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.
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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/
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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
dlhill on DSK120RN23PROD with SENATE
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.
dlhill on DSK120RN23PROD with SENATE
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-
dlhill on DSK120RN23PROD with SENATE
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-
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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
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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.
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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.—
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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—
dlhill on DSK120RN23PROD with SENATE
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
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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
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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
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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
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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
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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-
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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
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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
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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
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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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