117th Congress (2021–2023)
After the 2020 presidential election, Kennedy and 11 other Republican senators said they would object to certain states' electoral votes in the 2021 United States Electoral College vote count on January 6, 2021, unless the vote was audited. He was participating in the certification when Trump supporters stormed the United States Capitol. Kennedy called the attack "despicable and shameful" and called for the rioters "to go to jail and pay for the destruction they caused." When the Capitol was secured and Congress returned to complete the certification, he objected to the certification of Arizona's electoral votes.
On February 9, 2021, Kennedy voted against Trump's second impeachment. Kennedy said the impeachment effort was unconstitutional because Trump was no longer president. He called the impeachment process "a thinly veiled effort by the uber-elites in our country, who look down on most Americans, to denigrate further those people who chose to vote for President Trump and not vote for President Biden."
On March 6, 2021, Kennedy voted against the American Rescue Plan Act of 2021, a COVID-19 recovery package. He said he voted against it because it was "an orgy of pork", adding, "This is not a coronavirus bill, not the way it's been portrayed".
On May 28, 2021, Kennedy voted against the January 6 commission House Speaker Nancy Pelosi proposed to investigate the January 6 attack. The commission failed to gain traction, but the House later successfully established the January 6 committee as an alternative.
On June 22, 2021, the Senate passed the Accelerating Holding Foreign Companies Accountable Act, a bill by Kennedy that moves up the deadline for a bill passed in 2019 that required U.S. markets to delist any foreign company that refused to allow the Public Company Accounting Oversight Board to inspect its audits. Kennedy said, "When foreign companies flout America's security laws, they put Americans' retirement plans and savings at risk. China is bent on exploiting American investors, so we need more accountability for foreign companies using American capital, and we need it now."
On July 29, 2021, President Joe Biden signed into law the DUMP Opioids Act, Kennedy's eighth piece of legislation to become law in his first term as a U.S. senator. Kennedy has authored more bills signed into law than any first-term senator from Louisiana except Newton Blanchard.
On August 8, 2021, Kennedy voted against the Infrastructure Investment and Jobs Act, saying, "I realized pretty quickly that if you look up 'stupid stuff' in the dictionary, there's a picture of this bill. They told us it was a real infrastructure bill. It's not; only 23% of the bill is real infrastructure. The rest is Green New Deal and welfare. They told us the bill was paid for; it isn't. We're gonna have to borrow maybe up to $400 billion to pay for it. They told us there were no tax increases. There are; my state's gonna have to pay $1.3 billion in new taxes on our petrochemical industry. They told us … the Democrats were really wary of this bill and that if we passed this bill, it would make it harder for them to pass their $5 trillion tax and spending binge reconciliation bill. Well, if that's true, how come every Democrat voted for this infrastructure bill? And finally, they told us that it's not going to add to inflation, but it will."
On September 27, 2021, Kennedy introduced the Unclaimed Savings Bond Act of 2021 to require the Treasury Department to speed the process of returning unclaimed savings bonds to the American people, continuing work he had done as state treasurer. He said the Treasury was sitting on more than $26 billion in unclaimed bonds. President Biden signed an executive order based on Kennedy's efforts.
In November 2021, while questioning Saule Omarova, the nominee for Comptroller of the Currency, Kennedy mockingly said: "I don’t mean any disrespect. I don’t know whether to call you professor or comrade". This came after an exchange between Omarova and Kennedy about her upbringing in the USSR and her former connections to communist groups. Senator Sherrod Brown interrupted Kennedy's line of questioning, accused him of engaging in character assassination.
On April 7, 2022, Kennedy voted against Ketanji Brown Jackson's nomination to the Supreme Court to succeed Stephen Breyer, who was retiring. At the hearing, he said that he "found Judge Jackson to be smart, well-versed in the law, and extraordinarily deft and artful in her ability to speak at length without saying anything of substance on critical questions—especially the limits of judicial power and the importance of judicial restraint", adding, "I don't agree with the judge on where, based on her opinions, she draws the limits of judicial power, and I don't think she places as great an importance as I do on judicial restraint in a Madisonian system of checks and balances and separation of powers, and, for that reason, I will be voting no."
On July 27, 2022, Kennedy voted against the Chips and Science Act, a bill regarding semiconductor production. He called the bill "a subsidy to Big Tech", adding, "These are extraordinary American companies that Congress just helped, but they're very profitable, and the supply of chips is growing now. My concern is the amount of money. For that amount, we could have doubled the R&D tax credit for every company in America."
On August 7, 2022, Kennedy voted against the Inflation Reduction Act, calling it a "massive tax-and-spending bill". While the bill was being amended, Kennedy attempted to include an amendment he drafted with Senator Raphael Warnock to cap the price of insulin at $35 per month; the amendment did not receive the 60 votes needed to be included.
In 2021, Kennedy opposed FEMA's effort to restructure its NFIP flood insurance program after changes the agency made caused insurance rates to skyrocket in Louisiana, prompting 8.5% of families to drop federal coverage. Kennedy said FEMA's Risk Rating 2.0 was "robbing Louisiana families of the flood protection they need for their homes". He has asked FEMA officials to disclose the algorithm used in Risk Rating 2.0 so it can demonstrate why rates increased 128% in Louisiana, but Millman, the firm that developed Risk Rating 2.0, and FEMA have refused to disclose the algorithm as of 2024. Kennedy introduced the Flood Insurance Pricing Transparency Act to try to force FEMA to disclose the information.