Unanimous Consent Request—S. 4810 (Cong. Rec., Dec. 3, 2020)
Summary
Page S7197 of the Congressional Record, Senate, for December 3, 2020, records roll call vote results and a cloture motion on the nomination of Liam P. Hardy to be a Judge of the United States Court of Appeals for the Armed Forces. Van Hollen then asks unanimous consent for the Finance Committee to be discharged from S. 4810, the Protecting Employees from Surprise Taxes Act, so Federal employees and members of the Armed Forces could opt out of the payroll tax deferral. Daines objects and argues for a payroll tax holiday and COVID–19 relief. The page closes with a Senator's tribute to the 270 men and women who served on the staff since 2003.
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Cite this document
“Unanimous Consent Request—S. 4810 (Cong. Rec., Dec. 3, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-03-crec-2020-12-03-pt1-pgs7197-3-be0a37ce56/
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December 3, 2020 CONGRESSIONAL RECORD — SENATE S7197
NAYS—47 The PRESIDING OFFICER. Are there thought they were getting a payroll
Baldwin Heinrich Reed any other Senators in the Chamber de- tax holiday, but that is not the case.
Bennet Hirono Rosen siring to vote? The reality is, whatever they didn’t
Blumenthal Jones Schatz
Booker Kaine
The yeas and nays resulted—yeas 61, pay in the form of payroll taxes now
Schumer
Brown Kelly Shaheen
nays 34, as follows: and in the past couple months they
Cantwell King Sinema [Rollcall Vote No. 252 Ex.] would be required to pay back right
Cardin Klobuchar
Carper Leahy
Smith YEAS—61 after those holidays.
Stabenow
Casey Manchin Alexander Gardner Reed And when businesses looked at this
Tester Barrasso Grassley
Coons Markey Risch and when workers and employees
Udall Blackburn Hassan
Cortez Masto Menendez Roberts
Duckworth Merkley
Van Hollen Blunt Hawley
around the country looked at this,
Romney
Durbin Murphy Warner Boozman Hoeven Rounds they overwhelmingly rejected it. They
Feinstein Murray Warren Braun Hyde-Smith said they didn’t want to participate.
Rubio
Gillibrand Paul Whitehouse Burr Inhofe
Wyden Capito Johnson
Sasse Here is what UPS said about this pro-
Hassan Peters Scott (FL)
Cardin Jones posal: ‘‘We recognize that for some, it
NOT VOTING—5 Scott (SC)
Carper Kelly
Shaheen
may have been helpful to have more
Graham Loeffler Sanders Cassidy Kennedy money in their paychecks in 2020, yet
Collins Shelby
Harris Perdue King
Cornyn Lankford Sinema not all employees have professional tax
The nomination was confirmed. Cotton Lee Sullivan planning needed to prepare effectively
The PRESIDING OFFICER. Under Cramer Manchin Tester
for the added obligation they would
Crapo McConnell Thune
the previous order, the motion to re- face in 2021.’’
Cruz Moran Tillis
consider is considered made and laid Daines Murkowski Toomey So even though this payroll tax de-
upon the table, and the President will Enzi Murphy Wicker ferral proposal got a burst of attention,
be immediately notified of the Senate’s Ernst Paul Young it turned out to be meaningless for
action. Fischer Portman
most workers around the country.
Mr. THUNE. Madam President, I ask NAYS—34 Most private sector employers didn’t
unanimous consent that the manda- Baldwin Gillibrand Schatz participate, and their employees and
tory quorum call be waived. Bennet Heinrich Schumer
workers didn’t want them to partici-
The PRESIDING OFFICER. Without Blumenthal Hirono Smith
Booker Kaine Stabenow pate.
objection, it is so ordered. Brown Klobuchar Udall Unfortunately, the one big exception
f Cantwell Leahy Van Hollen to this has been members of our Armed
Casey Markey Warner
CLOTURE MOTION Coons Menendez Forces, the folks who every day stand
Warren
The PRESIDING OFFICER. Pursuant Cortez Masto Merkley
Whitehouse guard to protect our country, and Fed-
Duckworth Murray eral employees who do the Nation’s
to rule XXII, the Chair lays before the Durbin Peters
Wyden
Senate the pending cloture motion, Feinstein Rosen business with respect to important
which the clerk will state. services they provide.
NOT VOTING—5
The bill clerk read as follows: And as the private sector has re-
Graham Loeffler Sanders
CLOTURE MOTION Harris Perdue
jected this, we have heard from thou-
We, the undersigned Senators, in accord- sands of Federal employees who say:
The PRESIDING OFFICER. On this We don’t want to participate either. We
ance with the provisions of rule XXII of the
Standing Rules of the Senate, do hereby vote, the yeas are 61, the nays are 34. have heard from members of the Armed
move to bring to a close debate on the nomi- The motion is agreed to. Forces that say: We don’t want to be
nation of Liam P. Hardy, of Virginia, to be a f used as guinea pigs and be required to
Judge of the United States Court of Appeals participate.
for the Armed Forces for the term of fifteen
EXECUTIVE CALENDAR
years to expire on the date prescribed by The PRESIDING OFFICER. The So I want to be really clear that if we
law. clerk will report the nomination. don’t correct this, the damage will con-
Mitch McConnell, Shelley Moore Capito, The bill clerk read the nomination of tinue to be done, and these members of
John Hoeven, Roger F. Wicker, Cindy Liam P. Hardy, of Virginia, to be a our Armed Forces and Federal employ-
Hyde-Smith, Joni Ernst, Roy Blunt, Judge of the United States Court of ees will be forced to pay even more
Todd Young, Mike Rounds, Thom back after the holidays.
Appeals for the Armed Forces for the
Tillis, John Cornyn, Michael B. Enzi, Now, I wrote to Treasury Secretary
Lindsey Graham, Tim Scott, Mike term of fifteen years to expire on the
date prescribed by law. Mnuchin and to OMB Director Vought
Crapo, James E. Risch, James
Lankford. The PRESIDING OFFICER (Mr. about this back in September, Sep-
YOUNG). The Senator from Maryland. tember 8, just as the deferral was start-
The PRESIDING OFFICER. By unan-
UNANIMOUS CONSENT REQUEST—S. 4810 ing, and we were joined in that letter
imous consent, the mandatory quorum
Mr. VAN HOLLEN. Mr. President, I by 22 Senators—Senators from both
call has been waived.
The question is, Is it the sense of the am on the floor today to discuss a sides of the aisle. We had a simple bi-
Senate that debate on the nomination question of fundamental fairness to partisan request. It was: Make this
of Liam P. Hardy, of Virginia, to be a members of our Armed Forces and to payroll tax deferral optional, make it
Judge of the United States Court of Federal employees. voluntary. If Federal employees and
Appeals for the Armed Forces for the I think we all may recall a few members of our Armed Forces want to
term of fifteen years to expire on the months ago when President Trump or- participate in this proposal, fine. Let
date prescribed by law, shall be dered the Department of the Treasury them do it, but don’t force, don’t re-
brought to a close? to establish a system to push busi- quire, don’t coerce members of our
The yeas and nays are mandatory nesses, companies, and employers military and Federal employees to par-
under the rule. around the country to defer the collec- ticipate.
The clerk will call the roll. tion of employees’ payroll taxes. Those And we didn’t get a response to that
The bill clerk called the roll. are the taxes that go to Social Secu- letter to Secretary Mnuchin and CBO
Mr. THUNE. The following Senators rity and Medicare. The key word here Director Vought. So I asked Secretary
are necessarily absent: the Senator is ‘‘defer’’ because this is really a shell Mnuchin about this issue at a Senate
from South Carolina (Mr. GRAHAM), the game. Banking Committee hearing on Sep-
Senator from Georgia (Mrs. LEOFFLER), Any moneys that businesses do not tember 24. I said: Mr. Secretary, why
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and the Senator from Georgia (Mr. pay into Social Security and Medicare shouldn’t we make this voluntary?
PERDUE). now are going to have to be paid by Why should you require members of
Mr. DURBIN. I announce that the those Federal employees right after the our Armed Forces and Federal employ-
Senator from California (Ms. HARRIS) holidays, starting in January. ees to participate in the program if
and the Senator from Vermont (Mr. And many employees around the they don’t want to? And his response
SANDERS) are necessarily absent. country were at first confused. They was: Yeah, it would be ‘‘reasonable’’ for
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S7198 CONGRESSIONAL RECORD — SENATE December 3, 2020
the payroll tax to be voluntary ‘‘if peo- today because the payroll tax cut is on it. And, by the way, the measure
ple don’t want to participate. Sounds about supporting workers who might that the Senator from Montana men-
like common sense.’’ have had their hours reduced. tioned that we should pass right now
Well, we expected some followup These are workers who are living for coronavirus relief, that doesn’t
from the Secretary of Treasury. Noth- paycheck to paycheck, workers across have a payroll tax holiday. It doesn’t
ing. So we sent a followup letter— our country who are struggling to do what the Senator just said he wants
again, a bipartisan letter. Nothing. make ends meet because of the impact to do. It doesn’t say anything about
So now it is December, and the of COVID–19 on our economy. that.
Trump administration is still forcing Allowing folks to keep more of their So if the Senator or others want to
members of our Armed Forces and Fed- hard-earned money could make a big introduce legislation to have a payroll
eral employees who don’t want to par- difference. It would provide immediate tax holiday for those who have been en-
ticipate in this now-forced deferral pro- support—immediate support—for Mon- rolled in this program for the last 4
gram—they want to continue to force tana’s families who are struggling to months, go ahead. But why would you
them to do it. So we introduced a bi- get by. And, importantly, we ensure allow another day to pass requiring
partisan piece of legislation called the that this will have no impact—zero im- members of our Armed Forces who
Protecting Employees from Surprise pact—on Social Security because we don’t want to participate to participate
Taxes Act. It is pretty straightforward. transfer money from the general fund to participate or requiring Federal em-
It says: If a Federal employee or mem- to the Treasury. ployees who are out there providing
ber of the armed services wants to par- This is not a new concept. It has been public services to participate? That is
ticipate, let them participate. If they done by Congress. In fact, it was done all this does. This doesn’t preclude
want to opt out, let them opt out of it. under the Obama administration. As an anything the Senator talked about
I want to stress that the Federal example, a Montanan who earns an an- doing. All it does is to say: Right now,
workers we have heard from and the nual salary of about $40,000 typically for those people who are calling who
organizations and unions that rep- pays about $2,500 in payroll taxes every don’t want to be enrolled in this pro-
resent Federal workers strongly sup- year. Forgiving the taxes deferred dur- gram, let them out. Let them out.
port this measure. And why not? It is ing this 4-month payroll tax deferral And what the Senator from Montana
hard to argue that we shouldn’t let the would save that Montanan about $827. is saying is: No, I want to continue to
folks who are standing guard to protect What we should be doing is working hold them hostage to pass a proposal
us make a choice about whether they together to pass a COVID relief pack- that isn’t even in the majority leader’s
age that delivers much needed aid for own bill.
want to participate in this program.
And that is what people get sick and
Also, just to remind our colleagues— families who have had a tough go the
tired about around this country.
maybe they haven’t kept track of last several months. And it is going to So let’s just pass this. This is a sim-
this—the Senate chose not to partici- get tougher going forward, not only for ple, straightforward bill. I welcome de-
pate. The Senate chose not to partici- these families but workers and small bate on the bipartisan proposal that
pate in this program, whether on a businesses. has been put forward by a number of
mandatory or a voluntary basis. The Instead, my colleagues across the Republican Senators and a number of
House of Representatives chose not to aisle have continued to block very tar- Democratic Senators, but don’t try and
participate in this program. geted relief, several times, right here mix this up into that larger debate.
So it is going to be interesting to on the floor of the U.S. Senate, which This is very simple. It just says to a
hear the Senators say that they want is holding Montanans and the Amer- member of the Army, the Navy or any
to require members of our Armed ican people hostage. We should come of the services who doesn’t want to be
Forces and Federal employees to enroll together and agree on this targeted re- forced to participate in this right now
in a program that this Senate decided lief. We can continue to disagree on that they don’t have to. That is what
was not good for members of the Sen- these other items, but let’s get this this says, and by opposing this, you are
ate staff and the House of Representa- targeted relief package passed. saying that you want to prolong the re-
tives decided was not good for House So instead of coming to the floor quirement that they participate in a
staff. today to try to pass a bill that under- program that they don’t want to be a
Yet, if we don’t support this proposal, mines a payroll tax holiday to save part of.
this is simply passing the bipartisan folks more of their hard-earned money, The PRESIDING OFFICER. The Sen-
legislation I mentioned to give our I urge my colleague here before us to ator from Montana.
members of the Armed Forces and Fed- work with Members of his caucus and Mr. DAINES. Mr. President, I appre-
eral employees that choice. If we don’t get the COVID–19 relief passed. ciate the Senator from Maryland rais-
pass this, we are going to require them Once again, we should be forgiving ing these points. In regard to the pro-
to continue to participate in a program these taxes as a payroll tax holiday, posal of the bill that was passed by
they don’t like. not unlike what happened during the NANCY PELOSI, the Speaker of House,
So, Mr. President, as if in legislative Obama administration, and for these the reason we didn’t take a vote on
session, I ask unanimous consent that reasons, I object. that bill in the U.S. Senate is because
the Finance Committee be discharged The PRESIDING OFFICER. Objec- it was full, basically, of her wish list of
from further consideration of S. 4810 tion is heard. many items that didn’t really relate to
and the Senate proceed to its imme- The Senator for Maryland. COVID–19 relief. We did put a targeted
diate consideration. I further ask that Mr. VAN HOLLEN. Mr. President, bill on the floor of the U.S. Senate in
the bill be read a third time and passed just to respond to the Senator from the amount of $600 billion that, frank-
and the motion to reconsider be made Montana, I think he well knows that it ly, addressed many of the issues that
and laid upon the table with no inter- has been over 6 months since the House the House had in their bill, and we had
vening action or debate. of Representatives passed the first He- many issues that we agreed on here in
The PRESIDING OFFICER. Is there roes Act with comprehensive COVID–19 the Senate that would be at least tar-
objection? relief. They have also passed an up- geted. This is about the Paycheck Pro-
The Senator from Montana. dated ‘‘Heroes 2 Act,’’ but we never tection Program. This is relief for
Mr. DAINES. Mr. President, reserv- even had a vote here in the U.S. Senate schools. This is resources for the vac-
ing the right to object, I am here to ex- on that provision. We have been cine, for additional PPE, for additional
press support for this payroll tax holi- blocked from having that vote by the testing. It is a long list, including re-
day, and I think Congress should do Republican leader. lief for the U.S. Postal Service. Of
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much better than that, and that is to I don’t know where my colleague course, I would hope that you would
come together and forgive these taxes, stands on the bipartisan framework support it, but we were blocked from
period. that was just released. That is some- even bringing that bill to the floor of
In fact, back in March, I pushed for thing that I can support and pursue, the U.S. Senate. We couldn’t get to de-
Congress to include a payroll tax cut in but listening to the Senate majority bate on that bill in September when it
the CARES Act, and I still support that leader, he has been pouring cold water came before the U.S. Senate.
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December 3, 2020 CONGRESSIONAL RECORD — SENATE S7199
I appreciate these points. Obviously, Cassidy Hyde-Smith Romney the Senate Appropriations Committee;
Collins Johnson Rounds
we have a disagreement. President Cornyn Jones Rubio
and at the Senate Republican con-
Trump pushed for Congress to pass a Cotton Kelly Sasse ference.
payroll tax cut. I would rather see a Cramer Kennedy Scott (FL) Some who started with me in 2003 are
cut, not a deferral. That is the way to Crapo King Scott (SC) still working for me after 18 years, and
Cruz Lankford Shaheen
really help workers across this coun- Daines Lee some have moved on to other opportu-
Shelby
try. When Congress failed to act in Enzi Manchin
Sinema
nities, but each has played a major role
July, the President enacted that defer- Ernst McConnell
Sullivan in the Senate, whether they were help-
Fischer Moran
ral as a way to provide immediate re- Gardner Murkowski
Tester ing to pass laws, serve our constitu-
lief to the American people. I would Graham Murphy Thune ents, or answering the front-office
Tillis phone.
ask that we come together and let’s Grassley Paul
Hassan Reed Toomey
forgive those taxes. Forgive them, and We have some important traditions
Hawley Risch Wicker
they won’t be getting a surprise tax in- Hoeven Roberts Young here in the Senate, including the maid-
crease if we do that. en speech, which I delivered 17 years
NAYS—34 ago, in my case, and the farewell
Mr. VAN HOLLEN. Mr. President,
Baldwin Gillibrand Schatz speech, which I delivered yesterday,
just very briefly in response, I think Bennet Heinrich Schumer
everyone knows what is going on here. Blumenthal Hirono
but for me, something is missing. Usu-
Smith
This is a very simple proposal. If you Booker Kaine Stabenow ally staff is acknowledged in the fare-
want to participate in President Brown Klobuchar Udall well address, which either makes the
Cantwell Leahy Van Hollen address way too long or at least too lit-
Trump’s deferral, you can continue to Casey Markey Warner tle time to properly acknowledge their
participate in the deferral program. Coons Menendez Warren
But if you are in the Armed Forces or Cortez Masto Merkley
Whitehouse
contributions. I am here today to make
Duckworth Murray a ‘‘Salute to the Staff’’ speech. I know
are a Federal employee and you are Durbin Peters
Wyden
being required to do that right now and Feinstein Rosen
my colleagues agree that their own ac-
you don’t want to, we should let them complishments are the result of work-
NOT VOTING—7 ing with superior staff, so perhaps, if I
opt out. That is all this is about, and I
Burr Loeffler Sanders may not be presumptuous, a ‘‘Salute to
am really surprised that our Repub- Harris Perdue
lican colleagues would block members Inhofe Portman
the Staff’’ speech might become an ad-
of our Armed Forces and Federal em- ditional Senate tradition.
The nomination was confirmed. When I say ‘‘superior staff,’’ here is
ployees from making a simple choice
The PRESIDING OFFICER. Under what I mean: superior in being what
which they believe is in their best in-
the previous order, the motion to re- Senator Howard Baker used to call an
terest.
consider is considered made and laid eloquent listener—that the constituent
So I am disappointed with the objec-
upon table, and the President will be on the phone might be right or even
tion and will continue to pursue this.
immediately notified of the Senate’s the staffer in the other office might be
Thank you.
action. right; superior in courtesy to the Ten-
The PRESIDING OFFICER. The Sen-
The Senator from Tennessee. nesseans for whom we work; superior
ator from Montana.
Mr. DAINES. Mr. President, I ask f in insight; superior in resolving com-
unanimous consent to yield back the plex issues and wrapping up the result
LEGISLATIVE SESSION
time in order for the vote to occur now. in a nice package with a ribbon tied
The PRESIDING OFFICER. Is there around it, ready to be passed and
objection? MORNING BUSINESS signed into law whenever the moment
Without objection, it is so ordered. came that it could be passed, which
Mr. ALEXANDER. Madam President, would usually be a surprise and at an
VOTE ON HARDY NOMINATION I ask unanimous consent that the Sen- inconvenient time; and superior in
The PRESIDING OFFICER. The ate proceed to legislative session and writing and speaking plain English in
question is, Will the Senate advise and be in a period of morning business, order to persuade at least half the peo-
consent to the Hardy nomination? with Senators permitted to speak ple we are right; and superior in work-
Mr. DAINES. I ask for the yeas and therein for up to 10 minutes each. ing well together—something you are
nays. The PRESIDING OFFICER. Without supposed to learn in kindergarten—so
The PRESIDING OFFICER. Is there a objection, it is so ordered. we have a good time while we are
sufficient second? Mr. ALEXANDER. Madam President, working.
There appears to be a sufficient sec- I ask unanimous consent that I be rec- Unlike almost every other Senate of-
ond. ognized to speak for as long as I may fice, at the suggestion of my chief of
The clerk will call the roll. require. staff, David Cleary, we created a single
The legislative clerk called the roll. The PRESIDING OFFICER. Without team composed of personal office staff
Mr. THUNE. The following Senators objection, it is so ordered. here and in Washington, DC, and the
are necessarily absent: the Senator f committee staff, with David in charge
from North Carolina (Mr. BURR), the of all of that. I originally thought that
Senator from Oklahoma (Mr. INHOFE), RECOGNIZING THE STAFF OF
was a big mistake. I didn’t see how
the Senator from Georgia (Mrs. LOEF- SENATOR ALEXANDER
anyone could be in charge of all of
FLER), the Senator from Georgia (Mr. Mr. ALEXANDER. Madam President, that, but I was wrong about it because
PERDUE), and the Senator from Ohio here is my view of serving in the U.S. what it did was break down barriers
(Mr. PORTMAN). Senate: It is hard to get here, it is hard and eliminate jealousy, improve com-
Mr. DURBIN. I announce that the to stay here, and while you are here, munication, and create a much happier
Senator from California (Ms. HARRIS) you might as well try to accomplish and effective working condition.
and the Senator from Vermont (Mr. something good for the country. Ac- The results have been exceptional.
SANDERS) are necessarily absent. complishing something good in the For 18 years, I have gotten up every
The PRESIDING OFFICER (Mrs. U.S. Senate means working with a su- morning thinking I might be able to do
CAPITO). Are there any other Senators perior staff. something good to help our country,
in the Chamber desiring to vote? Today, I want to pay tribute to the and I have gone to bed most nights
The result was announced—yeas 59, 270 men and women who have served on thinking that I have. That couldn’t
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nays 34, as follows: my staff since I came to the Senate in have happened without the privilege of
[Rollcall Vote No. 253 Ex.] 2003, in my personal office, both here in working with an exceptional staff.
YEAS—59 Washington, DC, and in the six Ten- The truth is—we all know this—that
nessee offices; in the Senate Health, there is just no physical way for any
Alexander Blunt Capito
Barrasso Boozman Cardin Education, Labor, and Pensions Com- U.S. Senator to see every single one of
Blackburn Braun Carper mittee; the Senate Rules Committee; our constituents every time we want to
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