[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Daily Digest]
[Pages D200-D203]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                                              Friday, March 5, 2021

[[Page D200]]

                              Daily Digest


HIGHLIGHTS

      Senate passed H.R. 1319, American Rescue Plan Act, as amended.

                                 Senate


Chamber Action
Routine Proceedings, pages S1217-S1407
Measures Introduced: Five bills were introduced, as follows: S. 612-
616.                                                         
  Page S1274
Measures Passed:
  American Rescue Plan Act: By 50 yeas to 49 nays (Vote No. 110), 
Senate passed H.R. 1319, to provide for reconciliation pursuant to 
title II of S. Con. Res. 5, after taking action on the following 
amendments proposed thereto:                             
  Pages S1219-69
Adopted:
  By 50 yeas to 49 nays (Vote No. 76), Portman Amendment No. 1092 (to 
Amendment No. 891), to reduce unemployment compensation provisions. 
                                                         Pages S1231-33
  By 50 yeas to 49 nays (Vote No. 79), Wyden Amendment No. 1378 (to 
Amendment No. 891), relating to crisis support for unemployed workers. 
                                                         Pages S1234-35
  By 51 yeas to 48 nays (Vote No. 81), Hassan/Murray Amendment No. 1344 
(to Amendment No. 891), to provide for a safe return to in-person 
instruction.                                             
Pages S1236-37
  Moran Amendment No. 1342 (to Amendment No. 891), to provide an 
effective date for the modification of revenue requirements for 
proprietary institutions or higher education.            
Pages S1245-46
  Murkowski/Portman Amendment No. 1233 (to Amendment No. 891), to use 
$800,000,000 of the Elementary and Secondary School Emergency Relief 
Fund to identify and provide homeless children and youth with wrap-
around services in light of the challenges of COVID-19 and other 
assistance.                                                  
Page S1260
  By 93 yeas to 6 nays (Vote No. 109),Warner/Rubio Amendment No. 1391 
(to Amendment No. 891), to extend the authority for Federal contractors 
to reimburse employees unable to perform work due to the COVID-19 
pandemic from March 31, 2021, to September 30, 2021.         
Page S1261
  Schumer Amendment No. 1398 (to Amendment No. 891), of a perfecting 
nature.                                                  
Pages S1261-62
  Schumer Amendment No. 891, relating to the American Rescue Plan Act 
of 2021.                                                 
Pages S1219-69
Rejected:
  By 49 yeas to 50 nays (Vote No. 78), Scott (SC)/Barrasso Amendment 
No. 1030 (to Amendment No. 891), relating to funding for State strike 
teams for resident and employee safety in nursing facilities. 
                                                         Pages S1233-34
  By 48 yeas to 51 nays (Vote No. 80), Rubio Amendment No. 1026 (to 
Amendment No. 891), to amend the Elementary and Secondary School 
Emergency Relief Fund.                                   
Pages S1235-36
  By 48 yeas to 51 nays (Vote No. 82), Graham Modified Amendment No. 
1369 (to Amendment No. 891), relating to Coronavirus State and local 
fiscal recovery fund.                                    
Pages S1237-38
  By 49 yeas to 50 nays (Vote No. 84), Cassidy Amendment No. 1161 (to 
Amendment No. 891), relating to emergency assistance to non-public 
schools.                                                 
Pages S1239-40
  By 49 yeas to 50 nays (Vote No. 85), Grassley motion to commit the 
bill to the Committee on Finance, with instructions.         
Page S1240
  By 49 yeas to 50 nays (Vote No. 86), Toomey/Daines Amendment No. 1010 
(to Amendment No. 891), to strike a provision providing payments to 
farmers for purposes unrelated to COVID-19.              
Pages S1240-41
  By 49 yeas to 50 nays (Vote No. 87), Fischer Amendment No. 944 (to 
Amendment No. 891), to distribute funds for public transportation 
urbanized area formula grants through the existing formulas. 
                                                         Pages S1241-42
  By 47 yeas to 51 nays (Vote No. 88), Paul Amendment No. 1014 (to 
Amendment No. 891), to strike provisions relating to nonprofit entities 
for the paycheck protection program.                         
Page S1242

[[Page D201]]


  By 48 yeas to 50 nays (Vote No. 89), Young Amendment No. 1383, to 
strike the provision establishing the Emergency Federal Employee Leave 
Fund and appropriate $300,000,000 for chemical screening devices for 
U.S. Customs and Border Protection.                      
Pages S1242-43
  By 48 yeas to 50 nays (Vote No. 90), Capito Motion to commit the bill 
to the Committee on Finance, with instructions.          
Pages S1243-44
  By 47 yeas to 51 nays (Vote No. 91), Scott (FL) Amendment No. 1395 
(to Amendment No. 891), to fund the procurement of HC-130J aircraft by 
the Coast Guard, and to provide an offset by striking National Railroad 
Passenger Corporation grant funding for the Northeast Corridor. 
                                                         Pages S1244-45
  By 48 yeas to 50 nays (Vote No. 92), Cotton motion to commit the bill 
to the Committee on Finance, with instructions.              
Page S1245
  By 49 yeas to 50 nays (Vote No. 93), Blackburn Amendment No. 996 (to 
Amendment No. 891), to strike section 9831.              
Pages S1247-47
  By 49 yeas to 50 nays (Vote No. 95), Cruz Amendment No. 969 (to 
Amendment No. 891), to provide children with an option for in-classroom 
education instruction if the child's local public school does not 
commit to re-opening to 5-day-a-week, in-classroom instruction for the 
remainder of the current school year and the 2021-2022 school year. 
                                                         Pages S1247-49
  By 49 yeas to 50 nays (Vote No. 96), Romney Amendment No. 1364 (to 
Amendment No. 891), to provide relief for State and local governments 
based on demonstrated need.                              
Pages S1249-50
  By 49 yeas to 50 nays (Vote No. 98), Haggerty motions to commit the 
bill to the Committees (en bloc): Environment and Public Works; 
Agriculture, Nutrition and Forestry; Health, Education, Labor, and 
Pensions; Banking, Housing, and Urban Affairs; Homeland Security and 
Governmental Affairs; Small Business and Entrepreneurship; Commerce, 
Science, and Transportation; Veterans' Affairs; Finance; Foreign 
Relations; Indian Affairs, with instructions.            
Pages S1251-54
  By 48 yeas to 50 nays (Vote No. 99), Kennedy motion to commit the 
bill to the Committee on Small Business and Entrepreneurship, with 
instructions.                                                
Page S1254
  By 48 yeas to 51 nays (Vote No. 100), Scott (FL) motion to commit the 
bill to the Committee on Homeland Security and Governmental Affairs, 
with instructions.                                           
Page S1254
  By 49 yeas to 50 nays (Vote No. 101), Lee/Rubio Amendment No. 1381 
(to Amendment No. 891), to modify the provisions relating to the child 
tax credit and to strike the provisions relating to dependent care 
assistance.                                              
Pages S1255-56
  By 49 yeas to 50 nays (Vote No. 102), Cornyn motion to commit the 
bill to the Committee on Health, Education, Labor and Pensions, with 
instructions.                                                
Page S1256
  By 49 yeas to 50 nays (Vote No. 103), Cassidy/Cotton Amendment No. 
1162 (to Amendment No. 891), to ensure that the 2021 Recovery Rebates 
are not provided to prisoners.                           
Pages S1256-67
  By 49 yeas to 50 nays (Vote No. 104), Cruz Amendment No. 968 (to 
Amendment No. 891), to ensure that the 2021 Recovery Rebates are not 
provided to illegal immigrants.                          
Pages S1257-58
  By 49 yeas to 50 nays (Vote No. 105), Lee Amendment No. 1331 (to 
Amendment No. 891), to limit the expansion of premium assistance for 
households above 500 percent of the federal poverty line.    
Page S1258
  By 45 yeas to 54 nays (Vote No. 106), Grassley Amendment No. 902 (to 
Amendment No. 891), to provide funding for payments for losses of crops 
due to disasters.                                        
Pages S1258-59
  By 49 yeas to 50 nays (Vote No. 107), Moran Amendment No. 1154 (to 
Amendment No. 891), to increase the availability of amounts for the 
Veterans Community Care program of the Department of Veterans Affairs. 
                                                         Pages S1259-60
  By 49 yeas to 50 nays (Vote No. 108), Daines motion to commit the 
bill to the Committee on Foreign Relations, with instructions. 
                                                         Pages S1260-61
  During consideration of this measure today, Senate also took the 
following action:
  By 42 yeas to 58 nays (Vote No. 74), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected the motion to waive section 904 of the Congressional Budget 
Act of 1974 and the waiver provisions of all applicable budget 
resolutions, with respect to Sanders Amendment No. 972 (to Amendment 
No. 891), to provide for increases in the Federal minimum wage. 
Subsequently, the point of order that the amendment was in violation of 
section 313(b)(1)(D) of the Congressional Budget Act of 1974, was 
sustained, and the amendment thus fell.                  
Pages S1219-30
  By 49 yeas to 50 nays (Vote No. 75), Senate rejected the McConnell 
motion to adjourn the Senate until 10 a.m., on Saturday, March 6, 2021.
                                                             Page S1231
  By 48 yeas to 51 nays (Vote No. 77), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected the motion to waive section 904 of the Congressional Budget 
Act of 1974 and the waiver provisions of all applicable budget 
resolutions, with respect to Collins Amendment No. 1242 (to Amendment 
No. 891), in the nature of a substitute. Subsequently, the point of 
order that the amendment was in violation of section

[[Page D202]]

313(b)(1)(D) of the Congressional Budget Act of 1974, was sustained, 
and the amendment thus fell.                                 
Page S1233
  By 51 yeas to 48 nays (Vote No. 83), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected the motion to waive section 904 of the Congressional Budget 
Act of 1974 and the waiver provisions of all applicable budget 
resolutions, with respect to Tester Amendment No. 1197 (to Amendment 
No. 891), to require the President to review and approve the Keystone 
XL Pipeline to assist COVID-impacted communities. Subsequently, the 
point of order that the amendment was in violation of section 305(b)(2) 
of the Congressional Budget Act of 1974, was sustained, and the 
amendment thus fell.                                     
Pages S1238-39
  By 52 yeas to 47 nays (Vote No. 94), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected the motion to waive section 904 of the Congressional Budget 
Act of 1974 and the waiver provisions of all applicable budget 
resolutions, with respect to Lankford Amendment No. 1031 (to Amendment 
No. 891), relating to programs for survivors. Subsequently, the point 
of order that the amendment was in violation of section 313(b)(1)(D) of 
the Congressional Budget Act of 1974, was sustained, and the amendment 
thus fell.                                                   
Page S1247
  By 49 yeas to 50 nays (Vote No. 97), three-fifths of those Senators 
duly chosen and sworn not having voted in the affirmative, Senate 
rejected the motion to waive section 904 of the Congressional Budget 
Act of 1974 and the waiver provisions of all applicable budget 
resolutions, with respect to Tuberville Amendment No. 1386 (to 
Amendment No. 891), to prohibit funds made available under title II to 
States, local educational agencies, and institutions of higher 
education that permit any student whose biological sex is male to 
participate in an athletic program or activity designated for women or 
girls. Subsequently, the point of order that the amendment was in 
violation of section 313(b)(1)(D) of the Congressional Budget Act of 
1974, was sustained, and the amendment thus fell.        
Pages S1250-51
Measures Considered:
Secretary of Defense Appointment Exception: Senate began consideration 
of the motion to proceed to consideration of S. 11, to provide for an 
exception to a limitation against appointment of persons as Secretary 
of Defense within seven years of relief from active duty as a regular 
commissioned officer of the Armed Forces.                    
  Page S1270
Fudge Nomination--Cloture: Senate began consideration of the nomination 
of Marcia Louise Fudge, of Ohio, to be Secretary of Housing and Urban 
Development.                                                 
  Page S1269
  A motion was entered to close further debate on the nomination, and, 
in accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, and pursuant to the unanimous-consent agreement of 
Saturday, March 6, 2021, a vote on cloture will occur at 5:30 p.m., on 
Tuesday, March 9, 2021.                                      
Page S1269
  Prior to the consideration of this nomination, Senate took the 
following action:
  Senate agreed to the motion to proceed to Executive Session to 
consider the nomination.                                     
Page S1269
  A unanimous-consent agreement was reached providing that Senate 
resume consideration of the nomination at approximately 3 p.m., on 
Tuesday, March 9, 2021.
Garland Nomination--Cloture: Senate began consideration of the 
nomination of Merrick Brian Garland, of Maryland, to be Attorney 
General.                                                     
  Page S1269
  A motion was entered to close further debate on the nomination, and, 
in accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, a vote on cloture will occur upon disposition of the 
nomination of Marcia Louise Fudge, of Ohio, to be Secretary of Housing 
and Urban Development.                                       
Page S1269
  Prior to the consideration of this nomination, Senate took the 
following action:
  Senate agreed to the motion to proceed to Legislative Session. 
                                                             Page S1269
  Senate agreed to the motion to proceed to Executive Session to 
consider the nomination.                                     
Page S1269
Regan Nomination--Cloture: Senate began consideration of the nomination 
of Michael Stanley Regan, of North Carolina, to be Administrator of the 
Environmental Protection Agency.                             
  Page S1270
  A motion was entered to close further debate on the nomination, and, 
in accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, a vote on cloture will occur upon disposition of the 
nomination of Merrick Brian Garland, of Maryland, to be Attorney 
General.                                                     
Page S1270
  Prior to the consideration of this nomination, Senate took the 
following action:
  Senate agreed to the motion to proceed to Legislative Session. 
                                                             Page S1270
  Senate agreed to the motion to proceed to Executive Session to 
consider the nomination.                                     
Page S1270
  A unanimous-consent agreement was reached providing that if cloture 
is invoked on the nomination of Marcia Louise Fudge, of Ohio, to be 
Secretary of Housing and Urban Development, post-cloture time expire on 
Wednesday, March 10, 2021, at 12 noon;

[[Page D203]]

and that notwithstanding Rule XXII, following the cloture vote on the 
nomination of Marcia Louise Fudge, Senate vote on the motion to invoke 
cloture on the nomination of Merrick Brian Garland, of Maryland, to be 
Attorney General; and if cloture is invoked on the nomination of 
Merrick Brian Garland, post-cloture time expire on Wednesday, March 10, 
2021, at 2:15 p.m.; further that motion to invoke cloture on the 
nomination of Michael Stanley Regan, of North Carolina, to be 
Administrator of the Environmental Protection Agency, ripen following 
disposition of Merrick Brian Garland.                        
Page S1270
Nominations Received: Senate received the following nominations:
  1 Air Force nomination in the rank of general.
  1 Army nomination in the rank of general.
  2 Navy nominations in the rank of admiral.                 
Page S1404
Executive Communications:
Additional Cosponsors:                                   
  Pages S1275-76
Statements on Introduced Bills/Resolutions:
Additional Statements:                                       
  Page S1274
Amendments Submitted:                                 
  Pages S1276-S1406
Privileges of the Floor:                                     
  Page S1406
Record Votes: Thirty-seven record votes were taken today. (Total--110) 
                                                  Pages S1230-61, S1269
Adjournment: Senate convened at 9 a.m. on Friday, March 5, 2021 and 
adjourned at 1:05 p.m. on Saturday, March 6, 2021, until 3 p.m. on 
Tuesday, March 9, 2021. (For Senate's program, see the remarks of the 
Majority Leader in today's Record on page S1407.)