S2046 CONGRESSIONAL RECORD — SENATE April 20, 2021 the payment of wages on the basis of sex, and number that has been used is 6 percent that has overseen and regulated elec- for other purposes. of that entire bill is about infrastruc- tions in this country. So it would po- Mr. SCHUMER. Mr. President, in ture. If you add in broadband and a few liticize it and give the Democrats an order to place the bills on the calendar other things, it gets slightly higher advantage, a partisan advantage, on under the provisions of rule XIV, I than that. the Federal Election Commission. would object to further proceeding en The point is that most of the spend- All of those things are in this elec- bloc. ing in this bill is unrelated to infra- tions bill, which would transform—I The ACTING PRESIDENT pro tem- structure. It is another $2.5 to $3 tril- mean, I am talking literally trans- pore. Objection having been heard, the lion expansion of government, new form—the way we do elections in this bills will be placed on the calendar en spending financed—some with tax in- country, which historically and by way bloc. creases but a lot of it just adding to of the Constitution and the law have Mr. SCHUMER. Mr. President, I sug- the debt, just putting it on the credit been handled and administered at the gest the absence of a quorum. card and handing the bill to our chil- State level. States have been very in- The ACTING PRESIDENT pro tem- dren and grandchildren, something volved. pore. The clerk will call the roll. that has been routinely done around What this would do is consolidate The senior assistant legislative clerk here for a long time. more power in Washington, DC, and proceeded to call the roll. Mr. President, what I think people pull the regulation of elections up to f should find concerning is that the the Federal Government, coupled with worst fears predicted about what the all of the changes that I just men- COVID–19 HATE CRIMES ACT— left might do if in charge of this coun- tioned. There is no way—absolutely no Continued try are, in fact, coming true. Much of way—that even if passed they could be Mr. THUNE. Mr. President, I ask this new spending—by the way, the in- done, could be implemented, for the up- unanimous consent that the order for frastructure bill is a first installment. coming 2022 election, which secretaries the quorum call be rescinded. There is another bill to follow, we are of state from across the country, in- The ACTING PRESIDENT pro tem- told, that would include more trillions cluding Democratic secretaries of pore. Without objection, it is so or- in spending, dealing with other issues, state, have indicated. dered. including healthcare. So that is another thing that is on The Republican whip. You have this massive expansion of the liberal wish list that I mentioned: INFRASTRUCTURE government, massive amount of new the federalizing of our elections—tak- Mr. THUNE. Mr. President, last fall, spending, unprecedented, truly unprec- ing them away from the States where, there was a concern among many edented in history, coupled with mas- historically, elections have been han- around the country, many Republican sive tax hikes, also unprecedented. dled and administered—and bringing voters, that if elected—Democrats in What is being talked about just in the them here, essentially nationalizing the House, the Senate, and the White first infrastructure bill is over $1 tril- our elections. House—if they had the whole of gov- lion in new taxes. The taxing, spend- Then there is the Green New Deal. ernment, they would try to implement ing, borrowing patterns that we pre- The Green New Deal is, I believe, being massive change, transformative dicted would happen are, in fact, com- introduced again today by a number of change, as it was described. There was ing true. Add to that other things that Democratic Senators and House Mem- a consistent view articulated by Demo- were suggested and proposed through- bers—something, again, that would crats in other places around the coun- out the fall and the course of the cam- completely change the way we fuel our try that it would never happen because paigns. country in ways that would drive up Joe Biden, after all, is a moderate. Subsequent to that included adding dramatically the costs that an average These ideas are crazy ideas. Nobody DC as a State. So adding DC as a State consumer in this country and an aver- would ever do some of the things that is going to pass the House of Rep- age family would have to pay for en- are being talked about. resentatives. I am not sure if they are ergy. It would be done through man- Well, I have to say that pretty much voting on it today, but it has either dates, regulations, and heavy-handed everything that was predicted is now been voted on or will be voted on. It government requirements as opposed coming true, at least as it pertains to will pass the House of Representatives. to incentivizing some of these things legislation that is being advanced by That is a very, very serious, serious that, I think, we all agree we should be Democrats here in the Congress and by proposal which dramatically changes doing when it comes to cleaning up our the White House, starting, of course, the U.S. Senate and, I believe, what the environment. The Green New Deal is with the massive amount of spending, Founders intended with respect to the the opposite of that. The Green New the massive expansion of the govern- District of Columbia. Deal is a government, Washington, DC, ment. Then you add to it legislation that mandate, requirement, heavy-handed We saw that with the coronavirus re- has already passed the House and is regulatory approach to that issue and lief bill, which ended up being about $2 being contemplated being passed here something that has struck fear in the trillion. That was on top of the $4 tril- in the Senate that would federalize hearts of literally tens of millions of lion that Congress, in a bipartisan way elections in this country, that would Americans since it began being talked last year, had put toward coronavirus codify ballot harvesting, and that about only a few years ago. relief. Much of that $2 trillion—in fact, would ban voter ID, photo ID, which is Those are just a handful on the list of most of it, about 90 percent of it— something that, I think, most Ameri- what I would call horribles for which didn’t have anything to do with cans think is a very wise thing to do the left has been advocating for some coronavirus. Only about 10 percent of when it comes to election integrity, to time in this country. All of these all that spending of nearly $2 trillion make sure that the people who are vot- things could be accomplished if the was actually related to the ing actually are who they say they are. Democrats are able to follow through coronavirus. Most of it was other Voter ID is a pretty important part of with another thing that they said they things that Democrats had wanted to that. It would have the taxpayers fi- would never do and are now talking fund, that had been on their wish list, nance—publicly fund—campaigns in about and if they have the votes would if you will, for some time, and expan- this country. I can’t imagine the Amer- do, and that is to do away with the leg- sion of government. ican taxpayers, among all of the other islative filibuster, which is a feature of Well, if that weren’t enough, there is things that they have to finance in the our democracy that goes back literally now talk of an ‘‘infrastructure’’ bill government, also want to finance the 200 years to our Nation’s founding and that would spend on the order of an- campaigns that they have to sit has ensured through those years that other $2.5 to $3 trillion—again, much of through. the minority has a voice in our policy- which is unrelated to infrastructure. If It would politicize the Federal Elec- making process; that there is an oppor- you define ‘‘infrastructure’’ simply as tion Commission, which, in the past, tunity for both sides to collaborate, roads and bridges, things that most has been a balanced—three Republican, compromise, and to ensure that there people think of as infrastructure, the three Democrat—bipartisan committee isn’t majoritarian rule. The Founders

VerDate Sep 11 2014 00:33 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.006 S20APPT1 dlhill on DSK120RN23PROD with SENATE April 20, 2021 CONGRESSIONAL RECORD — SENATE S2047 were very firm about that idea. They for a couple of Democrats who, I think, times the average annual gain since thought there needed to be checks and are thoughtful enough, contemplative data were first collected. balances against that, and the legisla- enough, and revering enough of our in- So the tax policies we had in place tive filibuster has provided that for 200 stitutions in this country not to be run were working, and there have been years. over by the majority on their side and record income gains, especially among It is something that we refused to do away with something that is just so lower income Americans. The poverty do—even though the Republicans were critical and so important to our Na- rate, as I mentioned, plummeted 11 per- asked repeatedly during the last 4 tion’s not only heritage and history cent in 2019, the most in 53 years. years of the Trump Presidency, by the but to our future. If it were not for Things were moving in the right direc- President himself, to get rid of the leg- that, I think it would have been done tion. So the question is, If it isn’t islative filibuster—because we believe already. I think the Senator from New broke, why fix it? Why would we go and it is essential as a feature of our de- York, the Democratic leader, in a New increase taxes in a massive way at a mocracy and something that protects York minute would get rid of the legis- time when the economy is growing and the minority in this country, the mi- lative filibuster if he had the votes to expanding and creating better paying nority rights, the voice of the minor- do it, partly out of fear that he would jobs? ity, in our policymaking process. It en- be savaged by his ‘‘woke’’ left if he What I would argue for those in any sures that we get solutions that, ulti- wouldn’t do it. income group and across any ethnic mately, are durable over time because Obviously, the President, President group is that the best solution for im- they have been negotiated in a way Biden, whom, as I mentioned earlier, proving their standard of living and that requires the input from both sides many people thought would govern as a their quality of life is to have a grow- of the political equation. moderate and a unifier and as someone ing, expanding economy that is throw- That is something that has been sa- who fiercely defended the legislative ing off better paying jobs and higher cred, so sacred, even despite the fact filibuster as a U.S. Senator and made wages. That is what raises the income that President Trump, on 34 different speeches on this very floor in defending level. That is what lifts the boat for occasions, asked the Republicans—or fiercely the legislative filibuster, is every American, and that is what we probably more; I would say ‘‘ask’’ now also talking about getting rid of it ought to be looking for, not how much would be a gentle word—and essen- in order to implement massive tax government can we pull back to Wash- tially said that the Republicans in the hikes, massive spending increases, and ington, DC, and how much government Senate needed to get rid of the legisla- a massive growth in government—an can do for you but how we can put the tive filibuster. He either did that by expansion of government unlike any- right policies in place that put the con- tweet or by public statement. It was thing we have seen in history, includ- ditions in place for economic growth clearly something that he believed was ing the 1930s, the New Deal. This would that will stimulate the kind of invest- ment that will create those good-pay- a priority in order to implement his dwarf that by comparison. ing jobs and start lifting wages across agenda. We resisted that. We resisted DC statehood, federalizing our elec- tions, and passing the Green New Deal, this country. that even though we would have bene- It is about growth in our economy, I all of that could be done with 51 votes fited from it on numerous occasions would argue. It is about good-paying if they could blow up and get rid of the when it came to moving legislation jobs. It is about higher wages. That is legislative filibuster, and all of those through the Senate. what our arguments here ought to be For the past 6 years, we had the ma- are very real, not hypotheticals—real. about. Instead, right now, we are talk- jority, and for the past 4 years, we had These are things that have already ing about growing government and in- the Presidency up until January of this passed or are going to pass the House creasing taxes and reversing what, I year, and notwithstanding the constant of Representatives and are being con- would argue, is a lot of progress that I barrage of suggestions—again, putting sidered here on the floor of the U.S. just mentioned, that being from the it mildly—to get rid of the legislative Senate, including today when, I think, 2019 U.S. Census Bureau’s data. filibuster by a President from our own the Green New Deal is being reintro- Why would we go back on the great party, we resisted that simply because duced. These are legislative proposals progress that has been made? Why we believed the legislative filibuster is that are so far out of the political would we start to contemplate some of such an essential and critical part of mainstream in the things that they are these suggestions that I mentioned, our democracy. contemplating that it is hard to be- from the tax hikes, the spending in- So here we go. The Democrats get lieve. creases, the federalizing of our elec- elected. They have, on countless occa- Just as an example of the impact tions, the Green New Deal, and repeal- sions, told me privately—individual that these tax increases could have, ing the filibuster which, again, would Senators on their side of the aisle— look at what the tax cuts that were consolidate more control, more power, that there is no way. We would never passed—the reform act that was passed in the hands of a few people here rather do that. We will never get rid of the in 2017—were doing in terms of the than keeping it distributed? It would legislative filibuster. It is too impor- economy and the benefits that they consolidate more and more power in tant. We are not going to do that. In were having across all demographic Washington, DC. fact, 33 Democrats signed a letter as re- sectors in this country. Up until the That kind of brings me to the topic cently as 3 years ago, basically, essen- pandemic, we had the best economy for today that is on that list of tially ratifying their support for the probably in 50 years. We had the lowest horribles and things that would under- legislative filibuster and, as to the sug- unemployment rate, for sure. We had mine the integrity of our political in- gestion that it could possibly be done the biggest gain in income wage levels stitutions in a way that these other away with, suggesting that it would be among particularly minority groups. things would as well but, I would say, a terrible, wrong thing to do for this In fact, this is census data from 2019 on a much, much higher, much ex- country—essentially coming out that shows that the real median house- panded level, and that is packing the strongly, strongly supporting the legis- hold income hit its highest level ever Supreme Court which, again, people lative filibuster. These are 33 Demo- for African-American, Hispanic, and thought was a hypothetical. That was cratic Senators here in the U.S. Senate Asian-American workers and retirees. one of those things to which people coming out in support of the legislative The 2019 poverty rate was the lowest in said: Now, those guys down there, filibuster. more than 50 years for children at 14.4 those Democrats, are not that crazy. Now, the shoe is on the other foot. percent, the lowest ever for individuals There are some moderate Democrats They are in the majority. They have at 10.5 percent, for families at 8.5 per- out there. There are some people who been in the majority for about 2 cent, and for households headed by un- would stand up in the way of that and months, and they are already talking married women at 22.2 percent. More keep something that crazy from hap- about it openly, and many have come impressive is that, even after 10 years pening. out and endorsed the idea. Frankly, to of economic expansion, the 2019 gains Well, it didn’t take very long. It only be honest with you, I think it would shattered all records as real household took a week—just 1 week after Presi- have been done already had it not been income leapt by $4,379 in 2019 alone, 13 dent Biden established his Commission

VerDate Sep 11 2014 00:33 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.007 S20APPT1 dlhill on DSK120RN23PROD with SENATE S2048 CONGRESSIONAL RECORD — SENATE April 20, 2021 to study Court packing, which is an- proposal is outrageously and trans- . . . was hard won. But that authority, other ostensible Supreme Court re- parently partisan. But, more than that, like the rule of law, depends on trust— form, for the Democratic Members of it is dangerous because Democrats’ a trust that the court is guided by Congress in both Houses to introduce Court packing would eliminate public legal principle, not politics.’’ That is legislation that would actually pack confidence in the nonpartisan char- from Justice Breyer. the Court. This is no longer a hypo- acter of the Court. And Justice Breyer noted: ‘‘Struc- thetical. This is colleagues on this side Right now, the Supreme Court is gen- tural alteration motivated by the per- of the aisle and the Democrats in the erally seen as being at least somewhat ception of political influence can only House of Representatives who are open- above the partisan fray, as the Found- feed that latter perception, further ly advocating for packing the Supreme ers intended—a fact that I think is re- eroding that trust.’’ Court in the form of legislation and not flected in the Court’s positive approval As these two reliably liberal Justices just adding a couple of members but rating. make clear, Democrats’ Court-packing adding enough members to give them a And while some Justices are regarded plan would do the very thing Demo- majority, to give them a majority on as more conservative and some as more crats claim to oppose, and that is to the U.S. Supreme Court. liberal, Americans don’t see Justices as politicize the court. The Supreme Now, many people are probably won- partisan in the way that we see politi- Court would quickly lose its non- dering what the crisis was that precip- cians as partisan, and rightly so. partisan standing and quickly become itated this legislation, a crisis so grave I can think of more than one signifi- a joke. that these Democrats couldn’t even cant case where supposedly conserv- Democrats cannot possibly think wait for the results of the President’s ative Justices have sided with the that Court packing would begin and stacked Commission. President Biden’s Court’s liberals, and there are plenty of end with their move under the Biden Commission, which is stacked with cases where all of the Supreme Court’s administration. I can guarantee—guar- Democrats to give them the result that Justices have ruled unanimously. antee—that the next time there is a they want, is supposed to report back As Justice Breyer pointed out in his Republican President and a Republican in the timeframe of, I believe, about 6 recent speech condemning Court pack- Congress, Republicans would be moving months. They couldn’t even wait for ing, Supreme Court Justices do not fit to ‘‘balance’’ the Democrats’ power that. They had to introduce a bill that neatly into conservative or liberal cat- grab by adding a few seats of their own. would pack the Court. So why did they egories. Then the next Democrat administra- have to do that? Well, I will tell you. But that perception of Supreme tion would do the same thing. It The crisis that requires us to imme- Court Justices as above partisanship wouldn’t be long before the Supreme diately add four additional Justices to would not last long if Democrats suc- Court had expanded to ludicrous pro- the Supreme Court after 150 years of ceeded in packing the Court. portions. Twenty Justices? Thirty Jus- having the Court at its current size is Just think about it. We have had the tices? Maybe more? that a duly elected Republican Presi- same number of Supreme Court Jus- Instead of a respected and separate dent was able to get three Supreme tices, nine—nine Justices—for more branch of government, the Supreme Court nominees approved. Apparently, than 150 years. One hundred and fifty Court would be co-opted by the legisla- by confirming a duly elected Presi- years, and then Democrats sweep in, tive and executive branches. The sepa- dent’s Supreme Court nominees, the announce that the makeup of the Su- ration of powers, upon which our entire Republicans stole the Court’s majority preme Court isn’t to their liking, and Federal Government is built, would be which, I guess, apparently, rightfully, propose adding four Justices, all of destroyed. The consequences of politi- belongs to the Democrats, and in doing them appointed in one fell swoop by a cizing and trivializing the Court, as so, it ‘‘politicized the Supreme Court’’ Democratic President. And that is in packing the Court would do, would be and ‘‘threatened the rights of millions addition to any nominations the Presi- grave. If Americans don’t respect the of Americans.’’ dent might make in the ordinary Court, they will have little reason to This legislation, the bill’s Senate course of things. respect the Court’s decisions or regard sponsor says, will ‘‘restore the Court’s Does any Democrat sincerely think them as either definitive or binding. balance and public standing’’ and that after that any Republican would There has been a lot of concern, ‘‘begin to repair the damage done to regard the Supreme Court as non- rightfully so, about the increasingly our judiciary and democracy.’’ That is partisan? Or, for that matter, how partisan and contentious nature of our from the Democrat sponsor’s state- many Democrats would regard the Su- politics. Politicizing the Court by ments with respect to this legislation— preme Court as nonpartisan? packing the Court would further in- necessary to ‘‘restore the Court’s bal- Just imagine if the roles were re- flame partisan division and lead to in- ance and public standing’’ and ‘‘repair versed. Imagine that Republicans were creasingly bitter and dangerous fric- the damage done to our judiciary and proposing to expand the Supreme Court tion in our society. democracy.’’ and add four Republican-nominated It is deeply, deeply disappointing Well, there is only one problem, of Justices. Imagine the howls of outrage that Democrat leaders—and others in course, and that is that this supposed that would ensue, and rightly so. their caucus who wish to be seen as se- crisis of confidence in the Supreme Democrats, the media, the far left—all rious and responsible policymakers— Court doesn’t actually exist. A major- would rightfully decry the haven’t condemned this dangerous pro- ity of Americans approve of the job the politicization of the Supreme Court. posal to upend a bedrock institution of Supreme Court is doing. The Supreme Yet Democrats expect us to believe our democracy. Court’s approval rating actually in- that if it is Democrats who do this, if I understand that it may be difficult creased—increased—over the course of it is Democrats who pack the Supreme for them to stand up to the unhinged the Trump administration. Court, somehow this move is not a par- and far-left fringes of their party, and If the junior Senator from Massachu- tisan and self-serving one? it is possible that some of them are re- setts, who is one of the sponsors of this As Justice Ruth Bader Ginsburg said, luctant to condemn this proposal be- legislation, is looking to address a cri- ‘‘If anything would make the court cause of the partisan advantage it sis of confidence, perhaps he should look partisan, it would be that—one would provide. But anyone who cares take a look at Congress, whose ap- side saying, ‘When we’re in power, about the health of our democracy and proval rating is consistently far lower we’re going to enlarge the number of the stability of our country should be than that of the Supreme Court. judges, so we would have more people loudly and clearly opposing any discus- The real crisis—the real crisis we are who would vote the way we want them sion of Court packing. facing—is not a crisis of confidence in to.’’’ I hope that at least some of my Dem- the Court. It is that Democrats are ap- That is from the late Justice Ruth ocrat colleagues will find the courage parently willing to do long-term dam- Bader Ginsburg. to speak up and consign the idea of age to our democracy for partisan gain. Or, in the words of Justice Breyer, ‘‘I Court packing to the ash heap of his- Yes, Democrats are being hypo- hope and expect that the court will re- tory, where it should have remained. critical, and, yes, their Court-packing tain its authority, an authority that I yield the floor.

VerDate Sep 11 2014 00:33 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.008 S20APPT1 dlhill on DSK120RN23PROD with SENATE April 20, 2021 CONGRESSIONAL RECORD — SENATE S2049 I suggest the absence of a quorum. gration topics of bipartisan interest to also infringe on U.S. intellectual prop- The PRESIDING OFFICER (Mr. all committee members, including erty rights and unfairly benefit inter- WARNOCK). The clerk will call the roll. Democratic committee members. national criminals. The legislative clerk proceeded to Those hearings included oversight of This will come as no surprise to any- call the roll. family reunification efforts and the one: The majority of fake goods come Mr. GRASSLEY. Mr. President, I ask Trump administration’s decision to end from China and Hong Kong. And the unanimous consent that the order for DACA programs. United States? Well, we are the biggest the quorum call be rescinded. In that very same way, I am hopeful loser when it comes to our intellectual The PRESIDING OFFICER (Mr. that Chairman DURBIN will be willing property-related crime and activity. KELLY). Without objection, it is so or- to hold hearings on matters of great Unfortunately, the problem of coun- dered. importance to me and committee mem- terfeits has gotten worse during the BORDER SECURITY bers on both sides of the aisle. I am pandemic. Americans have increas- Mr. GRASSLEY. Mr. President, ready to work with him to put together ingly turned to e-commerce to buy today I come to the floor to talk about hearings that address these problems goods like personal protective equip- what is very obvious on television—the productively. ment, household products, as well as crisis at the southern border. During the Easter recess, I instructed household cleaners, children’s toys, During the past several months, the my oversight and investigative staff to and a lot of other items I won’t list. American people have watched as a get a classified briefing from the De- Criminals use the same e-commerce full-blown crisis has developed. It has partment of Homeland Security, Cus- sites to sell their bogus goods. These reached a catastrophic phase, and it is toms and Border Protection, and Immi- sites give criminals an air of legit- not getting any better. gration and Customs Enforcement. imacy and make it harder for law en- Let me reemphasize that whatever That briefing provided important and forcement to catch them. E-commerce the Biden administration wants to call time-sensitive information that fur- sites also let criminals create multiple it, it is a crisis. Simply put, the admin- ther solidifies my belief that the Biden product listings that can trick con- istration is in denial, and that denial administration’s border crisis is a na- sumers into purchasing fake goods. has caused a humanitarian and na- tional security problem. Unfortunately, when there is money tional crisis. For example, border Moreover, the Biden administration’s to be made, criminals will find out how crossings are at the highest level we denial that there is a border crisis is to profit and do it at the expense of have seen in the last 15 years. Last itself a national security problem. You others, even in the event of a global month, Customs and Border Patrol, can’t solve a problem if you refuse to pandemic. However, there is some good admit that there is such a problem ex- Border Protection, encountered more news. We have ways of addressing the isting. This head-in-the-sand attitude than 170,000 people attempting to cross problem. will cost lives. That is what is so sad at the southern border. That number Last week, I introduced legislation about the situation. It is not making that will give U.S. Customs and Border includes almost 19,000 unaccompanied anyone’s life any better. In fact, it is Protection more authority to share in- children, which is the highest number putting lives at risk, American lives formation with rights holders and ever recorded in a single month. and immigrant lives. Yet the adminis- The surge has overwhelmed personnel other interested parties on suspected tration refuses to solve the problem. and prompted the Biden administration counterfeit merchandise. This is an Earlier this month, I requested that issue I first identified as chairman of to put out—would you believe this?— the Department of Homeland Security, the Senate Finance Committee when I emergency calls for volunteers. They Customs and Border Protection, and investigated counterfeit goods sold on- did that from across the Federal Gov- Immigration and Customs Enforce- line. During this investigation, I dis- ernment. According to news reports ment, after briefing my investigative covered that certain U.S. laws prevent based on recent Biden administration staff, that they brief the full Judiciary Customs and Border Protection from emails, the administration is recruit- Committee, Republicans and Demo- sharing key pieces of information with ing NASA employees to sit with chil- crats, on a member level. Members their private sector partners. As a re- dren at border facilities. Really? That need to fully understand the national sult, it is harder for Customs and Bor- is NASA. The border crisis is so bad security problems at the border with der Protection and its private sector that the Biden administration is trying respect to terrorists, narcoterrorists, partners to detect and disrupt counter- to pull people from NASA and place human smugglers, and every one of feiting networks. If they could work them at the border. their criminal counterparts. We must together and the law allowed it, it My fellow Senators, this situation is also be fully read in to the methods would be a lot easier to tackle the out of control. This is a humanitarian and means that they use to plan and problems. and national security crisis. Terrorists, accomplish their criminal goals. To give credit where it is due, Cus- smugglers, criminals have seen this as Yesterday, in response to my request toms and Border Protection has recog- their golden opportunity, and they are of these Agencies, the committee had nized this problem and is taking steps surely taking advantage of it. that briefing. What we learned is that to rectify it through the 21st Century This can’t continue. I have written to the crisis at the border is getting Customs Framework—for short, the Biden administration. I have vis- worse, and bad actors are expanding 21CCF—to improve data-sharing capa- ited the border in person. I have seen their technological edge to become bilities in real time. However, without overwhelmed facilities. I have heard more efficient at accomplishing their statutory authority from Congress, in the calls of the cartel members and criminal goals. Human smuggling net- some ways, Customs and Border Pro- human traffickers yelling insults from works, cartels, and other bad actors tection has one hand tied behind its across the Rio Grande, taunting Sen- are continuing to take full advantage back. So my bill will get rid of some of ators—yes, taunting Senators. of the crisis. these barriers for the Agency. It is one Senator CORNYN and I have written As to where we go from here, the small but very crucial step toward a to the chairman of the Judiciary Com- Biden administration knows it has a more secure supply chain. mittee strongly urging him to hold crisis on its hands. It is time to stop Sharing information is a simple solu- border security hearings. During the the denial and act now to solve this tion that often gets overlooked. How- Trump administration, while I served border crisis. ever, it can be an effective tool in cre- as chairman of the full committee and INFORMATION SHARING ating comprehensive strategy against Senator CORNYN served as sub- Mr. President, on another issue, I counterfeit activity. So I am asking committee chairman, we held no less would like to address my fellow Sen- my colleagues to join me in making than 15 hearings on oversight of the ators. This deals with counterfeits and this legislative fix so that we may cre- Department of Homeland Security and the need for the Federal Government ate a supply chain that addresses a various aspects of our immigration pol- to modernize its approach to informa- 21st-century problem. icy. As chairman of the committee dur- tion sharing. I suggest the absence of a quorum. ing the first 2 years of the Trump ad- Counterfeits pose a danger to the The PRESIDING OFFICER. The ministration, I held hearings on immi- health and safety of consumers. They clerk will call the roll.

VerDate Sep 11 2014 00:33 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.009 S20APPT1 dlhill on DSK120RN23PROD with SENATE S2050 CONGRESSIONAL RECORD — SENATE April 20, 2021 The bill clerk proceeded to call the Last Congress, we were poised to pass attention to the baseload you need, roll. a similar bill. The Environment and you are going to end up like we did, un- Mr. CORNYN. Mr. President, I ask Public Works Committee developed a fortunately, just a couple of months unanimous consent that the order for truly bipartisan example of an infra- ago, with electricity going down due to the quorum call be rescinded. structure bill that built on the success extreme weather. The PRESIDING OFFICER. Without of the FAST Act. That was led by I support efforts to rebuild our infra- objection, it is so ordered. Chairman BARRASSO and Ranking structure, but this is not an infrastruc- INFRASTRUCTURE Member CARPER, at the time, but it ture proposal. This is, really, much Mr. CORNYN. Mr. President, in a was unanimous. This legislation in- closer to the Green New Deal 2.0. It is State as big as Texas—as the Presiding cluded provisions to rebuild our crum- an encore to the nearly $2 trillion wish Officer knows, having lived in and bling roads and bridges and improve list that our Democratic colleagues around Houston for a number of years road safety, protect the environment, rammed through on a partisan basis in his previous life—we rely on a strong and grow the economy. Once again, it earlier this year. network of roads and bridges to travel received broad bipartisan support and Any attempt to claim that Repub- safely and efficiently. passed the committee with unanimous licans won’t work with Democrats on We have I–35, which spans the entire support. an infrastructure bill is completely dis- length of Texas, from north to south, As we know, the last year has ingenuous because this is not a good- and from Laredo all way to Dallas-Fort brought us untold changes and, unfor- faith attempt at bipartisanship. Worth. Much of that stretch, it seems tunately, put this and other legislative I would be happy to work with our like and feels like, is constantly under goals on pause while we battled colleagues on the other side of the aisle some construction. COVID–19. But now is the time to pick to craft an infrastructure bill that ad- There are bridges that are part of up where we left off and get a strong dresses our legitimate infrastructure people’s daily commutes, like RM 2900 infrastructure bill signed into law. problems, and I think every person on in Kingsland. After this bridge was de- Unfortunately, the proposal by the this side would agree with that. That stroyed by floodwaters a few years administration is a far cry from what would include traditional transpor- back, it didn’t just create inconven- the country actually needs. For start- tation, such as roads and bridges, as ience in the community but also risks. ers, the cost of the plan is beyond com- well as certain forms of nontraditional It could take a firefighter an hour to prehension. The nonpartisan Com- infrastructure, for example, broadband. get around the water. mittee for a Responsible Federal Budg- The pandemic has really highlighted Fortunately, the Texas Department et estimates said it will cost $2.65 tril- the digital divide that exists across our of Transportation and construction country, and as Americans relied on crews didn’t waste any time, and I was lion, nearly nine times the size of the the internet to work, to attend school, able to join the dedication less than a last highway bill—nine times. When talking about this proposal, for telehealth, and a long list of other year later. You heard that right. The one House Democrat said: ‘‘It’s gonna activities, it has become increasingly bridge was destroyed, and less than a to be a kitchen sink.’’ apparent that we are far from where we year later we dedicated the opening of The founding director of the Cornell should be when it comes to broadband that bridge. Then we have critical projects in the Program in Infrastructure Policy said: access in this country. works, like the ‘‘forts to ports’’ cor- Well, the administration certainly has There is bipartisan support for a bill ridor of I–14, which stretches from Fort a ‘‘giant definition’’ for what con- that addresses our most urgent infra- Hood all the way to the Gulf of Mexico. stitutes ‘‘infrastructure.’’ structure needs without tacking on un- This will connect our critical military But even journalists are making fun related partisan priorities. As far as installations to our seaports and pro- of the scope of this plan, with one writ- the price tag of the bill, I am not mar- vide a serious boost to our military ing: ‘‘Maybe the real meaning of infra- ried to a particular number. The last readiness. structure is what’s in our hearts.’’ highway bill that became law was These are much more than just roads Well, these aren’t just jokes. Only roughly $300 billion, and I think we all and bridges. They are vital parts of our about 5 percent of this proposal is di- agree there is a need to pursue some- daily lives, trade, emergency response, rected at roads and bridges, what some thing bigger and bolder. But that needs and, of course, national security. have called core infrastructure. In fact, to be limited to infrastructure. And as we welcome more new Texans it puts more money toward electric ve- The final pricetag of that bill should every day, things are nearing a break- hicle chargers than pavement that we be the result of bipartisan negotiations ing point. We can’t punch above our drive on every day. between Democrats and Republicans, weight much longer when it come to The proposal funds a long list of pro- not in numbers handed down from the our transportation infrastructure. It is grams that are a far cry from what administration, unilaterally. time—and I believe it is a bipartisan most people consider to be infrastruc- There is one point I want to make belief that this is the time—to invest ture: caregiving for the elderly and dis- abundantly clear: A bipartisan infra- in our Nation’s infrastructure, and we abled, community colleges, programs structure bill must exist instead of, not know, historically, that this has not to improve diversity in STEM careers. in addition to, our Democrat col- been a partisan issue. All of these are significant and impor- leagues’ unrelated priorities. We can’t I am pro-infrastructure, and I imag- tant issues, but they don’t belong in an work in a bipartisan way to pass one ine every person in this Chamber would infrastructure bill—certainly not one bill only to have our Democratic col- tell you the same thing, regardless of that proposes to raise taxes on the leagues then attempt to jam through whether they are from a red State or American people or to create more on a partisan basis on reconciliation blue State. We have a strong history of debt. another long list of their priorities. In working together to fund the networks Then there are the most absurd poli- other words, we have to choose, and of roads, bridges, airports, railroads, cies that really resemble the Green what I suggest we choose is bipartisan tunnels, and the ports that the Amer- New Deal, which I note was just reof- infrastructure legislation. ican people rely on. For example, in fered by Senator MARKEY and Con- The choice before our Democratic 2015, we passed a 5-year highway and gresswoman OCASIO-CORTEZ: more than colleagues is whether to work together transit funding bill called the FAST $200 billion to build or retrofit more or attempt to go it alone. You really Act, with overwhelming bipartisan sup- than 2 million ‘‘affordable and sustain- can’t have both. port. It received 83 votes here in the able’’ places to live, a ‘‘Civilian Cli- We also need to be serious about pay- Senate and 359 votes in the House, as mate Corp,’’ and an unrealistic goal of ing for our infrastructure in a sustain- well as the signature of President 100 percent renewable-generated elec- able way. We have just spent trillions Obama. This legislation provided the tricity by 2035. of dollars on coronavirus, not to men- certainty and stability our States need My State is an all-of-the-above State tion the long list of priorities included to make long-term investments in crit- when it comes to energy, but I can tell in the most recent partisan bill. ical projects, and it was the first of its you that if all you are depending on is This is not a time to continue the kind in more than a decade. renewable energy, without appropriate spending spree. Investments in our

VerDate Sep 11 2014 00:33 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.011 S20APPT1 dlhill on DSK120RN23PROD with SENATE April 20, 2021 CONGRESSIONAL RECORD — SENATE S2051 roads and bridges are needed, but we RECESS Kaine Murphy Shaheen Kelly Murray Sinema need to figure out how they will be The PRESIDING OFFICER. Under King Ossoff Smith paid for. The massive tax hikes that the previous order, the Senate stands Klobuchar Padilla Stabenow the President has proposed are not a in recess until 2:15 p.m. Leahy Peters Tester viable option. The burden will be borne Luja´ n Reed Van Hollen Thereupon, the Senate, at 12:30 p.m., Lummis Rosen Warner by both American employers and work- recessed until 2:15 p.m. and reassem- Manchin Rounds Warnock ers. bled when called to order by the Pre- Markey Sanders Warren In previous years, the vast majority Menendez Schatz Whitehouse siding Officer (Ms. SINEMA). Merkley Schumer Wyden of infrastructure funding came from the highway trust fund. Every State f NAYS—44 sends dollars to this fund, which fi- EXECUTIVE SESSION Barrasso Graham Portman nances infrastructure across the coun- Blackburn Hagerty Risch --- Blunt Hawley Romney try. But the formula to distribute the Boozman Hoeven Rubio funding is out of date and is facing se- EXECUTIVE CALENDAR Braun Hyde-Smith Sasse rious deficits. Capito Inhofe Scott (FL) The PRESIDING OFFICER. Under Cassidy Johnson Making matters worse, Texans are Shelby the previous order, the Senate will pro- Cornyn Kennedy Sullivan Cotton Lankford getting short-changed and carrying the Thune ceed to executive session and resume Cramer Lee weight of these shortfalls, as a so- Tillis consideration of the following nomina- Crapo Marshall Toomey called donor State. We get 92 cents tion, which the clerk will report. Cruz McConnell Tuberville back on every dollar we send to Wash- The senior assistant legislative clerk Daines Moran ington, DC. Ernst Murkowski Wicker read the nomination of Gary Gensler, Fischer Paul Young That is not the same treatment for of Maryland, to be a Member of the Se- every State. In fact, we receive a lower curities and Exchange Commission for ANSWERED ‘‘PRESENT’’—1 rate of return than every other State. a term expiring June 5, 2026. (Re- Burr If we want to have any long-term suc- appointment) NOT VOTING—1 cess in maintaining our roads and CLOTURE MOTION Scott (SC) bridges, we need to bring this funding The PRESIDING OFFICER. Pursuant formula up to speed as well. The PRESIDING OFFICER. The yeas to rule XXII, the Chair lays before the are 54, the nays are 44, and one Senator Unfortunately, the administration’s Senate the pending cloture motion, responded ‘‘present.’’ proposal fails to do that, and instead of which the clerk will state. The motion is agreed to. making any repairs to the highway The senior assistant legislative clerk f trust fund, it leans on damaging tax read as follows: hikes to pay for this broad range of un- CLOTURE MOTION LEGISLATIVE SESSION related policies. We, the undersigned Senators, in accord- The PRESIDING OFFICER. Under The President has, indeed, proposed ance with the provisions of rule XXII of the the previous order, the Senate will re- the largest set of tax hikes in more Standing Rules of the Senate, do hereby sume legislative session. than a half a century. Economics 101 move to bring to a close debate on the nomi- would teach you that tax increases nation of Executive Calendar No. 34, Gary f aren’t a clear and easy way to boost Gensler, of Maryland, to be a Member of the RECESS revenue, especially when your economy Securities and Exchange Commission for a The PRESIDING OFFICER. The Sen- is already on fragile footing. term expiring June 5, 2026. (Reappointment) Charles E. Schumer, Patrick J. Leahy, ate stands in recess until 4 p.m. I hope our friends on the other side of Richard J. Durbin, Christopher A. Thereupon, the Senate, at 2:56 p.m., the aisle will be willing to work with Coons, Jeff Merkley, Debbie Stabenow, recessed until 4 p.m. and reassembled us to pass a true infrastructure bill, Richard Blumenthal, Jacky Rosen, Mi- when called to order by the Presiding chael F. Bennet, Tammy Duckworth, one that will, first and foremost, im- Officer (Mr. BOOKER). prove roads, bridges, airports, and Amy Klobuchar, Jon Ossoff, Chris Van other critical projects all across the Hollen, Martin Heinrich, Mark R. War- f ner, Dianne Feinstein, Gary C. Peters, country. Kyrsten Sinema. COVID–19 HATE CRIMES ACT— Notably, we must find a responsible Continued The PRESIDING OFFICER. By unan- way to pay for this, but tax hikes are imous consent, the mandatory quorum The PRESIDING OFFICER. The Sen- not the answer. We have always had call has been waived. ator from Minnesota. this idea in the highway trust fund The question is, Is it the sense of the REMEMBERING WALTER FREDERICK MONDALE that user fees—the people that buy gas- Senate that debate on the nomination Ms. KLOBUCHAR. Mr. President, as oline and use the roadways—were the of Gary Gensler, of Maryland, to be a we await a very important moment for ones to pay for them, not pay for them Member of the Securities and Ex- justice in my State today. Our work out of general revenue. And I think we change Commission for a term expiring goes on. need to continue down this user-fee June 5, 2026, shall be brought to a I am here today, first of all, to ac- model, as opposed to deficit spending close? knowledge the loss of my mentor, Vice and adding to our debt. The yeas and nays are mandatory President Walter Mondale. He caught Again, in closing, let me just say, if under the rule. the Nation’s attention fighting for jus- our Democratic friends want to act in The clerk will call the roll. tice. So, it is such a moment. He a bipartisan way, there are people on The senior assistant legislative clerk worked on the forefront of the right to this side of the aisle, including me, called the roll. counsel in the landmark case Gideon v. that would be happy to sit down and Mr. THUNE. The following Senator is Wainwright. start talking. But, first of all, our necessarily absent: the Senator from He followed in the footsteps of Hu- Democratic colleagues must agree to South Carolina (Mr. SCOTT). bert Humphrey to arrive in the Senate. abandon their long wish list of unre- The yeas and nays resulted—yeas 54, He did great things passing civil rights lated partisan provisions. They can’t nays 44, as follows: legislation. work with us on an infrastructure bill [Rollcall Vote No. 156 Ex.] As Vice President, he defined the of- and then follow it with a reconciliation fice of the modern-day Vice President. bill that includes the kitchen sink. YEAS—54 Baldwin Carper Feinstein He was ‘‘Fritz’’ to us. He was our at- A bipartisan bill to rebuild our crum- Bennet Casey Gillibrand torney general, our Senator, and our bling roads and bridges is possible. We Blumenthal Collins Grassley Vice President, and I know he is up have done it before, and we can do it Booker Coons Hassan there right now rooting for justice. again. Brown Cortez Masto Heinrich Cantwell Duckworth Hickenlooper I am going to speak more about Wal- I yield the floor. Cardin Durbin Hirono ter Mondale next week. Senator SMITH,

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