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 , and today DEPARTMENT OF THE TREASURY, we will do that. , 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. funding also included restrictions that It also says this: Under the previous order, the Senate barred States from spending those funds on It is . . . important to note that the States will proceed to the consideration of certain ineligible expenditures. choosing to use the Federal funds to offset a Nothing in the Act prevents States from H.R. 1868, which the clerk will report. reduction in net tax revenue do not thereby enacting a broad variety of tax cuts. That is, The senior assistant legislative clerk forfeit their entire allocation of funds appro- the Act does not ‘‘deny States the ability to read as follows: priated under this statute. cut taxes in any manner whatsoever.’’ It A bill (H.R. 1868) to prevent across-the- simply provides that funding received under They have alluded to that, which is board direct spending cuts, and for other the Act may not be used to offset a reduction not accurate. purposes. in net tax revenue resulting from certain The limitation affects States’ ability to re- The PRESIDING OFFICER. Under changes in state law. If States lower certain tain only those Federal funds used to offset taxes but do not use funds under the Act to the previous order, the clerk will now a reduction in . . . tax revenue resulting report the amendments numbered 1410 offset those cuts—for example, by replacing from certain changes in [the] state law. the lost revenue through other means—the and 1411 by number. That is it. That is not—and these are limitation in the Act is not implicated. AMENDMENT NO. 1410 all supposed to be educated attorneys It is also important to note that States The senior assistant legislative clerk choosing to use the federal funds to offset a that are writing letters wanting expla- reduction in net tax revenue do not thereby nations. read as follows: forfeit their entire allocation of funds appro- This is as common sense as it gets. It The Senator from New Hampshire [Mrs. priated under this statute. The limitation af- is a bipartisan guardrail to simply SHAHEEN] for herself and Ms. COLLINS pro- fects States’ ability to retain only those fed- poses an amendment numbered 1410. make sure the emergency funds make eral funds used to offset a reduction in net The amendment is as follows: tax revenue resulting from certain changes it to the people who need it most, and in state law. the States can do whatever they think (Purpose: In the nature of a substitute) Treasury is crafting further guidance—in- they should do and could do. Strike all after the enacting clause and in- cluding guidance to address more specifi- As a former , I would have sert the following: cally the issues raised by your letter and the been offended if I thought it was ham- SECTION 1. EXTENSION OF TEMPORARY SUSPEN- procedures Treasury will use for any future pered. I am not. I have got to make SION OF MEDICARE SEQUESTRA- recoupment—that will provide additional in- TION. good decisions here. I have other rev- formation about how this provision will be (a) EXTENSION.— administered. We will provide this guidance enue coming in. I want to cut this tax. (1) IN GENERAL.—Section 3709(a) of division before a State must submit a certification That is fine. I just can’t cut a tax to be A of the CARES Act (2 U.S.C. 901a note) is under 602(d)(1). We also expect to engage in popular and then say: OK. Mr. Senators amended by striking ‘‘March 31, 2021’’ and in- an ongoing dialogue throughout the pro- here, please send us money so we can serting ‘‘December 31, 2021’’. gram. be popular back home but use your (2) EFFECTIVE DATE.—The amendment These funds will provide transformative re- made by paragraph (1) shall take effect as if lief to States, territories, and Tribal govern- money to make us look good. That is about it in a nutshell. enacted as part of the CARES Act (Public ments, and our communities should be able Law 116–136). So it is for those reasons, and many, to use the funds to recover from the eco- (b) OFFSET.—Section 251A(6)(C) of the Bal- nomic fallout due to the pandemic, which is many more, I object. anced Budget and Emergency Deficit Control what Congress intended. I hope to work with The PRESIDING OFFICER. Objec- Act of 1985 (2 U.S.C. 901a(6)(C)) is amended— your State, as well as others across the tion is heard to the modification. (1) in clause (i)— country, to ensure these funds can be used in Is there objection to the original re- (A) by striking ‘‘first 6 months’’ and insert- ways that align with the goals of the statute quest? ing ‘‘first 5 1⁄2 months’’; without undue restrictions. (B) by striking ‘‘4.0 percent’’ and inserting Sincerely, Mr. BRAUN. Reserving the right to object, coming from the world of busi- ‘‘2.0 percent’’; and JANET L. YELLEN. (C) by striking ‘‘and’’ at the end; Mr. MANCHIN. Mr. President, I will ness, I have been dismayed by Washing- (2) in clause (ii)— enter this letter into the RECORD, but I ton’s inability to fix problems in a (A) by striking ‘‘second 6 months’’ and in- would like to read the key sentences. timely, rational manner, and that has serting ‘‘6-month period beginning on the And to the Senator from Indiana, if I been over a stretch of many years be- day after the last day of the period described could read this letter to you and to fore I got here. in clause (i)’’; and make sure that—I don’t know how—I I do, respectfully, disagree with my (B) by striking ‘‘0.0 percent.’’ and inserting ‘‘4.0 percent; and’’; and have spoken to my attorney general, friend from West Virginia. We should fix this tax cut prohibition right now (3) by adding at the end the following: who was one of the original cosigners, 1 that was forced into the American Res- ‘‘(iii) with respect to the remaining ⁄2 and I said: Mr. Attorney General, I month in which such order is so effective for want to explain this in English because cue Plan in the wee hours of the morn- such fiscal year, the payment reduction shall it is very easy to understand. It says ing. be 0.0 percent.’’. this: If we want to fix a commonsense SEC. 2. TECHNICAL CORRECTIONS. Nothing in the Act prevents States from problem, we are being told that our (a) RURAL HEALTH CLINIC PAYMENTS.— enacting a broad variety of tax cuts. only choice is to hold Hoosier seniors (1) IN GENERAL.—Section 1833(f)(3) of the Do whatever you want. hostage. This is the most deliberative Social Security Act (42 U.S.C. 1395l(f)(3)) is amended— That is, the Act does not ‘‘deny States the body in the world; this cannot be the (A) in subparagraph (A)— ability to cut taxes in any manner whatso- best the Senate has to offer. (i) in clause (i), by striking subclauses (I) ever.’’ We must get the Federal Government out of the way and stop complicating and (II) and inserting the following: This comes from the Secretary of ‘‘(I) with respect to a rural health clinic Treasury. and confusing States. They should be that had a per visit payment amount estab- It simply provides that funding received allowed to do their jobs. lished for services furnished in 2020— under the Act may not be used to offset a re- And, by the way, they do their jobs— ‘‘(aa) the per visit payment amount appli- duction. . . . balancing their budgets every year, liv- cable to such rural health clinic for rural

VerDate Sep 11 2014 01:40 Mar 26, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\A25MR6.012 S25MRPT1 dlhill on DSK120RN23PROD with SENATE S1802 CONGRESSIONAL RECORD — SENATE March 25, 2021 health clinic services furnished in 2020, in- House. Speaker PELOSI gets to push If the Scott amendment passes, hos- creased by the percentage increase in the around our new majority leader and pital care for half of the children in MEI applicable to primary care services fur- my Democratic colleagues, and they and the vulnerable popu- nished as of the first day of 2021; or get nothing in return. lations most affected by COVID would ‘‘(bb) the limit described in paragraph This bill is a bailout for Speaker (2)(A); and be at risk. ‘‘(II) with respect to a rural health clinic PELOSI and gives California’s Please vote no on this amendment. that did not have a per visit payment healthcare system the ability to claim VOTE ON AMENDMENT NO. 1411 amount established for services furnished in up to 175 percent of uncompensated The PRESIDING OFFICER. The 2020— care costs in their DSH Program while question is on agreeing to the Scott ‘‘(aa) the per visit payment amount appli- all the other States can only claim up cable to such rural health clinic for rural amendment. to 100 percent of costs. Mr. SCOTT of Florida. Mr. President, health clinic services furnished in 2021; or How is that fair to Florida? ‘‘(bb) the limit described in paragraph How can the majority leader and my I ask for the yeas and nays. (2)(A); and’’; and new colleagues from Georgia, Colorado, The PRESIDING OFFICER. Is there a (ii) in clause (ii)(I), by striking ‘‘under sufficient second? clause (i)(I)’’ and inserting ‘‘under subclause New Mexico, and Arizona justify a vote that is unfair to their States? Well, There appears to be a sufficient sec- (I) or (II) of clause (i), as applicable,’’; and ond. (B) by striking subparagraph (B) and in- welcome to Pelosi’s U.S. Senate. serting the following: Seriously, how can anyone in this The clerk will call the roll. ‘‘(B) A rural health clinic described in this body, except, perhaps, my two col- The senior assistant legislative clerk subparagraph is a rural health clinic that— leagues from California, possibly jus- called the roll. ‘‘(i) as of December 31, 2020, was in a hos- tify voting against this amendment? Mr. THUNE. The following Senators pital with less than 50 beds and after such This is a very simple concept. All 50 are necessarily absent: the Senator date such hospital continues to have less States should be treated equally. One from Nebraska (Mr. SASSE), the Sen- than 50 beds (not taking into account any in- ator from Kansas (Mr. MORAN), and the crease in the number of beds pursuant to a State should not be given special treat- waiver under subsection (b)(1)(A) of section ment over the others. This is a bailout Senator from Mississippi (Mrs. HYDE- 1135 during the emergency period described for Speaker PELOSI, period. SMITH). in subsection (g)(1)(B) of such section); and I want to be very clear. I oppose any Further, if present and voting, the ‘‘(ii)(I) as of December 31, 2020, was en- cuts to Medicare benefits. So what I Senator from Kansas (Mr. MORAN) rolled under section 1866(j) (including tem- am offering protects Medicare benefits, would have voted ‘‘yea’’ and the Sen- porary enrollment during such emergency and the only change it makes to this ator from Nebraska (Mr. SASSE) would period for such emergency period); or bill is to strip out this ridiculous have voted ‘‘yea.’’ ‘‘(II) submitted an application for enroll- Pelosi bailout. The PRESIDING OFFICER. Are there ment under section 1866(j) (or a request for such a temporary enrollment for such emer- The PRESIDING OFFICER. The Sen- any other Senators in the Chamber de- gency period) that was received not later ator’s time has expired. siring to vote or to change their vote? than December 31, 2020.’’. Mr. SCOTT of Florida. Mr. President, The result was announced—yeas 47, (2) EFFECTIVE DATE.—The amendments I ask unanimous consent that I have nays 50, as follows: made by this subsection shall take effect as another 30 seconds. [Rollcall Vote No. 141 Ex.] if included in the enactment of the Consoli- The PRESIDING OFFICER. Without YEAS—47 dated Appropriations Act, 2021 (Public Law objection, it is so ordered. 116–260). Mr. SCOTT of Florida. What I am of- Barrasso Fischer Portman Blackburn Graham (b) ADDITIONAL AMOUNT FOR CERTAIN HOS- fering protects Medicare benefits, and Risch PITALS WITH HIGH DISPROPORTIONATE Blunt Grassley Romney the only change it makes to this bill is Boozman Hagerty SHARE.—Effective as if included in the enact- Rounds to strip out this ridiculous Pelosi bail- Braun Hawley Rubio ment of section 203(a) of title II of division Burr Hoeven CC of Public Law 116–260, subsection (g) of out. Scott (FL) Capito Inhofe Scott (SC) section 1923 of the Social Security Act (42 A vote for my amendment is a vote Cassidy Johnson Shelby Collins Kennedy U.S.C. 1396r–4), as amended by such section, to ensure that all 50 States play by the Sullivan Cornyn Lankford is amended by adding at the end the fol- same rules. It is to preserve the cur- Thune Cotton Lee lowing: Tillis rent law. Cramer Lummis ‘‘(3) CONTINUED APPLICATION OF GRAND- A vote against my amendment is a Crapo Marshall Toomey FATHERED TRANSITION RULE.—Notwith- vote to say that your State plays by Cruz McConnell Tuberville standing paragraph (2) of this subsection (as Wicker the rules, but PELOSI gets her own set Daines Murkowski in effect on October 1, 2021), paragraph (2) of Ernst Paul Young this subsection (as in effect on September 30, of rules. 2021, and as applied under section 4721(e) of I yield the floor. NAYS—50 the Balanced Budget Act of 1997, and amend- The PRESIDING OFFICER. The Sen- Baldwin Hickenlooper Reed ed by section 607 of the Medicare, Medicaid, ator from California is recognized. Bennet Hirono Rosen and SCHIP Balanced Budget Refinement Act Mrs. FEINSTEIN. Mr. President, I Blumenthal Kaine Sanders Booker Kelly Schatz of 1999 (Public Law 106–113)) shall apply in rise in strong opposition to this amend- Brown King determining whether a payment adjustment Schumer ment. Cantwell Klobuchar Shaheen for a hospital in a State referenced in section The bill before us today fixes a draft- Cardin Leahy Sinema ´ 4721(e) of the Balanced Budget Act of 1997 ing error from legislation enacted last Carper Lujan Smith Casey Manchin during a State fiscal year shall be considered Stabenow December. The unintentional error oc- Coons Markey consistent with subsection (c).’’. Tester curred accidentally against a long- Cortez Masto Menendez Van Hollen AMENDMENT NO. 1411 TO AMENDMENT NO. 1410 Duckworth Merkley standing rule under which California is Warner The senior assistant legislative clerk able to use Medicaid funding to reim- Durbin Murphy Feinstein Murray Warnock read as follows: burse hospitals serving uninsured and Gillibrand Ossoff Warren The Senator from Florida [Mr. SCOTT] pro- Medicaid patients. Hassan Padilla Whitehouse poses an amendment numbered 1411 to Today’s bill fixes that drafting error. Heinrich Peters Wyden amendment No. 1410. It makes no other changes to law and NOT VOTING—3 The amendment is as follows: does not provide additional funds to Hyde-Smith Moran Sasse (Purpose: To improve the bill) California or any other State. CBO Strike section 2(b). says that this provision has no budg- The amendment (No. 1411) was re- The PRESIDING OFFICER. There etary effect. jected. will now be 2 minutes of debate, equal- Because of the sheer number of Med- AMENDMENT NO. 1410 ly divided, prior to a vote in relation to icaid and uninsured patients that re- The PRESIDING OFFICER. There amendment No. 1411. ceive care in California’s safety net will be 2 minutes of debate on the Sha- The Senator from Florida is recog- hospitals, Congress, in 1997, granted heen-Collins amendment. nized. the State additional flexibility. It can The Senator from New Hampshire. Mr. SCOTT of Florida. Mr. President, use Federal funds it receives to cover Mrs. SHAHEEN. If we are quiet, we it must be nice to be the Speaker of the hospital expenses for those in need. will be quick.

VerDate Sep 11 2014 02:17 Mar 26, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\A25MR6.011 S25MRPT1 dlhill on DSK120RN23PROD with SENATE March 25, 2021 CONGRESSIONAL RECORD — SENATE S1803 I urge my colleagues on both sides of continue to pay their workers, and pro- communities that would share similar the aisle to come together and help en- vide much-needed financial relief for stories. sure that our Nation’s hospitals, nurs- healthcare providers on the frontlines We need to provide them with more ing homes, physicians, and other of this pandemic. financial support so that they can be healthcare providers have the support A year later, we can start to see the there to care for patients, as we con- they need to get through the COVID–19 light at the end of the very long tunnel tinue to make progress in combating pandemic. that is this public health crisis. More this pandemic. This substitute amendment that Sen- than 100 million doses of COVID–19 vac- We cannot allow our hospitals and ator COLLINS and I are offering is a cines have been administered across healthcare providers to go under as we compromise that delays the Medicare the country. And we are starting to see fight through the worst public health payment cuts through December 31 and job growth as more companies start crisis of our lifetimes. ensures that the cost of this delay is hiring again. I urge my colleagues to come to- paid for. However, with hundreds of millions gether again, like we did in the CARES I hope you will support it. of Americans still needing to be vac- Act, and support this legislation when Senator COLLINS. cinated and the threat of COVID–19 it comes up for a vote today. Ms. COLLINS. Mr. President. variants still looming, we need to con- Thank you. The PRESIDING OFFICER. The Sen- tinue to support our frontline The PRESIDING OFFICER. The Sen- ator from Maine. healthcare providers and help keep ator from . Ms. COLLINS. Mr. President, I rise them financially strong for the months Mr. WYDEN. Mr. President, 30 sec- today to support the Shaheen-Collins ahead. onds’ worth. substitute to prevent a cut in Medicare That is why Senator COLLINS and I First of all, we are protecting the reimbursements for hospitals, nursing came together to introduce the Medi- lifeline for senior citizens by delaying homes, home health agencies and other care Sequester Relief Act, a bill that the sequester cut to Medicare. We healthcare providers who continue to would suspend the 2 percent Medicare would have extraordinary problems if care for their patients in this era of payment cuts that are scheduled to hit this cut were to be allowed to take ef- COVID. Congress twice last year sus- healthcare providers starting on April fect. pended the 2-percent Medicare seques- 1. Second, we have defeated the Scott ter in bipartisan COVID relief pack- As a result of the CARES Act and amendment which, if adopted, would ages, and I hope we can do so once through subsequent relief measures, have set a horrible precedent by refus- again. these payment cuts have been sus- ing to fix Congress’s mistake and forc- At a time when our country is rely- pended through March 31, and they ing hospitals in one Senator’s State to ing so heavily on our healthcare pro- need to be suspended again. take on draconian Medicaid cuts. viders to help get us back to normal, With American hospitals and nursing I urge an ‘‘aye’’ vote. we cannot ignore the financial realities homes projecting tens of billions of VOTE ON H.R. 1868 they face. Almost half—17 out of 36—of dollars in additional financial losses The PRESIDING OFFICER. The bill Maine hospitals finished last year with this year due to the COVID–19 crisis, having been read the third time, the a negative operating margin. Accord- we need to continue to avert these question is, Shall the bill pass, as ing to Northern Light Health in Maine, Medicare payment cuts until we are amended? relief from the Medicare sequester further past the worst of the pandemic. amounts to $1 million per month. The substitute amendment that Sen- Mr. MANCHIN. I ask for the yeas and nays. The Shaheen-Collins amendment will ator COLLINS and I are offering today is extend the current sequester morato- a reasonable compromise. It delays the The PRESIDING OFFICER. Is there a rium until the end of the year. This fi- Medicare payment cuts through De- sufficient second? nancial certainty is needed in these un- cember 31. And it ensures that the cost There appears to be a sufficient sec- certain times. of this delay is paid for, so that we do ond. I urge my colleagues to support the not increase the Federal budget deficit. The PRESIDING OFFICER. The Shaheen-Collins substitute. This week, I heard from Wentworth- clerk will call the roll. Thank you. Douglass Hospital in Dover, NH. The legislative clerk called the roll. Mr. THUNE. The following Senators VOTE ON AMENDMENT NO. 1410 They highlighted that this legisla- are necessarily absent: the Senator The PRESIDING OFFICER. The tion would result in $2.1 million in des- from Wyoming (Mr. BARRASSO), the question is on agreeing to the amend- perately needed additional revenue for Senator from Texas (Mr. CORNYN), the ment. the hospital. Senator from Texas (Mr. CRUZ), the The amendment (No. 1410) in the na- The hospital’s chief financial officer, Senator from Mississippi (Mrs. HYDE- ture of a substitute was agreed to. Peter Walcek told me: ‘‘These are real The PRESIDING OFFICER. Under dollars supporting our organization’s SMITH), the Senator from Wisconsin the previous order, the bill is consid- recovery from tens of millions in lost (Mr. JOHNSON), the Senator from Kan- ered read a third time. revenue and added costs during the sas (Mr. MORAN), the Senator from Ne- The amendments were ordered to be pandemic.... By passing a continued braska (Mr. SASSE), and the Senator engrossed and the bill to be read a moratorium through 2021, Wentworth- from Alabama (Mr. TUBERVILLE). third time. Douglass will be in a better place to Further, if present and voting, the The bill was read the third time. care for those in need and respond to Senator from Kansas (Mr. MORAN) The PRESIDING OFFICER. There any future crisis affecting the health of would have voted ‘‘yea.’’ are 2 minutes of debate. our community.’’ The result was announced—yeas 90, Mrs. SHAHEEN. Mr. President, I rise I also heard about the importance of nays 2, as follows: today to urge my colleagues on both Medicare sequester relief for New [Rollcall Vote No. 142 Ex.] sides of the aisle to come together and Hampshire nursing homes. Patricia YEAS—90 help ensure that our Nation’s hos- Ramsey, from the Edgewood Centre Baldwin Cassidy Grassley pitals, nursing homes, physicians, and nursing facility in Portsmouth, NH, Bennet Collins Hagerty other healthcare providers have the fi- said ‘‘the Medicare sequestration sus- Blackburn Coons Hassan Blumenthal Cortez Masto Hawley nancial support they need to get pension, although not a cure, will help Blunt Cotton Heinrich through the COVID–19 pandemic. us mitigate the added operating ex- Booker Cramer Hickenlooper On March 25, 2020, this body came to- penses and losses we continue to expe- Boozman Crapo Hirono Braun Daines Hoeven gether and passed the CARES Act, by a rience, especially with the exacerbated Brown Duckworth Inhofe 96–0 vote—exactly 1 year ago today. workforce shortage.’’ Burr Durbin Kaine The CARES Act helped to provide the I have heard stories like these from Cantwell Ernst Kelly resources needed to ramp up testing so many healthcare providers across Capito Feinstein Kennedy Cardin Fischer King and vaccine development, ensure that New Hampshire, and I believe there are Carper Gillibrand Klobuchar small businesses would have support to healthcare providers in each of our Casey Graham Lankford

VerDate Sep 11 2014 02:17 Mar 26, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G25MR6.019 S25MRPT1 dlhill on DSK120RN23PROD with SENATE S1804 CONGRESSIONAL RECORD — SENATE March 25, 2021 Leahy Peters Sinema The motion was agreed to. MOTION Lee Portman Smith We, the undersigned Senators, in accord- Luja´ n Reed Stabenow f Lummis Risch Sullivan ance with the provisions of rule XXII of the Manchin Romney Tester EXECUTIVE SESSION Standing Rules of the Senate, do hereby Markey Rosen Thune move to bring to a close debate on the nomi- Marshall Rounds Tillis nation of Executive Calendar No. 33, Gary McConnell Rubio Van Hollen EXECUTIVE CALENDAR Gensler, of , to be a Member of the Menendez Sanders Warner Securities and Exchange Commission for the Merkley Schatz Warnock Mr. SCHUMER. Madam President, I remainder of the term expiring June 5, 2021. Murkowski Schumer Warren Murphy Scott (FL) Whitehouse move to proceed to executive session to Charles E. Schumer, Patrick J. Leahy, Murray Scott (SC) Wicker consider Calendar No. 35. Richard J. Durbin, Christopher A. Ossoff Shaheen Wyden The PRESIDING OFFICER. The Coons, , , Padilla Shelby Young question is on agreeing to the motion. , , Robert Menendez, , NAYS—2 The motion was agreed to. Kirsten E. Gillibrand, Chris Van Hol- Paul Toomey The PRESIDING OFFICER. The len, , Angus S. King, Jr., NOT VOTING—8 clerk will report the nomination. Robert P. Casey, Jr., , The legislative clerk read the nomi- Christopher Murphy. Barrasso Hyde-Smith Sasse Cornyn Johnson Tuberville nation of Wendy Ruth Sherman, of f Cruz Moran Maryland, to be Deputy Secretary of LEGISLATIVE SESSION The bill (H.R. 1868), as amended, was State. Mr. SCHUMER. Madam President, I passed. CLOTURE MOTION Mr. SCHUMER. Madam President, I move to proceed to legislative session. The PRESIDING OFFICER (Ms. COR- The PRESIDING OFFICER. The send a cloture motion to the desk. TEZ MASTO). On this vote, the yeas are question is on the motion. 90, the nays are 2. The PRESIDING OFFICER. The clo- The motion was agreed to. The 60-vote threshold having been ture motion having been presented f achieved, the bill, as amended, is under rule XXII, the Chair directs the passed. clerk to read the motion. EXECUTIVE SESSION The bill (H.R. 1868), as amended, The legislative clerk read as follows: passed. The majority leader. CLOTURE MOTION EXECUTIVE CALENDAR f We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the Mr. SCHUMER. Madam President, I EXECUTIVE SESSION Standing Rules of the Senate, do hereby move to proceed to executive session to move to bring to a close debate on the nomi- consider Calendar No. 53. nation of Executive Calendar No. 35, Wendy The PRESIDING OFFICER. The EXECUTIVE CALENDAR Ruth Sherman, of Maryland, to be Deputy question is on agreeing to the motion. Secretary of State. The motion was agreed to. Mr. SCHUMER. Madam President, I Charles E. Schumer, Robert Menendez, The PRESIDING OFFICER. The move to proceed to executive session to , Tammy Baldwin, clerk will report the nomination. consider Calendar No. 55. Richard J. Durbin, Thomas R. Carper, The legislative clerk read the nomi- The PRESIDING OFFICER. The , Richard Blumenthal, Ben nation of Brenda Mallory, of Maryland, ´ question is on agreeing to the motion. Ray Lujan, , Ron to be a Member of the Council on Envi- Wyden, Cory A. Booker, , The motion was agreed to. ronmental Quality. The PRESIDING OFFICER. The Jack Reed, Mark R. Warner, Chris Van Hollen, Robert P. Casey, Jr. CLOTURE MOTION clerk will report the nomination. Mr. SCHUMER. Madam President, I f The legislative clerk read the nomi- send a cloture motion to the desk. nation of Polly Ellen Trottenberg, of LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- New York, to be Deputy Secretary of ture motion having been presented Transportation. Mr. SCHUMER. Madam President, I move to proceed to legislative session. under rule XXII, the Chair directs the CLOTURE MOTION The PRESIDING OFFICER. The clerk to read the motion. The legislative clerk read as follows: Mr. SCHUMER. Madam President, I question is on agreeing to the motion. CLOTURE MOTION send a cloture motion to the desk. The motion was agreed to. The PRESIDING OFFICER. The clo- We, the undersigned Senators, in accord- ture motion having been presented f ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby under rule XXII, the Chair directs the EXECUTIVE SESSION clerk to read the motion. move to bring to a close debate on the nomi- nation of Executive Calendar No. 53, Brenda The legislative clerk read as follows: Mallory, of Maryland, to be a Member of the CLOTURE MOTION EXECUTIVE CALENDAR Council on Environmental Quality. We, the undersigned Senators, in accord- Mr. SCHUMER. Madam President, I Charles E. Schumer, Ron Wyden, , Richard J. Durbin, Robert P. ance with the provisions of rule XXII of the move to proceed to executive session to Standing Rules of the Senate, do hereby Casey, Jr., , Tim move to bring to a close debate on the nomi- consider Calendar No. 33. Kaine, Angus S. King, Jr., Tammy nation of Executive Calendar No. 55, Polly The PRESIDING OFFICER. The Duckworth, , Gary Ellen Trottenberg, of New York, to be Dep- question is on agreeing to the motion. C. Peters, , Patty Murray, uty Secretary of Transportation. The motion was agreed to. Tina Smith, Mazie K. Hirono, Sheldon Charles E. Schumer, Patrick J. Leahy, The PRESIDING OFFICER. The Whitehouse, Alex Padilla. Richard J. Durbin, Christopher A. clerk will report the nomination. f Coons, Patty Murray, Jeff Merkley, The legislative clerk read the nomi- LEGISLATIVE SESSION Tammy Baldwin, Elizabeth Warren, nation of Gary Gensler, of Maryland, to Robert Menendez, Richard Blumenthal, Mr. SCHUMER. Madam President, I Kirsten E. Gillibrand, Chris Van Hol- be a Member of the Securities and Ex- change Commission for the remainder move to proceed to legislative session. len, Ron Wyden, Angus S. King, Jr., The PRESIDING OFFICER. The of the term expiring June 5, 2021. Robert P. Casey, Jr., Amy Klobuchar, question is on agreeing to the motion. Christopher Murphy. CLOTURE MOTION The motion was agreed to. f Mr. SCHUMER. Madam President, I f send a cloture motion to the desk. LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- COVID–19 HATE CRIMES ACT— Mr. SCHUMER. Madam President, I ture motion having been presented Motion to Proceed move to proceed to legislative session. under rule XXII, the Chair directs the Mr. SCHUMER. Madam President, I The PRESIDING OFFICER. The clerk to read the motion. move to proceed to Calendar No. 13, S. question is on agreeing to the motion. The legislative clerk read as follows: 937.

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