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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.

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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.




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                                             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



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                                             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.



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                                             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.



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                                             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.



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