is sustained and                    retary may require.
                                             the middle off you all’s fight over here,               the amendment falls.                                       Mr. CRUZ. Madam President, this
                                             but am I supposed to read this or not?                    The majority whip.                                     bill represents the most significant as-
                                               The PRESIDING OFFICER. The Sen-                                         ORDER OF BUSINESS                      sault on U.S. energy production the
                                             ator from South Carolina.                                 Mr. DURBIN. Madam President, I ask                     Senate has ever considered.
                                                               POINT OF ORDER                        unanimous consent that the following                       It is designed to bankrupt every coal
                                               Mr. GRAHAM. The pending amend-                        amendments and motions be the next                       miner in America, to dramatically in-
                                             ment No. 5262 offered by Senator                        amendments and motions in order:                         crease gas prices consumers are paying,
                                             WARNOCK contains matters outside the                    5265, Cruz; 5281, Sanders; 5385, Kennedy;                and to permanently harm U.S. oil and
                                             jurisdiction of the Finance Committee.                  motion to waive the budget with re-                      gas production.
                                             Therefore, the amendment is extra-                      spect to insulin; Cruz motion to com-                      There is, however, one group Senate
                                             neous, and I raise a point of order                     mit on vaccines; Cruz motion to com-                     Democrats do not oppose having more
                                             against this amendment pursuant to                      mit targeting parents; and that all pro-                 oil, and that is the Chinese com-
                                             Section 313(b)(1)(C) of the Congres-                    visions under the previous order re-                     munists.
                                             sional Budget Act of 1974.                              main in effect.                                            In the past year, President Biden has
                                                              MOTION TO WAIVE                          The PRESIDING OFFICER. Is there                        sold over 2 million barrels of oil to the
                                               Mr. WARNOCK. Madam President,                         objection?                                               Chinese communist Government from
                                             pursuant to Section 904 of the Congres-                   Without objection, it is so ordered.                   America’s Strategic Petroleum Re-
                                             sional Budget Act of 1974 and waiver                      The Senator from Texas.                                serve. That oil was paid for by U.S.
                                             provisions of applicable budget resolu-                                   AMENDMENT NO. 5265                     taxpayers.
                                             tions, I move to waive all applicable                     Mr. CRUZ. Madam President, I call                        My bill would block the President
                                             sections of that Act and applicable                     up my amendment No. 5265 and ask                         from selling our oil to the Chinese
                                             budget resolutions for purposes of the                  that it be reported by number.                           communists.
                                             pending amendment, and I ask for the                      The PRESIDING OFFICER. The                               I would note also that it was sold to
                                             yeas and the nays.                                      clerk will report.                                       a Chinese company owned by the com-
                                               The PRESIDING OFFICER. The                              The senior assistant executive clerk                   munist government in which a signifi-
                                             question is on agreeing to the motion.                  read as follows:                                         cant stake was owned by a private eq-
                                               Is there a sufficient second?                           The Senator from Texas [Mr. CRUZ] pro-                 uity firm owned in significant part by
                                               There appears to be a sufficient sec-                 poses an amendment numbered 5265 to                      the President’s own son, Hunter Biden.
                                                                                                     amendment No. 5194.                                        If the Democrats don’t want to see
                                             ond.
                                               The clerk will a call the roll.                            The amendment is as follows:                        millions of barrels of U.S. oil sold to
                                               The senior assistant executive clerk                  (Purpose: To provide for certain conditions              the Chinese communists, they should
                                             called the roll.                                          on the export to China of crude oil from               support my amendment.
                                                                                                       the Strategic Petroleum Reserve)                         The PRESIDING OFFICER. The Sen-
                                               Mr. THUNE. The following Senator is
                                             necessarily absent: the Senator from                      At the end of part 6 of subtitle B of title V,         ator from Hawaii.
                                                                                                     add the following:                                                         POINT OF ORDER
                                             Alabama (Mr. SHELBY).
                                                                                                     SEC.     5026ll. CONDITION ON AUCTION OF
                                               The result was announced—yeas 5,                                    CRUDE OIL FROM THE STRATEGIC
                                                                                                                                                                Mr. SCHATZ. Madam President, I
                                             nays 94, as follows:                                                  PETROLEUM RESERVE.                         raise a point of order that the pending
                                                         [Rollcall Vote No. 310 Leg.]                     (a) DEFINITIONS.—In this section:                   amendment violates section 4106 of the
                                                                   YEAS—5                                 (1) BIDDER.—The term ‘‘bidder’’ means an            concurrent resolution on the budget for




dlhill on DSK120RN23PROD with SENATE
                                                                                                     individual or entity bidding or intending to             fiscal year 2018, H. Con. Res. 71, of the
                                             Baldwin           Ossoff             Warnock            bid at an auction of crude oil from the Stra-            115th Congress, the Senate pay-as-you-
                                             Collins           Sanders
                                                                                                     tegic Petroleum Reserve.                                 go point of order.
                                                                 NAYS—94                               (2) SECRETARY.—The term ‘‘Secretary’’
                                                                                                                                                                         VOTE ON MOTION TO WAIVE
                                             Barrasso          Blumenthal         Boozman            means the Secretary of Energy.
                                             Bennet            Blunt              Braun                (3) STRATEGIC PETROLEUM RESERVE.—The                     Mr. CRUZ. Madam President, pursu-
                                             Blackburn         Booker             Brown              term ‘‘Strategic Petroleum Reserve’’ means               ant to section 904 of the Congressional



                                       VerDate Sep 11 2014   03:40 Aug 08, 2022   Jkt 029060   PO 00000    Frm 00141   Fmt 4637   Sfmt 0634    E:\CR\FM\G06AU6.118   S06AUPT1
                                                         S4192               CORRECTION                    CONGRESSIONAL RECORD — SENATE                                                             August 6, 2022
                                                         Budget Act and relevant budget resolu-                  and coal production are the core drivers of             Fischer        Lummis           Schatz
                                                                                                                 the climate and extinction crisis. There can            Gillibrand     Manchin          Schumer
                                                         tions, I move to waive, and I ask for                                                                           Graham         Markey           Scott (FL)
                                                         the yeas and nays.                                      be no new fossil fuel leases, exports or infra-
                                                                                                                                                                         Grassley       Marshall         Scott (SC)
                                                                                                                 structure if we have any hope of preventing
                                                           The PRESIDING OFFICER. Is there a                                                                             Hagerty        McConnell        Shaheen
                                                                                                                 ever-worsening climate crises, catastrophic             Hassan         Menendez         Shelby
                                                         sufficient second?                                      floods, deadly wildfires, and more—all of               Hawley         Merkley          Sinema
                                                           There appears to be a sufficient sec-                 which are ripping across the country as we              Heinrich       Moran            Smith
                                                         ond.                                                    speak. Therefore, we’re calling on you to ful-          Hickenlooper   Murkowski        Stabenow
                                                           The clerk will call the roll.                         fill your promise to lead on climate, starting          Hirono         Murphy           Sullivan
                                                           The senior assistant legislative clerk                with denying approvals for the Mountain                 Hoeven         Murray           Tester
                                                                                                                                                                         Hyde-Smith     Ossoff           Thune
                                                         called the roll.                                        Valley Pipeline, rejecting all new federal fos-         Inhofe         Padilla          Tillis
                                                           The yeas and nays resulted—yeas 54,                   sil fuel leases onshore, in the Gulf of Mexico,         Johnson        Paul             Toomey
                                                         nays 46, as follows:                                    in Alaska and everywhere else, and pre-                 Kaine          Peters           Tuberville
                                                                                                                 venting any fast-tracked permits for fossil             Kelly          Portman          Van Hollen
                                                                   [Rollcall Vote No. 311 Leg.]                                                                          Kennedy        Reed             Warner
                                                                                                                 fuel projects.
                                                                            YEAS—54                                                                                      King           Risch            Warnock
                                                                                                                   This was from 350 environmental or-                   Klobuchar      Romney           Warren
                                                         Barrasso          Graham             Paul
                                                         Blackburn         Grassley           Portman            ganizations, and I agree with those or-                 Lankford       Rosen            Whitehouse
                                                         Blunt             Hagerty            Risch              ganizations.                                            Leahy          Rounds           Wicker
                                                                                                                                                                         Lee            Rubio            Wyden
                                                         Boozman           Hassan             Romney               My amendment would eliminate all                      Luján         Sasse            Young
                                                         Braun             Hawley             Rounds
                                                         Burr              Hoeven             Rubio
                                                                                                                 of the provisions in this bill that would
                                                         Capito            Hyde-Smith         Sasse              benefit the fossil fuel industry, includ-                 The amendment (No. 5281) was re-
                                                         Cassidy           Inhofe             Scott (FL)         ing opening up to 700 million acres of                  jected.
                                                         Collins           Johnson            Scott (SC)         public lands and waters for oil and gas                   The PRESIDING OFFICER. The Sen-
                                                         Cornyn            Kennedy            Shelby
                                                         Cortez Masto      Lankford           Sullivan           drilling.                                               ator from Louisiana.
                                                         Cotton            Lee                Thune                There is a reason why BP and Shell—                     AMENDMENT NO. 5385 TO AMENDMENT NO. 5194
                                                         Cramer            Lummis             Tillis             some of the largest oil companies in                      Mr. KENNEDY. Mr. President, I call
                                                         Crapo             Marshall           Toomey
                                                         Cruz              McConnell          Tuberville
                                                                                                                 this country—are supporting this bill,                  up my amendment No. 5385 and ask
                                                         Daines            Moran              Warnock            and it is not for a good reason.                        that it be reported by number.
                                                         Ernst             Murkowski          Wicker               I urge my colleagues to support the
                                                         Fischer           Ossoff             Young                                                                        The PRESIDING OFFICER. The
                                                                                                                 amendment.
                                                                                                                                                                         clerk will report.
                                                                             NAYS—46                               The PRESIDING OFFICER. The Sen-
                                                                                                                 ator from South Carolina.                                 The legislative clerk read as follows:
                                                         Baldwin           Hirono             Rosen
                                                         Bennet            Kaine              Sanders              Mr. GRAHAM. Mr. President, in the                       The Senator from Louisiana [Mr. KENNEDY]
                                                         Blumenthal        Kelly              Schatz             night or day—or whatever we have                        proposes an amendment numbered 5385 to
                                                         Booker            King               Schumer                                                                    amendment No. 5194.
                                                         Brown             Klobuchar                             been doing as the night has turned into
                                                                                              Shaheen
                                                         Cantwell          Leahy              Sinema             day—of extremes, this is the most ex-                     The amendment is as follows:
                                                         Cardin            Luján             Smith              treme idea yet, and that is saying a                     (Purpose: To provide for discounted insulin
                                                         Carper            Manchin
                                                         Casey             Markey
                                                                                              Stabenow           lot.                                                       for low- and middle-income Americans)
                                                                                              Tester               Senator SANDERS wants to destroy
                                                         Coons             Menendez                                                                                        At the appropriate place, insert the fol-
                                                                                              Van Hollen
                                                         Duckworth         Merkley
                                                                                              Warner
                                                                                                                 fossil fuel exploration at a time you                   lowing:
                                                         Durbin            Murphy                                have got to get a mortgage on your
                                                         Feinstein         Murray             Warren                                                                     SEC. lll. PROVIDING DISCOUNTED INSULIN TO
                                                         Gillibrand        Padilla            Whitehouse         house to fill up your car. So I want you                           LOW- AND MIDDLE-INCOME AMERI-
                                                         Heinrich          Peters             Wyden              to understand what is being proposed:                              CANS.
                                                         Hickenlooper      Reed                                  Shutting down American fossil fuel ex-                    (a) IN GENERAL.—There is appropriated to
                                                           The    PRESIDING OFFICER (Mr.                         ploration will make us more dependent                   the Secretary of Health and Human Services
                                                         HEINRICH). On this vote, the yeas are                   on fossil fuels that are in the hands of                (referred to in this section as the ‘‘Sec-
                                                                                                                 the bad guys. Gas is $4.08 a gallon right               retary’’), out of any monies in the Treasury
                                                         54, the nays are 46.
                                                                                                                 now.                                                    not otherwise appropriated, $3,100,000,000 for
                                                           Three-fifths of the Senators duly cho-                                                                        fiscal year 2023, to remain available through
                                                         sen and sworn not having voted in the                     This is the most dangerous idea to-                   September 30, 2026, for making payments to
                                                         affirmative, the motion is rejected.                    night, today, for the American con-                     Federally-qualified health centers for pur-
                                                           The point of order is sustained, and                  sumer. If you are tired of paying high                  poses of covering direct costs incurred by
                                                         the amendment falls.                                    gas prices, then vote Republican.                       such centers for making discounted insulin
                                                           The Senator from Vermont.                                       VOTE ON AMENDMENT NO. 5281                    and epinephrine available to qualifying cen-
                                                           AMENDMENT NO. 5281 TO AMENDMENT NO. 5194                The PRESIDING OFFICER. The                            ter patients, as described in subsection (b).
                                                           (Purpose: To modify the bill.)                        question is on agreeing to the amend-                     (b) INSULIN AND EPINEPHRINE AFFORD-
                                                                                                                                                                         ABILITY.—
                                                           Mr. SANDERS. Mr. President, I call                    ment.                                                     (1) IN GENERAL.—If a Federally-qualified
                                                         up my amendment No. 5281 and ask                          Mr. SANDERS. Mr. President, I ask                     health center participates in the drug dis-
                                                         that it be reported by number.                          for the yeas and nays.                                  count program under section 340B of the
                                                           The PRESIDING OFFICER. The                              The PRESIDING OFFICER. Is there a                     Public Health Service Act (42 U.S.C. 256b)
                                                         clerk will report.                                      sufficient second?                                      and makes insulin or injectable epinephrine
                                                           The senior assistant legislative clerk                  There appears to be a sufficient sec-                 available to its patients, such center shall
                                                         read as follows:                                        ond.                                                    provide insulin and injectable epinephrine at
                                                                                                                   The clerk will call the roll.                         or below the discounted price paid by the
                                                           The Senator from Vermont [Mr. SANDERS],
                                                                                                                                                                         center or subgrantee of the center under the
                                                         for himself and Mr. MERKLEY, proposes an                  The bill clerk called the roll.                       drug discount program under such section
                                                         amendment numbered 5281 to amendment                      The result was announced—yeas 1,                      340B (plus a minimal administration fee) to
                                                         No. 5194.                                               nays 99, as follows:                                    qualifying center patients through fiscal
                                                           (The amendment is printed in today’s                            [Rollcall Vote No. 312 Leg.]                  year 2026.
                                                         RECORD under ‘‘Text of Amendments.’’)                                       YEAS—1                                (2) LIMITATION.—As applicable, the cost of
                                                           Mr. SANDERS. Mr. President, let me




sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
                                                                                                                                                                         insulin and injectable epinephrine made
                                                                                                                                   Sanders
                                                         quote from a July 29 letter from over                                                                           available to patients pursuant to this sub-
                                                         350 environmental organizations, in-                                         NAYS—99                            section shall not exceed the cost of such in-
                                                         cluding Friends of the Earth, Food and                  Baldwin           Burr                   Cortez Masto   sulin and injectable epinephrine pursuant to
                                                                                                                 Barrasso          Cantwell               Cotton         the schedule of fees or payment under sec-
                                                         Water Watch, and the Climate Justice                    Bennet            Capito                 Cramer         tion 330(k)(3)(G) of the Public Health Service
                                                         Alliance, sent to President Biden and                   Blackburn         Cardin                 Crapo          Act (42 U.S.C. 254b(k)(3)(G)).
                                                         Senator SCHUMER, expressing concerns                    Blumenthal        Carper                 Cruz             (c) PAYMENTS.—The Secretary shall make
                                                         about this bill.                                        Blunt             Casey                  Daines
                                                                                                                 Booker            Cassidy                Duckworth
                                                                                                                                                                         prospective quarterly payments to Feder-
                                                           Any approval of new fossil fuel projects or           Boozman           Collins                Durbin         ally-qualified health centers in an amount
                                                         fast-tracking of fossil fuel permitting is in-          Braun             Coons                  Ernst          that equals the sum of the following:
                                                         compatible with climate leadership. Oil, gas,           Brown             Cornyn                 Feinstein        (1) The product of—




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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                          S4193
                                                (A) the number of units of insulin fur-              cially insulin. It is exactly why we                     the Senator from South Carolina mov-
                                             nished to qualifying center patients in the             need to pass the Inflation Reduction                     ing to waive the Budget Act.
                                             previous quarter; and                                   Act, which does take historic steps to                     The PRESIDING OFFICER. Without
                                                (B) the direct costs of procuring and mak-
                                                                                                     lower costs, and it caps patients’ insu-                 objection, it is so ordered.
                                             ing available each such unit of insulin at the
                                             discounted rate provided for under this sec-            lin costs at $35 a month.                                  Mrs. MURRAY. Mr. President, 37 mil-
                                             tion.                                                     If Republicans really want to help pa-                 lion people in our country have diabe-
                                                (2) The product of—                                  tients get insulin, they will help us get                tes. And it is absolutely wrong that
                                                (A) the number of units of injectable epi-           this bill signed into law instead of try-                many of them cannot afford the insulin
                                             nephrine furnished to qualifying center pa-             ing to derail it with amendments and                     they need to live. I have heard from
                                             tients in the previous quarter; and                     trying to weaken the insulin provision                   people in my State who risk their life
                                                (B) the direct costs of procuring and mak-           Democrats want to pass.                                  and ration their insulin to make ends
                                             ing available each such unit of injectable ep-            We are fighting to make sure that no
                                             inephrine at the discounted rate provided for
                                                                                                                                                              meet. All the while, drug companies
                                                                                                     one has to ration their insulin and put                  are jacking up prices.
                                             under this section.
                                                (d) USE OF PAYMENTS.—Payments made to                their life at risk. I hope some Repub-                     The cost of insulin has tripled over
                                             Federally-qualified health centers under this           licans will join us in working to make                   the last decade, and it is not like it is
                                             section shall be used for the sole purpose of           this lifesaving medicine affordable and                  three times better. The reality is, the
                                             covering direct costs incurred by such cen-             pass this bill—hopefully soon—here                       cost of insulin isn’t just out of control;
                                             ters in making insulin and injectable epi-              today. But I do urge my colleagues to                    it is devastating people and not just
                                             nephrine available to qualifying center pa-             reject this amendment so we can get to                   seniors but workers and students and
                                             tients under subsection (b).                            that point.
                                                (e) DEFINITIONS.—In this section:                                                                             parents who are just trying to get insu-
                                                                                                       The PRESIDING OFFICER. The                             lin for their kids.
                                                (1) FEDERALLY-QUALIFIED HEALTH CENTER.—
                                             The term ‘‘Federally-qualified health cen-
                                                                                                     question is on agreeing to the amend-                      We have an opportunity here to make
                                             ter’’ has the meaning given such term in sec-           ment.                                                    a difference and permanently cap insu-
                                             tion 1905(l)(2)(B) of the Social Security Act             Mr. KENNEDY. Do I have any time                        lin at $35 a month. It will save money.
                                             (42 U.S.C. 1396d(l)(2)(B)).                             left?                                                    It will save lives. This should not be a
                                                (2) QUALIFYING CENTER PATIENT.—The term                The PRESIDING OFFICER. You do
                                                                                                                                                              hard vote to cast. A budget waiver will
                                             ‘‘qualifying center patient’’ means a patient           not.
                                             of a Federally-qualified health center whose              Mr. KENNEDY. Thank you.                                continue allowing people to get insulin
                                             household income is equal to or less than 350                       VOTE ON AMENDMENT NO. 5385
                                                                                                                                                              at $35 a month.
                                             percent of the Federal poverty line and                   The PRESIDING OFFICER. The                               I urge my colleagues on both sides of
                                             who—                                                    question is on agreeing to the amend-                    the aisle not to remove this provision
                                                (A) has a cost-sharing requirement under a
                                                                                                     ment.                                                    from the underlying bill.
                                             health insurance plan for insulin or                                                                               The PRESIDING OFFICER. The Sen-
                                             injectable epinephrine under which the pa-
                                                                                                       Mr. KENNEDY. I ask for the yeas and
                                                                                                     nays.                                                    ator from South Carolina.
                                             tient out-of-pocket share is more than 20
                                             percent of the total amount charged by the                The PRESIDING OFFICER. Is there a                                        POINT OF ORDER
                                             center for insulin or epinephrine;                      sufficient second?                                         Mr. GRAHAM. Mr. President, I be-
                                                (B) has a high unmet deductible under a                There appears to be a sufficient sec-                  lieve this violates the rules of rec-
                                             health insurance plan; or                               ond.                                                     onciliation. I make a point of order
                                                (C) has no health insurance.                           The clerk will call the roll.                          against page 744, line 7, through page
                                                (f) PREVENTION AND PUBLIC HEALTH FUND                  The legislative clerk called the roll.                 755, line 4, in the substitute. This lan-
                                             OFFSET.—Section 4002(b) of the Patient Pro-               The result was announced—yeas 50,
                                             tection and Affordable Care Act (42 U.S.C.
                                                                                                                                                              guage violates 313(b)(1)(D) of the Con-
                                                                                                     nays 50, as follows:                                     gressional Budget Act of 1974.
                                             300u–11) is amended—                                                [Rollcall Vote No. 313 Leg.]
                                                (1) in paragraph (6), by striking ‘‘each of                                                                     The PRESIDING OFFICER. The Sen-
                                             fiscal years 2022 and 2023’’ and inserting ‘‘fis-                            YEAS—50                             ator from Washington.
                                             cal year 2022’’;                                        Barrasso          Graham                Portman
                                                                                                                                                                                MOTION TO WAIVE
                                                (2) by striking paragraphs (7) and (8);              Blackburn         Grassley              Risch
                                                                                                     Blunt             Hagerty               Romney             Mrs. MURRAY. Mr. President, pursu-
                                                (3) by redesignating paragraph (9) as para-
                                             graph (8); and
                                                                                                     Boozman           Hawley                Rounds           ant to section 904 of the Congressional
                                                                                                     Braun             Hoeven                Rubio
                                                (4) by inserting after paragraph (6) the fol-        Burr              Hyde-Smith
                                                                                                                                                              Budget Act of 1974 and the waiver pro-
                                                                                                                                             Sasse
                                             lowing:                                                 Capito            Inhofe                                 visions of applicable budget resolu-
                                                                                                                                             Scott (FL)
                                                ‘‘(7) for fiscal year 2027, $1,800,000,000; and’’.   Cassidy           Johnson               Scott (SC)       tions, I move to waive all applicable
                                               The PRESIDING OFFICER. The Sen-                       Collins           Kennedy                                sections of that act and applicable
                                                                                                                                             Shelby
                                                                                                     Cornyn            Lankford
                                             ator from Louisiana.                                    Cotton            Lee
                                                                                                                                             Sullivan         budget resolutions for purposes of the
                                               Mr. KENNEDY. Mr. President, my                        Cramer                                  Thune            pending amendment.
                                                                                                                       Lummis
                                                                                                                                             Tillis
                                             amendment, which I also offer on be-                    Crapo             Marshall
                                                                                                                                             Toomey
                                                                                                                                                                I ask for the yeas and nays.
                                             half of many of my Republican col-                      Cruz              McConnell
                                                                                                     Daines            Moran                 Tuberville         The PRESIDING OFFICER. Is there a
                                             leagues, would substantially and dra-                   Ernst             Murkowski             Wicker           sufficient second?
                                             matically lower the cost of insulin for                 Fischer           Paul                  Young              There appears to be a sufficient sec-
                                             millions of Americans.                                                       NAYS—50                             ond.
                                               As you know, we have 1,403 federally                  Baldwin           Hickenlooper          Reed               The clerk will call the roll.
                                             qualified healthcare centers in Amer-                   Bennet            Hirono                Rosen              The bill clerk called the roll.
                                             ica, sometimes called community                         Blumenthal        Kaine                 Sanders            The yeas and nays resulted—yeas 57,
                                             health centers. They have 16,000 sites                  Booker            Kelly                 Schatz
                                                                                                     Brown             King
                                                                                                                                                              nays 43, as follows:
                                             of service.                                                                                     Schumer
                                                                                                     Cantwell          Klobuchar             Shaheen                    [Rollcall Vote No. 314 Leg.]
                                               My amendment would reimplement a                      Cardin            Leahy                 Sinema                              YEAS—57
                                             rule that President Biden repealed. My                  Carper            Luján                Smith
                                                                                                     Casey             Manchin                                Baldwin            Hassan           Murkowski
                                             amendment would make insulin avail-                     Coons             Markey
                                                                                                                                             Stabenow         Bennet             Hawley           Murphy
                                             able at federally qualified health cen-                                                         Tester           Blumenthal         Heinrich         Murray
                                                                                                     Cortez Masto      Menendez
                                                                                                                                             Van Hollen
                                             ters for pennies on the dollar, and it                  Duckworth         Merkley                                Booker             Hickenlooper     Ossoff
                                                                                                     Durbin            Murphy                Warner           Brown              Hirono           Padilla
                                             would pay for itself by redirecting ex-                                                         Warnock          Cantwell           Hyde-Smith       Peters
                                                                                                     Feinstein         Murray
                                             isting money from the ObamaCare Pub-                    Gillibrand        Ossoff                Warren           Cardin             Kaine            Reed
                                             lic Health and Prevention Fund.                         Hassan            Padilla               Whitehouse       Carper             Kelly            Rosen
                                               The PRESIDING OFFICER. The Sen-                       Heinrich          Peters                Wyden            Casey              Kennedy          Sanders




dlhill on DSK120RN23PROD with SENATE
                                                                                                                                                              Cassidy            King             Schatz
                                             ator from Washington.                                     The amendment (No. 5385) was re-                       Collins            Klobuchar        Schumer
                                               Mrs. MURRAY. Mr. President, life-                     jected.                                                  Coons              Leahy            Shaheen
                                             saving medicines don’t do any good if                     The PRESIDING OFFICER. The Sen-                        Cortez Masto       Luján           Sinema
                                             people can’t afford them. That is why                                                                            Duckworth          Manchin          Smith
                                                                                                     ator from Washington.                                    Durbin             Markey           Stabenow
                                             it is so important that we do help peo-                   Mrs. MURRAY. Mr. President, I ask                      Feinstein          Menendez         Sullivan
                                             ple get the medicine they need, espe-                   consent to speak for 1 minute prior to                   Gillibrand         Merkley          Tester




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                                             S4194                                             CONGRESSIONAL RECORD — SENATE                                                              August 6, 2022
                                             Van Hollen        Warnock            Whitehouse         can-American students, the rate drops                                        NAYS—51
                                             Warner            Warren             Wyden
                                                                                                     to 60 percent. The DC public schools                     Baldwin           Heinrich       Peters
                                                                 NAYS—43                             have announced that any student who                      Bennet            Hickenlooper   Reed
                                                                                                                                                              Blumenthal        Hirono         Rosen
                                             Barrasso          Graham             Romney             is not vaccinated is not allowed to                      Booker            Kaine          Sanders
                                             Blackburn         Grassley           Rounds             come to school.                                          Brown             Kelly          Schatz
                                             Blunt             Hagerty            Rubio
                                                                                                       If Democrats vote no on this motion                    Cantwell          King           Schumer
                                             Boozman           Hoeven             Sasse                                                                       Cardin            Klobuchar      Shaheen
                                             Braun             Inhofe             Scott (FL)         to commit, they will be voting to tell                   Carper            Leahy          Sinema
                                             Burr              Johnson            Scott (SC)         thousands of African-American stu-                       Casey             Luján         Smith
                                             Capito            Lankford           Shelby
                                             Cornyn            Lee                                   dents in DC: You are not allowed to                      Collins           Manchin        Stabenow
                                                                                  Thune                                                                       Coons             Markey         Tester
                                             Cotton            Lummis
                                                                                  Tillis
                                                                                                     come to school. Your education doesn’t                   Cortez Masto      Menendez       Van Hollen
                                             Cramer            Marshall
                                                                                  Toomey             matter.                                                  Duckworth         Merkley        Warner
                                             Crapo             McConnell
                                                                                  Tuberville           The right choice, to use a mantra                      Durbin            Murphy         Warnock
                                             Cruz              Moran
                                                                                  Wicker                                                                      Feinstein         Murray         Warren
                                             Daines            Paul                                  used by Democrats often, is ‘‘your                       Gillibrand        Ossoff         Whitehouse
                                             Ernst             Portman            Young
                                                                                                     body, your choice,’’ and we should not                   Hassan            Padilla        Wyden
                                             Fischer           Risch
                                                                                                     be denying children education because
                                               The PRESIDING OFFICER (Mr.                                                                                       The motion was rejected.
                                                                                                     DC Democrats want to force them to
                                             KAINE). On this vote, the yeas are 57,                                                                             The PRESIDING OFFICER. The Sen-
                                                                                                     get a COVID vaccine against their
                                             the nays are 43.                                                                                                 ator from Texas.
                                                                                                     wishes or their parents’ wishes.
                                               Three-fifths of the Senate duly cho-                                                                                          MOTION TO COMMIT
                                                                                                       The PRESIDING OFFICER. All time
                                             sen and sworn not having voted in the                   has expired.                                               Mr. CRUZ. Mr. President, I have a
                                             affirmative, the motion is not agreed                                                                            motion at the desk.
                                                                                                       The Senator from Michigan.
                                             to.                                                                                                                The PRESIDING OFFICER. The
                                                                                                       Mr. PETERS. Mr. President, this mo-                    clerk will report the motion.
                                               The point of order is sustained, and
                                                                                                     tion is just another effort to delay or                    The legislative clerk read as follows:
                                             the language will be stricken from the
                                                                                                     kill this incredibly important bill and
                                             amendment.                                                                                                         The Senator from Texas [Mr. CRUZ] moves
                                               The Senator from Texas.                               would effectively remove the require-                    to commit the bill, H.R. 5376, to the Com-
                                                                                                     ment for students to be vaccinated                       mittee on the Judiciary of the Senate, with
                                                             MOTION TO COMMIT
                                                                                                     against COVID–19 in DC public schools.                   instructions to report the same back to the
                                               Mr. CRUZ. Mr. President, I have a                                                                              Senate in 3 days, not counting any day in
                                                                                                       Vaccines have proven to be effective
                                             motion at the desk.                                                                                              which the Senate is not in session, with
                                                                                                     at preventing the spread of this harm-
                                               The PRESIDING OFFICER. The                                                                                     changes that, one, are within the jurisdic-
                                                                                                     ful disease, and DC public schools now
                                             clerk will report the motion.                                                                                    tion of such committee and, two, would en-
                                                                                                     require FDA-approved COVID–19 vac-
                                               The legislative clerk read as follows:                                                                         sure that the Department of Justice does not
                                                                                                     cines for eligible students, just like                   use resources to inappropriately target par-
                                               The Senator from Texas [Mr. CRUZ] moves
                                                                                                     they do for measles and hepatitis A and                  ents or classify them as domestic terrorists
                                             to commit the bill H.R. 5376 to the Com-
                                             mittee on Homeland Security and Govern-                 hepatitis B.                                             based on their engagement with public
                                             mental Affairs of the Senate with instruc-                The requirement for DC public school                   school officials as it relates to their child’s
                                             tions to report the same back to the Senate             students to be vaccinated against this                   education unless such engagement with offi-
                                             in 3 days, not counting any day in which the            virus was enacted by the District of Co-                 cials is already otherwise illegal.
                                             Senate is not in session, with changes that—            lumbia’s City Council, a body that was                     The motion to commit is, as follows:
                                             (1) are within the jurisdiction of such com-            duly elected by 700,000 Americans liv-                      Mr. CRUZ moves to commit the bill H.R.
                                             mittee, and (2) in order to guarantee that no                                                                    5376 to the Committee on the Judiciary of
                                             student is prohibited from attending school,
                                                                                                     ing in our Nation’s Capital. This mo-
                                                                                                     tion would unnecessarily meddle with                     the Senate with instructions to report the
                                             or accrues more pandemic induced learning                                                                        same back to the Senate in 3 days, not
                                             loss, ensure no funding be made available to            local, Washington, DC, government and
                                                                                                                                                              counting any day in which the Senate is not
                                             enforce a COVID–19 vaccine mandate on any               delay or kill this vital bill we are here                in session, with changes that—
                                             student eligible to attend a District of Co-            to pass today.                                              (1) are within the jurisdiction of such com-
                                             lumbia public or charter school for the 2022–             I urge my colleagues to oppose this                    mittee; and
                                             2023 school year.                                       measure.                                                    (2) would ensure that the Department of
                                               The motion to commit is as follows:                               VOTE ON MOTION TO COMMIT
                                                                                                                                                              Justice does not use resources to inappropri-
                                               Mr. CRUZ moves to commit the bill H.R.                                                                         ately target parents or classify them as ‘‘do-
                                             5376 to the Committee on Homeland Security                The PRESIDING OFFICER. The                             mestic terrorists’’ based on their engage-
                                             and Governmental Affairs of the Senate with             question is on the motion.                               ment with public school officials as it relates
                                             instructions to report the same back to the               Mr. CRUZ. I ask for the yeas and                       to their child’s education unless such en-
                                             Senate in 3 days, not counting any day in               nays.                                                    gagement with officials is already otherwise
                                             which the Senate is not in session, with                                                                         illegal.
                                                                                                       The PRESIDING OFFICER. Is there a
                                             changes that—                                                                                                      The PRESIDING OFFICER. The Sen-
                                               (1) are within the jurisdiction of such com-          sufficient second?
                                                                                                                                                              ator from Texas.
                                             mittee; and                                               There appears to be a sufficient sec-
                                                                                                                                                                Mr. CRUZ. Mr. President, one of the
                                               (2) in order to guarantee that no student is          ond.
                                                                                                                                                              worst aspects of the Biden administra-
                                             prohibited from attending school, or accrues              The clerk will call the roll.
                                             more pandemic induced learning loss, ensure                                                                      tion has been the deep politicization of
                                             no funding be made available to enforce a
                                                                                                       The legislative clerk called the roll.                 the Department of Justice and the FBI.
                                             COVID–19 vaccine mandate on any student                   The result was announced—yeas 49,                        We saw that with the National Asso-
                                             eligible to attend a District of Columbia pub-          nays 51, as follows:                                     ciation of School Boards sending a let-
                                             lic or charter school for the 2022–2023 school                      [Rollcall Vote No. 315 Leg.]                 ter to the White House and to the At-
                                             year.                                                                                                            torney General asking that the Biden
                                                                                                                          YEAS—49
                                               Mr. CRUZ. Mr. President, with the                                                                              administration target parents as do-
                                                                                                     Barrasso          Grassley              Risch
                                             support of every Senate Democrat in                     Blackburn         Hagerty               Romney
                                                                                                                                                              mestic terrorists and use the PATRIOT
                                             this Chamber, schools across this coun-                 Blunt             Hawley                Rounds           Act to go after them for going to
                                             try shut down over the past 2 years.                    Boozman           Hoeven                Rubio            school boards and complaining about
                                             Tens of millions of children were                       Braun             Hyde-Smith            Sasse            policies that are unfair to parents, in-
                                                                                                     Burr              Inhofe                Scott (FL)
                                             harmed.                                                 Capito            Johnson                                cluding the teaching of critical race
                                                                                                                                             Scott (SC)
                                               Today, Senate Democrats will have a                   Cassidy           Kennedy               Shelby           theory, including in the case of
                                             choice whether or not they will harm                    Cornyn            Lankford                               Loudoun County, a 14-year-old girl who
                                                                                                                                             Sullivan




dlhill on DSK120RN23PROD with SENATE
                                                                                                     Cotton            Lee
                                             thousands of schoolkids in Washington,                  Cramer            Lummis
                                                                                                                                             Thune            was sexually assaulted in a bathroom,
                                             DC, and, in particular, whether they                    Crapo                                   Tillis           and the school covered it up.
                                                                                                                       Marshall
                                                                                                                                             Toomey
                                             will harm African-American children                     Cruz              McConnell
                                                                                                                                             Tuberville
                                                                                                                                                                Within 4 days of receiving that let-
                                             in Washington, DC.                                      Daines            Moran                                  ter, the Attorney General wrote a
                                                                                                     Ernst             Murkowski             Wicker
                                               In DC, the rate of vaccination for                    Fischer           Paul                  Young            memo directing the FBI to target par-
                                             students 12 to 15 is 85 percent. For Afri-              Graham            Portman                                ents.



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                                             August 6, 2022                                    CONGRESSIONAL RECORD — SENATE                                                                       S4195
                                               Just this last week, the Director of                                   MOTION TO COMMIT                        The PRESIDING OFFICER. The Sen-
                                             the FBI testified at the Judiciary Com-                   Mr. HOEVEN. Mr. President, I have a                  ator from Oregon.
                                             mittee that they had been interviewing                  motion at the desk.                                      Mr. WYDEN. Mr. President, I rise in
                                             multiple parents—moms and dads—and                        The PRESIDING OFFICER. The                           opposition to this amendment.
                                             the House has categorized it as upward                  clerk will report the motion.                            This, again, is about delay, about
                                             of 20 moms and dads.                                      The bill clerk read as follows:                      postponing, about putting off the job
                                               This amendment says: Don’t target                       The Senator from North Dakota [Mr.                   that needs to be done. What the focus
                                             parents as domestic terrorists—                         HOEVEN] moves to commit the bill to the                of this bill is all about is cutting costs.
                                               The PRESIDING OFFICER. All time                       Committee on Finance with instructions to                What I have said to colleagues—and
                                                                                                     report.                                                my friend, the Presiding Officer of the
                                             is expired.
                                               The PRESIDING OFFICER. The ma-                          Mr. HOEVEN. I ask unanimous con-                     Senate, knows this—is that our bill on
                                             jority whip.                                            sent that the reading of the names be                  prescription drugs kicks in this fall.
                                               Mr. DURBIN. Mr. President, the FBI                    waived.                                                We really kick in on the efforts to hold
                                             has told us repeatedly that domestic                      The PRESIDING OFFICER. Without                       down price gouging when medicine is
                                             extremism is a very real threat in                      objection, it is so ordered.                           going up faster than the rate of infla-
                                             America. Last November, 60 percent of                     The motion to commit is as follows:                  tion.
                                                                                                        Mr. HOEVEN moves to commit the bill H.R.              I urge my colleagues to oppose this.
                                             America’s school leaders said that
                                                                                                     5376 to the Committee on Finance of the Sen-           We can’t afford any further delay in
                                             someone in their schools had been ver-                  ate with instructions to report the same
                                             bally or physically threatened over                                                                            priorities like saving senior citizens
                                                                                                     back to the Senate in 3 days, not counting
                                             school policy.                                          any day in which the Senate is not in ses-             from their medicine costs.
                                               There is no evidence—none—that the                    sion, with changes that—                                 The PRESIDING OFFICER. The Sen-
                                             Department of Justice is threatening                       (1) are within the jurisdiction of such com-        ator from North Dakota.
                                             the constitutional right of parents to                  mittee; and                                              Mr. HOEVEN. Mr. President, the bill
                                             peaceful, free speech. But there is no                     (2) would prohibit the implementation of            increases taxes and increases spending.
                                                                                                     the provisions of the bill H.R. 5376 until the         It will not bring down costs, and it will
                                             excuse—none—for       violence   against                date on which—
                                             school teachers or board members.                                                                              not bring down inflation.
                                                                                                        (A) grocery prices (as reported by the Bu-
                                               If you believe there is nothing peace-                                                                                   VOTE ON MOTION TO COMMIT
                                                                                                     reau of Labor Statistics as annual CPI–U for
                                             ful or legitimate about threatening                     ‘‘food at home’’) decrease below the food at             I ask for the yeas and nays.
                                             teachers, school board members or                       home annual inflation level (as reported by              The PRESIDING OFFICER. Is there a
                                             their families, vote no on this amend-                  the Bureau of Labor Statistics for January             sufficient second?
                                             ment.                                                   2021);                                                   There appears to be a sufficient sec-
                                                                                                        (B) gasoline prices (as reported by the Bu-         ond.
                                                         VOTE ON MOTION TO COMMIT                    reau of Labor Statistics as annual CPI–U for             The clerk will call the roll.
                                               The PRESIDING OFFICER. The                            ‘‘gasoline (all types)’’) decrease below the             The senior assistant legislative clerk
                                             question is on agreeing to the motion.                  gasoline (all types) annual inflation level (as        called the roll.
                                               Mr. CRUZ. I ask for the yeas and                      reported by the Bureau of Labor Statistics               The result was announced—yeas 50,
                                             nays.                                                   for January 2021);
                                                                                                        (C) diesel prices (as reported by the Bureau
                                                                                                                                                            nays 50, as follows:
                                               The PRESIDING OFFICER. Is there a                                                                                        [Rollcall Vote No. 317 Leg.]
                                                                                                     of Labor Statistics as annual CPI–U for
                                             sufficient second?                                      ‘‘other motor fuels’’) decrease below the                                   YEAS—50
                                               There appears to be a sufficient sec-                 other motor fuels annual inflation level (as           Barrasso          Graham          Portman
                                             ond.                                                    reported by the Bureau of Labor Statistics             Blackburn         Grassley        Risch
                                               The clerk will call the roll.                         for January 2021);                                     Blunt             Hagerty         Romney
                                               The bill clerk called the roll.                          (D) home heating oil prices (as reported by         Boozman           Hawley          Rounds
                                                                                                                                                            Braun             Hoeven          Rubio
                                               The result was announced—yeas 50,                     the Bureau of Labor Statistics as annual
                                                                                                                                                            Burr              Hyde-Smith
                                                                                                     CPI–U for ‘‘fuel oil’’) decrease below the fuel                                          Sasse
                                             nays 50, as follows:                                                                                           Capito            Inhofe
                                                                                                     oil annual inflation level (as reported by the                                           Scott (FL)
                                                         [Rollcall Vote No. 316 Leg.]                                                                       Cassidy           Johnson         Scott (SC)
                                                                                                     Bureau of Labor Statistics for January 2021);          Collins           Kennedy
                                                                  YEAS—50                            and                                                    Cornyn            Lankford
                                                                                                                                                                                              Shelby
                                                                                                                                                                                              Sullivan
                                             Barrasso          Graham             Portman               (E) housing expenses (as reported by the            Cotton            Lee
                                             Blackburn         Grassley                                                                                     Cramer                            Thune
                                                                                  Risch              Bureau of Labor Statistics as annual CPI–U                               Lummis
                                             Blunt             Hagerty                                                                                      Crapo             Marshall        Tillis
                                                                                  Romney             for ‘‘shelter’’) decrease below the shelter an-
                                             Boozman           Hawley                                                                                       Cruz              McConnell       Toomey
                                                                                  Rounds             nual inflation level (as reported by the Bu-
                                             Braun             Hoeven                                                                                       Daines            Moran           Tuberville
                                                                                  Rubio              reau of Labor Statistics for January 2021).
                                             Burr              Hyde-Smith                                                                                   Ernst             Murkowski       Wicker
                                                                                  Sasse
                                             Capito            Inhofe             Scott (FL)           Mr. HOEVEN. Mr. President, the                       Fischer           Paul            Young
                                             Cassidy           Johnson            Scott (SC)         American people are hurting. Inflation
                                             Collins           Kennedy                                                                                                          NAYS—50
                                             Cornyn            Lankford
                                                                                  Shelby             has soared to the highest we have seen                 Baldwin           Hickenlooper    Reed
                                                                                  Sullivan           in 40 years, and the Consumer Price
                                             Cotton            Lee                                                                                          Bennet            Hirono          Rosen
                                             Cramer                               Thune
                                                               Lummis                                Index is now 9.1 percent. Americans are                Blumenthal        Kaine           Sanders
                                             Crapo             Marshall           Tillis
                                                                                                     seeing increased prices on everything                  Booker            Kelly           Schatz
                                             Cruz              McConnell          Toomey                                                                    Brown             King            Schumer
                                             Daines            Moran              Tuberville         from the grocery store to the gas                      Cantwell          Klobuchar
                                                                                  Wicker                                                                                                      Shaheen
                                             Ernst             Murkowski                             pump. Gas prices have gone up $2.25 a                  Cardin            Leahy           Sinema
                                             Fischer           Paul               Young                                                                     Carper            Luján
                                                                                                     gallon just since the President took of-                                                 Smith
                                                                                                                                                            Casey             Manchin
                                                                 NAYS—50                             fice. Diesel prices since this adminis-                Coons             Markey
                                                                                                                                                                                              Stabenow
                                                                                                     tration took office are up $2.81—that                                                    Tester
                                             Baldwin           Hickenlooper       Reed                                                                      Cortez Masto      Menendez
                                                                                                                                                                                              Van Hollen
                                             Bennet            Hirono             Rosen              means 60 percent more since President                  Duckworth         Merkley
                                                                                                                                                                                              Warner
                                             Blumenthal        Kaine              Sanders            Biden took office. The cost of food is up              Durbin            Murphy
                                             Booker            Kelly                                                                                        Feinstein         Murray          Warnock
                                                                                  Schatz
                                             Brown             King               Schumer
                                                                                                     more than 12 percent.                                  Gillibrand        Ossoff          Warren
                                             Cantwell          Klobuchar          Shaheen              We not only have inflation, we have                  Hassan            Padilla         Whitehouse
                                             Cardin            Leahy                                 our economy stagnating as well—stag-                   Heinrich          Peters          Wyden
                                                                                  Sinema
                                             Carper            Luján
                                             Casey             Manchin
                                                                                  Smith              flation. It is something we haven’t had                  The motion was rejected.
                                                                                  Stabenow           since the late 1970s, early 1980s. We
                                             Coons             Markey
                                                                                  Tester                                                                                      f
                                             Cortez Masto      Menendez
                                                                                  Van Hollen
                                                                                                     have the resources and the capabilities
                                             Duckworth         Merkley                               to reduce that inflation to address the                               PRAYER
                                             Durbin            Murphy             Warner
                                                                                  Warnock            stagnation. This tax-and-spend bill is                   The PRESIDING OFFICER. Pursuant




dlhill on DSK120RN23PROD with SENATE
                                             Feinstein         Murray
                                             Gillibrand        Ossoff             Warren             not the way to do it.                                  to rule IV, paragraph 2, the hour of 12
                                             Hassan            Padilla            Whitehouse           I ask that we return this to com-                    noon having joyously arrived and the
                                             Heinrich          Peters             Wyden
                                                                                                     mittee and come up with a plan that                    Senate having been in continuous ses-
                                               The motion was rejected.                              will actually get our economy going                    sion since yesterday, the Senate will
                                               The PRESIDING OFFICER (Mr. BEN-                       and reduce inflation. I ask for support                suspend for a prayer from the Senate
                                             NET). The Senator from North Dakota.                    on this motion.                                        Chaplain.



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