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Congressional Record, Senate, August 10, 2021 — CDC Eviction Moratorium Order

Summary

Page S6262 of the Senate section of the Congressional Record for August 10, 2021, in interleaved columns, including a CDC Order on the eviction moratorium. The Order is effective August 3, 2021 through October 3, 2021, applies in communities with substantial or high transmission of COVID-19, and cites section 361 of the Public Health Service Act and 42 CFR 70.2. Elsewhere on the page a resolution, S. Res. 353, is agreed to, S. Res. 354 celebrates 100 years of military aviation in Indiana, and a speaker criticizes a new spending package as massive new entitlements and tax increases. A further speaker urges House passage of the RENACER Act and describes the detention of Sacasa at El Chipote under Daniel Ortega.

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“Congressional Record, Senate, August 10, 2021 — CDC Eviction Moratorium Order.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-10-crec-2021-08-10-pt1-pgs6262-3-b61d0e5773/, SHA-256 8b0b0c9b5cbf9638a1734b3f735bdca7d96861eafc0cd10af9d275100b141b2a.

Full text

                                             S6262                                             CONGRESSIONAL RECORD — SENATE                                                       August 10, 2021
                                               The resolution (S. Res. 353) was                      along on an infrastructure package.                    communities with substantial or high trans-
                                             agreed to.                                              That plan fell apart when a bipartisan                 mission of COVID–19 to prevent the further
                                               The preamble was agreed to.                           group was able to agree on a separate                  spread of COVID–19.
                                                                                                                                                              DATES: This Order is effective August 3,
                                               (The resolution, with its preamble, is                bill with just real infrastructure.                    2021 through October 3, 2021.
                                             printed in today’s RECORD under ‘‘Sub-                    This new spending spree, far from                      FOR FURTHER INFORMATION CON-
                                             mitted Resolutions.’’)                                  being an infrastructure bill like the bi-              TACT: Tiffany Brown, Deputy Chief of Staff,
                                                              f                                      partisan bill, has nothing to do with                  Centers for Disease Control and Prevention,
                                                                                                     building roads or bridges. Instead, it                 1600 Clifton Road NE, MS H21–10, Atlanta,
                                             CELEBRATING THE 100TH ANNI-                                                                                    GA     30329.  Phone:    404–639–7000.  Email:
                                                                                                     would create massive new entitlements
                                               VERSARY OF MILITARY AVIA-                                                                                    cdcregulations@cdc.gov.
                                                                                                     and impose massive new tax increases.
                                               TION IN INDIANA                                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                       This mishmash of massive new spend-
                                               Mr. MURPHY. Mr. President, I ask                                                                             Background
                                                                                                     ing and job-killing tax hikes would act
                                             unanimous consent that the Senate                       as a double whammy on middle-income                      On September 4, 2020, the CDC Director
                                             proceed to consideration of S. Res. 354,                                                                       issued an Order temporarily halting evic-
                                                                                                     Americans, small business owners, and                  tions in the United States for the reasons de-
                                             submitted earlier today.                                farmers.                                               scribed therein. That Order was set to expire
                                               The PRESIDING OFFICER. Without                          Trillions of dollars in new spending is              on December 31, 2020, subject to further ex-
                                             objection, it is so ordered.                            likely to set inflation ablaze. Inflation              tension, modification, or rescission. Section
                                               The clerk will report the resolution                  is a stealth tax that steals the value of              502 of Title V, Division N of the Consolidated
                                             by title.                                               the dollars Americans already earned.                  Appropriations Act, 2021 extended the Order
                                               The senior assistant legislative clerk                Hard-working Americans are already                     until January 31, 2021, and approved the
                                             read as follows:                                        paying the price of excessive spending                 Order as an exercise of the CDC’s authority
                                                                                                                                                            under Section 361 of the Public Health Serv-
                                               A resolution (S. Res. 354) celebrating the            in the form of inflation with prices ris-              ice Act (42 U.S.C. 264). With the extension of
                                             100th Anniversary of military aviation in In-           ing throughout the economy.                            the Order, Congress also provided $25 billion
                                             diana.                                                    As a result, while wages increased at                for emergency rental assistance for the pay-
                                               There being no objection, the Senate                  a pace of 3.6 percent last month, Amer-                ment of rent and rental arrears. Congress
                                             proceeded to consider the resolution.                   icans found themselves struggling to                   later provided an additional $21.55 billion in
                                               Mr. MURPHY. Mr. President, I ask                      keep their heads above water with                      emergency rental assistance when it passed
                                             unanimous consent that the resolution                   prices soaring 5.4 percent.                            the American Rescue Plan. The Order was
                                             be agreed to, the preamble be agreed                      Now, Democrats want to add tax                       extended multiple times due to the changing
                                                                                                                                                            public health landscape and expired on July
                                             to, and that the motions to reconsider                  hikes on top of this, which will slow                  31, 2021 after what was intended to be the
                                             be considered made and laid upon the                    economic growth, reduce business in-                   final extension. Absent an unexpected
                                             table with no intervening action or de-                 vestment, and result in lower wages                    change in the trajectory of the pandemic,
                                             bate.                                                   and fewer jobs over the long-run.                      CDC did not plan to extend the Order fur-
                                               The PRESIDING OFFICER. Without                          What is more, the tax hikes that are                 ther.
                                             objection, it is so ordered.                            being discussed take direct aim at fam-                  Following the recent surge in cases
                                               The resolution (S. Res. 354) was                      ily run business and farms.                            brought forth by the highly transmissible
                                             agreed to.                                                                                                     Delta variant, the CDC Director now issues a
                                                                                                       This includes raising their income
                                                                                                                                                            new Order temporarily halting evictions for
                                               The preamble was agreed to.                           taxes, their capital gains taxes, and                  persons in counties or U.S. territories experi-
                                               (The resolution, with its preamble, is                imposing a confiscatory new death tax                  encing substantial or high rates of trans-
                                             printed in today’s RECORD under ‘‘Sub-                  when operations are passed to the next                 mission, for the reasons described herein. It
                                             mitted Resolutions.’’)                                  generation.                                            is more limited in scope than prior orders,
                                                              f                                        Higher taxes, excessive spending, and                intended to target specific areas of the coun-
                                                                                                     escalating debt are not a prescription                 try where cases are rapidly increasing, which
                                                        MORNING BUSINESS                                                                                    likely would be exacerbated by mass evic-
                                                                                                     for prosperity. They are instead are a
                                                                                                                                                            tions.
                                                                   ---                               recipe for fiscal disaster.                              Accordingly, subject to the limitations
                                                   BUDGET RECONCILIATION                               I urge my Democrat colleagues to tap                 listed in the new Order, a landlord, owner of
                                                                                                     the brakes before it is too late.                      a residential property, or person with a legal
                                               Mr. GRASSLEY. Mr. President, yes-
                                                                                                       Please think about the future and                    right to pursue eviction or possessory action,
                                             terday, the Democrats unveiled their
                                                                                                     abandon your reckless tax and spend                    shall not evict any covered person from any
                                             reckless tax and spend budget plan.                                                                            residential property in any county or U.S.
                                                                                                     agenda.
                                               With our country experiencing the                                                                            territory while the county or territory is ex-
                                             highest inflation it has seen in decades                                  f
                                                                                                                                                            periencing substantial or high levels of com-
                                             and our national debt approaching an                           EVICTION MORATORIUM                             munity transmission levels of SARS–CoV–2.
                                             alltime high, common sense would dic-                                                                          This Order will expire on October 3, 2021, but
                                                                                                       Mr. TOOMEY. Mr. President, I ask                     is subject to further extension, modification,
                                             tate that we ought to use the budget
                                                                                                     unanimous consent that the following                   or rescission based on public health cir-
                                             process to get our fiscal house in order.
                                                                                                     notice from the Centers for Disease                    cumstances.
                                               Instead, my Democrat colleagues are                                                                            A copy of the Order is provided below. A
                                                                                                     Control and Prevention related to an
                                             intent on using the budget to embark                                                                           copy of the signed Order and Declaration
                                                                                                     eviction moratorium be printed in the
                                             on a liberal wish list spending spree.                                                                         form can be found at https://www.cdc.gov/
                                                                                                     RECORD.
                                               My Democrat colleagues’ budget                                                                               coronavirus/2019-ncov/covid-eviction-declara-
                                                                                                       There being no objection, the mate-
                                             calls for over $4 trillion in new spend-                                                                       tion.html.
                                                                                                     rial was ordered to be printed in the
                                             ing over the next decade and annual                                                                            Centers for Disease Control and Prevention,
                                                                                                     RECORD, as follows:                                        Department of Health and Human Serv-
                                             deficits would average $1.6 trillion over
                                                                                                     DEPARTMENT OF HEALTH AND HUMAN                             ices
                                             that period. As a result, the national
                                                                                                         SERVICES                                           Order Under Section 361 of the Public Health
                                             debt would reach 119 percent of our                     Centers for Disease Control and Prevention                 Service Act (42 U.S.C. 264) and 42 Code of
                                             economy, shattering the World War II                    Temporary Halt in Residential Evictions in                 Federal Regulations 70.2
                                             record of 106 percent.                                      Communities With Substantial or High               Temporary Halt in Residential Evictions in
                                               Much of this new spending, bal-                           Transmission of COVID–19 To Prevent                    Communities With Substantial or High
                                             looning the debt and deficits, is the                       the Further Spread of COVID–19                         Levels of Community Transmission of
                                             product of a single bill Democrats hope                   AGENCY: Centers for Disease Control and                  COVID–19 To Prevent the Further Spread
                                             to pass before the end of the year under                Prevention (CDC), Department of Health and                 of COVID–19
                                                                                                     Human Services (HHS).                                  Summary
                                             the guise of so-called ‘‘human infra-




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                                             structure.’’                                              ACTION: Agency Order.                                  The U.S. Centers for Disease and Control
                                                                                                       SUMMARY: The Centers for Disease Con-                (CDC) is issuing a new order temporarily
                                               Infrastructure is popular and needed.
                                                                                                     trol and Prevention (CDC), located within              halting evictions in counties with height-
                                             It helps keep our economy competitive                   the Department of Health and Human Serv-               ened levels of community transmission in
                                             over the long run. That is why Demo-                    ices (HHS) announces a new Order under Sec-            order to respond to recent, unexpected devel-
                                             crat leaders initially wanted their                     tion 361 of the Public Health Service Act to           opments in the trajectory of the COVID–19
                                             multitrillion dollar wish list to ride                  temporarily halt residential evictions in              pandemic, including the rise of the Delta




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                                             August 10, 2021                                   CONGRESSIONAL RECORD — SENATE                                                                     S6263
                                             variant. It is intended to target specific                 ‘‘U.S. territory’’ shall have the same defi-        CoV–2 diagnostic nucleic acid amplification
                                             areas of the country where cases are rapidly            nition as under 42 CFR 70.1, meaning ‘‘any             tests in the last 7 days. For each of these
                                             increasing, which likely would be exacer-               territory (also known as possessions) of the           metrics, CDC classifies transmission values
                                             bated by mass evictions. Accordingly, sub-              United States, including American Samoa,               as low, moderate, substantial, or high. As of
                                             ject to the limitations under ‘‘Applica-                Guam, the Northern Mariana Islands, the                August 1, 2021, over 80% of the U.S. counties
                                             bility,’’ a landlord, owner of a residential            Commonwealth of Puerto Rico, and the U.S.              were classified as experiencing substantial or
                                             property, or other person with a legal right            Virgin Islands.’’                                      high levels of community transmission. In
                                             to pursue eviction or possessory action, shall          Statement of Intent                                    areas of substantial or high transmission,
                                             not evict any covered person from any resi-                                                                    CDC recommends community leaders en-
                                                                                                        This Order shall be interpreted and imple-          courage vaccination and universal masking
                                             dential property in any county or U.S. terri-           mented in a manner as to achieve the fol-
                                             tory while the county or territory is experi-                                                                  in indoor public spaces in addition to other
                                                                                                     lowing objectives:                                     layered prevention strategies to prevent fur-
                                             encing substantial or high levels of commu-                ∑ Mitigating the spread of COVID–19 with-
                                             nity transmission of SARS–CoV–2.                                                                               ther spread.
                                                                                                     in crowded, congregate or shared living set-              COVID–19 vaccines are now widely avail-
                                             Definitions                                             tings, or through unsheltered homelessness;            able in the United States, and vaccination is
                                                ‘‘Available government assistance’’ means               ∑ Mitigating the further spread of COVID–           recommended for all people 12 years of age
                                             any governmental rental or housing pay-                 19 from one state or territory into any other          and older. Three COVID–19 vaccines are cur-
                                             ment benefits available to the individual or            state or territory;                                    rently authorized by the U.S. Food and Drug
                                             any household member.                                      ∑ Mitigating the further spread of COVID–           Administration (FDA) for emergency use:
                                                ‘‘Available housing’’ means any available,           19 by temporarily suspending the eviction of           Two mRNA vaccines and one viral vector
                                             unoccupied residential property, or other               covered persons from residential property for          vaccine, each of which has been determined
                                             space for occupancy in any seasonal or tem-             nonpayment of rent; and                                to be safe and effective against COVID–19. As
                                             porary housing, that would not violate fed-                ∑ Supporting response efforts to COVID–19           of July 28, 2021, over 163 million people in the
                                             eral, state, or local occupancy standards and           at the federal, state, local, territorial, and         United States (57.6% of the population 12
                                             that would not result in an overall increase            tribal levels.                                         years or older) have been fully vaccinated
                                             of housing cost to such individual.                     Background                                             and over 189 million people in the United
                                                ‘‘Covered person’’ means any tenant, les-            COVID–19 in the United States                          States (66.8% of the population 12 years or
                                             see, or resident of a residential property who             Since January 2020, the respiratory disease         older) have received at least one dose.
                                             provides to their landlord, the owner of the            known as ‘‘COVID–19,’’ caused by a novel               Changes in vaccine uptake and the extreme
                                             residential property, or other person with a            coronavirus (SARS–COV–2), has spread glob-             transmissibility of the Delta variant have re-
                                             legal right to pursue eviction or a possessory          ally, including cases reported in all fifty            sulted in rising numbers of COVID–19 cases,
                                             action, a declaration under penalty of per-             states within the United States, plus the              primarily and disproportionately affecting
                                             jury indicating that:                                   District of Columbia and U.S. territories. As          the unvaccinated population.
                                                (1) The individual has used best efforts to                                                                    The COVID–19 vaccination effort has a
                                                                                                     of August 3, 2021, there have been almost 200
                                             obtain all available governmental assistance                                                                   slower rate of penetration among the popu-
                                                                                                     million cases of COVID–19 globally, resulting
                                             for rent or housing;                                                                                           lations most likely to experience eviction. In
                                                                                                     in over 4,240,000 deaths. Almost 35,000,000
                                                (2) The individual either (i) earned no more                                                                combination with the continued underlying
                                                                                                     cases have been identified in the United
                                             than $99,000 (or $198,000 if filing jointly) in                                                                COVID–19 spread, and the overlapping fac-
                                                                                                     States, with new cases reported daily, and
                                             Calendar Year 2020 or expects to earn no                                                                       tors described above, this creates consider-
                                                                                                     almost 610,000 deaths have been attributed to
                                             more than $99,000 in annual income for Cal-                                                                    able risk for rapid transmission of COVID–19
                                                                                                     the disease. A renewed surge in cases in the
                                             endar Year 2021 (or no more than $198,000 if                                                                   in high-risk settings.
                                                                                                     United States began in early July 2021; case
                                             filing a joint tax return), (ii) was not re-                                                                      In the context of a pandemic, eviction mor-
                                                                                                     counts rose from 19,000 cases on July 1, 2021
                                             quired to report any income in 2020 to the                                                                     atoria—like quarantine, isolation, and social
                                                                                                     to 103,000 cases on July 30, 2021. Forecasted
                                             U.S. Internal Revenue Service, or (iii) re-                                                                    distancing—can be an effective public health
                                                                                                     case counts predict that cases will continue
                                             ceived an Economic Impact Payment (stim-                                                                       measure utilized to prevent the spread of
                                                                                                     to rise over the next four weeks.
                                             ulus check).                                                                                                   communicable disease. Eviction moratoria
                                                (3) The individual is unable to pay the full            The virus that causes COVID–19 spreads
                                                                                                     very easily and sustainably between people,            facilitate self-isolation and self-quarantine
                                             rent or make a full housing payment due to                                                                     by people who become ill or who are at risk
                                             substantial loss of household income, loss of           particularly those who are in close contact
                                                                                                     with one another (within about 6 feet, but             of transmitting COVID–19.
                                             compensable hours of work or wages, a lay-                                                                        Congress passed the Coronavirus Aid, Re-
                                             off, or extraordinary out-of-pocket medical             occasionally over longer distances), mainly
                                                                                                                                                            lief, and Economic Security (CARES) Act
                                             expenses;                                               through respiratory droplets produced when
                                                                                                                                                            (Pub. L. 116–136) to aid individuals and busi-
                                                (4) The individual is using best efforts to          an infected person coughs, sneezes, or talks.
                                                                                                                                                            nesses adversely affected by COVID–19 in
                                             make timely partial rent payments that are              Individuals without symptoms can also
                                                                                                                                                            March 2020. Section 4024 of the CARES Act
                                             as close to the full rent payment as the indi-          spread the virus. Among adults, the risk for
                                                                                                                                                            provided a 120-day moratorium on eviction
                                             vidual’s circumstances may permit, taking               severe illness from COVID–19 increases with
                                                                                                                                                            filings as well as other protections for ten-
                                             into account other nondiscretionary ex-                 age, with older adults at highest risk. Severe         ants in certain rental properties with federal
                                             penses;                                                 illness means that persons with COVID–19               assistance or federally related mortgage fi-
                                                (5) Eviction would likely render the indi-           may require hospitalization, intensive care,           nancing. These protections helped alleviate
                                             vidual homeless—or force the individual to              or a ventilator to help them breathe, and              the public health consequences of tenant dis-
                                             move into and reside in close quarters in a             may be fatal. People of any age with certain           placement during the COVID–19 pandemic.
                                             new congregate or shared living setting—be-             underlying medical conditions (e.g., cancer,           The CARES Act eviction moratorium ex-
                                             cause the individual has no other available             obesity, serious heart conditions, or diabe-           pired on July 24, 2020. The protections in the
                                             housing options; and                                    tes) are at increased risk for severe illness          CARES Act supplemented temporary evic-
                                                (6) The individual resides in a U.S. county          from COVID–19.                                         tion moratoria and rent freezes implemented
                                             experiencing substantial or high rates of                  New variants of SARS–CoV–2 have emerged             by governors and other local officials using
                                             community transmission levels of SARS–                  globally, several of which have been identi-           emergency powers.
                                             CoV–2 as defined by CDC.                                fied as variants of concern, including the                Researchers estimated that this temporary
                                                ‘‘Evict’’ and ‘‘Eviction’’ means any action          Alpha, Beta, Gamma, and Delta variants.                federal moratorium provided relief to over
                                             by a landlord, owner of a residential prop-             These variants of concern have evidence of             one-quarter a material portion of the na-
                                             erty, or other person with a legal right to             an increase in transmissibility, which may             tion’s roughly 43 million renters. The
                                             pursue eviction or possessory action, to re-            lead to higher incidence.                              CARES act also provided funding streams for
                                             move or cause the removal of a covered per-                Currently, the Delta variant is the pre-            emergency rental assistance; surveys esti-
                                             son from a residential property. This defini-           dominant SARS–CoV–2 strain circulating in              mate that this assistance became available
                                             tion also does not prohibit foreclosure on a            the United States, estimated to account for            to the public through rental assistance pro-
                                             home mortgage.                                          over 82% of cases as of July 17, 2021. The             grams by July 2020.
                                                ‘‘Residential property’’ means any prop-             Delta variant has demonstrated increased                  The Federal moratorium provided by the
                                             erty leased for residential purposes, includ-           levels of transmissibility compared to other           CARES Act, however, did not reach all rent-
                                             ing any house, building, mobile home or land            variants. Furthermore, early evidence sug-             ers. Many renters who fell outside the scope
                                             in a mobile home park, or similar dwelling              gests that people who are vaccinated and be-           of the Federal moratorium were instead pro-
                                             leased for residential purposes, but shall not          come infected with the Delta variant may               tected under state and local moratoria. In
                                             include any hotel, motel, or other guest                transmit the virus to others.                          early March 2021, the Census Household




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                                             house rented to a temporary guest or sea-                  Transmission of the Delta variant has led           Pulse Survey estimated that 6.4 million
                                             sonal tenant as defined under the laws of the           to accelerated community transmission in               households were behind on rent and just
                                             state, territorial, tribal, or local jurisdic-          the United States. CDC recommends assess-              under half fear imminent eviction. In 2016,
                                             tion.                                                   ing the level of community transmission                research showed that there were 3.6 million
                                                ‘‘State’’ shall have the same definition as          using, at a minimum, two metrics: new                  eviction filings and 1.5 million eviction judg-
                                             under 42 CFR 70.1, meaning ‘‘any of the 50              COVID–19 cases per 100,000 persons in the last         ments over the span of a whole year, mean-
                                             states, plus the District of Columbia.’’                7 days and percentage of positive SARS–                ing that the pandemic would cause a wave of




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                                             S6264                                             CONGRESSIONAL RECORD — SENATE                                                        August 10, 2021
                                             evictions on a scale that would be unprece-             ance continued to increase in June, with               30% increased risk of contracting COVID–19
                                             dented in modern times. A large portion of              nearly 300,000 households served. Based on             among people who were evicted and those
                                             those who are evicted may move into close               analysis of grantee reporting, Treasury be-            with whom they shared housing after evic-
                                             quarters in shared housing or, as discussed             lieves that the monthly deployment of rental           tion. Compared to a scenario where no evic-
                                             below, become homeless, thus becoming at                assistance by state and local emergency                tions occurred, the models also predicted a
                                             higher risk of COVID–19.                                rental assistance programs will continue to            4%–40% increased risk of infection, even for
                                               On September 4, 2020, the CDC Director                increase from the significant deployment in            those who did not share housing, as a result
                                             issued an Order temporarily halting evic-               June. In addition to Emergency Rental As-              of increased overall transmission. The au-
                                             tions in the United States for the reasons de-          sistance, there are coordinated efforts across         thors estimated that anywhere from 1,000 to
                                             scribed therein. That Order was set to expire           Federal agencies to—in partnership with                100,000 excess cases per million population
                                             on December 31, 2020, subject to further ex-            states and localities—promote eviction pre-            could be attributable to evictions depending
                                             tension, modification, or rescission. Section           vention strategies.                                    on the eviction and infection rates.
                                             502 of Title V, Division N of the Consolidated            Recent data from the U.S. Census House-                An analysis of observational data from
                                             Appropriations Act, 2021 extended the Order             hold Pulse Survey demonstrates that just               state-based eviction moratoria in 43 states
                                             until January 31, 2021, and approved the                under half of households behind on rent be-            and the District of Columbia showed signifi-
                                             Order as an exercise of the CDC’s authority             lieve that an eviction is likely in the next           cant increases in COVID–19 incidence and
                                             under Section 361 of the Public Health Serv-            two months. A surge in evictions could lead            mortality approximately 2–3 months after
                                                                                                     to the immediate and significant movement              eviction moratoria were lifted. Specifically,
                                             ice Act (42 U.S.C. 264). With the extension of
                                                                                                     of large numbers of persons from lower den-            the authors compared the COVID–19 inci-
                                             the Order, Congress also provided $25 billion
                                                                                                     sity to higher density housing at a time in            dence and mortality rates in states that lift-
                                             for emergency rental assistance for the pay-
                                                                                                     the United States when the highly trans-               ed their moratoria with the rates in states
                                             ment of rent and rental arrears. Congress
                                                                                                     missible Delta variant is driving COVID–19             that maintained their moratoria. In these
                                             later provided an additional $21.55 billion in                                                                 models, the authors accounted for time-vary-
                                             emergency rental assistance when it passed              cases at an unprecedented rate.
                                                                                                       Evicted renters must move, which leads to            ing indicators of each state’s test count as
                                             the American Rescue Plan Act of 2021. The                                                                      well as major public-health interventions in-
                                             Order was extended multiple times due to                multiple outcomes that increase the risk of
                                                                                                     COVID–19 spread. Specifically, many evicted            cluding lifting stay-at-home orders, school
                                             the changing public health landscape and ex-                                                                   closures, and mask mandates. After adjust-
                                                                                                     renters move into close quarters in shared
                                             pired on July 31, 2021 after what was in-                                                                      ing for these other changes, they found that
                                                                                                     housing or other congregate settings. These
                                             tended to be the final extension. Absent an                                                                    the incidence of COVID–19 in states that lift-
                                                                                                     moves may require crossing state borders.
                                             unexpected change in the trajectory of the                                                                     ed their moratoria was 1.6 times that of
                                                                                                     According to the 2017 Census Bureau Amer-
                                             pandemic, CDC did not plan to extend the                                                                       states that did not at 10 weeks post-lifting
                                                                                                     ican Housing Survey, 32% of renters reported
                                             Order further.                                                                                                 (95% CI 1.0, 2.3), a ratio that grew to 2.1 at
                                                                                                     that they would move in with friends or fam-
                                               Following the recent surge in cases
                                                                                                     ily members upon eviction, which would in-             ≥16 weeks (CI 1.1, 3.9). Similarly, they found
                                             brought forth by the highly transmissible                                                                      that mortality in states that lifted their
                                                                                                     troduce new household members and poten-
                                             Delta variant, the CDC Director now issues a                                                                   moratoria was 1.6 times that of states that
                                                                                                     tially increase household crowding. Studies
                                             new Order temporarily halting evictions for                                                                    did not at 7 weeks post-lifting (CI 1.2, 2.3), a
                                                                                                     show that COVID–19 transmission occurs
                                             persons in counties experiencing substantial
                                                                                                     readily within households. The secondary at-           ratio that grew to 5.4 at ≥16 weeks (CI 3.1,
                                             or high rates of transmission, for the reasons                                                                 9.3). The authors estimated that, nationally,
                                                                                                     tack rate in households has been estimated
                                             described herein. This Order will expire on                                                                    over 433,000 cases of COVID–19 and over 10,000
                                                                                                     to be 17%, and household contacts are esti-
                                             October 3, 2021, but is subject to further ex-                                                                 deaths could be attributed to lifting state
                                                                                                     mated to be 6 times more likely to become
                                             tension, modification, or rescission based on                                                                  moratoria.
                                                                                                     infected by an index case of COVID–19 than               Although data are limited, available evi-
                                             public health circumstances.
                                               Researchers estimate that, in 2020, Fed-              other close contacts. A study of pregnant              dence suggests evictions lead to interstate
                                             eral, state, and local eviction moratoria led           women in New York City showed that women               spread of COVID–19 in two ways. First, an
                                             to over 1.5 million fewer evictions filings             in large households (greater number of resi-           eviction may lead the evicted members of a
                                             than the previous year. Additional research             dents per household) were three times as               household to move across state lines. Of the
                                             shows that, despite the CDC eviction mora-              likely to test positive for SARS–CoV–2 than            35 million people in America who move each
                                             torium leading to an estimated 50% decrease             those in smaller households, and those in              year, 15% move to a new state. Second, even
                                             in eviction filings compared to the historical          neighborhoods      with    greater    household        if a particular eviction, standing alone,
                                             average, there have still been over 450,000             crowding (>1 resident per room) were twice             would not always result in interstate dis-
                                             eviction filings during the pandemic just               as likely to test positive. Throughout the             placement, the mass evictions that would
                                             within approximately 31 cities and six states           United States, counties with the highest pro-          occur in the absence of this Order would in-
                                             with more readily available data. This data             portion of crowded households have experi-             evitably increase the interstate spread of
                                             covers approximately 1 in 4 renter house-               enced COVID–19 mortality rates 2.6 times               COVID–19. This Order cannot effectively
                                             holds in the country, suggesting high de-               those of counties with the lowest proportion           mitigate interstate transmission of COVID–
                                             mand and likelihood of mass evictions na-               of crowded households.                                 19 without covering intrastate evictions
                                                                                                       Shared housing is not limited to friends             (evictions occurring within the boundaries of
                                             tionwide.
                                                                                                     and family. It includes a broad range of set-          a state or territory), as the level of spread of
                                             Eviction, Crowding, and Interstate Trans-               tings, including transitional housing and do-          SARS–CoV–2 resulting from these evictions
                                                 mission of COVID–19                                 mestic violence and abuse shelters. Special            can lead to SARS–CoV–2 transmission across
                                               By February 10, 2021, the U.S. Department             considerations exist for such housing be-              state borders.
                                             of the Treasury had paid all of the $25 billion         cause of the challenges of maintaining social            Moreover, intrastate spread facilitates
                                             made available by the Consolidated Appro-               distance. Residents often gather closely or            interstate spread in the context of commu-
                                             priations Act, 2021 to states, territories, lo-         use shared equipment, such as kitchen appli-           nicable disease spread, given the nature of
                                             calities and tribes for the purpose of pro-             ances, laundry facilities, stairwells, and ele-        infectious disease. In the aggregate, the
                                             viding emergency rental assistance to eligi-            vators. Residents may have unique needs,               mass-scale evictions that will likely occur in
                                             ble households in their jurisdictions. Addi-            such as disabilities, chronic health condi-            the absence of this Order in areas of substan-
                                             tionally, as directed in the Act, Treasury has          tions, cognitive decline, or limited access to         tial or high transmission will inevitably in-
                                             also made available 40 percent—more than                technology, and thus may find it more dif-             crease interstate spread of COVID–19.
                                             $8.6 billion—of the additional funding to               ficult to take actions to protect themselves           Eviction,    Homelessness,     and    COVID–19
                                             states, territories and localities for emer-            from COVID–19. CDC recommends that shel-                    Transmission
                                             gency rental assistance provided in the                 ters provide new residents with a clean                  Evicted individuals without access to sup-
                                             American Rescue Plan Act of 2021. While                 mask, keep them isolated from others,                  port or other assistance options may become
                                             some emergency rental assistance programs               screen for symptoms at entry, or arrange for           homeless, including older adults or those
                                             were slow to open, every State program had              medical evaluations as needed depending on             with underlying medical conditions, who are
                                             opened by early June. Based on data col-                symptoms. Accordingly, an influx of new                more at risk for severe illness from COVID–
                                             lected from grantees, Treasury reports that             residents at facilities that offer support serv-       19 than the general population. In Seattle-
                                             over 85,000 renter households received rental           ices could potentially overwhelm staff and, if         King County, 5–15% of people experiencing
                                             and utility assistance to support their hous-           recommendations are not followed, lead to              homelessness between 2018 and 2020 cited
                                             ing stability by the end of March and this              exposures.                                             eviction as the primary reason for becoming
                                             number increased to more than 100,000 in                  Modeling studies and observational data              homeless. Additionally, some individuals and
                                             April, more than 156,000 in May and over                from the pre-vaccine phase of the COVID–19             families who are evicted may originally stay




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                                             290,000 in June. Though emergency rental as-            pandemic comparing incidence between                   with family or friends, but subsequently seek
                                             sistance has clearly started to reach increas-          states that implemented and lifted eviction            homeless services. Data collection by an
                                             ing numbers of families over recent months,             moratoria indicate that evictions substan-             emergency shelter in Columbus, Ohio,
                                             state and local agencies have hundreds of               tially contribute to COVID–19 transmission.            showed that 35.4% of families and 11.4% of
                                             thousands of applications for assistance that           In mathematical models where eviction led              single adults reported an eviction as the pri-
                                             currently remain outstanding as programs                exclusively to sharing housing with friends            mary or secondary reason for their seeking
                                             accelerate their activity. The level of assist-         or family, lifting eviction moratoria led to a         shelter.




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                                             August 10, 2021                                   CONGRESSIONAL RECORD — SENATE                                                                     S6265
                                               Extensive outbreaks of COVID–19 have                  vulnerability (i.e., social and structural fac-          This Order is a temporary eviction morato-
                                             been identified in homeless shelters. In Se-            tors associated with adverse health outcome            rium to prevent the further spread of
                                             attle, Washington, a network of three re-               inclusive of socioeconomic indicators related          COVID–19. This Order does not relieve any
                                             lated homeless shelters experienced an out-             to risk of eviction)had lower levels of                individual of any obligation to pay rent,
                                             break that led to 43 cases among residents              COVID–19 vaccination.                                  make a housing payment, or comply with
                                             and staff members. In Boston, Massachu-                 CDC Eviction Moratorium                                any other obligation that the individual may
                                             setts, universal COVID–19 testing at a single             The Department of the Treasury has made              have under a tenancy, lease, or similar con-
                                             shelter revealed 147 cases, representing 36%            funding available to states, territories, local-       tract. Nothing in this Order precludes the
                                             of shelter residents. COVID–19 testing in a             ities, and Tribal governments, which con-              charging or collecting of fees, penalties, or
                                             single shelter in San Francisco led to the              tinue to distribute emergency rental assist-           interest as a result of the failure to pay rent
                                             identification of 101 cases (67% of those test-         ance funds that may help mitigate spikes in            or other housing payment on a timely basis,
                                             ed). Data from 634 universal diagnostic test-           COVID–19 transmission due to increases in              under the terms of any applicable contract.
                                             ing events at homeless shelters in 21 states            evictions. Alongside other federal and state             Nothing in this Order precludes evictions
                                             show an average of 6% positivity among                  efforts to prevent evictions, these funds are          based on a tenant, lessee, or resident: (1) En-
                                             shelter clients. Data comparing the inci-               expected to make a meaningful difference for           gaging in criminal activity while on the
                                             dence or severity of COVID–19 among people              hundreds of thousands of people who are ex-            premises; (2) threatening the health or safety
                                             experiencing homelessness directly to the               pected to receive the rental assistance.               of other residents; (3) damaging or posing an
                                             general population are limited. However,                  On September 4, 2020, the CDC Director               immediate and significant risk of damage to
                                             during the 15-day period of the outbreak in             issued an Order temporarily halting evic-              property; (4) violating any applicable build-
                                             Boston, MA, researchers estimated a cumu-               tions in the United States for the reasons de-         ing code, health ordinance, or similar regula-
                                             lative incidence of 46.3 cases of COVID–19 per          scribed therein. That Order was set to expire          tion relating to health and safety; or (5) vio-
                                             1000 persons experiencing homelessness, as              on December 31, 2020, subject to further ex-           lating any other contractual obligation,
                                             compared to 1.9 cases per 1000 among Massa-             tension, modification, or rescission. Section          other than the timely payment of rent or
                                             chusetts adults (pre-print).                            502 of Title V, Division N of the Consolidated         similar housing-related payment (including
                                               Among other things, CDC guidance rec-                 Appropriations Act, 2021 extended the Order            non-payment or late payment of fees, pen-
                                             ommends increasing physical distance be-                until January 31, 2021. With the extension of          alties, or interest).
                                             tween beds in homeless shelters, which is               the Order, Congress also provided $25 billion            Any evictions for nonpayment of rent ini-
                                             likely to decrease capacity, while commu-               for emergency rental assistance for the pay-           tiated prior to issuance of this Order but not
                                             nity transmission of COVID–19 is occurring.             ment of rent and rental arrears. Congress              yet completed, are subject to this Order. Any
                                             To adhere to this guidance, shelters have               later provided an additional $21.55 billion in         tenant, lessee, or resident of a residential
                                             limited the number of people served through-            emergency rental assistance when it passed             property who previously submitted a Dec-
                                             out the United States. In many places, con-             the American Rescue Plan.                              laration, still qualifies as a ‘‘Covered Per-
                                             siderably fewer beds are available to individ-            On January 29, 2021, following an assess-            son’’ and is still present in a rental unit is
                                             uals who become homeless. Shelters that do              ment of the ongoing pandemic, the CDC Di-              entitled to protections under this Order. Any
                                             not adhere to the guidance, and operate at              rector renewed the Order until March 31,               eviction that was completed before issuance
                                             ordinary or increased occupancy, are at                 2021. On March 28, the CDC Director renewed            of this Order including from August 1
                                             greater risk for the types of outbreaks de-             the Order until June 30, 2021. On June 24, the         through August 3, 2021 is not subject to this
                                             scribed above.                                          CDC Director renewed the Order until July              Order, as it does not operate retroactively.
                                             Application of COVID–19 Prevention Strate-              31, 2021 (July Order). The CDC Director indi-            Under this Order, covered persons may be
                                                 gies Based on Community Transmission                cated that the July Order would be the final           evicted for engaging in criminal activity
                                                                                                     extension of the nationwide eviction morato-           while on the premises. But covered persons
                                               CDC recommends strengthening or adding
                                                                                                     rium absent an unexpected change in the                may not be evicted on the sole basis that
                                             effective COVID–19 mitigation strategies in
                                                                                                     trajectory of the pandemic. Unfortunately,             they are alleged to have committed the
                                             communities with considerable transmission
                                                                                                     the rise of the Delta variant and cor-                 crime of trespass (or similar state-law of-
                                             risk. As discussed above, CDC guidance
                                                                                                     responding rise in cases in numerous coun-             fense) where the underlying activity is a cov-
                                             specifies that everyone, regardless of vac-
                                                                                                     ties in the United States have altered the             ered person remaining in a residential prop-
                                             cination status, should wear masks in indoor
                                                                                                     trajectory of the pandemic. As a result, CDC           erty for nonpayment of rent. Permitting
                                             and public settings in communities experi-
                                                                                                     is issuing this narrower, more targeted Order          such evictions would result in substantially
                                             encing substantial or high rates of commu-
                                                                                                     to temporarily halt evictions in the hardest           more evictions overall, thus increasing the
                                             nity transmission. Similarly, CDC guidance
                                                                                                     hit areas. Without this Order, evictions in            risk of disease transmission as otherwise
                                             for homeless shelters recommends maintain-              these areas would likely exacerbate the in-
                                             ing layered COVID–19 precautions as long as                                                                    covered persons move into congregate set-
                                                                                                     crease in cases. To the extent any provision           tings or experience homelessness. This result
                                             community transmission is occurring and                 of this Order conflicts with prior Orders, this
                                             provides options for scaling back precautions                                                                  would be contrary to the stated objectives of
                                                                                                     Order is controlling.
                                             when community transmission is low.                                                                            this Order, and therefore would diminish
                                               Eviction moratoria represent a COVID–19               Applicability                                          their effectiveness. Moreover, to the extent
                                             transmission prevention measure that can                  This Order applies in U.S. counties experi-          such criminal trespass laws are invoked to
                                             similarly be applied when the epidemiolog-              encing substantial and high levels of commu-           establish criminal activity solely based on a
                                             ical context is appropriate, for example in             nity transmission levels of SARS–CoV–2 as              tenant, lessee, or resident of a residential
                                             communities with substantial or high trans-             defined by CDC, as of August 3, 2021. If a U.S.        property remaining in a residential property
                                             mission of COVID–19. Prevention strategies              county that is not covered by this Order as            despite the nonpayment of rent, such invoca-
                                             like these should only be relaxed or lifted             of August 3, 2021 later experiences substan-           tion conflicts with this Order and is pre-
                                             after two weeks of continuous sustained im-             tial or high levels of community trans-                empted pursuant to 42 U.S.C. 264(e).
                                             provement in the level of community trans-              mission while this Order is in effect, then              Individuals who are confirmed to have,
                                             mission. In areas with low or no SARS–CoV–              that county will become subject to this                who have been exposed to, or who might
                                             2 transmission and with testing capacity in             Order as of the date the county begins expe-           have COVID–19 and take reasonable pre-
                                             place to detect early introduction or in-               riencing substantial or high levels of com-            cautions to not spread the disease may not
                                             creases in spread of the virus, layered pre-            munity transmission. If a U.S. county that is          be evicted on grounds that they may pose a
                                             vention strategies might be removed one at              covered by this Order no longer experiences            health or safety threat to other residents.
                                             a time while monitoring closely for any evi-            substantial or high levels of community                  This Order is in effect through October 3,
                                             dence that COVID–19 cases are increasing.               transmission for 14 consecutive days, then             2021, based on the current and projected epi-
                                             Decisions to add or remove prevention strat-            this Order will no longer apply in that coun-          demiological context of SARS–CoV–2 trans-
                                             egies should be based on local data and pub-            ty, unless and until the county again experi-          mission throughout the United States. This
                                             lic health recommendations. The emergence               ences substantial or high levels of commu-             timeframe will allow the assessment of nat-
                                             of more transmissible SARS–CoV–2 variants,              nity transmission while this Order is in ef-           ural changes to COVID–19 incidence, the in-
                                                                                                     fect.                                                  fluences of new variants, additional distribu-
                                             including Delta, increases the urgency for
                                                                                                       This Order does not apply in any state,              tion of emergency rental assistance funds,
                                             public health agencies and other organiza-
                                                                                                     local, territorial, or tribal area with a mora-        and the expansion of COVID–19 vaccine up-
                                             tions to collaboratively monitor the status             torium on residential evictions that provides
                                             of the pandemic in their communities and                                                                       take.
                                                                                                     the same or greater level of public-health
                                             continue to apply layered prevention strate-            protection than the requirements listed in             Declaration Forms
                                             gies.                                                   this Order or to the extent its application is           To qualify for the protections of this




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                                             Persons at Higher Risk of Eviction May Also             prohibited by Federal court order. In accord-          Order, a tenant, lessee, or resident of a resi-
                                                 Be at Higher Risk of Being Unvaccinated             ance with 42 U.S.C. 264(e), this Order does not        dential property must provide a completed
                                               Communities with high rates of eviction               preclude state, local, territorial, and tribal         and signed copy of a declaration with the
                                             have been shown to have lower coverage of               authorities from imposing additional re-               elements listed in the definition of ‘‘Covered
                                             COVID–19 vaccination—a focus for current                quirements that provide greater public-                person’’ to their landlord, owner of the resi-
                                             vaccination campaigns. A study in the spring            health protection and are more restrictive             dential property where they live, or other
                                             of 2021 showed that counties with high social           than the requirements in this Order.                   person who has a right to have them evicted




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                                             S6266                                             CONGRESSIONAL RECORD — SENATE                                                         August 10, 2021
                                             or removed from where they live. To assist              place, a wave of evictions, on the order of            lic health threat—of the risk of large num-
                                             tenants and landlords, the CDC created a                hundreds of thousands, could occur in late             bers of residential evictions contributing to
                                             standardized declaration form that can be               summer and early fall, exacerbating the                the spread of COVID–19 throughout the
                                             downloaded       here:     https://www.cdc.gov/         spread of COVID–19 among the significant               United States—continues to exist. Without
                                             coronavirus/2019-ncov/downloads/declaration-            percentage of the population that remains              this Order, there is every reason to expect
                                             form.pdf.                                               unvaccinated. In appropriating these emer-             that evictions will increase dramatically at
                                               Tenants, lessees, and residents of residen-           gency rental assistance funds, Congress in-            a time when COVID–19 infections in the
                                             tial property are not obligated to use the              tended that the funding would work in con-             United States are increasing sharply. It is
                                             CDC form. Any written document that an el-              cert with the eviction moratorium, providing           imperative that public health authorities act
                                             igible tenant, lessee, or resident of residen-          time for rental assistance to reach eligible           quickly to mitigate such an increase of evic-
                                             tial property presents to their landlord will           tenants and landlords to sustainably reduce            tions, which could increase the likelihood of
                                             comply with this Order, as long as it con-              the threat of an eviction wave after an evic-          new spikes in SARS–CoV–2 transmission.
                                             tains the required elements of ‘‘Covered per-           tion moratorium was no longer in effect.               Such mass evictions and the attendant pub-
                                             son’’ as described in this Order. In they meet          While the pace of assistance is continuing to          lic health consequences would be very dif-
                                             the elements of ‘‘Covered person’’ in other             increase, without additional time for states           ficult to reverse.
                                             languages.                                              and localities to deliver this needed relief             For all of these reasons, I hereby conclude
                                               All declarations, regardless of form used,            and engage in other efforts to prevent evic-           that immediate action is again necessary
                                             must be signed, and must include a state-               tions, a surge of evictions would occur upon           and that notice-and-comment rulemaking
                                             ment that the tenant, lessee, or resident of a          the conclusion of the national moratorium.             and a delay in effective date would be im-
                                             residential property understands that they              A surge in evictions would lead to immediate           practicable and contrary to the public inter-
                                             could be liable for perjury for any false or            movement, crowding, and increased stress on            est.
                                             misleading statements or omissions in the               the homeless service system. In combination            Miscellaneous
                                             declaration. This Order does not preclude a             with surging COVID–19 rates across the                   Similarly, if this Order qualifies as a rule
                                             landlord challenging the truthfulness of a              country, and the overlapping factors de-               under the APA, the Office of Information and
                                             tenant’s, lessee’s, or resident’s declaration in        scribed above, this would create considerable          Regulatory Affairs (OIRA) has determined
                                             court, as permitted under state or local law.           risk for the rapid transmission of COVID–19            that it would be an economically significant
                                               In certain circumstances, such as individ-            in high-risk settings.                                 regulatory action pursuant to Executive
                                             uals filing a joint tax return, it may be ap-             Based on the convergence of these issues, I          Order 12866 and a major rule under Subtitle
                                             propriate for one member of the residence to            have determined that issuing a new Order               E of the Small Business Regulatory Enforce-
                                             provide an executed declaration on behalf of            temporarily halting evictions is appropriate.          ment Fairness Act of 1996 (the Congressional
                                             the other adult residents party to the lease,             Accordingly, a landlord, owner of a resi-            Review Act or CRA), 5 U.S.C. 804(2). Thus,
                                             rental agreement, or housing contract. The              dential property, or other person with a legal         this action has been reviewed by OIRA. CDC
                                             declaration may be signed and transmitted               right to pursue eviction or possessory action          has determined that for the same reasons
                                             either electronically or by hard copy.                  shall not evict any covered person from any            given above, there would be good cause under
                                               As long as the information in a previously            residential property in any county or U.S.             the CRA to make the requirements herein ef-
                                             signed declaration submitted under a pre-               territory while COVID–19 transmission is               fective immediately. 5 U.S.C. 808(2).
                                             vious order remains truthful and accurate,              substantial or high and the relevant state,              If any provision of this Order, or the appli-
                                             covered persons do not need to submit a new             county, locality, or territory has provided a          cation of any provision to any persons, enti-
                                             declaration under this Order. However, eligi-           level of public-health protections below the           ties, or circumstances, shall be held invalid,
                                             bility for protection will be based on the              requirements listed in this Order.                     the remainder of the provisions, or the appli-
                                             terms of this Order.                                      This Order is not a rule within the mean-            cation of such provisions to any persons, en-
                                             Determination, Findings and Action                      ing of the Administrative Procedure Act                tities, or circumstances other than those to
                                               For the reasons described herein, I have de-          (APA) but rather an emergency action taken             which it is held invalid, shall remain valid
                                             termined based on the information below                 under the existing authority of 42 CFR 70.2.           and in effect.
                                             that issuing a temporary halt in evictions in           The purpose of section 70.2, which was pro-              This Order shall be enforced by federal au-
                                             counties experiencing substantial or high               mulgated through notice-and-comment rule-              thorities and cooperating state and local au-
                                             levels of COVID–19 transmission constitutes             making, is to enable CDC to take swift steps           thorities through the provisions of 18 U.S.C.
                                             a reasonably necessary measure under 42                 to prevent contagion without having to seek            3559, 3571; 42 U.S.C. 243, 268, 271; and 42 CFR
                                             CFR 70.2 to prevent the further spread of               a second round of public comments and with-            70.18. However, this Order has no effect on
                                             COVID–19 throughout the United States. I                out a delay in effective date.                         the contractual obligations of renters to pay
                                             have further determined that measures by                Good Cause                                             rent and shall not preclude charging or col-
                                             states, localities, or territories that do not            In the event this Order qualifies as a rule          lecting fees, penalties, or interest as a result
                                             meet or exceed these minimum protections                under the APA, there is good cause to dis-             of the failure to pay rent or other housing
                                             are insufficient to prevent the interstate              pense with prior public notice and comment             payment on a timely basis, under the terms
                                             spread of COVID–19.                                     and a delay in effective date. See 5 U.S.C.            of any applicable contract.
                                               State and local jurisdictions continue to             553(b)(B), (d)(3). Good cause exists, in sum,          Criminal Penalties
                                             distribute emergency rental assistance                  because the public health emergency caused               Under 18 U.S.C. 3559, 3571; 42 U.S.C. 271; and
                                             funds, provided by the Department of Treas-             by the COVID–19 pandemic and the unpre-                42 CFR 70.18, a person violating this Order
                                             ury, that will help avert a spate of evictions          dictability of the trajectory of the pandemic          may be subject to a fine of no more than
                                             and thus mitigate corresponding spikes in               make it impracticable and contrary to the              $100,000 or one year in jail, or both, if the vio-
                                             COVID–19 transmission. Trends have dra-                 public health, and by extension the public in-         lation does not result in a death, or a fine of
                                             matically worsened since June 2021 and                  terest, to delay the issuance and effective            no more than $250,000 or one year in jail, or
                                             transmission is rapidly accelerating in the             date of this Order.                                    both if the violation results in a death, or as
                                             United States.                                            I have determined that good cause exists             otherwise provided by law. An organization
                                               Congress has appropriated approximately               because the public health emergency caused             violating this Order may be subject to a fine
                                             $46 billion—of which almost three-quarters is           by COVID–19 makes it impracticable and                 of no more than $200,000 per event if the vio-
                                             currently available to state and local grant-           contrary to the public health, and by exten-           lation does not result in a death or $500,000
                                             ees—to help pay rent and rental arrears for             sion the public interest, to delay the                 per event if the violation results in a death
                                             tenants who may otherwise be at high risk of            issuance and effective date of the Order. A            or as otherwise provided by law. The U.S.
                                             eviction. According to estimates based on               delay in the effective date of the Order would         Department of Justice may initiate criminal
                                             the U.S. Census Household Pulse Survey, ap-             permit the occurrence of evictions—poten-              proceedings as appropriate seeking imposi-
                                             proximately 6.9 million renter households               tially on a mass scale—that would have po-             tion of these criminal penalties.
                                             were behind on their rent in late June. At              tentially significant public health con-               Notice to Cooperating State and Local Offi-
                                             that time, about 4.6 million renter house-              sequences. I conclude that the delay in the                 cials
                                             holds were concerned that they could not                effective date of the Order would defeat the
                                             pay next month’s rent. The successful deliv-            purpose of the Order and endanger the public             Under 42 U.S.C. 243, the U.S. Department of
                                             ery of those funds by states and localities             health and, therefore, determine that imme-            Health and Human Services is authorized to
                                             should greatly reduce the incidence of evic-            diate action is necessary.                             cooperate with and aid state and local au-
                                             tion that would occur in the absence of that              The rapidly changing nature of the pan-              thorities in the enforcement of their quar-
                                             support. However, many states and localities            demic requires not only that CDC act swift-            antine and other health regulations and to
                                                                                                                                                            accept state and local assistance in the en-




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                                             are still ramping up the collection and proc-           ly, but also deftly to ensure that its actions
                                             essing of applications and the delivery of as-          are commensurate with the threat. This nec-            forcement of Federal quarantine rules and
                                             sistance and putting in place other eviction            essarily involves assessing evolving condi-            regulations, including in the enforcement of
                                             prevention strategies. It was only in the be-           tions that inform CDC’s determinations. De-            this Order.
                                             ginning of June that all state-run emergency            spite promising trends in the spring of 2021,          Notice of Available Federal Resources
                                             rental assistance programs had opened for               the surge of cases spurred by the Delta vari-            While this Order to prevent eviction is ef-
                                             applications. If the moratorium is not in               ant has confirmed that the fundamental pub-            fectuated to protect the public health, the




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                                             August 10, 2021                                   CONGRESSIONAL RECORD — SENATE                                                                S6267
                                             states and units of local government are re-            Sherri Berger,                                         gime continues to deny prisoners due
                                             minded that the Federal Government has de-              Chief of Staff, Centers for Disease Control            process, access to family contact, and
                                             ployed unprecedented resources to address                  and Prevention.                                     legal counsel. Essentially, many of
                                             the pandemic, including housing assistance.             [FR Doc. 2021–16945 Filed 8–4–21; 2:00 pm]             them have been disappeared.
                                               The Department of Housing and Urban De-               BILLING CODE 4163–18–P                                   On Friday, Ortega cancelled the reg-
                                             velopment (HUD), the Department of Agri-
                                                                                                                    f                                       istration of the last remaining opposi-
                                             culture, and the Department of the Treasury
                                             have informed CDC that unprecedented                                   NICARAGUA                               tion political party that was positioned
                                             emergency resources have been appropriated                                                                     to participate in the November elec-
                                             through various Federal agencies that assist
                                                                                                       Mr. MENENDEZ. Mr. Speaker, I rise                    tions, Ciudadanos por la Libertad—
                                             renters and landlords during the pandemic,              today to discuss the accelerating polit-               Citizens for Freedom. The regime went
                                             including $46.55 billion to the Treasury                ical crisis in Nicaragua and the Ortega                as far as to strip the head of that party
                                             through the Consolidated Appropriations Act             regime’s anti-democratic efforts to                    of her Nicaraguan citizenship. These
                                             of 2021 and the American Rescue Plan (ARP).             hold illegitimate elections in Novem-                  are not actions that would be tolerated
                                             Furthermore, in 2020 44 states and 310 local            ber.                                                   in any democratic system in the world;
                                             jurisdictions allocated about $3.9 billion to-            On November 7, Daniel Ortega will                    these are the actions of a tin-pot dic-
                                             ward emergency rental assistance, largely               attempt to deny the Nicaraguan people
                                             from funds appropriated to HUD from the                                                                        tator.
                                             Coronavirus Aid, Relief, and Economic Secu-
                                                                                                     their most basic right: the right to                     The events since June are the cul-
                                             rity (CARES). These three rounds of federal             choose their country’s leaders in free                 mination of the Ortega regime’s years-
                                             appropriations also provided substantial re-            and fair elections. This grave restric-                long process to dismantle democracy in
                                             sources for homeless services, homeowner as-            tion on basic democratic freedoms con-                 Nicaragua. When Nicaraguans took to
                                             sistance, and supplemental stimulus and un-             firms that the Ortega regime is con-                   the streets to protest their living con-
                                             employment benefits that low-income rent-               solidating the Western Hemisphere’s                    ditions in 2018, the regime responded
                                             ers used to pay rent.                                   third dictatorship. In the lead up to                  with a brutal campaign of violence.
                                               Visit https://covid.cdc.gov/coviddata-track-          these elections and in response to unre-               Over 330 protesters were killed. Today,
                                             er/#county-view for an integrated, county               strained assaults against democracy,                   the number of Nicaraguans fleeing the
                                             view of levels of community transmission for
                                             monitoring the COVID–19 pandemic in the
                                                                                                     the U.S. Senate unanimously passed                     country is on the rise, increasing the
                                             United        States.       Visit      https://         my legislation entitled the ‘‘Rein-                    complexity and reach of the challenge.
                                             home.treasury.gov/policy-issues/cares/state-            forcing Nicaragua’s Adherence to Con-                    The Ortega-Murillo regime’s authori-
                                             and-localgovernments for more information               ditions      for    Electoral    Reform                tarian power grab poses a direct chal-
                                             about the Coronavirus Relief Fund and                   (RENACER) Act.’’ This bipartisan leg-                  lenge to U.S. national security and re-
                                             https://home.treasury.gov/policy-issues/cares/          islation, taken together with the Biden                gional stability. I am proud to have au-
                                             emergency-rental-assistance-program         for         administration’s additional imposition                 thored the RENACER Act and to lead
                                             more information about the Emergency                    of visa restrictions against individuals               the bipartisan, bicameral effort to send
                                             Rental      Assistance      Program.     Visit                                                                 a clear message to Daniel Ortega and
                                             www.consumerfinance.gov/renthelp to access
                                                                                                     affiliated with the regime, dem-
                                                                                                     onstrates the United States is firmly                  Rosario Murillo: Reverse course now
                                             the Rental Assistance Finder that connects
                                             renters and landlords with the state and                committed to the restoration of de-                    and the international community
                                             local programs that are distributing billions           mocracy to Nicaragua.                                  stands ready to support the restoration
                                             of dollars in federal assistance. Relevant                The legislation is also consistent                   of democracy; or continue down the
                                             agencies have informed CDC that forbear-                with our commitments to promote and                    current path and face consequences.
                                             ance policies for mortgages backed by the               defend democracy in the Americas. As                     The RENACER Act requires the
                                             federal government provide many landlords,              the 20th anniversary of the Inter-Amer-                United States, working with our part-
                                             especially smaller landlords, with temporary                                                                   ners in the European Union, Canada,
                                             relief as new emergency rental assistance
                                                                                                     ican Democratic Charter approaches
                                                                                                     next month, we must recognize that a                   and Latin America and the Caribbean,
                                             programs are deployed.                                                                                         to align our diplomatic efforts and
                                               Treasury, HUD, and USDA grantees and                  growing trend of deeply flawed and
                                                                                                     fraudulent electoral processes jeopard-                sanctions tools to push for one goal,
                                             program participants play a critical role in
                                                                                                     izes regional consensus in support of                  democratic elections. The bill requires
                                             prioritizing efforts to support this goal. All
                                             communities should assess what resources                free, fair, and transparent elections                  increased intelligence reporting on the
                                             have already been allocated to prevent evic-            across the Americas. Whether in Nica-                  regime’s corruption and its malign
                                             tions and homelessness through temporary                ragua in 2016, Honduras in 2017, Bolivia               partnership with Russia. This legisla-
                                             rental assistance and homelessness preven-                                                                     tion will provide for better documenta-
                                                                                                     in 2019, Guyana in 2020, or Venezuela in
                                             tion, particularly to the most vulnerable                                                                      tion of human rights violations and
                                             households.                                             2017, 2018, and 2020, democratic elec-
                                                                                                                                                            guarantee that the regime and its
                                               Treasury, HUD, and USDA stand at the                  tions are under attack by autocrats
                                                                                                                                                            enablers are held accountable.
                                             ready to support American communities in                and populists alike. Regretfully, the                    The law further calls for the Presi-
                                             taking these steps to reduce the spread of              Ortega regime is taking steps to con-                  dent to review Nicaragua’s participa-
                                             COVID–19 and maintain economic prosperity.              tinue this trend.                                      tion in the Central America Free Trade
                                               For program support, including technical                Today, Daniel Ortega and Rosario                     Agreement—CAFTA.          The     United
                                             assistance,             please            visit         Murillo hold more than 140 political
                                             www.hudexchange.info/programsupport. For                                                                       States would never sign a free trade
                                                                                                     prisoners, including eight opposition                  agreement with Belarus given the au-
                                             further information on HUD resources, tools,            candidates for President and Vice
                                             and guidance available to respond to the                                                                       thoritarian conditions that exist in the
                                             COVID–19 pandemic, state and local officials
                                                                                                     President. These individuals represent                 country. And the United States should
                                             are directed to visit https://www.hud.gov/              a broad political spectrum and include                 not turn a blind eye if one of our free
                                             coronavirus. These tools include toolkits for           Arturo Cruz, Félix Maradiaga, Juan                    trade partners becomes the Belarus of
                                             Public Housing Authorities and Housing                  Sebastián       Chamorro,      Medardo                Central America.
                                             Choice Voucher landlords related to housing             Mairena, and Miguel Mora. Three more                     In closing, let there be no doubts—
                                             stability and eviction prevention, as well as           contenders,       Berenice      Quezada,               the United States will continue to sup-
                                             similar guidance for owners and renters in              Cristiana      Chamorro,     and    Noel               port defenders of democracy in Nica-
                                             HUD-assisted multifamily properties. Fur-               Vidaurre, are under house arrest.
                                             thermore,         tenants       can       visit                                                                ragua, condemn violence and intimida-
                                             consumerfinance.gov/housing for up-to-date
                                                                                                       On July 27, the regime incarcerated                  tion, and hold accountable the Ortega
                                             information on rent relief options, protec-             the country’s 76-year-old former Min-                  regime and those who support it. If
                                             tions, and key deadlines.                               ister of Foreign Affairs, Francisco                    Daniel Ortega assumes a fourth con-
                                             Effective Date
                                                                                                     Aguirre Sacasa, under bogus charges of                 secutive term via sham elections, he
                                                                                                     treason and without regard for his                     will rule without a shred of legitimacy.




dlhill on DSK120RN23PROD with SENATE
                                               This Order is effective on August 3, 2021
                                                                                                     health or well-being. The regime is                      I urge my colleagues in the House of
                                             and will remain in effect through October 3,
                                             2021, subject to revision based on the chang-           holding Sacasa and many others at El                   Representatives to pass the RENACER
                                             ing public health landscape.                            Chipote detention center: a facility in-               Act so that we can speak with a single
                                               Authority: The authority for this Order is            famous for acts of torture and ill-treat-              voice and make it clear that Daniel
                                             Section 361 of the Public Health Service Act            ment, according to the United Nations                  Ortega’s paranoia of losing at the bal-
                                             (42 U.S.C. 264) and 42 CFR 70.2.                        Human Rights Commission. The re-                       lot box is no excuse for his systematic



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