Congressional Record, Employee Retention Credit and CARES Act Facilities — Senate, December 21, 2020
Summary
A page of the Congressional Record, Senate, dated December 21, 2020, at page S7924. Mr. McConnell asks unanimous consent for consideration of H. Con. Res. 128, a concurrent resolution directing the clerk of the House of Representatives to make a correction in the enrollment of H.R. 1520, and the resolution is agreed to. Mr. Grassley engages in a colloquy with Finance Committee Ranking Member Wyden on the retroactive claiming of the employee retention credit for wages paid in previous quarters. Mr. Toomey enters remarks about sections 1001 through 1005 of the Consolidated Appropriations Act, 2021, which he says rescind more than $429 billion of unused money from the CARES Act facilities, and focuses on section 1005, which concerns the Federal Reserve's emergency lending facilities.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record, Employee Retention Credit and CARES Act Facilities — Senate, December 21, 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-21-crec-2020-12-21-pt1-pgs7924-2-b69cf4d86a/
, SHA-256 756faf522c3bf268988d8c986cba7b9032a20c87d7498d09b1d3ff9d249b1feb.Full text
S7924 CONGRESSIONAL RECORD — SENATE December 21, 2020
DIRECTING THE CLERK OF THE with PPP loan proceeds. Second, a I have spoken at length on the Senate
HOUSE OF REPRESENTATIVES business that does not have its PPP floor about the creation, intended pur-
TO MAKE A CORRECTION IN THE loan forgiven can claim the credit for pose, and success of these facilities, as
ENROLLMENT OF H.R. 1520 any wages. As this change will be ret- well as the impact of sections 1001
Mr. MCCONNELL. Mr. President, I roactive, does the Chairman agree that through 1005 of the 2021 Approps Act on
ask unanimous consent that the Sen- it is equally as critical that these these facilities and the reasons for en-
ate proceed to the immediate consider- small businesses are able to quickly acting these sections. As a result, I will
ation of H. Con. Res. 128, which was re- and easily claim these past credits not repeat those remarks now.
ceived from the House. they will now be eligible for? Today, I would like to focus on the
The PRESIDING OFFICER. The Mr. GRASSLEY. Yes. That is why we impact of one particular section of the
clerk will report the concurrent resolu- are allowing these businesses, both 2021 Approps Act: section 1005. But let
tion by title. those with forgiven loans and those me first remind my colleagues of what
The senior assistant legislative clerk without, to claim credits for wages sections 1001 through 1005 of the 2021
read as follows: paid in previous quarters that this bill Approps Act do. Collectively, these sec-
makes eligible for the credit on their tions rescind more than $429 billion of
A concurrent resolution (H. Con. Res. 128)
directing the clerk of the House of Rep-
fourth quarter 2020 payroll tax filings. unused money out of the CARES Act
resentatives to make a correction in the en- This will prevent small businesses from facilities and use that money for other
rollment of H.R. 1520. having to amend their previously filed important purposes; definitively end
There being no objection, the Senate payroll tax returns, easing the paper- the CARES Act facilities by December
proceeded to consider the concurrent work burden for both taxpayers and the 31, 2020, as Congress intended and the
resolution. Internal Revenue Service. I know CARES Act requires; forbid the CARES
Mr. MCCONNELL. I ask unanimous Ranking Member WYDEN will join me Act facilities from being restarted; and
consent that the resolution be agreed in urging the IRS to do all they can to prevent the CARES Act facilities from
to and that the motion to reconsider be simplify and expedite the process for being replicated without congressional
considered made and laid upon the eligible businesses retroactively claim- approval.
ing the retention credit. The last thing Specifically, section 1005 of the 2021
table with no intervening action or de-
these businesses need right now is addi- Approps Act prevents the creation of
bate.
tional, complex payroll tax filings. any Federal Reserve emergency lend-
The PRESIDING OFFICER. Is there
I thank the ranking member for en- ing facility established under section
objection?
gaging in this colloquy to discuss this 13(3) of the Federal Reserve Act that is
Without objection, it is so ordered.
important issue and the clarification ‘‘the same as’’ any CARES Act facility.
The concurrent resolution (H. Con.
included in the pending appropriations Because an earlier version of TALF
Res. 128) was agreed to.
bill. was established in 2008 prior to the
f Mr. TOOMEY. Mr. President, I wish CARES Act, section 1005 of the 2021
UNITED STATES—MEXICO ECO- to enter remarks regarding the Con- Approps Act specifically allows
NOMIC PARTNERSHIP ACT—Con- solidated Appropriations Act, 2021, TALF—but only TALF—to be rep-
tinued which I will refer to as the 2021 licated in the future without congres-
Approps Act. sional approval. Under section 1005 of
Mr. GRASSLEY. Mr. President, I ask Specifically, my remarks are about the 2021 Approps Act, all of the other
unanimous consent to engage in a col- sections 1001 through 1005 of the 2021 CARES Act facilities—the Primary
loquy with my colleague, Finance Approps Act. I was the sponsor and Market Corporate Credit Facility, the
Committee Ranking Member WYDEN, principal drafter of these sections. I Secondary Market Corporate Credit
to discuss a tax provision included in also negotiated the final legislative Facility, the Municipal Liquidity Fa-
the omnibus appropriations bill cur- text of these sections with Treasury cility, and the Main Street Lending
rently before the Senate. The tax title Secretary Steven Mnuchin and my Program—cannot be replicated in the
in this bill contains important clari- Democratic colleagues in the Senate, future without congressional approval.
fications to, and expansions of, the Em- including Democratic Minority Leader So what does it mean for a new facil-
ployee Retention Tax Credit estab- CHUCK SCHUMER. ity to be ‘‘the same as’’ a CARES Act
lished under section 2301 of the CARES These sections relate to the Federal facility? That question can easily be
Act. This credit has provided vital pay- Reserve’s temporary emergency lend- answered by looking at the purpose of
roll support to struggling businesses in ing facilities under section 13(3) of the the CARES Act facilities. The purpose
Iowa and across the country. The en- Federal Reserve Act that are creatures of each CARES Act facility is identi-
hancements included in this bill are of the CARES Act P.L. 116–136. These fied in its term sheet.
necessary to help more employers ac- facilities were established in response Let’s walk through them. The pur-
cess the credit. Importantly, the bill to the extreme turmoil in the credit pose of the Primary Market Corporate
clarifies that businesses that received markets caused by the COVID–19 pan- Credit Facility was to lend directly to
Paycheck Protection Program loans, demic in March 2020. They were made corporations by purchasing bonds or
or PPP, are still eligible for the credit possible by $500 billion in funding and syndicated loans from them at
based on other wages and benefits paid. authority provided by the CARES Act. issuance. The purpose of the Secondary
Does Member WYDEN agree that our in- As a result, these facilities are often Market Corporate Credit Facility was
tent is to allow struggling small busi- referred to as the CARES Act facilities, to purchase corporate bonds and cor-
nesses to access the retention credit, which is how I will refer to them. porate bond Exchange Traded Funds
even if they have received a PPP loan? The CARES Act facilities are the Pri- (ETFs) in the secondary market. The
Mr. WYDEN. That is correct. COVID– mary Market Corporate Credit Facil- purpose of the Municipal Liquidity Fa-
19 has shuttered small businesses ity, the Secondary Market Corporate cility was to lend directly to states and
across the Country. This is especially Credit Facility, the Municipal Liquid- municipalities by purchasing their mu-
true in Oregon, where small businesses ity Facility, the Main Street Lending nicipal bonds from them at issuance.
are the backbone of our economy. En- Program, and the Term Asset-Backed The purpose of the Main Street Lend-
suring businesses can access relief from Securities Loan Facility (TALF). The ing Program was to extend credit di-
both the Paycheck Protection Program CARES Act required and Congress in- rectly to small or medium sized busi-
and the Employee Retention Tax Cred- tended the CARES Act facilities to nesses, including nonprofit organiza-
it is critical. The legislation before us cease operations by December 31, 2020. tions.
ctelli on DSK11ZRN23PROD with SENATE
today would allow businesses who took I was one of the two Republican Sen- These purposes are clear and are
out a PPP loan to access the retention ators involved in drafting the CARES what define each of the CARES Act fa-
credit in two instances. First, those ACT provisions that provided the fund- cilities. A future lending facility that
businesses that have had or will have ing and authority for the CAREES Act had the same purpose as a CARES Act
their loan forgiven can claim the credit facilities. During the last 2 days—De- facility would be the ‘‘same as’’ as
for any wages that were not paid for cember 19, 2020 and December 20, 2020— CARES Act facility and therefore could
VerDate Sep 11 2014 00:44 Dec 27, 2020 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.072 S21DEPT1
December 21, 2020 CONGRESSIONAL RECORD — SENATE S7925
not be created without congressional new Federal Reserve emergency lend- Unfortunately, during the negotia-
approval. The Treasury and the Fed- ing facility from being established tions leading up to this bill, the House
eral Reserve would need to come to under section 13(3) of the Federal Re- Intelligence Committee minority in-
Congress for approval, just as they did serve Act without congressional ap- sisted that this bipartisan, Senate-
at the time of the creation of the proval, if the facility has the same pur- passed provision be modified so that
CARES Act facilities. pose as a CARES Act facility. The the portion of the report on the classi-
Unfortunately, I have seen some un- CARES Act facilities were unprece- fied annex of PPD–28 is submitted to
informed reporters and outside com- dented facilities that the Treasury, the chairmen and ranking minority
mentators incorrectly assert that sec- with the support of the Federal Re- members of the congressional intel-
tion 1005 of the 2021 Approps Act only serve, requested that Congress make ligence committee. To the extent this
prevents the creation of new lending possible. Congress did so through the language could be misinterpreted to
facilities if the facilities are ‘‘identical CARES Act. These facilities required limit access by the full committees, it
to’’ or ‘‘exactly the same as’’ the legislation in March 2020 and the same is unacceptable and unprecedented.
CARES Act facilities. That is mani- types of facilities would require legis- Congress should not be in the position
festly not true. Section 1005 of the 2021 lation in the future if the Treasury and of passing legislation that could be
Approps Act does not say that, nor was the Federal Reserve believed they seen as limiting its ability to fulfill its
that the intent of Congress. I should needed to engage in such bond pur- own oversight responsibilities.
know because unlike these reporters chasing and direct lending again. Mr. WARNER. I thank the Senator
and commentators I drafted and nego- Mr. WYDEN. Mr. President, I want to from Oregon. I agree that the report re-
tiated the final text of section 1005 of thank the Senator from Virginia, the quired by the IAA on PPD–28 is criti-
the 2021 Approps Act with my Demo- vice chairman of the Senate Select cally important and central to the
cratic colleagues, including Minority Committee on Intelligence, for his committee’s oversight responsibilities.
work on the Intelligence Authorization I share the Senator’s dismay that this
Leader SCHUMER.
During the course of our negotia- Act, which is now part of the omnibus provision was modified in this way and
tions, Democrats actually proposed appropriations bill. I wish to address a through what I consider to be an unfor-
that we use the phrase ‘‘identical to’’ few provisions that have been removed tunate conference process that should
or modified. not be repeated. More generally, I op-
in section 1005 of the 2021 Approps Act.
First, the IAA, as reported by the pose legislation that would purport to
I specifically rejected this proposal be-
Senate Intelligence Committee in restrict full committee access and im-
cause ‘‘identical to’’ is far too limited June, included a provision requiring
in scope. If section 1005 of the 2021 pede the critical oversight provided by
the DNI to submit a report to the con- the full committee.
Approps Act had used the word ‘‘iden- gressional intelligence committees on This provision, as modified, states
tical to’’ than that would mean only a the implementation of Presidential that the DNI will submit the report to
new facility that is identical to a Policy Directive 28. That report covers the chairman and vice chairman. It
CARES Act facility in every way would the classified annex referenced in sec- does not, however, preclude its provi-
be prohibited. That would defeat the tion 3 of PPD–28. sion to the other members of the com-
entire purpose of section 1005. This report is extremely important. mittee. As vice chairman of the com-
It would have allowed the Treasury It will allow the committees to con- mittee, it is my intent to push for the
and the Federal Reserve to essentially duct oversight of signals intelligence full committee to get this report. It is
restart the CARES Act facilities, collection conducted pursuant to Exec- also my intent to seek to amend this
which section 1005 of the 2021 Approps utive Order 12333. It will also provide language so that it is not misinter-
Act separately prohibits them from re- the committee the ability to under- preted to limit full committee access.
starting, by simply tinkering with stand how the government interprets Mr. WYDEN. I thank the Senator
their terms and launching them under and implements PPD–28, which has from Virginia. On another topic, the
a new name. For example, the terms of broad legal, policy, and diplomatic im- vice chairman and I worked together to
the Municipal Liquidity Facility only plications. In response to the outrage include in the IAA a number of criti-
allow it to purchase bonds directly from our European allies regarding cally important provisions protecting
from and state and municipal issuers U.S. signals intelligence operations re- whistleblowers. Again, at the insist-
that have a maturity of up to 3 years. vealed by Edward Snowden, President ence of the House Intelligence Com-
If a new facility was the same in every Obama issued PPD–28 in January 2014. mittee minority, those provisions were
way as the Municipal Liquidity Facil- PPD–28 covers topics that are directly taken out. The latest was the removal
ity with the exception that it could relevant to both Americans and for- of a provision that would help whistle-
purchase bonds with maturities up to eigners, such as bulk collection. The blowers whose security clearances have
10 years, rather than up to 3 years, directive, and its classified annex in been revoked as a form of reprisal.
than it would not be ‘‘identical to’’ the particular, is designed to evaluate the Those provisions need to be passed into
Municipal Liquidity Facility and benefits and risks of signals intel- law.
therefore could be created. However, ligence operations. It was intended to Mr. WARNER. I agree. I strongly sup-
such a facility would be the same as reassure our allies about the scope of ported each of the five whistleblower
the current Municipal Liquidity Facil- U.S. signals intelligence collection and protection provisions in the IAA. It is
ity because it is lending directly to to serve as a cornerstone for data-shar- my intent to keep fighting for them so
States and municipalities. ing agreements, which are still ongo- that they are on next year’s IAA and
My Republican colleagues and I did ing. Unlike FISA collection, however, are passed into law.
not want to permit for such a loophole there is no judicial oversight of collec- Mr. SCHUMER. I thank my friends
in the law. That is why I specifically tion conducted pursuant to EO 12333 from Oregon and Virginia for their
rejected my Democratic colleagues’ and governed by PPD–28. For all these hard work on the Senate Intelligence
proposal that we use the phrase ‘‘iden- reasons, therefore, it is absolutely crit- Committee. I agree with them that
tical to’’ any CARES Act facility. In ical that there be serious congressional oversight by the full Senate Intel-
our negotiations, I told him that we oversight of PPD–28. ligence Committee on these and other
did not want the Treasury and Federal The PPD–28 reporting requirement intelligence matters is at the core of
Reserve to replicate the CARES Act fa- was not merely part of the IAA re- the Senate’s constitutional responsibil-
cilities by tinkering with their terms ported by the committee. It was in the ities. I, too, agree that the language
and then launching them under dif- version of the IAA that was attached to should not be interpreted to limit that
ferent names. Ultimately, my Demo- the National Defense Authorization full committee oversight. I also strong-
ctelli on DSK11ZRN23PROD with SENATE
cratic colleagues conceded on this Act that passed the full Senate in July. ly agree with the Senators’ views on
point and agreed to compromise by That version was never passed into the critical importance of protecting
using the broader phrase ‘‘the same as’’ law, however, because the IAA fell off whistleblowers. The abuses of the out-
instead. the NDAA, which is why the IAA is going administration have illustrated
So where does that leave us? Section now part of the omnibus appropriations the urgent need for these legislative
1005 of the 2021 Approps Act prevents a bill. protections.
VerDate Sep 11 2014 00:44 Dec 27, 2020 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.013 S21DEPT1
S7926 CONGRESSIONAL RECORD — SENATE December 21, 2020
Mr. BARRASSO. Mr. President, Sen- Our agreed-upon changes to the in- (e)(4)(B)(iv)(I), subsection (k)(2)(A) pre-
ator CARPER, ranking member of the troduced legislation have focused in a empts any enforcement of a statute or
Committee on Environment and Public few key areas identified by Chairman administrative action by a State or po-
Works, Senator JOHN KENNEDY, and I, BARRASSO. The first key area is ‘‘essen- litical subdivision of a State for 5 years
as chairman of the Committee on Envi- tial uses’’ of regulated HFC substances. from the date of enactment. Preemp-
ronment and Public Works, are the The introduced legislation offered im- tion is potentially extendable for up
principal Senate authors of section 103 mediate relief for some special cir- to—but not more than—10 years, as
in Division S of the Consolidated Ap- cumstances, including feedstocks and provided in subsection (k)(2)(B).
propriations Act, 2021—the American process agents. For example, in a pro- The third key area of change from
Innovation and Manufacturing, ‘‘AIM’’, vision that has been present in all the introduced legislation is the pro-
Act of 2020, hereinafter ‘‘section 103’’. versions of the legislation, subsection tection of consumers and businesses
This bipartisan legislation will phase (e)(4)(A) assures there are no regu- from cost increases. Of particular note,
down the production and consumption latory requirements for ‘‘a regulated under subsection (f)(2)(B), EPA cannot
of hydrofluorocarbons, HFCs, which are substance that is used and entirely accelerate the 15-year regulatory
potent greenhouse gases that con- consumed (except for trace quantities) timeline faster than HFC consumption
tribute to climate change. As authors, in the manufacture of another chem- levels that the market is already
we submit these comments to provide ical.’’ Where trace quantities of an achieving. However, EPA must ensure
the Senate with additional information HFC regulated substance, including im- any level set under this subsection is
regarding the development of section purities or unreacted feedstock chem- at least as stringent as the production
103. ical, remain through transformation of and consumption levels of regulated
Section 103 establishes a new, na- a regulated HFC substance into an- substances required under subsection
tional program administered by the
other product, that activity is covered (e)(2)(C) for a given year, as provided in
U.S. Environmental Protection Agen-
by the exemption as soon as the Act is subsection (f)(6). Language to protect
cy, EPA, to phase down the production
enacted into law. consumers and businesses, particularly
and consumption of certain HFC sub- The introduced legislation did not residential and small business con-
stances. Section 103 vests EPA with au-
provide immediate protection for es- sumers, has also been added to regu-
thority to phase down the production
sential uses. Subsection (e)(4)(B) now latory provisions throughout the bill,
and consumption of these substances in
provides that relief for essential uses. including essential uses (subsection
a comprehensive manner. It is designed
Congress has identified six essential (e)(4)–(5)), accelerated schedule (sub-
to provide regulatory certainty. Spe-
uses in subsection (e)(4)(B)(iv) that are section (f)), and technology transitions
cifically, section 103 requires EPA to
designated by law as essential uses (subsection (i)).
implement an 85 percent phase down of
upon enactment: No. 1, propellant in Together we support section 103. We
the production and consumption of reg-
metered dose inhalers; No. 2, defense thank our House colleagues for work-
ulated HFC substances, so those levels
sprays; No. 3, structural composite ing together with us to improve further
reach approximately 15 percent of their
2011–2013 average annual levels by 2036. preformed polyurethane foam for ma- our Senate agreement reached in Sep-
Importantly, this section includes pro- rine use and trailer use; No. 4, the etch- tember 2020. Through negotiations with
visions to safeguard consumers and ing of semiconductor material or wa- leaders of the U.S. House of Represent-
American manufacturers from cost in- fers and the cleaning of chemical vapor atives Committee on Energy and Com-
creases during the phase down while deposition chambers within the semi- merce, we agreed to additional changes
still adhering to the phase down time- conductor manufacturing sector; No. 5, to improve legislative clarity, includ-
table in subsection (e)(2)(C). mission-critical military end uses, ing language to help protect afford-
The text of section 103 reflects bipar- such as armored vehicle engine and ability for residential and small busi-
tisan, necessary improvements to the shipboard fire suppression systems and ness consumers while also protecting
original, introduced text in the Senate. systems used in deployable and expedi- the environment.
On March 4, 2020, Senator KENNEDY tionary applications; and No. 6, on- Ms. SMITH. Mr. President, section
filed amendment No. 1504 to S. 2657, board aerospace fire suppression. 20l(f) of the unemployment extension
which was identical to stand-alone leg- In implementing this legislation, provisions of the bill we are consid-
islation, S. 2754, the American Innova- EPA must allocate, by rule, the full ering this evening contains language
tion and Manufacturing Act of 2019. quantity of allowances needed by each limiting retroactive Pandemic Unem-
Ranking Member CARPER of the U.S. of these six congressionally designated ployment Assistance compensation for
Senate Committee on Environment and uses for at least 5 years. This rule- applicants that had not applied by the
Public Works Committee, EPW, co- making only determines the quantities date of enactment of this bill.
sponsored amendment No. 1504 and S. of mandatory allowances that are allo- It is my understanding that this pro-
2754. EPW Chairman BARRASSO opposed cated to each of the six uses above. vision is intended to cover individuals
amendment No. 1504 and S. 2754 as in- Under subsection (e)(4)(B)(i)–(iii), who have known for months of their
troduced, hereinafter ‘‘introduced leg- EPA may, by rule, designate other uses eligibility for benefits but failed to
islation’’. as essential uses and allocate any such apply in a timely manner. However, it
On March 25, 2020, Chairman BAR- use a quantity of allowances, provided is also my understanding that this pro-
RASSO and Ranking Member CARPER certain criteria are met and subject to vision is not intended to apply in cases
began an electronic information-gath- the applicable phasedown timelines where the individuals have only re-
ering process on S. 2754 by EPW to so- and regulations for the production and cently learned they would be eligible
licit the views of stakeholders. This consumption of HFCs under (e)(2)–(3). for PUA and a State unemployment of-
process allowed EPW to hear safely The Administrator is required to re- fice had previously advised those indi-
from many stakeholders during the view each essential use application viduals not to apply for benefits. This
COVID–19 pandemic. The extensive in- every 5 years and shall continue to is the case, for instance, for secondary
formation-gathering process generated make available essential use allow- schools students in Minnesota, who
filings from a range of industries, ances if the Administrator determines, were advised by the State that they
States, interest groups, and individ- subject to notice and opportunity for were not eligible for PUA, but a court
uals. public comment, that statutory cri- recently determined that the students
We relied on the valuable informa- teria are met under subsection were indeed eligible earlier this month.
tion gained through that process to im- (e)(4)(B)(v). It is also my understanding that this
prove the introduced legislation and to The second key area of change from provision is not intended to apply to
ctelli on DSK11ZRN23PROD with SENATE
reach collective agreement on amended the introduced legislation is express individuals who have filed a regular
text. This agreement was filed as preemption of certain State and local State unemployment insurance claim
amendment No. 2655 to S. 2657 on Sep- laws, reflected in subsection (k)(2). that remains in adjudication, who later
tember 10, 2020. Section 103 closely re- With respect to an exclusive use for find out that they are ineligible for
sembles the text of amendment No. which a mandatory allocation of allow- regular unemployment compensation
2655. ances is provided under subsection and must apply for PUA instead.
VerDate Sep 11 2014 02:34 Dec 27, 2020 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.036 S21DEPT1
December 21, 2020 CONGRESSIONAL RECORD — SENATE S7927
Senator WYDEN was the lead Demo- current CDC moratorium in place. An documentation required to dem-
cratic negotiator on the unemployment advocate I spoke with told me that he onstrate a connection to the pandemic.
provisions of this bill. Does he share expected there to be a ‘‘massive flood’’ In addition to financial assistance for
the same understanding of the intent of eviction cases in January after the rent, utilities, and other housing costs,
of this provision? CDC moratorium expires. the bill permits grantees to fund hous-
Mr. WYDEN. Yes. That language was We did not have to be here. Since the ing stability services. This will allow
not intended to limit retroactive com- passage of the CARES Act in March, I grantees to offer households services
pensation for individuals who were pre- have been calling for more help for they may need to remain or become
viously advised by a State, that they renters and homeowners to withstand stably housed, including case manage-
were ineligible for PUA, nor was it in- the COVID–19 pandemic and its eco- ment, landlord-tenant mediation, legal
tended to limit retroactive compensa- nomic effects. In May, I introduced S. services, eviction prevention services,
tion for individuals who have a regular 3865, the Emergency Rental Assistance rehousing services, services to connect
unemployment insurance claim in ad- and Rental Market Stabilization Act of eligible households to other public sup-
judication and later find out they need 2020, to provide these resources ports, and referrals to other services
to apply for PUA. throughout the country. The House for behavioral, emotional, and mental
Ms. SMITH. Thank you for the clari- passed this bill as part of the Heroes health issues, domestic violence, child
fication and for your work in drafting Act in May. Unfortunately, Senate welfare, employment, and substance
the unemployment compensation lan- Leader MCCONNELL did not see the ur- abuse treatment.
guage in this bill. gency to act on COVID relief for fami- Finally, the emergency rental assist-
Mr. BROWN. Mr. President, I rise to lies, and we are just coming to the ance fund in this bill provides non-
talk about the inclusion of critical pro- floor with a bill to help address the taxable assistance for renter house-
tections for renters in the bill before us COVID–19 crisis 7 months later. holds that does not count toward in-
today. These include $25 billion in Today’s bill, while not going far come for calculating eligibility for
emergency rental assistance and an ex- enough, takes action to help renters re- other programs. Emergency assistance
tension of the Centers for Disease Con- main or become stably housed and keep is just that—emergency assistance for
trol and Prevention’s nationwide evic- their utilities running. The $25 billion an extraordinary event—and it should
tion moratorium through January 31, in rental assistance and extension of not be used to penalize families fur-
2021. the eviction moratorium will work to-
This bill does not include all that I ther. If there is any confusion about
gether to protect renters from evic- the taxability of this assistance, the
have been calling for since this crisis
tions in the midst of the pandemic in Department of Treasury, in consulta-
began, nor is it the bill I would have
the middle of winter. The eviction mor- tion with the Internal Revenue Serv-
written on my own, but it is a long
atorium extension helps prevent evic- ice, should provide guidance to clarify
overdue and essential start on the help
tions while families await assistance. this for grantees and participants.
families urgently need to stay or be-
Rental assistance will ensure that fam- I will continue to fight for the hous-
come safely and stably housed right
ilies can pay their bills and remain in ing resources and protections our rent-
now. And it is arriving as millions of
their homes during and after the pan- ers and homeowners need to stay in
renters across the country are on the
demic without being forced to make their homes. I also look forward to
precipice of an entirely preventable
eviction crisis. impossible choices between rent and working to successfully deploy the his-
One in five renters are behind on rent food or medicine. toric resources and protections pro-
right now. For renters in households Given how badly these resources are vided in this bill.
with children, this number is one in needed in the community today, the The PRESIDING OFFICER. The ma-
four, and for Black renters, the rate is Department of Treasury must do all jority leader.
nearly one in three. Economist Mark that it can to implement this rental as- VOTE ON MOTION TO CONCUR
Zandi estimates that renters are $70 sistance program quickly and success-
Mr. MCCONNELL. Mr. President, I
billion behind on rent, with average fully.
This means ensuring that States and ask unanimous consent that all time
back rent of nearly $6,000. With mil- be yielded back.
lions of families potentially facing communities can quickly provide funds
to those who need them and minimize The PRESIDING OFFICER. Is there
eviction or displacement, without this objection?
bill, the current CDC eviction morato- artificial paperwork and documenta-
tion barriers for applicants trying to Without objection, it is so ordered.
rium would have expired on December Mr. MCCONNELL. I ask for the yeas
31, making for a very unhappy new access the funds Congress intended
them to have. Treasury should avoid and nays.
year for many renters across the coun- The PRESIDING OFFICER. Is there a
try. establishing requirements that are bur-
densome for both renters and grantees sufficient second?
A wave of evictions in the middle of There is a sufficient second.
this pandemic will set back millions of administering emergency rental assist-
ance programs and that will slow down The question is on agreeing to the
families, interrupt jobs and educations, motion to concur.
and exacerbate inequality in this coun- dollars going to keep the heat on and
pay landlords. The yeas and nays are ordered.
try. It will also make it harder to keep The clerk will call the roll.
people healthy and get the virus under The COVID–19 pandemic has had
broad impacts on individuals, families, The legislative clerk called the roll.
control. Mr. THUNE. The following Senators
I have heard from Ohioans how badly businesses, availability of government
services and supports, and throughout are necessarily absent: the Senator
people need housing assistance. A
our economy. It has changed where and from Wyoming (Mr. ENZI) and the Sen-
group of Ohio’s homeless services orga-
how many people work. It has made it ator from South Dakota (Mr. ROUNDS).
nizations told me recently about the
more difficult not just to keep a job, (Mr. SASSE assumed the Chair.)
tremendous surge in family homeless-
but also to find a new job, to get The PRESIDING OFFICER (Mr.
ness they are seeing during the pan-
enough hours, and to find child care or JOHNSON). Are there any other Sen-
demic. One reported that 80 percent of
someone to care for a sick loved one. ators in the Chamber desiring to vote?
their shelter requests have been fami-
All of these challenges brought on by The result was announced—yeas 92,
lies with kids. These are families with
the pandemic have made it more dif- nays 6, as follows:
nowhere to go and trying to balance
work and school. How many of them ficult for families to make ends meet. [Rollcall Vote No. 289 Leg.]
could have stayed in their homes, and These effects are likely to exist for YEAS—92
ctelli on DSK11ZRN23PROD with SENATE
not disrupted their lives—and their months and years to come. As Congress Alexander Boozman Carper
kids’ lives—if the Federal Government has stated in this bill, given the enor- Baldwin Braun Casey
Barrasso Brown Cassidy
had just stepped in with rental assist- mous documentation challenges facing Bennet Burr Collins
ance? families as businesses close and service Blumenthal Cantwell Coons
In Columbus, there are over 100 evic- jobs reduce in hours, an applicant’s Blunt Capito Cornyn
tion trials every day, even with the written attestation should be the only Booker Cardin Cortez Masto
VerDate Sep 11 2014 02:34 Dec 27, 2020 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.031 S21DEPT1
S7928 CONGRESSIONAL RECORD — SENATE December 21, 2020
Cotton Kennedy Sanders There being no objection, the com- Whereas the 2020 coronavirus pandemic has
Cramer King Sasse contributed to a significant increase in hun-
Crapo Klobuchar Schatz
mittee was discharged, and the Senate
proceeded to consider the resolution. ger around the world, and the WFP has
Daines Lankford Schumer
Duckworth Leahy Mr. BOOZMAN. I ask unanimous con- surged its capacity in order to meet that
Scott (SC)
Durbin Loeffler compounded need;
Shaheen sent that the Boozman amendment to Whereas the United States played an inte-
Ernst Manchin Shelby
Feinstein Markey the resolution be considered and agreed gral role in the founding of the WFP, re-
Sinema
Fischer McConnell Smith
to; the resolution, as amended, be mains its strongest supporter, and provides,
Gardner Menendez agreed to; the Boozman amendment to as of the date of adoption of this resolution,
Stabenow
Gillibrand Merkley
Graham Moran
Sullivan the preamble be agreed to; the pre- more than 40 percent of its annual resources;
Grassley Murkowski
Tester amble, as amended, be agreed to; and Whereas the WFP has stated, ‘‘Until the
Thune day we have a medical vaccine, food is the
Harris Murphy
Tillis
that the motions to reconsider be con-
Hassan Murray sidered made and laid upon the table. best vaccine against chaos’’; and
Hawley Perdue Toomey Whereas the Norwegian Nobel Committee,
Heinrich Peters Udall The PRESIDING OFFICER. Without
in announcing the winner of the Nobel Peace
Hirono Portman Van Hollen objection, it is so ordered. Prize for 2020, stated, ‘‘The work of the
Hoeven Reed Warner The amendment (No. 2733) was agreed
Warren World Food Programme to the benefit of hu-
Hyde-Smith Risch to, as follows:
Inhofe Roberts Whitehouse mankind is an endeavour that all the nations
Jones Romney Wicker (Purpose: To amend the resolving clause) of the world should be able to endorse and
Kaine Rosen Wyden On page 2, lines 10 and 11, strike ‘‘staff support’’: Now, therefore, be it
Kelly Rubio Young worldwide;’’ and insert ‘‘staff, who work tire- Resolved, That the Senate—
lessly, and often at great personal risk, to (1) joins the other countries of the world
NAYS—6
combat hunger and save lives around the in—
Blackburn Johnson Paul (A) affirming the mission of the United Na-
Cruz Lee Scott (FL) world;’’.
On page 3, line 3, strike ‘‘nutrition’’ and in- tions World Food Programme (referred to in
NOT VOTING—2 sert ‘‘nutrition, including’’. this resolution as the ‘‘WFP’’) on the occa-
Enzi Rounds sion of being awarded the 2020 Nobel Peace
The resolution (S. Res. 774), as Prize; and
The PRESIDING OFFICER. On this amended, was agreed to. (B) supporting the leadership of the WFP
vote, the yeas are 92, the nays are 6. The amendment (No. 2734) was agreed Executive Director, David Beasley, and the
The 60-vote threshold having been to, as follows: contributions of the more than 17,000 WFP
achieved, the motion to concur is (Purpose: To amend the preamble) staff, who work tirelessly, and often at great
agreed to. Beginning in the second whereas clause of personal risk, to combat hunger and save
The PRESIDING OFFICER. The Sen- the preamble, strike ‘‘Whereas the WFP’’ lives around the world; and
and all that follows through the semicolon in (2) remains committed to the goal of the
ator from South Dakota.
the fifth whereas clause and insert the fol- international community to end hunger,
f achieve food security, and improve nutrition,
lowing:
SIGNING AUTHORITY Whereas the WFP is the largest inter- including through the work of the WFP.
national humanitarian organization that ad- f
Mr. THUNE. Mr. President, I ask
dresses hunger, promotes food security, and
unanimous consent that the senior saves lives, including in response to many of
RECOGNIZING THE DEVASTATING
Senator from South Dakota, the senior the most dangerous and complex crises in EXPLOSION THAT ROCKED THE
Senator from Kansas, and the senior the world; PORT OF BEIRUT ON AUGUST 4,
Senator from Missouri be authorized to Whereas, in 2019, an estimated 135,000,000 2020
sign duly enrolled bills and joint reso- people around the world suffered from acute Mr. BOOZMAN. Mr. President, I ask
lutions from December 21, 2020, to Jan- hunger and the WFP provided nutrition as-
unanimous consent that the Com-
uary 3, 2021. sistance to nearly 100,000,000 people in 88
countries; mittee on Foreign Relations be dis-
The PRESIDING OFFICER. Without charged from further consideration of
Whereas the 2020 coronavirus pandemic has
objection, it is so ordered. contributed to a significant increase in hun- S. Res. 682 and the Senate proceed to
Mr. THUNE. Mr. President, I suggest ger around the world, and the WFP has its immediate consideration.
the absence of a quorum. surged its capacity in order to meet that The PRESIDING OFFICER. Without
The PRESIDING OFFICER. The compounded need; objection, it is so ordered.
clerk will call the roll. Whereas the United States played an inte- The clerk will report the resolution
The senior assistant legislative clerk gral role in the founding of the WFP, re- by title.
proceeded to call the roll. mains its strongest supporter, and provides, The senior assistant legislative clerk
Mr. BOOZMAN. Mr. President, I ask as of the date of adoption of this resolution,
read as follows:
unanimous consent that the order for more than 40 percent of its annual resources;
In the seventh whereas clause of the pre- A resolution (S. Res. 682) recognizing the
the quorum call be rescinded. amble, strike ‘‘Price’’ and insert ‘‘Prize’’. devastating explosion that rocked the Port
The PRESIDING OFFICER. Without of Beirut on August 4, 2020, and expressing
objection, it is so ordered. The preamble, as amended, was solidarity with the Lebanese people.
agreed to.
f There being no objection, the com-
The resolution, as amended, with its
mittee was discharged, and the Senate
HONORING THE UNITED NATIONS preamble, as amended, reads as follows:
proceeded to consider the resolution.
WORLD FOOD PROGRAMME ON S. RES. 774 Mr. BOOZMAN. Mr. President, I
THE OCCASION OF BEING Whereas, on October 9, 2020, the Norwegian know of no further debate on the bill.
AWARDED THE 2020 NOBEL Nobel Committee announced that the Nobel The PRESIDING OFFICER. Is there
PEACE PRIZE Peace Prize for 2020 has been awarded to the
further debate?
United Nations World Food Programme (re-
Mr. BOOZMAN. Mr. President, I ask Hearing none, the question is on
ferred to in this preamble as the ‘‘WFP’’)
unanimous consent that the Foreign ‘‘for its efforts to combat hunger, for its con- adoption of the resolution.
Relations Committee be discharged tribution to bettering conditions for peace in The resolution (S. Res. 682) was
from further consideration and the conflict-affected areas and for acting as a agreed to.
Senate proceed to the immediate con- driving force in efforts to prevent the use of Mr. BOOZMAN. I further ask that the
sideration of S. Res 774. hunger as a weapon of war and conflict’’; preamble be agreed to, and that the
The PRESIDING OFFICER. Without Whereas the WFP is the largest inter- motions to reconsider be considered
objection, it is so ordered. national humanitarian organization that ad- made and laid upon the table with no
dresses hunger, promotes food security, and intervening action or debate.
The clerk will report the resolution
saves lives, including in response to many of The preamble was agreed to.
by title.
ctelli on DSK11ZRN23PROD with SENATE
the most dangerous and complex crises in
The senior assistant legislative clerk (The resolution, with its preamble, is
the world;
read as follows: Whereas, in 2019, an estimated 135,000,000 printed in the RECORD of August 13,
A resolution (S. Res. 774) honoring the people around the world suffered from acute 2020, under ‘‘Submitted Resolutions.’’)
United Nations World Food Programme on hunger and the WFP provided nutrition as- Mr. BOOZMAN. Mr. President, I ask
the occasion of being awarded the 2020 Nobel sistance to nearly 100,000,000 people in 88 unanimous consent that the order for
Peace Prize. countries; the quorum call be rescinded.
VerDate Sep 11 2014 00:44 Dec 27, 2020 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.014 S21DEPT1
File and source
- File
- CREC_crec-2020-12-21_crec-2020-12-21-pt1-pgs7924-2.pdf
- Size
- 253,434 bytes
- SHA-256
- 756faf522c3bf268988d8c986cba7b9032a20c87d7498d09b1d3ff9d249b1feb
- Original
- www.govinfo.gov