Congressional Record, Senate — March 11, 2021, S1496
Summary
This is S1496 of the Congressional Record, Senate, March 11, 2021, with interleaved columns. The page begins with the end of a tribute by a Senator, whose name is not printed in the text read, to a lawyer and lay minister who was a devoted father. Mr. Schumer asks to proceed to legislative session and morning business. Mr. Brown speaks about the passage of the American Rescue Plan, saying it includes funding for vaccines, school reopening, enhanced unemployment, food assistance, and enhancements to the EITC and CTC, and Mr. Leahy also speaks under the heading American Rescue Plan Act of 2021, with the views attributed to the speakers.
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“Congressional Record, Senate — March 11, 2021, S1496.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-11-crec-2021-03-11-pt1-pgs1496-2-cbf73b2d09/
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S1496 CONGRESSIONAL RECORD — SENATE March 11, 2021
listened closely, and because I was, by Mr. SCHUMER. Madam President, I Mr. BROWN. Madam President, I rise
then, a second-year law student, I rec- ask unanimous consent that the order to talk about the passage of the his-
ognized some of the legal vernacular for the quorum call be rescinded. toric American Rescue Plan. This mon-
that he was using, and I quickly dis- The PRESIDING OFFICER. Without umental legislation will help us get
cerned, based on some of his appellate objection, it is so ordered. this pandemic under control and help
briefs that I recently had read, he was f families and small businesses weather
preparing for what he hoped and ex- the economic crisis. It includes critical
pected and genuinely believed would be LEGISLATIVE SESSION funding for vaccine production, testing,
his next argument before the U.S. Su- and additional PPE. It includes the re-
preme Court. And I thought: Way to go. sources we need to help kids get back
MORNING BUSINESS
There to the bitter end, he is ready for to school safely, enhanced unemploy-
what is next. He is ready to stand for Mr. SCHUMER. Madam President, I ment to help workers who are suffering
vindicating the interests of his client ask unanimous consent that the Sen- during this pandemic, food assistance
and for doing his job and doing it well. ate proceed to legislative session and for low-income families, and stimulus
At no moment during any of this, be in a period of morning business, checks to help make ends meet with
notwithstanding his service in edu- with Senators permitted to speak hours cut and expenses rising. It also
cation, in government, and the practice therein for up to 10 minutes each. makes long-overdue enhancements to
of law, and his extended church service The PRESIDING OFFICER. Without EITC and CTC that will help lift mil-
as a lay minister in my faith, did I ever objection, it is so ordered. lions of children out of poverty. And it
feel that we were neglected as a family. f provides resources to keep families in
To be sure, he was gone a fair amount their homes during this pandemic.
AMERICAN RESCUE PLAN ACT OF First, it provides critical assistance
of time. He was a busy man, but when
2021 for renters and people experiencing or
he was home, he was 100 percent home.
He was all in. He loved—or at least if Mr. LEAHY. Madam President, last at risk of homelessness. Before the
he didn’t love it, he at least had us con- week the Congress passed and tomor- pandemic, an estimated 568,000 people,
vinced that he loved being at home and row the President will sign into law many with underlying health condi-
loved working with his kids, studying the American Rescue Plan Act of 2021, tions, were already experiencing home-
with them, and helping them with which includes $10 billion to respond to lessness. One out of four renters was
their homework. COVID–19 internationally. While this is paying more than half of their income
When someone serves you that well, a tiny fraction of the $1.9 trillion in the in rent, leaving too many making im-
that faithfully, and that consistently Rescue Plan, it is critically necessary. possible choices between essential ex-
over that many years, it has an effect As long as the virus continues to penses or even at risk of eviction.
and a very positive one. To this day, I spread and mutate into more trans- COVID–19 has both revealed and exac-
still, from time to time, hear his words missible and deadlier variants in other erbated these housing problems. One
echoing in my head reminding me to do countries, it will remain a threat to out of five renters reports being behind
things as best as I possibly can do Americans. on rent, and renters were an estimated
them; reminding me, as a lawyer, when Within that amount, $580 million is $57 billion dollars behind on rent as of
you are in court, when you have won included to support the U.N. Global January.
your case and you know you have won Humanitarian Response Plan for I am pleased that the Senate-ap-
it, he said sit down and don’t say an- COVID–19 through U.S. voluntary con- proved bill includes new resources to
other word; reminding me that when tributions to international organiza- assist people experiencing or at risk of
you have got a choice between a ten- tions, including the World Health Orga- homelessness through emergency hous-
cent word and a three-dollar word, nization, the World Food Programme, ing vouchers and homelessness assist-
choose the ten-cent word every time if UNICEF, the U.N. High Commissioner ance and supportive services adminis-
it will do the job; reminding me to be for Refugees, and other international tered by the Department of Housing
kind to others and that you will never organizations. and Urban Development, as well as
regret doing so. He reminded me to UNICEF offers critical operations emergency assistance for rural housing
give others the benefit of the doubt. and technical assistance to ministries for residents of properties financed by
Those are things that stick with all of of health and education around the the U.S. Department of Agriculture’s
us. world as countries continue to adapt Rural Housing Service.
So I know I speak certainly for my- In addition, the American Rescue
their health and education activities to
self and for my siblings—Diana, Tom, Plan provides $21.6 billion in emer-
meet COVID–19 protocols. UNICEF also
Wendy, Stephanie, Melissa, Christie, gency rental assistance through
focuses on strengthening risk commu- States, localities, and territories, in-
and my mom Janet—that we miss him. nication and community engagement
The State of Utah and the Western cluding $2.5 billion reserved for high-
to ensure that women, children, and need grantees.
United States and the United States of their families know how to prevent
America is a better place because of This funding supplements the $25 bil-
COVID–19; providing supplies to com- lion in emergency rental assistance
the fact that he was here. I will never munities and educational and health
forget, on the morning of March 11, funding provided by Congress in De-
facilities to support the prevention and cember, Section 501 of the Consolidated
1996—again, exactly 25 years ago treatment of COVID–19, including
today—I saw the Sun rising over the Appropriations Act, 2021, Public Law
WASH supplies and personal protective 116–260, Section 501, but includes addi-
Wasatch Mountains to our east in
equipment; and ensuring that children tional flexibilities to ensure grantees
Provo, UT. It was at that moment
and women have continued access to can better stabilize renters. The Biden
when I realized that it would likely be
basic healthcare, education, child pro- administration should again extend the
the last time the Sun would rise with
tection, and gender-based violence Federal eviction moratorium that ex-
my father on the Earth. The Sun has
services, including ensuring access to pires on March 31, 2021, so that grant-
risen and set on that same mountain
immunizations, prenatal and postnatal ees have time to distribute assistance
range many, many thousands of times
care, and HIV care in an environment to renters in need to prevent evictions
since then, but we remain better off for
safe from infection by the virus. and displacement.
the fact that he was here.
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If he were here, I would tell him: I It is obvious that UNICEF has a crit- With the emergency rental assistance
miss you, Dad. I love you, and I thank ical role to play in the international provided in this bill, renters will be
you. COVID–19 response. The same can be able to receive up to 18 months of fi-
I yield the floor. said of the World Food Programme, nancial assistance, including future
I suggest the absence of a quorum. UNHCR, and WHO. I am pleased that rent and utility payments, including
The PRESIDING OFFICER. The Congress was able to provide additional pad rents in manufactured housing
clerk will call the roll. funding for these and other inter- communities, and unpaid rent or util-
The legislative clerk proceeded to national organizations to support their ity bills that have accumulated. Rent-
call the roll. lifesaving work. ers can also receive assistance for
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March 11, 2021 CONGRESSIONAL RECORD — SENATE S1497
other housing-related expenses nec- businesses, availability of government There is no question that home-
essary to promote housing stability, services and supports, and throughout owners are struggling as a result of
such as but not limited to security de- our economy. It has changed where and this pandemic. In January, more than
posits; relocation and rental fees for how many people work. It has made it 3.3 million homeowners were more than
displaced households; late fees related more difficult not just to keep a job 30 days behind on their payments or in
to a former or current rental unit; and but also to find a new job, to get foreclosure. More than 2 million house-
internet service provided to the rental enough hours, and to find childcare or holds are more than 3 months behind,
unit. Section 3201 does not preclude someone to care for a sick loved one. putting them at risk of foreclosure.
grantees from continuing payment All of these challenges brought on by Many of these households are in for-
processes provided in section 501. These the pandemic have made it more dif- bearance, but others are not. And the
processes are the provisions that gov- ficult for families to make ends meet. number of homeowners behind on
ern payments of rent and utility assist- These effects are likely to exist for mortgage payments doesn’t account for
ance either to property owners and months and years to come. Given these other costs, such as utility and insur-
utilities or directly to tenants and the factors, Treasury and grantees should ance bills, that are building up not just
application for assistance by landlords broadly read the requirement regarding for homeowners with a mortgage but
and owners under subsection (f). Addi- the connection between a renter’s also for the more than one-third of
tionally, funds can be used to provide hardship and the coronavirus pandemic homeowners who own their home out-
housing stability services, such as but when determining the eligibility of the right.
not limited to case management; ten- renter. As the language states, the Black, Latino, and Asian households
ant-landlord mediation; legal services hardship must have occurred ‘‘during are more likely to report that they
related to eviction and housing sta- or due, directly or indirectly, to the have fallen behind on their mortgages.
bility; housing counseling; fair housing coronavirus pandemic.’’ The economic As with so much else in this health and
counseling; and specialized services for effects of the pandemic will be felt long economic crisis, the burden is falling
people with disabilities, people with after the virus is contained. Certain in- the heaviest on the communities of
chronic health conditions, seniors, or dustries and communities have been color and low-income communities.
survivors of domestic violence or particularly hard-hit from the pan- We cannot repeat the mistakes of the
human trafficking. Similar to section demic and will likely take years to re- past. We cannot allow this pandemic to
cover. Treasury should issue guidance become a housing crisis that exacer-
501, section 3201 permits grantees to
that makes this point clear to ensure bates economic inequality and widens
use a certain percentage of their funds
renters are not cut off from needed as- the racial home ownership gap. This
on administrative costs to support eli-
sistance as they try to recover from time, we must give communities the
gible program activities, including the
economic downturns caused by the tools to help homeowners weather this
provision of financial assistance and
pandemic. crisis and remain in their homes.
housing stability services. After de- Many homeowners who are in for-
ducting the amount grantees may use Section 3201 also provides that after
October 1, 2022, certain grantees may bearance have loans backed by a Fed-
on program administration, grantees eral agency or Fannie Mae or Freddie
may also use up to 10 percent of their expend funds on ‘‘other affordable rent-
al housing and eviction prevention ac- Mac. Throughout this pandemic, these
funds on providing housing stability agencies have extended forbearance
services. As in section 501, funds are tivities’’ that benefit any very low-in-
come renter household. Such activities and post-forbearance options to help
provided to States to assist renters borrowers resume making regular pay-
throughout the State, including in can include but are not limited to af-
fordable housing development, preser- ments at some point or get an afford-
rural communities, as well as cities able loan modification. Many bor-
vation, or acquisition, and other forms
and counties that receive a direct allo- rowers in forbearance today will also
of rental assistance and eviction pre-
cation. be able to get back on track with these
Given how badly these resources are vention activities targeted to very low-
income renters. existing options. But these options
needed, the Department of Treasury won’t help all homeowners. Many
To ensure continuity in monitoring
and grantees must do all they can to homeowners do not have the benefit of
funds provided by section 3201 and sec-
implement this rental assistance pro- the loan workout options that come
tion 501 and ease of grantee implemen-
gram quickly and successfully and not with a federally backed or Fannie Mae-
tation, Treasury should maintain the
create any artificial barriers to assist- or Freddie Mac-backed loan, have accu-
same reporting requirements that were
ance. With some benefits provided by mulated other utility or housing costs,
included in section 501.
the CARES Act, documentation re- The committee encourages the ad- or have a manufactured home loan that
quirements to prove eligibility have ministration to create and maintain a is not a mortgage. And still other
erected artificial barriers that have cut central public repository of informa- homeowners have a federally backed
people off from the benefits Congress tion on State and local rental assist- loan but, given the severe disruption to
intended them to receive. Indeed, di- ance programs, which at a minimum our economy, just need more help than
verse stakeholders, including tenant identifies the program’s administering is available through their mortgage
advocates, landlords, and State and agency and contact information, so program. These homeowners will need
local government agencies, have raised that renters and landlords can more direct assistance, and they will need it
concerns that such requirements that easily identify available assistance. quickly.
have been applied in existing emer- Finally, to the extent there is any That is exactly what the Homeowner
gency rental assistance programs have confusion with regard to the taxability Assistance Fund will do. The American
prevented renters from completing ap- of assistance, Treasury, in consultation Rescue Plan Act’s Homeowner Assist-
plications and are overly burdensome with the Internal Revenue Service, ance Fund creates a nearly $10 billion
for program staff. It is critical that should provide guidance to clarify this fund at the Department of the Treas-
any renters who are struggling to pay for grantees and program participants. ury to provide resources to States,
their rent during the pandemic are not The American Rescue Plan also pro- Tribal governments, and Tribally des-
barred from accessing this assistance vides vital home ownership assistance ignated housing entities to help home-
due to cumbersome documentation re- to families across the country. This owners staying in their homes. Treas-
quirements or other barriers. An appli- much-needed assistance would not have ury will allocate funds among the
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cant’s simple attestation should be the been possible without the dedication States and other eligible recipients,
only documentation required to meet and diligence of our colleague, Senator taking into account the number of in-
program eligibility requirements. Ad- JACK REED, who is the author of the dividuals in a State who have been un-
ditionally, grantees may continue the Homeowner Assistance Fund we have employed in recent months, as well as
income assessment procedures pursu- enacted. For nearly a year, he has been the number of homeowners who have
ant to section 501 to determine eligi- leading the charge to keep families in fallen at least a month behind on their
bility. their homes and avoid another fore- mortgage, regardless of whether they
The COVID–19 pandemic has had closure crisis, and I am grateful to him are in forbearance, or who are in fore-
broad impacts on individuals, families, for his leadership on this issue. closure. States and eligible recipients
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S1498 CONGRESSIONAL RECORD — SENATE March 11, 2021
will use the funds Congress has pro- come range, the types of assistance clerked for the Second Circuit Court of
vided in this bill for direct relief to eli- provided, the average amount of assist- Appeals and then for the Supreme
gible homeowners and to set up, staff, ance per household, and household out- Court. He then rose through the ranks
and administer the programs providing comes. These data should also be as- of a prominent law firm before jumping
that relief. sessed by race, ethnicity, gender, and back into public service feet-first as a
As Congress has established in the other factors to determine compliance Federal prosecutor in the U.S. Attor-
bill, direct relief through the Home- with all laws, including the Fair Hous- ney’s Office during the administration
owner Assistance Fund can include ing Act. While Fair Housing Act en- of President George Herbert Walker
help with missed mortgage payments, forcement remains the jurisdiction of Bush and then later served as the Prin-
financial help to make a mortgage the Department of Housing and Urban cipal Associate Deputy Attorney Gen-
modification viable, assistance with Development and the Department of eral at the Department of Justice.
broadband and utility costs; and other Justice, this program and all housing As a senior DOJ official, Judge Gar-
relief that homeowners need to get programs must be developed and ad- land was tasked with overseeing the
back on track financially. At least 60 ministered to comply with this case of the Oklahoma City bombing,
percent of a State or other eligible en- foundational civil rights law. one of the deadliest domestic terrorist
tity’s funds must go to households at States and other eligible recipients attacks in American history. It left 168
or below 100 percent of area median in- will also be vital partners in getting re- Americans dead and hundreds more in-
come or households below 100 percent lief out quickly. Too many home- jured. Merrick Garland brought a
of the national median income, which- owners have been struggling for nearly steady hand to an operation that in-
ever is higher, to ensure that help a year. We need to get them relief now. volved massive amounts of evidence,
reaches those homeowners who need it Following the 2008 economic crisis, pressure from the public, and a large
most. Including homeowners with in- State housing finance agencies in se- team with diverse skills and back-
comes of up to 100 percent of the na- lect States were great partners in pro- grounds. With fidelity to the law and
tional median income when that is viding direct relief to homeowners meticulous attention to detail and un-
higher than the area median income through the Hardest Hit Fund. In my relenting focus, Merrick Garland
will ensure that funds adequately reach home State of Ohio, the Ohio Housing helped bring the bomber, Timothy
homeowners in Tribal areas and rural Finance Agency helped tens of thou- McVeigh, to justice. He has called this
areas, where localized incomes may be sands of people with mortgage payment case the most important thing he has
lower. Remaining assistance funds are assistance, modifications with assist- done in his life.
targeted to socially disadvantaged in- ance, and more. We need all States to Mr. Chairman, ranking member, and
dividuals, including homeowners of be prepared to get these funds out committee members, we are going to
color, who too often are left behind in quickly and without unnecessary bar- need his experience as we once again
our economy and who data indicate are riers. Treasury can help facilitate this confront the rise of domestic ter-
at disproportionate risk of foreclosure. with clear guidance and templates that rorism, particularly in the wake of the
While Congress has authorized the allow States to put out funds without horrific events of January 6. And the
program, the intent is for Treasury to delay. next Attorney General must not only
play a vital role in making this pro- I will continue to fight for the assist- take on the rise of White supremacists
gram a reality by administering the ance people experiencing homelessness, and radical militia groups, but also en-
Homeowner Assistance Fund prudently renters, and homeowners need to stay sure that justice is rendered equally
and flexibly to keep the greatest num- in their homes. I also look forward to and fairly by promoting and ensuring
ber of families in their homes. In the working to successfully deploy the his- racial equity, rooting out discrimina-
days ahead, Treasury must provide toric resources provided in this bill. tion in our criminal justice system, ad-
States and other eligible entities with f dressing police reform, and ensuring
the certainty they need to accept and that we don’t see a concerted effort to
distribute these funds efficiently. CONFIRMATION OF MERRICK limit people’s citizens’ right to vote in
Treasury must set clear expectations BRIAN GARLAND the United States of America. As Jus-
for the types of eligible programs Mr. VAN HOLLEN. Madam Presi- tice Garland has himself stated, ensur-
States can administer and the guide- dent, I rise today to voice my support ing the rule of law and making real the
lines States must follow to administer for the President’s nominee for Attor- promise of equal justice under the law
these programs equitably and in ac- ney General, Judge Merrick Garland, are ‘‘the great principles upon which
cordance with the law. That includes who is not only a fellow Marylander, the Department of Justice was founded
ensuring States and other eligible enti- but somebody I have known personally and for which it must always stand.’’
ties understand up front that they can for many years. And I know that Presi- Judge Garland has spent his career
use a portion of the funds provided dent Biden has picked a nominee with doing both, and I have no doubt he will
through the Homeowner Assistance impeccable credentials and unimpeach- honor that tradition as Attorney Gen-
Fund to establish and administer their able character. His experience eral.
programs, so that States can imme- stretches from the halls of the Justice During Judge Garland’s confirmation
diately get the systems and staffing in Department to the chambers of the hearing his commitment to public
place to put funds into the hands of the U.S. Court of Appeals for the District service and ensuring equal justice were
people who need them. And if there is of Columbia Circuit, and he embodies on display. He shared that he felt an
any uncertainty among States or indi- the decency, the impartiality, and the obligation to payback our country for
viduals who might apply for assistance, commitment to justice that our Nation protecting and welcoming his grand-
Treasury should immediately clarify deserves as the Attorney General of the parents who fled to the United States
that any assistance received through United States. I am confident that to escape anti-Semitism and persecu-
the Homeowner Assistance Fund is not Judge Garland will serve admirably tion. He stated that serving as an At-
income for a homeowner. and faithfully as the next Attorney torney General that combats injustice
Treasury must also establish report- General. and discrimination would be ‘‘the high-
ing to ensure that funds are reaching The Nation already knows Merrick est, best use of my own set of skills.’’
the households who need them most. Garland because of his Supreme Court While his professional experiences
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Both to comply with the law and to en- nomination and as the former Judge of have prepared him for this job, it is his
sure funds are being used equitably, the U.S. Court of Appeals for the Dis- character that makes him right for
Treasury must establish periodic pub- trict of Columbia Circuit, where he this moment. Should he be confirmed,
lic reporting by State of key metrics, earned a reputation as one of our Na- Judge Garland will be charged with re-
including the amount of funds dis- tion’s finest and fairest jurists. But his storing credibility and independence to
bursed, the acceptance rate of appli- tenure on the D.C. Circuit was just the the Department of Justice, making it
cants, reasons applicants are denied, most recent achievement in a life dedi- clear that the Department is not the
the number of individuals assisted, the cated to serving the rule of law. After political instrument of the White
number of households assisted by in- excelling at law school, Judge Garland House. I know Merrick Garland is up to
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