Senate Floor Activity - Tuesday, August 10, 2021

The President pro tempore called the Senate to order at 9:30 a.m., the Chaplain offered a prayer, and the President pro tempore 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 (Tuesday, August 10)

H.R. 3684 (Rep. DeFazio): A bill to authorize funds for Federal-aid highways , highway safety programs, and transit programs, and for other purposes .

-- Considered by Senate.

-- Passed Senate with an amendment by Yea-Nay Vote. 69 - 30. Record Vote Number: 314

S.Con.Res. 14 (Sen. Sanders): A concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2022 and setting forth the appropriate budgetary levels for fiscal years 2023 through 2031.

-- Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 315

-- Measure laid before Senate by motion.

-- Resolution agreed to in Senate with amendments by Yea-Nay Vote. 50 - 49. Record Vote Number: 357

S.Amdt. 3055 (Sen. Barrasso): To prohibit enactment of the Green New Deal .

-- Amendment SA 3055 proposed by Senator Barrasso.

-- Amendment SA 3055 agreed to in Senate by Yea-Nay Vote. 99 - 0. Record Vote Number: 316

S.Amdt. 3073 (Sen. Scott, of SC): To establish a deficit-neutral reserve fund relating to helping students, particularly students who are low-income or minorities or who have special needs, that suffered from school closures pushed by teacher labor organizations that ignored the science and ensuring that all schools should be open for in-person learning 5 days a week for the 2021-2022 school year.

-- Amendment SA 3073 proposed by Senator Scott SC.

-- Amendment SA 3073 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 324

S.Amdt. 3097 (Sen. Rubio): To establish a deficit-neutral reserve fund relating to facilitating the provision of internet service to the citizens of Cuba, who have been deprived of the free flow of information by the illegitimate communist Cuban regime.

-- Amendment SA 3097 proposed by Senator Rubio.

-- Amendment SA 3097 agreed to in Senate by Voice Vote.

S.Amdt. 3099 (Sen. Crapo): To establish a deficit-neutral reserve fund relating to preventing the monitoring and reporting of sensitive American taxpayer information to the Internal Revenue Service by financial institutions about deposits and withdrawals made by any individual or business in savings, checking, or other accounts of as little as $600 .

-- Amendment SA 3099 proposed by Senator Crapo.

-- Amendment SA 3099 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 321

S.Amdt. 3103 (Sen. Boozman): To establish a deficit-neutral reserve fund relating to policies or legislation to prohibit the Department of Agriculture from making ineligible for financing fossil fuel-burning power plants.

-- Amendment SA 3103 proposed by Senator Boozman.

-- Amendment SA 3103 agreed to in Senate by Yea-Nay Vote. 53 - 46. Record Vote Number: 330

S.Amdt. 3104 (Sen. Lummis): To cancel the Biden Administration's ban on oil and gas leasing on Federal land to help lower gasoline prices and reduce energy dependence on the Organization of Petroleum Exporting Countries .

-- Amendment SA 3104 proposed by Senator Lummis.

-- Amendment SA 3104 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 320

S.Amdt. 3105 (Sen. Cramer): To prohibit the Council on Environmental Quality and the Environmental Protection Agency from promulgating rules or guidance that bans hydraulic fracturing in the United States.

-- Amendment SA 3105 proposed by Senator Cramer.

-- Amendment SA 3105 agreed to in Senate by Yea-Nay Vote. 57 - 42. Record Vote Number: 323

S.Amdt. 3106 (Sen. Thune): To protect owners of generationally-owned businesses, farms, and ranches so that they may continue to transfer ownership or operations to family members or others based upon the same tax principles that existed when they began operations and under which they currently operate, including the full benefit of the step-up in basis .

-- Amendment SA 3106 proposed by Senator Thune.

-- Amendment SA 3106 agreed to in Senate by Yea-Nay Vote. 99 - 0. Record Vote Number: 318

S.Amdt. 3113 (Sen. Tuberville): To establish a deficit-neutral reserve fund relating to decreasing Federal funding for local jurisdictions that defund the police.

-- Amendment SA 3113 proposed by Senator Tuberville.

-- Amendment SA 3113 agreed to in Senate by Yea-Nay Vote. 99 - 0. Record Vote Number: 328

S.Amdt. 3114 (Sen. Braun): To establish a deficit-neutral reserve fund relating to removing the prohibition on States and territories against lowering their taxes.

-- Amendment SA 3114 proposed by Senator Braun.

-- Amendment SA 3114 agreed to in Senate by Yea-Nay Vote. 86 - 13. Record Vote Number: 331

S.Amdt. 3115 (Sen. Ernst): To establish a deficit-neutral reserve fund relating to prohibiting or limiting the issuance of costly Clean Air Act permit requirements on farmers and ranchers in the United States or the imposition of new Federal methane requirements on livestock .

-- Amendment SA 3115 proposed by Senator Ernst.

-- Amendment SA 3115 agreed to in Senate by Yea-Nay Vote. 66 - 33. Record Vote Number: 333

S.Amdt. 3128 (Sen. Fischer): To means-test electric vehicle tax credits to ensure high-income individuals do not get government subsidies to buy expensive luxury cars.

-- Amendment SA 3128 proposed by Senator Fischer.

-- Amendment SA 3128 agreed to in Senate by Yea-Nay Vote. 51 - 48. Record Vote Number: 332

S.Amdt. 3150 (Sen. Paul): In the nature of a substitute.

-- Amendment SA 3150 proposed by Senator Paul.

-- Amendment SA 3150 not agreed to in Senate by Yea-Nay Vote. 28 - 71. Record Vote Number: 338

S.Amdt. 3251 (Sen. Grassley): To prevent changes to the State and local tax (SALT) deduction that mainly benefit the wealthy.

-- Amendment SA 3251 proposed by Senator Grassley.

-- Amendment SA 3251 not agreed to in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 326

S.Amdt. 3278 (Sen. Hassan): To establish a deficit-neutral reserve fund relating to promoting US competitiveness and innovation by supporting research and development.

-- Amendment SA 3278 proposed by Senator Hassan.

-- Amendment SA 3278 agreed to in Senate by Voice Vote.

S.Amdt. 3284 (Sen. Capito): To establish a deficit-neutral reserve fund relating to supporting or expediting the deployment of carbon capture, utilization, and sequestration technologies.

-- Amendment SA 3284 proposed by Senator Capito.

-- Amendment SA 3284 agreed to in Senate by Voice Vote.

S.Amdt. 3293 (Sen. Shelby): To provide funds available to the Department of Defense to implement the 2018 National Defense Strategy .

-- Amendment SA 3293 proposed by Senator Shelby.

-- Amendment SA 3293 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 325

S.Amdt. 3317 (Sen. Cortez Masto): To establish a reserve fund relating to protecting family farms, ranches, and small businesses while ensuring the wealthy pay their fair share.

-- Amendment SA 3317 proposed by Senator Cortez Masto.

-- Amendment SA 3317 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 319

S.Amdt. 3330 (Sen. Carper): To establish a reserve fund relating to addressing the crisis of climate change.

-- Amendment SA 3330 proposed by Senator Carper.

-- Amendment SA 3330 agreed to in Senate by Yea-Nay Vote. 51 - 48. Record Vote Number: 317

S.Amdt. 3365 (Sen. Wyden): To establish a reserve fund relating to protecting the privacy of American taxpayer and small business tax information while only reporting large financial account balances to the Internal Revenue Service, to ensure those evading the tax system pay what they owe .

-- Amendment SA 3365 proposed by Senator Wyden.

-- Amendment SA 3365 agreed to in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 322

S.Amdt. 3383 (Sen. Scott, of FL): To establish a deficit-neutral reserve fund relating to preventing terrorist actions against the United States and its allies, and to ensure that United States tax dollars do not benefit terrorist organizations such as Hamas or the Palestinian Islamic Jihad .

-- Amendment SA 3383 proposed by Senator Scott FL.

-- Amendment SA 3383 agreed to in Senate by Yea-Nay Vote. 99 - 0. Record Vote Number: 334

S.Amdt. 3444 (Sen. Young): To prevent tax increases that would violate President Biden's repeated promise to not impose a single penny in tax increases on people making less than $400,000 per year.

-- Amendment SA 3444 proposed by Senator Young.

-- Amendment SA 3444 agreed to in Senate by Yea-Nay Vote. 98 - 1. Record Vote Number: 335

S.Amdt. 3569 (Sen. Wyden): To establish a reserve fund relating to increasing the progressivity of the tax code.

-- Amendment SA 3569 proposed by Senator Wyden.

-- Amendment SA 3569 not agreed to in Senate by Yea-Nay Vote. 47 - 51. Record Vote Number: 327

S.Amdt. 3627 (Sen. Sullivan): To establish a deficit-neutral reserve fund relating to prohibiting renewable energy projects receiving Federal funds and subsidies from purchasing materials, technology, and critical minerals produced in China.

-- Amendment SA 3627 proposed by Senator Sullivan.

-- Amendment SA 3627 agreed to in Senate by Yea-Nay Vote. 90 - 9. Record Vote Number: 337

S.Amdt. 3648 (Sen. Baldwin): To establish a reserve fund relating to Great Lakes ice breaking operational improvements.

-- Amendment SA 3648 proposed by Senator Baldwin.

-- Amendment SA 3648 agreed to in Senate by Yea-Nay Vote. 85 - 13. Record Vote Number: 339

S.Amdt. 3652 (Sen. Romney): To prevent reconciliation legislation from including trillions of dollars in job-killing tax hikes .

-- Amendment SA 3652 proposed by Senator Romney.

-- Amendment SA 3652 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 340

S.Amdt. 3731 (Sen. Klobuchar): To establish a reserve fund relating to honoring the United States Capitol Police, the District of Columbia Metropolitan Police, and all other first responders, who fought and died protecting Congress and the United States Capitol on January 6, 2021 .

-- Amendment SA 3731 proposed by Senator Klobuchar.

-- Amendment SA 3731 agreed to in Senate by Yea-Nay Vote. 99 - 0. Record Vote Number: 329

S.Amdt. 3792 (Sen. Lankford): To establish a deficit-neutral reserve fund relating to abortion funding.

-- Amendment SA 3792 proposed by Senator Lankford.

-- Amendment SA 3792 agreed to in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 336

S.Amdt. 3795 (Sen. Moran): To establish a deficit-neutral reserve fund relating to immigration enforcement and addressing the humanitarian crisis at the southern border.

-- Amendment SA 3795 proposed by Senator Moran.

-- Amendment SA 3795 agreed to in Senate by Yea-Nay Vote. 76 - 23. Record Vote Number: 341

S.Amdt. 3805 (Sen. Wyden): To establish a reserve fund relating to ensuring robust, secure, and humane supply chains by prohibiting the use of Federal funds to purchase materials, technology, and critical minerals produced, manufactured, or mined with forced labor.

-- Amendment SA 3805 proposed by Senator Wyden.

-- Amendment SA 3805 agreed to in Senate by Voice Vote.

Legislative Business (Wednesday, August 11)

S. 2093 (Sen. Merkley): A bill to expand Americans' access to the ballot box, reduce the influence of big money in politics, strengthen ethics rules for public servants, and implement other anti-corruption measures for the purpose of fortifying our democracy, and for other purposes .

-- Motion to proceed to consideration of measure made in Senate.

-- Cloture motion on the motion to proceed to the measure presented in Senate.

S.Res. 353 (Sen. Wicker): A resolution designating August 2021 as "National Catfish Month".

-- Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

S.Res. 354 (Sen. Braun): A resolution celebrating the 100th Anniversary of military aviation in Indiana.

-- Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.

-- Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 315

-- Measure laid before Senate by motion.

-- Resolution agreed to in Senate with amendments by Yea-Nay Vote. 50 - 49. Record Vote Number: 357

S.Amdt. 2734 (Sen. Hawley): To establish a deficit-neutral reserve fund relating to hiring 100,000 new police officers nationwide to combat the crime wave in the United States.

-- Amendment SA 2734 proposed by Senator Hawley.

-- Amendment SA 2734 agreed to in Senate by Yea-Nay Vote. 95 - 3. Record Vote Number: 345

S.Amdt. 3062 (Sen. Blackburn): To strike the Senate emergency legislation provision.

-- Amendment SA 3062 proposed by Senator Blackburn.

-- Amendment SA 3062 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 343

S.Amdt. 3141 (Sen. Lee): To establish a deficit-neutral reserve fund relating to studying and providing for tax equivalency under the payments in lieu of taxes program.

-- Amendment SA 3141 proposed by Senator Lee.

-- Amendment SA 3141 agreed to in Senate by Yea-Nay Vote. 51 - 48. Record Vote Number: 349

S.Amdt. 3243 (Sen. Hoeven): To establish a deficit-neutral reserve fund relating to preventing electricity blackouts and improving electricity reliability.

-- Amendment SA 3243 proposed by Senator Hoeven.

-- Amendment SA 3243 agreed to in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 346

S.Amdt. 3292 (Sen. Daines): To establish a deficit-neutral reserve fund relating to prohibiting tax increases on small businesses, as defined by the Small Business Administration but generally 500 employees or less .

-- Amendment SA 3292 proposed by Senator Daines.

-- Amendment SA 3292 agreed to in Senate by Voice Vote.

S.Amdt. 3331 (Sen. Inhofe): To establish a deficit-neutral reserve fund relating to relating to improving health programs, which may include prohibiting funding for abortions of unborn children with Down syndrome or other chromosomal conditions.

-- Amendment SA 3331 proposed by Senator Inhofe.

-- Amendment SA 3331 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 350

S.Amdt. 3568 (Sen. Hyde-Smith): To establish a deficit-neutral reserve fund relating to adjustments to Federal funds for certain local jurisdictions .

-- Amendment SA 3568 proposed by Senator Hyde-Smith.

-- Amendment SA 3568 not agreed to in Senate by Yea-Nay Vote. 47 - 52. Record Vote Number: 352

S.Amdt. 3626 (Sen. Sullivan): To establish a deficit-neutral reserve fund relating to restricting United States funding to international organizations, such as the United Nations Human Rights Council, until the Department of State certifies that no members of the organization are state sponsors of terrorism, which may include a report from the Department of the Treasury on the prevalence of sanctioned entities in the organization .

-- Amendment SA 3626 proposed by Senator Sullivan.

-- Amendment SA 3626 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 354

S.Amdt. 3650 (Sen. Grassley): To establish a deficit-neutral reserve fund relating to prohibiting illegal aliens with criminal records from receiving conditional or lawful permanent resident status in the United States .

-- Amendment SA 3650 proposed by Senator Grassley.

-- Amendment SA 3650 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 353

S.Amdt. 3680 (Sen. Cotton): To establish a deficit-neutral reserve fund relating to prohibiting the teaching of critical race theory in prekindergarten programs and elementary and secondary schools .

-- Amendment SA 3680 proposed by Senator Cotton.

-- Amendment SA 3680 agreed to in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 342

S.Amdt. 3681 (Sen. Cruz): To create a point of order against legislation that would provide funding or subsidize the import from the Xinjiang Uyghur Autonomous Region of the People's Republic of China of items relating to electric cars.

-- Amendment SA 3681 proposed by Senator Cruz.

-- Point of order that the amendment violates section 305(b)(2) of the CBA raised in Senate with respect to amendment SA 3681.

-- Motion to waive section 904 of the CBA with respect to amendment SA 3681 rejected in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 354

-- Amendment SA 3681 ruled out of order by the chair.

S.Amdt. 3742 (Sen. Hagerty): To establish a deficit-neutral reserve fund relating to providing sufficient resources to detain and deport a higher number of illegal aliens who have been convicted of a crime .

-- Amendment SA 3742 proposed by Senator Hagerty.

-- Amendment SA 3742 agreed to in Senate by Yea-Nay Vote. 53 - 46. Record Vote Number: 351

S.Amdt. 3753 (Sen. Kennedy): To establish a deficit-neutral reserve fund relating to maintaining the current law tax treatment of like kind exchanges.

-- Amendment SA 3753 proposed by Senator Kennedy.

-- Amendment SA 3753 agreed to in Senate by Voice Vote.

S.Amdt. 3758 (Sen. Kennedy): To establish a deficit-neutral reserve fund relating to improving health care by establishing penalties for providers performing elective abortions when the post-fertilization age of the unborn child is 20 weeks or greater.

-- Amendment SA 3758 proposed by Senator Kennedy.

-- Amendment SA 3758 not agreed to in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 348

S.Amdt. 3781 (Sen. Cruz): To establish a deficit-neutral reserve fund relating to ensuring that the Department of Homeland Security, pursuant to title 42, United States Code, conducts expulsions of illegal immigrants who may contribute to the spread of COVID-19, including any of the dangerous variants originating overseas, in order to protect the public health of the American People, save American lives, and assist in eradicating the COVID-19 pandemic in the United States.

-- Amendment SA 3781 proposed by Senator Cruz.

-- Amendment SA 3781 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 344

S.Amdt. 3795 (Sen. Moran): To establish a deficit-neutral reserve fund relating to immigration enforcement and addressing the humanitarian crisis at the southern border.

-- Amendment SA 3795 proposed by Senator Moran.

-- Amendment SA 3795 agreed to in Senate by Yea-Nay Vote. 76 - 23. Record Vote Number: 341

S.Amdt. 3797 (Sen. Marshall): To establish a deficit-neutral reserve fund relating to protecting migrants and local communities against COVID-19 .

-- Amendment SA 3797 proposed by Senator Marshall.

-- Amendment SA 3797 agreed to in Senate by Yea-Nay Vote. 88 - 11. Record Vote Number: 347

S.Amdt. 3815 (Sen. Lee): To create a point of order against legislation that would cause a net increase in outlays unless the Director of the Congressional Budget Office certifies that inflation is below 3 percent .

-- Amendment SA 3815 proposed by Senator Lee.

-- Amendment SA 3815 not agreed to in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 356

Executive Business (Wednesday, August 11)

PN127: James Richard Kvaal, of Massachusetts, to be Under Secretary of Education

-- 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.

PN238: Lt. Gen. Laura J. Richardson, in the Army, to be General

-- Reported by Senator Reed, Committee on Armed Services, without printed report.

-- Placed on Senate Executive Calendar. Calendar No. 344. Subject to nominee's commitment to respond to requests to appear and testify before any duly constituted committee of the Senate.

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN403: Evelyn M. Fujimoto, of Texas, to be a Member of the Board of Directors of the National Institute of Building Sciences for a term expiring September 7, 2022

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN404: Lori Peek, of Colorado, to be a Member of the Board of Directors of the National Institute of Building Sciences for a term expiring September 7, 2022

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN419: Taryn Mackenzie Williams, of the District of Columbia, to be an Assistant Secretary of Labor

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN426: Gilbert Ray Cisneros, Jr., of California, to be Under Secretary of Defense for Personnel and Readiness

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN432: Kimberly L. Jones, of the District of Columbia, to be a Member of the Board of Directors of the National Institute of Building Sciences for a term expiring September 7, 2023

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN481: Jennifer Lester Moffitt, of California, to be Under Secretary of Agriculture for Marketing and Regulatory Programs

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN490: Alejandra Y. Castillo, of New York, to be Assistant Secretary of Commerce for Economic Development

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN537: Andrew Eilperin Light, of Georgia, to be an Assistant Secretary of Energy (International Affairs)

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN562: David G. Estudillo, of Washington, to be United States District Judge for the Western District of Washington

-- 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.

PN567: Angel Kelley, of Massachusetts, to be United States District Judge for the District of Massachusetts

-- 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.

PN570: Veronica S. Rossman, of Colorado, to be United States Circuit Judge for the Tenth Circuit

-- 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.

PN631: William E. Holloway, of Pennsylvania, to be a Member of the Board of Directors of the National Institute of Building Sciences for a term expiring September 7, 2021

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN632: William E. Holloway, of Pennsylvania, to be a Member of the Board of Directors of the National Institute of Building Sciences for a term expiring September 7, 2024

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN714: Damon Y. Smith, of Maryland, to be General Counsel of the Department of Housing and Urban Development

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

PN735: Kenneth Lee Salazar, of Colorado, to be Ambassador to the United Mexican States

-- Considered by Senate.

-- Confirmed by the Senate by Voice Vote.

Adjournment

By unanimous consent, on the request of Mr. Murphy, at 5:56 a.m., the Senate adjourned, under its order of today, until 9:30 a.m. on Friday, August 13, 2021.