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Senate Floor Activity - Friday, March 5, 2021


Ms. Tina Smith, from the State of Minnesota, called the Senate to order at 9 a.m., the Chaplain offered a prayer, and Ms. Smith led the Senate in reciting the Pledge of Allegiance to the Flag of the United States of America.

The Journal

Pursuant to the order of yesterday, the Journal of the proceedings of the Senate was deemed approved to date.

Certain Procedures Dispensed With

Pursuant to the order of yesterday, the morning hour being deemed expired, and the times for the recognition of the two leaders being reserved.

Transaction of Morning Business

The following transactions of morning business occurred on today .

Legislative Business (Friday, March 5)

H.R. 1319: A bill to provide for reconciliation pursuant to title II of S. Con. Res. 5.
-- Considered by Senate.
-- Motion by Senator Grassley to commit to Senate Committee on Finance with instructions rejected in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 85
-- Motion by Senator Capito to commit to Senate Committee on Finance with instructions rejected in Senate by Yea-Nay Vote. 48 - 50. Record Vote Number: 90
-- Motion by Senator Cotton to commit to Senate Committee on Finance with instructions rejected in Senate by Yea-Nay Vote. 48 - 50. Record Vote Number: 92
-- Motion by Senator Hagerty to commit to Senate Committee on Environment and Public Works with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Agriculture, Nutrition, and Forestry with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Health, Education, Labor, and Pensions with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Banking, Housing , and Urban Affairs with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Homeland Security and Governmental Affairs with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Small Business and Entrepreneurship with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Commerce, Science, and Transportation with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Veterans' Affairs with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Finance with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Foreign Relations with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Indian Affairs with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committees on 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; each with instructions (11 motions considered en bloc) rejected in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 98
-- Motion by Senator Kennedy to commit to Senate Committee on Small Business and Entrepreneurship with instructions rejected in Senate by Yea-Nay Vote. 48 - 50. Record Vote Number: 99
-- Motion by Senator Scott FL, to commit to Senate Committee on Homeland Security and Governmental Affairs with instructions rejected in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 100
-- Motion by Senator Cornyn to commit to Senate Committee on Health, Education , Labor, and Pensions with instructions rejected in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 102
-- Motion by Senator Daines to commit to Senate Committee on Foreign Relations with instructions rejected in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 108
-- Passed Senate with an amendment by Yea-Nay Vote. 50 - 49. Record Vote Number: 110
S.Amdt. 891 (Sen. Schumer): To improve the bill.
-- Amendment pending in Senate.
-- Amendment SA 891 agreed to in Senate by Voice Vote.

S.Amdt. 972 (Sen. Sanders): To provide for increases in the Federal minimum wage.
-- Amendment SA 972 proposed by Senator Sanders to Amendment SA 891.
-- Point of order that the amendment violates section 313(b)(1)(D) of the CBA raised in Senate with respect to amendment SA 972.
-- Motion to waive all applicable budgetary discipline with respect to amendment SA 972 rejected in Senate by Yea-Nay Vote. 42 - 58. Record Vote Number: 74
-- Amendment SA 972 ruled out of order by the chair.

S.Amdt. 1092 (Sen. Portman): To reduce unemployment compensation provisions .
-- Amendment SA 1092 proposed by Senator Portman to Amendment SA 891.
-- Amendment SA 1092 agreed to in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 76


Legislative Business (Saturday, March 6)

H.R. 1319: A bill to provide for reconciliation pursuant to title II of S. Con. Res. 5.
-- Considered by Senate.
-- Motion by Senator Grassley to commit to Senate Committee on Finance with instructions rejected in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 85
-- Motion by Senator Capito to commit to Senate Committee on Finance with instructions rejected in Senate by Yea-Nay Vote. 48 - 50. Record Vote Number: 90
-- Motion by Senator Cotton to commit to Senate Committee on Finance with instructions rejected in Senate by Yea-Nay Vote. 48 - 50. Record Vote Number: 92
-- Motion by Senator Hagerty to commit to Senate Committee on Environment and Public Works with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Agriculture, Nutrition, and Forestry with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Health, Education, Labor, and Pensions with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Banking, Housing , and Urban Affairs with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Homeland Security and Governmental Affairs with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Small Business and Entrepreneurship with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Commerce, Science, and Transportation with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Veterans' Affairs with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Finance with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Foreign Relations with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committee on Indian Affairs with instructions made in Senate.
-- Motion by Senator Hagerty to commit to Senate Committees on 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; each with instructions (11 motions considered en bloc) rejected in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 98
-- Motion by Senator Kennedy to commit to Senate Committee on Small Business and Entrepreneurship with instructions rejected in Senate by Yea-Nay Vote. 48 - 50. Record Vote Number: 99
-- Motion by Senator Scott FL, to commit to Senate Committee on Homeland Security and Governmental Affairs with instructions rejected in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 100
-- Motion by Senator Cornyn to commit to Senate Committee on Health, Education , Labor, and Pensions with instructions rejected in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 102
-- Motion by Senator Daines to commit to Senate Committee on Foreign Relations with instructions rejected in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 108
-- Passed Senate with an amendment by Yea-Nay Vote. 50 - 49. Record Vote Number: 110
S.Amdt. 891 (Sen. Schumer): To improve the bill.
-- Amendment pending in Senate.
-- Amendment SA 891 agreed to in Senate by Voice Vote.

S.Amdt. 902 (Sen. Grassley): To provide funding for payments for losses of crops due to disasters.
-- Amendment SA 902 proposed by Senator Grassley.
-- Amendment SA 902 not agreed to in Senate by Yea-Nay Vote. 45 - 54. Record Vote Number: 106

S.Amdt. 944 (Sen. Fischer): To distribute funds for public transportation urbanized area formula grants through the existing formulas .
-- Amendment SA 944 proposed by Senator Fischer for Senator Fischer to Amendment SA 891.
-- Amendment SA 944 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 87

S.Amdt. 968 (Sen. Cruz): To ensure that the 2021 Recovery Rebates are not provided to illegal immigrants.
-- Amendment SA 968 proposed by Senator Cruz to Amendment SA 891.
-- Amendment SA 968 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 104

S.Amdt. 969 (Sen. Cruz): 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 .
-- Amendment SA 969 proposed by Senator Cruz to Amendment SA 891.
-- Amendment SA 969 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 95

S.Amdt. 996 (Sen. Blackburn): To strike section 9831.
-- Amendment SA 996 proposed by Senator Blackburn to Amendment SA 891.
-- Amendment SA 996 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 93

S.Amdt. 1010 (Sen. Toomey): To strike a provision providing payments to farmers for purposes unrelated to COVID-19.
-- Amendment SA 1010 proposed by Senator Toomey to Amendment SA 891.
-- Amendment SA 1010 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 86

S.Amdt. 1014 (Sen. Paul): To strike provisions relating to nonprofit entities for the paycheck protection program.
-- Amendment SA 1014 proposed by Senator Paul to Amendment SA 891.
-- Amendment SA 1014 not agreed to in Senate by Yea-Nay Vote. 47 - 51. Record Vote Number: 88

S.Amdt. 1026 (Sen. Rubio): To amend the Elementary and Secondary School Emergency Relief Fund.
-- Amendment SA 1026 proposed by Senator Rubio to Amendment SA 891.
-- Amendment SA 1026 not agreed to in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 80

S.Amdt. 1030 (Sen. Scott, of SC): To improve the bill.
-- Amendment SA 1030 proposed by Senator Scott SC to Amendment SA 891.
-- Amendment SA 1030 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 78

S.Amdt. 1031 (Sen. Lankford): To improve the bill.
-- Amendment SA 1031 proposed by Senator Lankford to Amendment SA 891.
-- Point of order that the amendment violates section 313(b)(1)(D) of the CBA raised in Senate with respect to amendment SA 1031.
-- Motion to waive all applicable budgetary discipline with respect to amendment SA 1031 rejected in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 94
-- Amendment SA 1031 ruled out of order by the chair.

S.Amdt. 1154 (Sen. Moran): To increase the availability of amounts for the Veterans Community Care Program of the Department of Veterans Affairs .
-- Amendment SA 1154 proposed by Senator Moran to Amendment SA 891.
-- Amendment SA 1154 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 107

S.Amdt. 1161 (Sen. Cassidy): To improve the bill regarding emergency assistance to non-public schools.
-- Amendment SA 1161 proposed by Senator Cassidy to Amendment SA 891.
-- Amendment SA 1161 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 84

S.Amdt. 1162 (Sen. Cassidy): To ensure that the 2021 Recovery Rebates are not provided to prisoners.
-- Amendment SA 1162 proposed by Senator Cassidy to Amendment SA 891.
-- Amendment SA 1162 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 103

S.Amdt. 1197 (Sen. Tester): To require the President to review and approve the Keystone XL Pipeline to assist COVID-impacted communities .
-- Amendment SA 1197 proposed by Senator Tester to Amendment SA 891.
-- Point of order that the amendment violates section 305(b)(2) of the CBA raised in Senate with respect to amendment SA 1197.
-- Motion to waive all applicable budgetary discipline with respect to amendment SA 1197 rejected in Senate by Yea-Nay Vote. 51 - 48. Record Vote Number: 83
-- Amendment SA 1197 ruled out of order by the chair.

S.Amdt. 1233 (Sen. Murkowski): 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.
-- Amendment SA 1233 proposed by Senator Murkowski to Amendment SA 891.
-- Amendment SA 1233 agreed to in Senate by Voice Vote.

S.Amdt. 1242 (Sen. Collins): In the nature of a substitute.
-- Amendment SA 1242 proposed by Senator Collins to Amendment SA 891.
-- Point of order that the amendment violates section 313(b)(1)(D) of the CBA raised in Senate with respect to amendment SA 1242.
-- Motion to waive all applicable budgetary disciple with respect to amendment SA 1242 rejected in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 77
-- Amendment SA 1242 ruled out of order by the chair.

S.Amdt. 1331 (Sen. Lee): To limit the expansion of premium assistance for households above 500 percent of the federal poverty line .
-- Amendment SA 1331 proposed by Senator Lee to Amendment SA 891.
-- Amendment SA 1331 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 105

S.Amdt. 1342 (Sen. Moran): To provide an effective date for the modification of revenue requirements for proprietary institutions of higher education .
-- Amendment SA 1342 proposed by Senator Moran to Amendment SA 891.
-- Amendment SA 1342 agreed to in Senate by Voice Vote.

S.Amdt. 1344 (Sen. Hassan): To provide for a safe return to in-person instruction.
-- Amendment SA 1344 proposed by Senator Hassan to Amendment SA 891.
-- Amendment SA 1344 agreed to in Senate by Yea-Nay Vote. 51 - 48. Record Vote Number: 81

S.Amdt. 1364 (Sen. Romney): To provide relief for State and local governments based on demonstrated need.
-- Amendment SA 1364 proposed by Senator Romney to Amendment SA 891.
-- Amendment SA 1364 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 96

S.Amdt. 1369 (Sen. Graham): To improve the bill.
-- Amendment SA 1369 proposed by Senator Graham to Amendment SA 891.
-- Amendment SA 1369 as modified not agreed to in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 82

S.Amdt. 1378 (Sen. Wyden): To improve the bill.
-- Amendment SA 1378 proposed by Senator Wyden to Amendment SA 891.
-- Amendment SA 1378 agreed to in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 79

S.Amdt. 1381 (Sen. Lee): To modify the provisions relating to the child tax credit and to strike the provisions relating to dependent care assistance .
-- Amendment SA 1381 proposed by Senator Lee to Amendment SA 891.
-- Amendment SA 1381 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 101

S.Amdt. 1383 (Sen. Young): 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 .
-- Amendment SA 1383 proposed by Senator Young to Amendment SA 891.
-- Amendment SA 1383 not agreed to in Senate by Yea-Nay Vote. 48 - 50. Record Vote Number: 89

S.Amdt. 1386 (Sen. Tuberville): 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 .
-- Amendment SA 1386 proposed by Senator Tuberville to Amendment SA 891.
-- Point of order that the amendment violates section 313(b)(1)(D) of the CBA raised in Senate with respect to amendment SA 1386.
-- Motion to waive all applicable budgetary discipline with respect to amendment SA 1386 rejected in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 97
-- Amendment SA 1386 ruled out of order by the chair.

S.Amdt. 1391 (Sen. Warner): 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.
-- Amendment SA 1391 proposed by Senator Warner to Amendment SA 891.
-- Amendment SA 1391 agreed to in Senate by Yea-Nay Vote. 93 - 6. Record Vote Number: 109

S.Amdt. 1395 (Sen. Scott, of FL): To fund the procurement of HC-130J aircraft by the Coast Guard, and to provide an offset by striking National Railroad Passengers Corporation grant funding for the Northeast Corridor .
-- Amendment SA 1395 proposed by Senator Scott FL to Amendment SA 891.
-- Amendment SA 1395 not agreed to in Senate by Yea-Nay Vote. 47 - 51. Record Vote Number: 91

S.Amdt. 1398 (Sen. Schumer): To improve the bill.
-- Amendment SA 1398 proposed by Senator Schumer to Amendment SA 891.
-- Amendment SA 1398 agreed to in Senate by Voice Vote.


S. 11 (Sen. Schumer): A bill 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.
-- Motion to proceed to consideration of measure made in Senate.

Executive Business (Saturday, March 6)

PN78-6: Marcia Louise Fudge, of Ohio, to be Secretary of Housing and Urban Development
-- Motion to proceed to executive session to consideration of nomination agreed to in Senate by Voice Vote.
-- Cloture motion presented in Senate.
-- By unanimous consent agreement, mandatory quorum required under Rule XXII waived.
-- By unanimous consent agreement, debate and vote 3/9/21.

PN78-7: Merrick Brian Garland, of Maryland, to be Attorney General
-- Motion to proceed to executive session to consideration of nomination agreed to in Senate by Voice Vote.
-- Cloture motion presented in Senate.
-- By unanimous consent agreement, mandatory quorum required under Rule XXII waived.
-- By unanimous consent agreement, debate and vote 3/9/21.

PN78-16: Michael Stanley Regan, of North Carolina, to be Administrator of the Environmental Protection Agency
-- Motion to proceed to executive session to consideration of nomination agreed to in Senate by Voice Vote.
-- Cloture motion presented in Senate.
-- By unanimous consent agreement, debate 3/10/2021.
-- By unanimous consent agreement, mandatory quorum required under Rule XXII waived.

Adjournment

By unanimous consent, on the request of Mr. Schumer, at 1:05 p.m., the Senate adjourned, under its order of today, until 3 p.m. on Tuesday, March 9, 2021.