S1800 CONGRESSIONAL RECORD — SENATE March 25, 2021 NFIB supports H.R. 1799, the PPP Exten- Portman Scott (SC) Tuberville It imposes an ambiguous condition sion Act of 2021 and will consider final pas- Reed Shaheen Van Hollen on Federal funding; it results in Fed- sage of the legislation as an NFIB Key Vote Romney Sinema Warner Rosen Smith eral conditions that don’t relate to the for the 117th Congress. Warnock Rounds Stabenow Federal interest for which the program Sincerely, Warren Rubio Sullivan Whitehouse was established; it violates separation KEVIN KUHLMAN, Sanders Tester Wicker of powers and fundamental democratic Vice President, Schatz Thune Wyden Schumer Tillis Federal Government Relations, NFIB. Young principles and effectively commandeers Scott (FL) Toomey Ms. COLLINS. Mr. President, I urge half of the States’ fiscal ledgers; and, all of our colleagues to vote yes on this NAYS—7 ultimately, it is unconstitutionally co- bill, which will provide a crucial 2- Crapo Lee Shelby ercive. month extension for the Paycheck Pro- Cruz Paul Treasury said last week that States Hawley Risch tection Program. can still cut their taxes; they just can’t This program has been a lifeline to NOT VOTING—1 use American Rescue Plan money to do countless small businesses and has Sasse it. But Governors and State legisla- saved more than 50 million jobs in this tures are still confused. The bill (H.R. 1799) passed. One midwestern attorney general has country. The PRESIDING OFFICER (Mr. VAN I salute my colleagues Senator asked a Federal judge to block the tax HOLLEN). The majority leader. cut prohibition. Multiple tax profes- CARDIN and Senator SHAHEEN for their f work on this extension, which was sionals and outside groups say there overwhelmingly passed by the House. PREVENTING ACROSS-THE-BOARD are many questions still left unan- Let’s talk about briefly what would DIRECT SPENDING CUTS swered. We can stop this entire mess by happen if we do not act. If we do not Mr. SCHUMER. Mr. President, I ask adopting my amendment, the Let act, there are approximately 190,000 unanimous consent that the Senate States Cut Taxes Act, an amendment loans still under review, which pre- proceed to the immediate consider- to stop the Federal Government’s un- vents any of these businesses from re- ation of H.R. 1868; that the Shaheen- constitutional overreach on States’ ceiving a second PPP loan. These small Collins substitute amendment No. 1410 rights. businesses need this assistance now in and the Scott of Florida amendment Therefore, I ask that the Senator order to pay their employees and stay No. 1411 be made pending and reported modify his request to include my afloat during this pandemic. by number; further, that the Senate amendment, which is at the desk, and We cannot wait. The House has gone vote in relation to the Scott amend- that following disposition of the Scott home. We cannot allow an interruption ment and the substitute, that upon dis- amendment, the Senate vote on my of this vital program that has made position of the amendments, the bill be amendment with a 60-affirmative-vote such a difference to our small busi- considered read a third time, the Sen- threshold for adoption. nesses and their employees. ate vote on passage of the bill as The PRESIDING OFFICER. Does the I urge all of my colleagues to support amended, if amended, with 60 affirma- Senator so modify his request? this 2-month extension, with an addi- tive votes required for passage; further, The Senator from West Virginia. tional month for SBA to review the ap- that there be 2 minutes for debate, Mr. MANCHIN. Mr. President, I re- plications. equally divided, prior to each vote; and serve the right to object. VOTE ON H.R. 1799 finally, that the motions to reconsider I have a statement to make. The PRESIDING OFFICER. The bill be considered made and laid upon the Last week, my friend from Indiana having been read the third time, the table, all with no intervening action or and I were last down here discussing question is, Shall the bill pass? debate. this issue. Mr. CARDIN. I ask for the yeas and The PRESIDING OFFICER. Is there There seemed to be a lot of confusion nays. objection? about the Treasury—or how the Treas- The PRESIDING OFFICER. Is there a The Senator from Indiana. Mr. ury would interpret the net tax rev- sufficient second? BRAUN. Mr. President, reserving the enue provision. There seemed to be a There appears to be a sufficient sec- right to object, I rise today to ask sup- fear that this language would prevent ond. port of this body to fix a problem in States from cutting any taxes whatso- The clerk will call the roll. the American Rescue Plan, a bill that ever. The bill clerk called the roll. was passed in a rushed manner with no And the good news is that we re- Mr. THUNE. The following Senator is input from Republicans. ceived some guidance earlier this week necessarily absent: the Senator from I do not rise today to debate the un- from Secretary Yellen that should put Nebraska (Mr. SASSE). derlying bill, although there could be those concerns to bed once and for all. Further, if present and voting, the plenty to debate about it, but to make Mr. President, I ask unanimous con- Senator from Nebraska (Mr. SASSE) the point we can multitask and address sent to have printed in the RECORD the would have voted ‘‘yea.’’ more than one time-sensitive issue at a letter from Secretary Yellen. The result was announced—yeas 92, time. There being no objection, the mate- nays 7, as follows: We need to protect senior citizens rial was ordered to be printed in the [Rollcall Vote No. 140 Leg.] and ensure we aren’t making cuts to a RECORD, as follows: YEAS—92 vital program like Medicare, and today DEPARTMENT OF THE TREASURY, we will do that. Washington, DC, March 23, 2021. Baldwin Cotton Kelly Barrasso Cramer Kennedy But we have another issue that we Hon. MARK BRNOVICH, Bennet Daines King can address today as well. Attorney General, State of Arizona, Blackburn Duckworth Klobuchar In the American Rescue Plan, Demo- Phoenix, AZ. Blumenthal Durbin Lankford crats punished red States, like Indiana, DEAR ATTORNEY GENERAL BRNOVICH: I Blunt Ernst Leahy write in reply to your March 16, 2021 letter Booker Feinstein Luja´ n for keeping unemployment low, by tak- regarding Treasury’s implementation of sec- Boozman Fischer Lummis ing a smart approach to COVID, by bal- tion 9901 of the American Rescue Plan Act Braun Gillibrand Manchin ancing public safety with the economy. Brown Graham Markey (the ‘‘Act’’), which provides funds to States, Burr Grassley Marshall Now they want to tell States that territories, Tribal governments, and local- Cantwell Hagerty McConnell they can’t cut taxes through 2024, de- ities to help them manage the economic con- Capito Hassan Menendez spite being good stewards day in and sequences of COVID–19. Cardin Heinrich Merkley In the Act, Congress has provided funding Carper Hickenlooper Moran day out of taxpayer money over the past year. to help States manage the public health and Casey Hirono Murkowski economic consequences of COVID–19 and it Cassidy Hoeven Murphy This provision is so troubling that 21 has given States considerable flexibility to Collins Hyde-Smith Murray State AGs sent a letter to the Treasury Coons Inhofe Ossoff use that money to address the diverse needs Cornyn Johnson Padilla raising the following concerns about of their communities. At the same time, Cortez Masto Kaine Peters the tax cut prohibition: Congress placed limitations to ensure that VerDate Sep 11 2014 01:40 Mar 26, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\A25MR6.007 S25MRPT1 dlhill on DSK120RN23PROD with SENATE March 25, 2021 CONGRESSIONAL RECORD — SENATE S1801 the money is used to achieve those pur- That you choose, unless it is COVID ing within their means. Most of the poses—including provisions stating that this related. It makes all the sense in the rest of the country accepts that as funding may not be used to offset a reduc- world. It has to be COVID related. well. tion in net tax revenue resulting from cer- tain changes in state law. If States lower certain taxes but do not use Given the looming April 1 deadline It is well established that Congress may funds under the Act to offset those cuts—for for cuts to return to Medicare, I am place such reasonable conditions on how example, by replacing the lost revenue not willing to let Hoosier seniors suf- States may use federal funding. Congress in- through other means—the limitation in the fer. As a result, I will withdraw my cludes those sorts of reasonable funding con- Act is not implicated. amendment in the interest of seniors ditions in legislation routinely, including They can do whatever they want to. across Indiana. with respect to funding for Medicaid, edu- And if they can show other revenue to cation, and highways. Here, the Act provides I look forward to working with the a broad outlay of federal funds, and accord- offset it, that is great. They just can- two leaders after the recess to fix this ingly includes restrictions to ensure that not use the Treasury’s money that the issue. I will not object. those funds are properly applied. Earlier people have invested in their States for The PRESIDING OFFICER. Without COVID–19 relief measures providing state that purpose. objection, it is so ordered.