Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, TUESDAY, AUGUST 4, 2020 No. 138 House of Representatives The House met at 11 a.m. and was SENATE ENROLLED BILLS SIGNED 4901. A letter from the Secretary, Depart- called to order by the Speaker. ment of Energy, transmitting proposed legis- The Speaker announced her signa- lation that would clarify that the Depart- f ture to enrolled bills of the Senate of ment has fulfilled the requirements of Sec. the following titles: 631(b)(1)(B) of the Energy Policy Act of 2005; PRAYER S. 2163. An act to establish the Commission to the Committee on Energy and Commerce. 4902. A letter from the Secretary, Depart- The Chaplain, the Reverend Patrick on the Social Status of Black Men and Boys, to study and make recommendations to ad- ment of Energy, transmitting proposed legis- J. Conroy, offered the following prayer: dress social problems affecting Black men lation to amend Sec. 661 of the Department God of heaven and Earth, thank You and boys, and for other purposes. of Energy Organization Act of 1977 (as for giving us another day. S. 3607. An act to extend public safety offi- amended); to the Committee on Energy and The Nation awakes to reports of ris- cer death benefits to public safety officers Commerce. ing coronavirus numbers, many in whose death is caused by COVID–19, and for 4903. A letter from the Associate General Counsel for General Law, Department of places once touted as being safe from other purposes. S. 3637. An act to amend the Homeland Security, transmitting three (3) the danger of spread. Have mercy on notifications of a vacancy, designation of us. Help us to hear Your call to leave Servicemembers Civil Relief Act to extend lease protections for servicemembers under acting officer, an action on nomination, and pride and boasting behind and together stop movement orders in response to a local, a discontinuation of service in acting role, face a most dangerous threat to the national, or global emergency, and for other pursuant to 5 U.S.C. 3349(a); Public Law 105- health and well-being of our citizens. purposes. 277, 151(b); (112 Stat. 2681-614); to the Com- Continue to bless and protect those mittee on Oversight and Reform. f 4904. A letter from the Associate General men and women who have been bur- ADJOURNMENT Counsel for General Law, Department of dened for so long with the care of the Homeland Security, transmitting a notifica- infected, even as they are asked to The SPEAKER. Pursuant to section tion of a discontinuation of service in acting make more bricks with less straw. As 4(b) of House Resolution 967, the House role, pursuant to 5 U.S.C. 3349(a); Public Law hospitals fill, empower those given the stands adjourned until 10 a.m. on Fri- 105-277, 151(b); (112 Stat. 2681-614); to the responsibility to lead with wisdom and day, August 7, 2020. Committee on Oversight and Reform. practical insights to rise to the de- Thereupon (at 11 o’clock and 2 min- 4905. A letter from the Associate General utes a.m.), under its previous order, the Counsel for General Law, Department of mands of their leadership. Homeland Security, transmitting a notifica- May all that is done be for Your House adjourned until Friday, August tion of an action on nomination, pursuant to greater honor and glory. 7, 2020, at 10 a.m. 5 U.S.C. 3349(a); Public Law 105-277, 151(b); Amen. f (112 Stat. 2681-614); to the Committee on Oversight and Reform. f EXECUTIVE COMMUNICATIONS, 4906. A letter from the Architect of the ETC. Capitol, transmitting the semiannual report THE JOURNAL Under clause 2 of rule XIV, executive of disbursements for the operations of the The SPEAKER. Pursuant to section communications were taken from the Architect of the Capitol for the period of 4(a) of House Resolution 967, the Jour- January 1, 2020, through June 30, 2020, pursu- Speaker’s table and referred as follows: ant to 2 U.S.C. 1868a(a); Public Law 113-76, nal of the last day’s proceedings is ap- 4899. A letter from the Director, Bureau of div. I, title I, Sec. 1301(a); (128 Stat. 428) (H. proved. Consumer Financial Protection, transmit- Doc. No. 116—142); to the Committee on ting a draft of the Bureau’s Whistleblower House Administration and ordered to be f Award Incentive Legislative Proposal; to the printed. Committee on Financial Services. PLEDGE OF ALLEGIANCE 4907. A letter from the Secretary, Depart- 4900. A letter from the Program Specialist, ment of the Interior, transmitting the De- The SPEAKER. Will the gentleman Chief Counsel’s Office, Department of the partment’s report on Payments in Lieu of from West Virginia (Mr. MOONEY) come Treasury, transmitting the Department’s Taxes for Fiscal Year 2020; to the Committee forward and lead the House in the Major final rule — Prohibitions and Restric- on Natural Resources. Pledge of Allegiance. tions on Proprietary Trading and Certain In- 4908. A letter from the Chief, Regulatory terests in, and Relationships With, Hedge Coordination Division, U.S. Citizenship and Mr. MOONEY of West Virginia led Funds and Private Equity Funds [Docket Immigration Services, Department of Home- the Pledge of Allegiance as follows: No.: OCC-2020-0002] (RIN: 1557-AE67) received land Security, transmitting the Depart- I pledge allegiance to the Flag of the August 3, 2020, pursuant to 5 U.S.C. ment’s Major final rule — U.S. Citizenship United States of America, and to the Repub- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 and Immigration Services Fee Schedule and lic for which it stands, one nation under God, Stat. 868); to the Committee on Financial Changes to Certain Other Immigration Ben- indivisible, with liberty and justice for all. Services. efit Request Requirements [CIS No.: 2627-18;

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 03:28 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A04AU7.000 H04AUPT1 SSpencer on DSK126QN23PROD with HOUSE H4218 CONGRESSIONAL RECORD — HOUSE August 4, 2020 DHS Docket No.: USCIS-2019-0010] (RIN: 1615- quest of certain records, and for other pur- Chinese Communist Party, and for other pur- AC18) received August 3, 2020, pursuant to 5 poses; to the Committee on Veterans’ Af- poses; to the Committee on Foreign Affairs. U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. fairs. By Mr. MCCAUL: 251; (110 Stat. 868); to the Committee on the By Mr. CROW (for himself, Mr. H.R. 7938. A bill to improve and coordinate Judiciary. WENSTRUP, Mr. THORNBERRY, Mrs. United States information statecraft strat- 4909. A letter from the Secretary, Depart- MURPHY of Florida, Mrs. WALORSKI, egy and capabilities for an era of strategic ment of Energy, transmitting the Depart- Mr. PANETTA, and Mr. MARCHANT): competition, and for other purposes; to the ment’s proposed legislation that would H.R. 7927. A bill to amend the Internal Rev- Committee on Foreign Affairs. amend the Harmonized Tariff Schedule of enue Code of 1986 to allow a credit to small By Mr. MCCAUL: the United States; to the Committee on employers with respect to each employee H.R. 7939. A bill to counter malign influ- Ways and Means. who is a military spouse and eligible to par- ence, require transparency, and promote ac- ticipate in a defined contribution plan of the countability within the United Nations sys- f employer; to the Committee on Ways and tem, and for other purposes; to the Com- REPORTS OF COMMITTEES ON Means. mittee on Foreign Affairs. PUBLIC BILLS AND RESOLUTIONS By Mrs. FLETCHER (for herself and By Mr. NEGUSE (for himself, Mrs. Mr. OLSON): HAYES, Mr. BLUMENAUER, Ms. Under clause 2 of rule XIII, reports of H.R. 7928. A bill to expand the payment of BARRAGA´ N, Mr. GRIJALVA, Ms. committees were delivered to the Clerk principal, interest, and fees for certain dis- JAYAPAL, Mr. ESPAILLAT, and Mr. for printing and reference to the proper aster loans under the CARES Act, and for NADLER): calendar, as follows: other purposes; to the Committee on Small H.R. 7940. A bill to amend the Federal In- Mr. GRIJALVA: Committee on Natural Re- Business. secticide, Fungicide, and Rodenticide Act to sources. H.R. 3465. A bill to authorize the By Ms. FOXX of North Carolina (for fully protect the safety of children and the Fallen Journalists Memorial Foundation to herself and Mr. COMER): environment, to remove dangerous pesticides establish a commemorative work in the Dis- H.R. 7929. A bill to establish a commission from use, and for other purposes; to the Com- trict of Columbia and its environs, and for to review certain regulatory obstacles to mittee on Agriculture. other purposes; with an amendment (Rept. preparedness for, response to, and recovery By Ms. NORTON: H.R. 7941. A bill to amend title 11, District 116–466). Referred to the Committee of the from the Coronavirus SARS-CoV-2 pandemic of Columbia Official Code, to expand the au- Whole House on the state of the Union. and other pandemics, and for other purposes; thorities of magistrate judges of the District Mr. GRIJALVA: Committee on Natural Re- to the Committee on Energy and Commerce, of Columbia courts, to modernize the rules sources. H.R. 2579. A bill to modify the re- and in addition to the Committees on Edu- and procedures for the service of jurors in quirements applicable to locatable minerals cation and Labor, Financial Services, and District of Columbia courts, to authorize the on public domain lands, consistent with the Rules, for a period to be subsequently deter- establishment of a program of voluntary sep- principles of self-initiation of mining claims, mined by the Speaker, in each case for con- aration incentive payments for nonjudicial and for other purposes; with an amendment sideration of such provisions as fall within employees of the District of Columbia courts (Rept. 116–467). Referred to the Committee of the jurisdiction of the committee concerned. and employees of the District of Columbia the Whole House on the state of the Union. By Mr. HIMES (for himself, Miss RICE of New York, and Ms. NORTON): Public Defender Service, and for other pur- f H.R. 7930. A bill to amend title 18, United poses; to the Committee on Oversight and PUBLIC BILLS AND RESOLUTIONS States Code, to protect more victims of do- Reform. mestic violence by preventing their abusers By Ms. SA´ NCHEZ (for herself, Mr. Under clause 2 of rule XII, public from possessing or receiving firearms, and SCHNEIDER, and Mrs. FLETCHER): bills and resolutions of the following for other purposes; to the Committee on the H.R. 7942. A bill to provide the option to titles were introduced and severally re- Judiciary. extend COBRA continuation coverage ferred, as follows: By Ms. HOULAHAN (for herself, Ms. through the last day of the 1-year period suc- DEAN, Mr. LAMBORN, and Mr. ceeding the COVID-19 emergency period, and By Mr. COMER (for himself, Mr. HIG- FITZPATRICK): for other purposes; to the Committee on GINS of Louisiana, Mr. ARMSTRONG, H.R. 7931. A bill to direct the Director of Education and Labor, and in addition to the Mr. CLOUD, Ms. FOXX of North Caro- the Office Science and Technology Policy to Committees on Energy and Commerce, and lina, Mr. NORMAN, Mr. GREEN of Ten- establish an interagency working group to Ways and Means, for a period to be subse- nessee, and Mr. KELLER): coordinate Federal activities to advance re- quently determined by the Speaker, in each H.R. 7922. A bill to minimize increases in search and development needed to address case for consideration of such provisions as the cost of complying with Federal rules dur- PFAS; to the Committee on Science, Space, fall within the jurisdiction of the committee ing the coronavirus pandemic, and for other and Technology. concerned. purposes; to the Committee on Oversight and By Mrs. LEE of Nevada: By Ms. SCHAKOWSKY (for herself and Reform, and in addition to the Committee on H.R. 7932. A bill to [award funds for com- Mrs. TRAHAN): the Judiciary, for a period to be subse- munity college and industry partnerships]; H.R. 7943. A bill to amend the Carl D. Per- quently determined by the Speaker, in each to the Committee on Education and Labor. kins Career and Technical Education Act of case for consideration of such provisions as By Mr. LEVIN of Michigan (for himself 2006 to give the Deparment of Education the fall within the jurisdiction of the committee and Ms. STEFANIK): authority to award competitive grants to eli- concerned. H.R. 7933. A bill to establish a task force on gible entities to establish, expand, or support By Mr. COMER (for himself, Mr. HIG- supplemental foods delivery in the special school-based mentoring programs to assist GINS of Louisiana, Mr. ARMSTRONG, supplemental nutrition program, and for at-risk students in middle school and high Mr. CLOUD, Ms. FOXX of North Caro- other purposes; to the Committee on Edu- school in developing cognitive and social- lina, Mr. NORMAN, Mr. GREEN of Ten- cation and Labor. emotional skills to prepare them for success nessee, and Mr. KELLER): By Mr. LIPINSKI: in high school, postsecondary education, and H.R. 7923. A bill to authorize the President H.R. 7934. A bill to direct the Secretary of the workforce; to the Committee on Edu- to suspend or waive civil enforcement of any Energy establish the Energy I-Corps pro- cation and Labor. rule for certain purposes during the gram; to the Committee on Science, Space, By Ms. TORRES SMALL of New Mex- coronavirus pandemic, and for other pur- and Technology. ico (for herself, Mr. MCCAUL, Ms. poses; to the Committee on Oversight and By Mrs. CAROLYN B. MALONEY of SLOTKIN, and Mr. CLOUD): Reform. New York (for herself, Mr. CONNOLLY, H.R. 7944. A bill to require the Secretary of By Mr. BARR (for himself, Mr. and Ms. SPEIER): Homeland Security to assess technology MCCAUL, and Mr. RIGGLEMAN): H.R. 7935. A bill to amend title 5, United needs along the Southern border and develop H.R. 7924. A bill to amend the Securities States Code, to modify and enhance protec- a strategy for bridging such gaps; to the Exchange Act of 1934 to require issuers to tions for Federal Government whistle- Committee on Homeland Security. disclose certain financial support from the blowers, and for other purposes; to the Com- By Ms. UNDERWOOD (for herself and Government of China, and for other pur- mittee on Oversight and Reform. Ms. JOHNSON of Texas): poses; to the Committee on Financial Serv- By Mrs. CAROLYN B. MALONEY of H.R. 7945. A bill to amend the Public ices. New York (for herself and Mr. CON- Health Service Act to authorize grants to By Mr. CASTRO of Texas: NOLLY): support schools of nursing in program en- H.R. 7925. A bill to promote equity in ad- H.R. 7936. A bill to amend title 5, United hancement and infrastructure moderniza- vanced coursework and programs at elemen- States Code, to protect Federal employees tion, increasing the number of nursing fac- tary and secondary schools; to the Com- from retaliation for the lawful use of Federal ulty and students, and for other purposes; to mittee on Education and Labor. records, and for other purposes; to the Com- the Committee on Energy and Commerce. By Mr. COX of California (for himself mittee on Oversight and Reform. By Ms. WATERS: and Mr. ROY): By Mr. MCCAUL: H.R. 7946. A bill to amend the Federal Re- H.R. 7926. A bill to amend title 38, United H.R. 7937. A bill to authorize appropria- serve Act to add additional demographic re- States Code, to allow for the electronic re- tions to counter the malign influence of the porting requirements, to modify the goals of

VerDate Sep 11 2014 03:28 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\L04AU7.000 H04AUPT1 SSpencer on DSK126QN23PROD with HOUSE August 4, 2020 CONGRESSIONAL RECORD — HOUSE H4219 the Federal Reserve System, and for other proper for carrying into execution the fore- Congress has the power to enact this legis- purposes; to the Committee on Financial going powers, and all other powers vested by lation pursuant to the following: Services. this Constitution in the government of the Article I, Section 8, Clause 18 of the Con- stitution of the United States grants the f United States, or in any department or officer thereof. Congress the power to enact this law. CONSTITUTIONAL AUTHORITY By Mr. COX of California: By Mrs. CAROLYN B. MALONEY of STATEMENT H.R. 7926. New York: Congress has the power to enact this legis- H.R. 7936. Pursuant to clause 7 of rule XII of lation pursuant to the following: Congress has the power to enact this legis- the Rules of the House of Representa- Article 1 Section 8 of the U.S. Consitution lation pursuant to the following: tives, the following statements are sub- By Mr. CROW: Article I, Section VIII, Clause 18 of the mitted regarding the specific powers H.R. 7927. United States Constitution. granted to Congress in the Constitu- Congress has the power to enact this legis- By Mr. MCCAUL: lation pursuant to the following: H.R. 7937. tion to enact the accompanying bill or Article I, Section 8, clause 1 Congress has the power to enact this legis- joint resolution. By Mrs. FLETCHER: lation pursuant to the following: By Mr. COMER: H.R. 7928. Article I, section 8 of the Constitution of H.R. 7922. Congress has the power to enact this legis- the United States Congress has the power to enact this legislation pursuant to the following: By Mr. MCCAUL: lation pursuant to the following: Article 1, Section 8, Clause 1: ‘‘To lay and H.R. 7938. Article I, Section 1 of the United States collect Taxes, Duties, Imposts and Excises, Congress has the power to enact this legis- Constitution, in that the legislation con- to pay the Debts and provide for the common lation pursuant to the following: cerns the exercise of legislative powers gen- Defence and general Welfare of the United Article I, section 8 of the Constitution of erally granted to Congress by that section, States; but all Duties, Imposts and Excises the United States including the exercise of those powers when shall be uniform throughout the United By Mr. MCCAUL: States.’’ H.R. 7939. delegated by Congress to the Executive; Ar- Congress has the power to enact this legis- By Ms. FOXX of North Carolina: ticle I, Section 8 of the United States Con- lation pursuant to the following: stitution, in that the legislation concerns H.R. 7929. Congress has the power to enact this legis- Article I, section 8 of the Constitution of the exercise of specific legislative powers the United States granted to Congress by that section, includ- lation pursuant to the following: Article I, Section 1 of the United States By Mr. NEGUSE: ing the exercise of those powers when dele- H.R. 7940. Constitution, in that the legislation con- gated by Congress to the Executive; and, Ar- Congress has the power to enact this legis- cerns the exercise of legislative powers gen- ticle I, Section 8, clause 18 of the United lation pursuant to the following: States Constitution, in that the legislation erally granted to Congress by that section, Article 1, Section 8 exercises legislative power granted to Con- including the exercise of those powers when By Ms. NORTON: gress by that clause ‘‘to make all Laws delegated by Congress to the Executive; Ar- H.R. 7941. which shall be necessary and proper for car- ticle I, Sections 8 and 9 of the United States Congress has the power to enact this legis- rying into Execution the foregoing Powers, Constitution, in that the legislation con- lation pursuant to the following: and all other Powers vested by this Constitu- cerns the exercise of specific legislative pow- clause 17 of section 8 of article I of the ers granted to Congress by those sections, in- Constitution. tion in the Government of the United States, ´ or in any Department or Officer thereof.’’ cluding the exercise of those powers when By Ms. SANCHEZ: H.R. 7942. By Mr. COMER: delegated by Congress to the Executive; and, Congress has the power to enact this legis- H.R. 7923. Article I, Section 8, clause 18 of the United Congress has the power to enact this legis- States Constitution, in that the legislation lation pursuant to the following: Article 1 Section 8 lation pursuant to the following: exercises legislative power granted to Con- By Ms. SCHAKOWSKY: Article I, Section I of the United States gress by that clause ‘‘to make all Laws which shall be necessary and proper for car- H.R. 7943. Constitution, in that the legislation con- Congress has the power to enact this legis- rying into Execution the foregoing Powers, cerns the exercise of legislative powers gen- lation pursuant to the following: erally granted to Congress by that section, and all other Powers vested by this Constitu- Article I, Section 8, Clause 3 including the exercise of those powers when tion in the Government of the United States, The Congress shall have Power . . . To reg- delegated by Congress to the Executive; Ar- or in any Department or Officer thereof.’’ ulate Commerce with foreign Nations, and ticle I, Section 8 of the United States Con- By Mr. HIMES: among the several States, and with the In- stitution, in that the legislation concerns H.R. 7930. dian Tribes. Congress has the power to enact this legis- the exercise of specific legislative powers By Ms. TORRES SMALL of New Mex- lation pursuant to the following: granted to Congress by that section, includ- ico: Article I, Section 8 ing the exercise of those powers when dele- H.R. 7944. By Ms. HOULAHAN: gated by Congress to the Executive; and, Ar- Congress has the power to enact this legis- H.R. 7931. lation pursuant to the following: ticle I, Section 8, clause 18 of the United Congress has the power to enact this legis- States Constitution, in that the legislation Article 1, Section 8, Clause 3 of the U.S. lation pursuant to the following: Constitution exercises legislative power granted to Con- Article I, Section 8, of the U.S. Constitu- By Ms. UNDERWOOD: gress by that clause ‘‘to make all Laws tion which shall be necessary and proper for car- H.R. 7945. By Mrs. LEE of Nevada: Congress has the power to enact this legis- rying into Execution the foregoing Powers, H.R. 7932. and all other Powers vested by this Constitu- lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8 of the U.S. Constitu- tion in the Government of the United States, lation pursuant to the following: tion. or in any Department or Officer thereof.’’ Article I, Section 8, clause 1 provides Con- By Ms. WATERS: By Mr. BARR: gress with the power to ‘‘lay and collect H.R. 7946. H.R. 7924. Taxes, Duties, Imposts and Excises’’ in order Congress has the power to enact this legis- Congress has the power to enact this legis- to ‘‘provide for the . . . general Welfare of lation pursuant to the following: lation pursuant to the following: the United States.’’ Article I, Section 8, cl. 1, To pay debts and Article I, Section 8: The Congress shall By Mr. LEVIN of Michigan: provide for the common Defense and General have power to . . . make all laws which shall H.R. 7933. Welfare of the United States. be necessary and proper for carrying into Congress has the power to enact this legis- Article I, Section 8 cl. 3, To regulate Com- execution the foregoing powers, and all other lation pursuant to the following: merce with Foreign Nations, Among the Sev- powers vested by this Constitution in the Article 1, Section 1 of the Constitution. eral States, and with the Indian Tribes. government of the United States, or in any By Mr. LIPINSKI: Article I, Section 8, cl. 18, To make all department or officer thereof. H.R. 7934. laws which shall be necessary and proper for By Mr. CASTRO of Texas: Congress has the power to enact this legis- carrying into Execution the powers enumer- H.R. 7925. lation pursuant to the following: ated under section 8 and all other Powers Congress has the power to enact this legis- Article 1, Section 8, Clause 18 vested by the Constitution in the Govern- ‘‘To make all laws which shall be nec- lation pursuant to the following: ment of the United States, or in any Depart- Constitutional Authority—Necessary and essary and proper for carrying into execution ment or Officer thereof. Proper Clause (Art. I, Sec. 8, Clause 18) the foregoing powers, and all other powers THE U.S. CONSTITUTION vested by this Constitution in the govern- f ARTICLE I, SECTION 8: POWERS OF ment of the United States, or in any depart- ADDITIONAL SPONSORS CONGRESS ment or officer thereof.’’ CLAUSE 18 By Mrs. CAROLYN B. MALONEY of Under clause 7 of rule XII, sponsors The Congress shall have power . . . To New York: were added to public bills and resolu- make all laws which shall be necessary and H.R. 7935. tions, as follows:

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H.R. 645: Ms. TLAIB, Mr. JOHNSON of Geor- H.R. 6802: Mr. BARR. H.R. 7739: Ms. SPANBERGER. gia, Mr. GARCI´A of Illinois, Ms. WILD, Miss H.R. 6829: Mr. JOHN W. ROSE of Tennessee H.R. 7753: Ms. ESHOO. RICE of New York, Mr. PASCRELL, Mr. and Mr. ESPAILLAT. H.R. 7777: Mr. GRIFFITH, Mr. TAYLOR, Mr. CARBAJAL, and Mrs. MURPHY of Florida. H.R. 6856: Mrs. NAPOLITANO. BANKS, Mr. KELLY of Mississippi, Mr. GON- H.R. 732: Mr. RUSH, Mr. TRONE, Mr. FOSTER, H.R. 6933: Mr. NADLER, Mr. LAWSON of Flor- ZALEZ of Texas, Ms. TORRES SMALL of New Mr. CASTEN of Illinois, Mr. LEVIN of Cali- ida, and Ms. BROWNLEY of California. Mexico, Mr. COSTA, Mr. MARSHALL, Mr. ´ fornia, Mr. KIND, Mr. GARCIA of Illinois, Mr. H.R. 6972: Ms. BLUNT ROCHESTER. BAIRD, Mr. HILL of Arkansas, Ms. STEFANIK, KENNEDY, Mr. BRENDAN F. BOYLE of Pennsyl- H.R. 7079: Ms. CRAIG. Mr. LAMALFA, Mr. BUCSHON, Mr. VAN DREW, vania, and Ms. ROYBAL-ALLARD. H.R. 7111: Mr. MARSHALL and Ms. Ms. KENDRA S. HORN of Oklahoma, Mr. STIV- H.R. 945: Mr. HECK. BROWNLEY of California. ERS, and Mr. COLE. H.R. 1450: Ms. ESCOBAR. H.R. 7197: Mr. HECK, Mr. KILDEE, Mr. H.R. 7786: Mr. POSEY. H.R. 1857: Mr. SMITH of Washington. HORSFORD, Mr. MORELLE, Mr. KIND, Mr. H.R. 7806: Ms. ESCOBAR, Mr. PHILLIPS, Mr. H.R. 2041: Mr. KIND. GREEN of Texas, Ms. ADAMS, Mr. SARBANES, CICILLINE, Mr. YARMUTH, Ms. OMAR, Ms. H.R. 2264: Mr. CONNOLLY and Mr. Mr. SCOTT of Virginia, and Ms. GABBARD. SA´ NCHEZ, Mr. RODNEY DAVIS of Illinois, Mr. RESCHENTHALER. H.R. 7255: Mr. POSEY. GOMEZ, and Ms. CRAIG. H.R. 2653: Mr. CASTEN of Illinois, Ms. H.R. 7272: Ms. PRESSLEY. ESCOBAR, Mr. ESPAILLAT, Ms. WEXTON, Ms. H.R. 7286: Ms. PRESSLEY, Ms. ROYBAL- H.R. 7808: Mr. GIBBS and Mr. BIGGS. OMAR, and Mr. BROWN of Maryland. ALLARD, Ms. WASSERMAN SCHULTZ, Ms. H.R. 7809: Mr. ROUDA, Mr. GROTHMAN, and H.R. 2662: Mr. CORREA. CRAIG, and Mr. ROUDA. Mr. GONZALEZ of Texas. H.R. 2859: Ms. HERRERA BEUTLER. H.R. 7308: Mr. KEATING, Mr. LYNCH, Mrs. H.R. 7814: Mr. FLORES and Mr. ALLEN. H.R. 2878: Mr. BACON. DEMINGS, Ms. JAYAPAL, Mr. KILMER, Ms. H.R. 7820: Ms. MOORE, Mr. CICILLINE, Mr. H.R. 2986: Ms. CRAIG and Ms. STEVENS. CRAIG, Ms. ROYBAL-ALLARD, Mr. LARSON of SEAN PATRICK MALONEY of New York, Mr. H.R. 3010: Mrs. LESKO and Mr. MARSHALL. Connecticut, Mr. GONZALEZ of Texas, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. H.R. 3157: Ms. OMAR. TED LIEU of California, Ms. TORRES SMALL of JOHNSON of Georgia, and Mr. KENNEDY. H.R. 3884: Ms. PORTER. New Mexico, Mr. KIM, Ms. PINGREE, Mr. H.R. 4104: Mr. AMODEI, Mr. CISNEROS, Mr. H.R. 7836: Ms. GARCIA of Texas. WELCH, Mrs. DAVIS of California, Ms. CUELLAR, Mr. PASCRELL, Mr. NEAL, Mr. H.R. 7841: Mr. PAPPAS. HOULAHAN, Mr. OLSON, Ms. KUSTER of New SABLAN, Mrs. DAVIS of California, Mr. H.R. 7842: Mr. BARR. Hampshire, Mr. HIMES, Ms. PRESSLEY, Mrs. ROUDA, Mr. LAMBORN, Mr. RASKIN, Mr. H.R. 7846: Mr. ROSE of New York, Ms. NOR- BEATTY, Mr. CASE, Ms. ADAMS, and Ms. CUNNINGHAM, Mr. MCADAMS, and Mr. TONKO. TON, Mr. POCAN, Mr. WELCH, and Mr. RYAN. SPANBERGER. H.R. 4194: Mr. LYNCH, Mr. WATKINS, Mr. H.R. 7864: Mr. LYNCH. H.R. 7330: Mr. CLEAVER. LUJA´ N, Mr. KINZINGER, Mr. MCNERNEY, and H.R. 7450: Mr. RYAN. H.R. 7883: Mr. TRONE and Mr. FORTEN- Mr. STEUBE. H.R. 7481: Mr. LANGEVIN, Ms. JUDY CHU of BERRY. H.R. 4705: Ms. SCANLON. California, Mr. YARMUTH, Mr. EVANS, Mr. H.R. 7900: Mr. WILSON of South Carolina, H.R. 4712: Mr. SOTO. GONZALEZ of Ohio, and Mr. GOMEZ. Mr. YOUNG, Mr. FITZPATRICK, Mr. TIMMONS, H.R. 4822: Mr. WELCH. H.R. 7490: Mr. COX of California. Mr. KELLY of Pennsylvania, Mr. SAN NICO- H.R. 4932: Mrs. NAPOLITANO. H.R. 7495: Ms. CRAIG and Mr. VARGAS. LAS, Mr. COHEN, and Ms. BASS. H.R. 5076: Ms. MATSUI, Mr. TRONE, Mr. H.R. 7520: Mr. HUFFMAN and Ms. OMAR. H.R. 7908: Ms. SCANLON, Mr. SOTO, Mr. UPTON, Ms. MENG, Mr. CONNOLLY, Mr. NAD- H.R. 7579: Mr. BALDERSON, Mr. PENCE, and VARGAS, Mr. AGUILAR, Mr. HURD of Texas, LER, Mr. GARAMENDI, Mr. AGUILAR, and Mr. Mr. MARSHALL. Ms. TORRES SMALL of New Mexico, Mr. PA- SMUCKER. H.R. 7585: Mr. KHANNA. NETTA, Mr. CORREA, and Ms. SA´ NCHEZ. H.R. 5210: Mr. CORREA. H.R. 7632: Mr. GIBBS, Ms. TORRES SMALL of H.R. 5373: Ms. KUSTER of New Hampshire. H.R. 7916: Ms. JUDY CHU of California, Mr. New Mexico, Mr. DUNCAN, Mr. STEUBE, Mr. H.R. 5390: Mrs. LURIA. PAYNE, Mr. POCAN, Mr. WELCH, and Ms. ELLER TIVERS H.R. 5587: Mr. COX of California. K , and Mr. S . BLUNT ROCHESTER. H.R. 5605: Mr. JOYCE of Ohio. H.R. 7638: Mr. TED LIEU of California and H. Con. Res. 89: Mr. CASE. Mr. POCAN. H.R. 5701: Mr. JOYCE of Ohio. H. Con. Res. 108: Mr. GALLAGHER, Mr. H.R. 7640: Mr. SMITH of Washington, Mr. H.R. 5983: Ms. BARRAGA´ N, Mr. TED LIEU of OLSON, and Mr. WENSTRUP. BUCHANAN, Mr. ZELDIN, Ms. STEFANIK, and California, Ms. LOFGREN, and Ms. MATSUI. H. Res. 958: Ms. KAPTUR. Mr. ESPAILLAT. H.R. 5986: Mr. DANNY K. DAVIS of Illinois. H. Res. 990: Mr. SOTO and Ms. MCCOLLUM. H.R. 6039: Ms. BROWNLEY of California. H.R. 7642: Mr. KIM, Mr. PASCRELL, Mr. H. Res. 996: Ms. KAPTUR. H.R. 6142: Mrs. BUSTOS and Mr. WELCH. KELLY of Pennsylvania, Mr. PANETTA, Mrs. H. Res. 1033: Mr. ROUDA. H.R. 6276: Mr. BRINDISI. AXNE, Mr. SCHWEIKERT, Mrs. HAYES, Mr. H.R. 6585: Mr. FOSTER. MALINOWSKI, Mr. ROUZER, and Ms. CRAIG. H. Res. 1075: Ms. SCANLON, Mr. SOTO, Mr. H.R. 6597: Mr. HIMES. H.R. 7663: Mr. BUCHANAN. VARGAS, Mr. AGUILAR, Mrs. TORRES of Cali- H.R. 6700: Mr. ROONEY of Florida. H.R. 7690: Mr. WESTERMAN. fornia, Ms. TORRES SMALL of New Mexico, H.R. 6722: Mr. FOSTER. H.R. 7699: Mr. SAN NICOLAS. Mr. PANETTA, Mr. CORREA, and Ms. SA´ NCHEZ. H.R. 6745: Ms. JAYAPAL. H.R. 7710: Mr. GREEN of Tennessee. H. Res. 1076: Mr. EVANS, Mr. NEGUSE, Mr. H.R. 6776: Ms. TORRES SMALL of New Mex- H.R. 7728: Ms. BROWNLEY of California. COHEN, Mrs. NAPOLITANO, Ms. SPEIER, and ico. H.R. 7734: Mr. HILL of Arkansas. Mr. TRONE.

VerDate Sep 11 2014 07:01 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A04AU7.005 H04AUPT1 SSpencer on DSK126QN23PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, TUESDAY, AUGUST 4, 2020 No. 138 Senate The Senate met at 10 a.m. and was vember election. This is a request Yesterday, more of our neighbors had called to order by the President pro form, not a ballot, being mailed out to to say goodbye to loved ones whose tempore (Mr. GRASSLEY). everybody. lives were claimed by this virus. Yes- f Iowa’s current absentee ballot sys- terday, more doctors and more nurses tem allows anyone who wants to vote worked long shifts on the frontlines, PRAYER by mail the option to do so. Just send fighting to heal strangers and limit the The Chaplain, Dr. Barry C. Black, of- in the request form when you receive national death toll that now exceeds fered the following prayer: it, or you may download it online, but 150,000. Yesterday, more workers Let us pray. if Iowans prefer to vote in person, that brought home pink slips, and more Eternal Spirit, to whom we must give remains their choice. Main Street businesses saw the end of and account for all our powers and There has been a lot of misinforma- their PPP lifelines fast approaching. privileges, guide the Members of this tion claiming that some massive, Fed- Yesterday, more laid-off Americans body so that they will be faithful stew- eral intervention is needed to allow filed new claims for unemployment in- ards of Your will. citizens to vote by mail. This isn’t true surance or lay awake wondering about Lord, open their minds and hearts to in Iowa or elsewhere. Every State has next month’s rent. Yesterday, more know and do Your bidding, teaching vote-by-mail, and 16 States ask for a school officials wondered what to tell them to rely on Your strength and to reason, such as being over 65, for exam- parents, students, and teachers about serve You with honor. Help them to ple, but most have waived or loosened September. discover in their daily work the joy of this requirement. What happened here in the Capitol yesterday? With the American people a partnership with You. Use them to Some groups are now using the pan- fighting all of these battles and more, bring good news to the marginalized, to demic to push for a Federal mandate what did the Speaker of the House and comfort the brokenhearted, and to an- on States to adopt a new, universal the Democratic leader do with yet announce that captives will be released vote-by-mail system overnight. It took 5 years when Washington State imple- other day of deliberations? Yet again, and the shackled will be freed. mented voting by mail. Requiring it was the exact same refrain. It never May our Senators depend upon the every State to replace its current vot- seems to change: We are feeling opti- power of Your prevailing providence, ing system with a whole new, central- mistic. We spoke very politely to the for You are the author and finisher of ized, mail-only system this close to our administration, but we are still no- our faith. November election is a recipe for dis- where close on the substance. We pray in Your great Name. Amen. aster. In such a system, every reg- It has now been more than a week f istered voter, including those who have since Senate Republicans released a se- PLEDGE OF ALLEGIANCE died or moved away, would automati- rious proposal for another major rescue cally be mailed a ballot with no voting package—$1 trillion for kids, jobs, and The President pro tempore led the healthcare. The Democrats are block- Pledge of Allegiance, as follows: in person. Every Iowan who wants to vote ab- ing it all. It is like they expect ap- I pledge allegiance to the Flag of the sentee in November can do so, and plause for merely keeping a civil tone United States of America, and to the Repub- those who want to vote in person can with the President’s team—never mind lic for which it stands, one nation under God, they are still obstructing any action indivisible, with liberty and justice for all. also do so safely. It is a voter’s choice and should remain so. for our country. The PRESIDING OFFICER (Mrs. I yield the floor. Senate Republicans want to revive a HYDE-SMITH). The Senator from Iowa. Federal add-on to unemployment in- f Mr. GRASSLEY. Madam President, I surance, which the Democratic leader ask unanimous consent to speak for 1 RECOGNITION OF THE MAJORITY would not let us extend last week. We minute in morning business. LEADER want to send another round of direct The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ma- checks straight into families’ pockets. objection, it is so ordered. jority leader is recognized. We want to supply generous, new in- f f centives for rehiring American workers and workplace safety. We want to send ABSENTEE VOTING HEALS ACT historic money to schools for reopening Mr. GRASSLEY. Madam President, Mr. MCCONNELL. Madam President, and invest even more in testing and Iowa’s secretary of state Paul Pate will another day has come and gone in this vaccine research. We want legal protec- mail an absentee ballot request form to once-in-a-century national battle for tions so schools, churches, charities, every registered Iowa voter for the No- our country. and businesses can reopen.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S4679

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.000 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4680 CONGRESSIONAL RECORD — SENATE August 4, 2020 The Democrats say they want many ANDER. The ranking member on Small RESERVATION OF LEADER TIME of the same things. I certainly believe Business cannot even discuss PPP with The PRESIDING OFFICER. Under that many of my Democratic col- Chairman RUBIO and Chairman COL- the previous order, the leadership time leagues who serve as ranking members LINS. is reserved. want many of the same things and No, no; the Speaker and the Demo- f could easily find common ground with cratic leader only want themselves at our chairmen if the Democratic leader the table so that behind closed doors EXECUTIVE SESSION would let them talk. Instead, we have they can say that nobody gets another gotten a full week of the Speaker of dime of Federal unemployment money; the House’s and the Democratic lead- nobody gets extra school funding; and EXECUTIVE CALENDAR er’s shutting out all of their own Mem- nobody gets more money for testing The PRESIDING OFFICER. Under bers and refusing to move an inch off of and PPE unless they burn cash on 1,000 the previous order, the Senate will pro- demands that everyone knows are out- unrelated things. ceed to executive session and resume landish. I am talking about things like stim- consideration of the following nomina- The Democratic leaders want the en- ulus checks for illegal immigrants; a tion, which the clerk will report. tirety of their massive, far-left wish trillion-dollar slush fund for States, The senior assistant legislative clerk list—all of it. Speaker PELOSI is still even though States and localities have read the nomination of Mark Wesley agitating for strange, new special in- only spent a quarter of the money we Menezes, of Virginia, to be Deputy Sec- terest carve-outs for the marijuana in- sent them in March. Let me say that retary of Energy. dustry—even claiming they are COVID- again—a trillion-dollar slush fund for Mr. MCCONNELL. Madam President, related. She said that, with respect to States, even though States and local- I suggest the absence of a quorum. this virus, marijuana is ‘‘a therapy ities have only spent a quarter of the The PRESIDING OFFICER. The that has proven successful.’’ You can’t money we sent them in March. In my clerk will call the roll. make this up. I hope she shared her State, the State administration only The senior assistant legislative clerk breakthrough with Dr. Fauci. In the spent 6 percent of the money we sent proceeded to call the roll. other corner, Leader SCHUMER is still them—6 percent—diversity and inclu- Mr. SCHUMER. Madam President, I demanding massive tax cuts for rich sion studies, a soil health program, and ask unanimous consent that the order people in blue States or he won’t let on and on and on. for the quorum call be rescinded. any relief become law. The House bill does all these things The PRESIDING OFFICER. Without These are the kinds of nongermane objection, it is so ordered. pet projects that our Democratic col- while completely forgetting a second round of the Paycheck Protection Pro- RECOGNITION OF THE MINORITY LEADER leagues are demanding—not a dime for The Democratic leader is recognized. kids, jobs, and healthcare unless the gram—no second round for PPP—and administration let’s them check off sending less money for schools than CORONAVIRUS every leftwing lobbyist’s Christmas list the Senate bill. Mr. SCHUMER. Madam President, I 5 months early. This is what they will not budge just listened to my friend the Repub- Let’s listen to what Speaker PELOSI’s from. And every day the script is the lican leader. The Republican leader is own House Democrats said about this same, and the script is: We had a pleas- so tied in a knot by his own caucus and bill when they passed it. Here is what ant conversation, but we don’t feel like his President that all he can do is give House Democrats said about the bill making a deal. Maybe tomorrow. Alice-in-Wonderland, partisan speech- that Speaker PELOSI and the Demo- Here is the problem: Every day the es. All he can do is threaten to force cratic leader now say is their absolute Democratic leaders repeat the same sham votes that will not pass and will redline: act here in the Capitol, they are letting not answer the anguished cries for help One quote: ‘‘The partisan nature and down the struggling people who need that are coming from so many of our wide scope of this bill make it doomed our help. Day after day, Americans are fellow Americans. upon arrival in the Senate.’’ trying to stay above water—layoffs, On the other hand, over the weekend Another quote: ‘‘In response to benefit cuts, threats of eviction, the and yesterday, Speaker PELOSI and I COVID–19, our relief efforts must be possibility of losing a family business continued our negotiations with the targeted, timely, and transparent. The forever, towns wondering if their Main White House on the next phase of HEROES Act does not meet those Streets will ever come back, school COVID-relief legislation. After a week standards.’’ principals with no idea what to tell of stalled talks because Republicans Another quote: ‘‘This isn’t a plan; it’s communities. could not articulate a position on hardly anything, I believe we are making a wish list.’’ That is the reality in Kentucky and progress. We came closer together on Another quote: ‘‘Partisan gamesman- in all 50 States, and none of these peo- several issues; however, we remain far ship.’’ ple are helped one bit, not one bit, by apart on a number of issues, but we are Another quote: ‘‘Some in my own the Democratic leaders’ charade. party . . . have decided to use this finally moving in the right direction. package as an opportunity to make po- What American families need is an At the moment, the gap between our litical statements and propose a bill outcome, a bipartisan result. Senate two parties in the negotiations is about that goes far beyond pandemic relief Republicans have had a roadmap sit- priorities and about scale. As this huge and has no chance at becoming law, ting on the table for more than a week. crisis engulfs our Nation, Democrats further declaring the help so many We didn’t put every Republican wish believe we need a bold, strong, and vig- need.’’ list item in history into an 1,800-page orous response from the Federal Gov- Those are quotes from House Demo- encyclopedia and insist on starting ernment. It will take a lot of resources, crats’ views about the so-called Heroes there. but if we don’t commit those resources Act, but now the entire thing is the We built a serious starting place now, for sure the costs will only grow price of admission for giving hard-hit based on the bipartisan programs we in the months to come. Americans any more aid. passed back in March—unanimously, Democrats are fighting to meet the What worked back in March with the by the way—and what the country needs of a desperate nation. Our Repub- CARES Act were productive and good- needs now. lican friends, however—President faith conversations between chairmen If our colleagues across the aisle Trump, his aides, and the Republicans and ranking members—a bipartisan would do the same—frankly, if our col- in the Senate—do not seem to appre- process led by Members. leagues across the aisle were even al- ciate the gravity of the situation. They But this time, the Speaker and the lowed—allowed to take part in the dis- do not understand the needs of the Democratic leader have forbidden their cussions, we could get this done for our country that are so great, and they are Members from negotiating at all. The country. We did it in March. We could not stepping up to meet those needs. ranking member on HELP cannot even do it again, but both sides have to ac- This disease has washed over our coun- discuss testing with Chairman ALEX- tually want it. try like a great flood, and Republicans

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.002 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4681 are acting as if we need to fix a leaky patently unworkable. It will take We have a big, broad, huge crisis—the faucet. weeks and months if we adopt the Re- greatest health crisis in 100 years, the Some of our Republican friends seem publican proposal before any checks greatest economic crisis since the to be going through the motions, con- wind up in the hands of millions of Great Depression—and we have a lot of tent to pass a bill—any bill so they can Americans, and our State unemploy- Herbert Hoovers over here who don’t check a box and go home—but a bill ment offices that administer this pro- want to do anything—a lot of Herbert that doesn’t come close to meeting the gram agree. Hoovers on the Republican side. Well, needs of America. We cannot do that. So Republicans need to step up to the remember what happened then: By not We cannot pass an inadequate bill and plate and work with us to find a solu- meeting the crisis head-on, they cre- then go home while the virus continues tion that shields millions of jobless ated the Great Depression—the Repub- to spread, the economy continues to Americans from further economic licans did—under Hoover. Let’s hope deteriorate, and the country gets hardship. State, local, and Tribal gov- our Republican friends see the light worse. No box checking will work. We ernments have fought this evil virus on and won’t make that same mistake need real action. their frontlines with budgets strained. again. We need a relief package that actu- They are at risk of shedding teachers, Let me remind my Republican col- ally rescues American families, Amer- firefighters, bus drivers, sanitation leagues, when there is a crisis of this ican schools, and American businesses; workers, slashing public services. magnitude, the private sector cannot that helps defeat this evil virus and My good friend Senator CARPER is solve it. Individuals alone, even with prevents our economy from sliding into leading a group of Democratic Senators courage and sacrifice, are not powerful a depression. Democrats are going to to talk about these issues today be- enough to beat it back. Government is keep fighting until we get there. cause Senate Republicans and the the only force large enough to staunch Republicans on both ends of Pennsyl- White House do not believe in giving the bleeding and begin the healing of vania Avenue are not yet awake to the support to our State and local govern- the Nation. enormity of the challenge, and we see ments. That is not an abstract concept. One of the main reasons holding it across a whole range of issues. Again, these are firefighters and teach- things back—there are so many Repub- For example, Democrats believe we ers and bus drivers and healthcare licans on the other side who do not behave an obligation to help every Amer- workers. We don’t care if they are a lieve the Federal Government even has ican put food on the table. Our Repub- blue State or red State; they need the a role to play. Leader MCCONNELL has lican friends start negotiating by say- help. admitted not once, not twice, not three ing they don’t think we need to do any- We must also address our elections times, but four times that there are as thing to help hungry families and chil- and make sure that Americans can many as 20 Senate Republicans who dren, but maybe they can compromise vote safely and confidently with the will vote against any relief package for and help feed a small percentage. That new challenges of coronavirus for the the American people. is not going to cut it. Let’s say 1 mil- first time in a national election. That Those Republicans, who seem to be lion families can’t feed their kids. The means they need to be able to vote in- the tail that wags the dog—and it is a Republican bill has zero, and we cover person and by mail, whichever they pretty big tail with over 20 votes— all 1 million. To say ‘‘Let’s compromise choose. Adequate funding for State those Republicans don’t get it. We and only cover half of them’’ is cruel election systems in the post office know you like the private sector over and not going to solve the problem. shouldn’t be a partisan issue. This is government, but there are times when We want to see all our schools reopen about preserving elections, making there is nothing but government that in the fall, but they need the resources them fair, making every ballot count. can step up to the plate and solve the and guidance to do it safely—not 25 That is the wellspring of our democ- problem, and this is one of those times. percent of the resources, not half. racy, and it is COVID-related, and our Faced with the greatest economic Schools need funding for masks and Republican friends are resisting. threat in 75 years, the greatest public PPE, for converting space into more We are still fighting to get enough health crisis in a century, more than a socially distant classrooms, for updat- funding for testing and contact trac- third of the Senate Republican major- ing their ventilating systems. Some ing. It is extraordinarily frustrating ity will not vote for anything to help need to double the number of buses to that 7 months into this crisis Demo- the American people. Those very same keep from packing kids together on the crats still have to argue with our Re- Republicans gleefully voted to give a morning route to school. It is going to publican colleagues about delivering $1.5 trillion tax cut to help giant cor- cost money, and the Republicans have enough support for testing, contact porations pad their profit margins, but to understand that. Parents must have tracing, Medicaid, and our healthcare helping Americans put food on the confidence that if their school is going system. table, go back to school safely, keep a to reopen, it has the protocols and in- These are just some of the many roof over their heads, and survive a frastructure in place to keep their chil- issues we need to work through. When global pandemic—that is a bridge too dren safe. people ask ‘‘What is holding things far. How out of touch can they be? It is the same with unemployment. up?’’ it is our view that not only are These folks cannot be allowed to dic- Over 50 million Americans have filed our Republican friends disorganized tate our policy. By their own admis- for unemployment with millions more and all over the lot, not only is Presi- sion, they will not vote for anything. filing new claims each week. We pro- dent Trump tweeting about so many Remember that when Leader MCCON- posed extending the enhanced unem- different things but not taking any NELL claims that Senate Democrats are ployment benefits that Democrats se- leadership in this crisis but, most of the obstacles to progress. More than cured in the CARES Act through the all, that we must meet the needs of one-third of the Senate Republican end of the year. The policy has kept as this enormous crisis and really help caucus doesn’t want to vote for any- many as 12 million Americans out of the American people. We need a strong, thing. poverty and boosted consumer spend- robust bill. We are working hard for This week, our Republican colleagues ing—one of the few bright spots in our that. Our Republican colleagues, inch have two choices. They can engage in economy. But Republicans are intent by inch, are beginning to see the light. the same kind of political theater that on slashing those benefits or letting I hope more of them will. preluded the CARES Act. Leader them expire long before the crisis is There are so many issues we must MCCONNELL can schedule a show vote over. One Republican proposal would work through. Democrats want to get a on legislation that even his own caucus give newly out-of-work Americans a 30- deal done, but we need answers for all will not support and, again, in his percent pay cut; another would give of them—not just a few. We can’t pick Alice-in-Wonderland style, get up on them a 33-percent pay cut. out one or two: Oh, we will help schools the floor and say that Democrats are The Trump administration’s own De- but not kids who need food. That the ones blocking it. He can engage in partment of Labor warned us that doesn’t work. That doesn’t work. We the same partisan maneuvers that have these proposals, which would pay a per- will help small businesses but not the resulted in failure and won’t answer centage of a worker’s former wage, are unemployed. That doesn’t work. the anguished cries of Americans.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.004 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4682 CONGRESSIONAL RECORD — SENATE August 4, 2020 As I said earlier—and I want to re- doesn’t have anyplace to go back to. benefits when you go back to work peat it—the Republican leader is so She said one thing that still sticks that really count, like the health in- tied in a knot by his own caucus and with me. She said: I started working surance policy that had the doctor and this President that one of his only op- when I was 15. I worked 36 years. You the hospital which you and your family tions is to give Alice-in-Wonderland, know how many weeks, Senator, that I need. partisan speeches and maybe force a have had on unemployment in my 36- In June, the Illinois unemployment sham vote that will not pass and will year work experience? rate dropped to 14.6 percent, and the not answer the anguished cries for help I said: No. State added 142,000 jobs, but that un- from so many Americans. She said: One. This notion that I employment rate of 14.6 percent is the On the other hand, Senate Repub- would rather stay home and draw un- greatest we have faced since the great licans could roll up their sleeves, wake employment than go back to work, recession. Since the beginning of up to the crisis in our country, and fig- that isn’t who I am. I have proven over March, around 1.7 million unemploy- ure out what they can support. I think a lifetime that I am not someone who ment claims had been filed in our State we are all ready for the Republican ma- really doesn’t want to earn their pay. of a little less than 13 million people. jority to figure out just what that is. Her enhanced unemployment, if it ex- That is nearly 10 times the number of What is dictating our policy and our pires, would mean that her bills—in- claims processed during the same pe- positions on the Democratic side is cluding paying rent—just can’t be paid. riod a year ago. The same thing is true very simple: the national need—large, Jesus Morales worked at the Drake in neighboring States like Kentucky, large, large. That is our North Star, Hotel in Chicago for 33 years and made where the unemployment claims are 10 and we are going to keep pressing for- up to $1,700 a week. He reminds me that times what they were a year ago. ward with the hard work of negotia- I met him 20 years ago when he was a Nationwide, around 30 million Ameri- tions, hopeful that we can get a deal bartender and a waiter at an event that cans are relying on enhanced unem- done to help the country in a time of I attended. Well, he has been laid off ployment benefits just to keep things severe crisis. since March, and without the $600 pay- together. Trust me, they tell me. We I yield the floor. ment, he is afraid he will not be able to are not saving this money. We are not The PRESIDING OFFICER. The Sen- make his mortgage payment, and the investing this money. We are spending ator from Illinois. COBRA payment, which covers his this money as fast as it is handed to us Mr. DURBIN. Madam President, I health insurance for his family, would to pay for our home, our car, utilities, have a recommendation for my col- be impossible. and food. leagues in the Senate. I recommend, as Samantha Arce is a mother of three. The Republican approach would cut the Senator from New York does, that She just gave birth a few weeks before the unemployment benefit check from they go home—literally, leave Wash- the lockdown began. Her place of work the Federal Government from $600 a ington, go home, and meet up with the is closed, and her fiance has lost his week to $200 a week—a $400 cut. It people who sent them to Washington to job. They quickly went from two work- would then require States to put in work for them. I did last Friday, as I do every week- ing parents with three kids to no workplace a complex system of 70 percent end. I asked specifically to meet with ing parents. Enhanced unemployment wage replacement. It sounds so logical five individuals who are out of work. I payments help them pay hospital bills that if you are unemployed, you get 70 wanted them to tell me their story and and care for their young kids. She percent of your paycheck. to share that story with the people of brought her little boy. He is about 4 or That is an interesting formula. How Chicago. It was quite a moving experi- 5 months old—cute little fellow. He do you make a formula like that work? ence. smiled throughout the whole event. Well, you have to gather a lot of data We have 800,000 Illinoisans who are Little did he know what was going on about what a person was earning when claiming unemployment. Now there is in the minds of his mom and dad as they were employed and then put that a possibility that the $600 a week Fed- they try to cope with the political deci- into a computer, in terms of the pay- eral benefit that was coming to them sions being made in Washington. out each State would make under this to help pay their bills will disappear. Losing that $600-a-week payment, new formula. It is different than what Technically, it ended last Friday. which the Republicans have proposed, States are already doing. What we So I asked these unemployed Illi- would really create a devastating situ- found out is, States are very different noisans to tell me their story. ation for these families and these indi- when it comes to their computer tech- Roushaunda Williams told me a story viduals. I hear regularly and have nology. We were told that, inciden- about being a bartender for 19 years at heard it for a long time—there is this tally, by the Trump administration the Palmer House Hilton before being notion that if you are unemployed, you when we established the $600-a-week laid off in March. She earned signifi- are just not trying hard enough. There payment. They told us back in March: cantly more while working than she is are jobs out there, they say. Don’t make this too complicated. receiving in unemployment. She is lit- Well, that is not what the numbers Make it simple, a flat dollar amount erally worried she is going to lose her tell us. There are four unemployed because these 50 States have computers home and healthcare if she loses that Americans for every available job— that range in sophistication from $600 a week. four for every available job. And em- primitive to the most modern, and Andres Moreno worked at a res- ployers who say: Well, if so-and-so they are not going to change these taurant in downtown Chicago before would come back to work, but they are computers in time to help the people the pandemic. He was pretty proud of making too much on unemployment— who are currently unemployed. his career, working in the restaurant of course, that is the case in some in- The Republicans seem to have forgot- business. He said: I did well. He and his stances, but it is rare. Did you know ten what we were told by the Trump husband have both lost their jobs and that of the Americans who have gone administration when we initially en- their health insurance. Without the ad- back to work since we began this pan- acted the $600-a-week payment. This 70 ditional $600 a week in unemployment demic assault, of those who have gone percent payment for unemployment compensation, they will not be able to back to work, 70 percent are making doesn’t work if the computers can’t even buy health coverage. less than they made on unemployment? make it work, and we are told it will Aileen Dimery is an interesting per- Well, why would they make that eco- take anywhere from 2 months to 5 son. She is in lighting technology. Her nomic decision to go back to work and months for these computer systems to job involves big events. They set up the make less than unemployment? even try. lights for concerts and other gath- Well, it is just like Aileen. They are What are these families supposed to erings for thousands of people. She workers. At their heart, they are work- do, the ones I just described to you, said: Nobody knows I am there, but I ers. No. 1, they believe in the dignity of while the computer systems are being do. I am one of the first women who work; they are proud of what they do; retooled, and who is going to pay for has ever been in this profession. and they want to go back to doing it. the retooling? If the States can’t im- Well, those big concerts and crowded No. 2, they know unemployment is not plement this program, and, instead, the venues aren’t there anymore. Aileen forever. No. 3, sometimes there are flat cash payment goes from $600 to

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.005 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4683 $200 for month after month after consumption by 20 percent more than week to pay the bills. It is pretty tough month, trust me, the lines at the food White households. That is the reality. to come to the floor each day and criti- pantries will be longer than ever. Let me address two or three particu- cize the Democrats for not showing The Economic Policy Institute has lars raised by the Senator from Ken- success in negotiations when the Re- estimated that cutting this benefit to tucky about the state of play as we try publican leader in the Senate is boy- $200 a week will reduce our gross do- to negotiate a satisfactory conclusion cotting the negotiation meetings. What mestic product by 2.5 percent and cost and next step. The first point: This is that all about? I have been around us 3.4 million jobs. Just what we need, week marks the third month—the third here for awhile. I have never seen that more unemployment, thanks to the Re- month since Speaker NANCY PELOSI before where one leader is inten- publican formula. and the House Democrats passed a res- tionally staying away from the nego- Research from the JPMorgan Chase cue package. For 3 months, their ef- tiations. I don’t see how that can end Institute suggests the enhanced bene- fort, called the Heroes Act, has been well. fits have helped thousands of house- sitting on the desk of Senator MCCON- I see my colleague from Texas has holds to continue purchasing critical NELL. Initially, he said: I don’t feel a come to the floor. I want to say a word needs: food, diapers, and the basics. Al- sense of urgency to address this issue. about a proposal which he is promoting lowing these benefits to expire will re- Then he went on to say: We haven’t and is likely to speak to this morning sult in household spending cuts and a spent all the money we appropriated before I turn the floor over to him. reduction in economic activity, which the first round. Remember when Senator MCCONNELL is exactly the opposite of what we need Whatever the reason, it wasn’t until came to the floor in the last several to do right now. 7 days ago that the Senate Republicans months and said: I am drawing a red- This weekend, on television, there kind of made a proposal. The only line. When it comes to any negotia- was a governor from the Federal Re- thing we have seen specific in writing tions, this redline is liability immu- serve in Minneapolis who basically was their proposal for liability immunity for corporations, and if you don’t said: This is exactly the wrong time to nity, which I will address in a moment. accept my language on liability immu- cut back on benefits to the unem- The rest of the things were oddly pre- nity, there will be no negotiations, and ployed. sented as potential legislation, which there will be no positive outcome—red- And when the questioner said to him: would be brought to the floor of the line. Well, what about our deficit? Senate. He made that speech over and over He was very frank about it. Yes, for Imagine that? We have the White again as he warned us about the flood, the time being, it will add to the debt House and congressional leaders sitting the tsunami—‘‘tsunami’’ was his of the United States, but if the econ- down negotiating, and Senator MCCON- word—the tsunami of lawsuits that are omy recovers, which we all have to NELL said: Well, the Republicans will going to be filed by people, by trial work to achieve, that recovered econ- bring a bill to the floor. Well, if you lawyers, these mischievous, frivolous omy will be able to take care of that follow the Senate, six or eight different lawsuits, over the issue of COVID–19. debt. That is something to keep in bills to the floor, the first swipe is So we kept wondering, when are we mind too. It isn’t just for the benefit of going through Republican majority going to get to see Senator MCCON- the families who are unemployed; it is committees. Second, how long is that NELL’s liability immunity proposal? We for the benefit of the overall economy going to take for us to debate and then waited week after week after week. to put money back into it now. negotiate between whatever we pass Nothing. Just speeches on the floor. We learned in basic economics that if and what is pending in the Heroes Act? And then last Monday it was un- you want to get out of a recession, the It makes no sense. veiled—a 65-page bill. We finally got to first dollar the government gives away But I will tell you what makes even see what he was talking about. It is un- should be to the unemployed. They will less sense. In the negotiations, these derstandable why they held it back. It spend every penny of it, and they will delicate and important life-changing is the biggest giveaway to the biggest spend it and then have it respent into negotiations that are taking place on businesses in America in modern mem- the economy over and over again. That Capitol Hill—these negotiations to de- ory. This bill would literally override is how you create consumer demand. termine what is next now that the $600 State laws that have been passed to That is how you create demands for Federal payment has expired under un- deal with this issue of culpability and business activities, goods, and services. employment, for example—in these ne- blame when it comes to the pandemic So, I want to make it clear from gotiations, there are six chairs. One we face. what I learned last Friday in Chicago. chair is occupied by the Chief of Staff Twenty-eight States have already en- No one—no one is getting rich off of to the President of the United States, acted laws to deal with it. This McCon- unemployment. They are using their Mark Meadows. Another chair is occu- nell-Cornyn proposal would override unemployment benefits to survive. Av- pied by Secretary Mnuchin from the those State laws. Sadly, their proposal erage rent is about $1,400 a month in Department of the Treasury. The third would give incentives to cut corners this country. COBRA health insurance, chair is Speaker of the House, NANCY when businesses deal with health and where you pick up the health insurance PELOSI. The fourth chair is CHUCK safety in the midst of this pandemic. policy from the employer that just laid SCHUMER, the Democratic leader of the This bill would jeopardize frontline you off, runs about $1,700 a month for a U.S. Senate. But there are two empty workers and families, and, sadly, it family and $600 a month for an indi- chairs in this room for negotiations. would risk further spread of the virus. vidual. The average cost of food for a Those two empty chairs should be oc- Here is my top-10 list of what is male adult in America, between $200 cupied. One should be occupied by wrong with this bill that is proposed on and $400 a month. Add it all up. There KEVIN MCCARTHY, the Republican lead- liability immunity: isn’t much left over. And if the Repub- er of the House. He is not there. He First, the bill does nothing to protect lican proposal of cutting $400 a week doesn’t attend these negotiations. And workers, improve safety standards, or from each of these unemployed be- the other, of course, should be occupied give businesses any incentive to take comes the law of the land to try to by Senator MCCONNELL, the Republican the proper precautions. make ends meet, workers of color have leader of the Senate. We had a hearing in the Judiciary a disproportionate impact when it He has enough time to come to the Committee. I believe the senior Sen- comes to this economic collapse. floor each day and criticize Speaker ator from Texas was at this hearing. A Overall unemployment was 11.1 per- PELOSI’s measure that she passed 3 fellow representing a convenience store cent in June. Unemployment among months ago, but he apparently doesn’t chain in Texas—his last name was Black workers is 15.4 percent. It is 14.5 have time to attend negotiations which Smartt—was the Republican witness. percent for Latinx workers. According could resolve the differences between He was a very good witness, I might to the National Bureau of Economic the House and Senate and finally bring add. He told us how, in the hundreds of Research, Black households cut their to rest the concerns of millions of convenience stores he had in Texas, his household consumption by 50 percent Americans about whether or not there company was literally doing every- more and Latino households cut their will be enough money coming in next thing they could think of to make the

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.006 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4684 CONGRESSIONAL RECORD — SENATE August 4, 2020 work environment and the customer’s safety laws, Federal bills, laws like the Ninth, the bill is entirely one-sided environment safe. He talked about so- Fair Labor Standards Act, the Ameri- in favor of corporations. Under the bill, cial distancing and masks and sani- cans with Disabilities Act, OSHA, and corporations get immunity as defend- tizers. They were doing everything many, many more. ants but can still bring COVID-related they could. But his plea to us was: Sen- Sixth, my Republican colleagues say cases as plaintiffs. Only workers and ators, what is my standard of care? this bill is aimed only at frivolous infected victims have their rights cut What is the standard I am expected to coronavirus lawsuits, but the bill off by this bill. achieve? If I know that, he said, I can would wipe out legitimate claims by Finally, the bill even goes so far as to move forward and meet that standard, workers and victims. By forcing all allow corporations and the Department and I am going to. I am committed to COVID lawsuits to meet a higher of Justice to sue the workers for bring- it. standard of proof, heightened pleading ing claims for COVID infection. Do you know what? I believed him. I requirements, limits on discovery, and The liability immunity this bill believed his was a good-faith position. other restrictive hurdles, the bill would would grant would last for 5—5 years. He said he wanted to know the stand- make it nearly impossible for workers The fact that our Republican col- ard—the public health standard—ex- and victims to even file a claim, let leagues are proposing 5 years of immu- pected of him, and he would meet it. alone prevail. nity for corporations but only a hand- I want to tell you, if somebody Seventh, the bill would upend the ful of months of assistance for workers turned around and sued him afterwards medical liability laws of all 50 States and families tells you their priorities. because of that, I am convinced that and impose 5 years of sweeping Federal This Republican corporate immunity there isn’t a jury in America—let alone preemption for nearly all healthcare li- proposal is not credible, and there are in Texas—who would find him to be lia- ability cases, including for claims that serious questions as to whether it is ble for negligence or recklessness. He are not related to COVID. even constitutional. This is an area I went through this and read it over did what he was asked to do. He fol- traditionally governed by State law. and over again because I used to deal lowed the standards he was given. But Twenty-eight States have adjusted with medical malpractice cases. I his plea to us was: ‘‘Give me a stand- their laws to address it during this heard, on the floor, Senator MCCON- ard. I don’t know where to turn.’’ That pandemic. The Federal Government NELL and Senator CORNYN say: ‘‘We is what he told us. has deferred to the States on nearly have to protect the doctors. We have to The second concern I have with this every aspect of COVID response—this protect the hospitals. We have to pro- bill is that it would gut existing State President said: Leave it to your Gov- tect the nurses.’’ That, of course, ap- law safety standards. It would federally ernor; leave it to your mayor—from peals to all of us because we feel such preempt the right of workers and vic- testing, to procuring PPE, to mask a debt of gratitude to the healthcare tims to bring cases under State law to policies, to stay-at-home orders. There workers and what they are going seek accountability for coronavirus-re- is no reason why the Federal Govern- through to protect us. So I took a look, lated harms and would supplant State ment now wants to step in at the ex- and it turns out that they compiled the laws that require businesses to act pense of workers and at the expense of statistics on the number of medical with reasonable care. customers. malpractice cases filed in America, in Under the bill, the only way a victim I urge my colleagues to oppose the the entire Nation, that mention Republican corporate immunity bill. could hold a business liable is if the coronavirus or COVID–19. Do you know I yield the floor. victim proves by clear and convincing how many medical malpractice cases The PRESIDING OFFICER (Mrs. evidence—a higher standard than have been filed during what they call a LOEFFLER). The Senator from Texas. most—both that the corporation didn’t tsunami—a tsunami—of frivolous law- Mr. CORNYN. Madam President, it even try to comply with the weakest suits against medical providers? How was fortuitous that I was here on the available safety guideline and also— many do you think in the course of floor when my friend from Illinois de- also—that the corporation was grossly this year? Six. In the entire Nation of cided to talk about the liability provi- negligent. I can just tell you, having 50 States, 6 lawsuits—what a tsunami. sions of the bill we filed last week, the spent a few years making a living as a The provision on medical mal- next installment in the COVID–19 re- lawyer, that those are almost impos- practice goes further and says: You sponse. Let me just spend a couple of sible standards to meet. don’t have to prove that you were deal- minutes talking about the issues he Third, by setting an immunity ing with coronavirus to get this special raised. threshold at ‘‘gross negligence,’’ the treatment. You can say that the My friend, our colleague from Illi- bill would immunize corporations from coronavirus had some impact on you as nois, is a very talented lawyer. He has accountability for conduct that meets a medical provider. a lot of great experience in the court- the standards to prove negligence or Some impact. That is it? What does room. He understands how courts work recklessness under current State law. that mean? Coronavirus has had an im- and how the litigation practice works. So you can get away with negligence; pact on every single American. Some I think at last count I saw that you can even get away with reckless- impact? It basically means that all roughly 3,000 to 3,500 lawsuits had been ness; but, boy, you just better not show medical malpractice suits are going to filed. I don’t know what the exact num- gross negligence. That is what the bill be put on hold for 4 or 5 years regard- ber is, but it is pretty irrelevant be- says. less of the circumstances, regardless of cause there is ordinarily, under State Fourth, the bill would enable cor- whether they had anything to do with tort laws—at least in my State—a 2- porations to be shielded from liability COVID–19. year statute of limitations for a per- even if they make no effort—no effort— Eighth, the bill aims to solve a prob- sonal injury lawsuit. So I guarantee to comply with the guidelines from the lem that does not exist. We are months you that the flood is coming. Having Centers for Disease Control, due to the into this epidemic, and there has been survived one pandemic, the American way the bill treats nonmandatory no tidal wave of worker or victim law- economy is going to have to withstand guidelines. Why would Congress feder- suits that justifies this massive Fed- a second pandemic of opportunistic ally preempt State laws and then allow eral preemption of State laws and lawsuits. businesses to ignore the Federal CDC grants of broad immunity. Out of 4.7 I think it is going to be hard for peo- safety guidelines? million Americans—and that is a low- ple to prove where they acquired the Fifth, instead of establishing strong, ball number—4.7 million Americans virus. Ordinarily, that would be an ele- clear, enforceable Federal safety stand- who we think have been infected by ment of the plaintiff’s burden of proof, ards by OSHA and CDC, the Republican COVID–19, there have been 6 COVID but we know that in jury trials, where bill would go the other direction and medical malpractice suits, 17 consumer expert witnesses are hired, all they shield businesses from enforcement personal injury suits, and 75 condi- would need to say is that it is more proceedings under Federal health and tions-of-employment suits. Many of the likely than not that they got it at this safety laws; in other words, specifically lawsuits involving COVID–19 are be- daycare center or this nonprofit or in protecting businesses from being held tween insurance companies: Does your this hospital—enough to create a ques- accountable under existing health and policy cover, or does your policy cover? tion for the jury. Then it is really a

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.008 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4685 matter of whose expert witness you be- going to recover, rebound from this that. I know we are still a long way lieve, and, of course, the chances are now that we have learned how to treat away from a negotiated resolution of that you will be found responsible people with the COVID–19 virus better the things that separate us here on this based upon that contested factual to save more lives, to prevent them next COVID–19 bill, but I agree with issue. from going on ventilators and the like? the majority leader that this is an es- It is more likely, I believe, that these And, as we are in a race to come up sential ingredient in that next bill. lawsuits will have very little merit. with better treatments and, hopefully, Prior to the arrival of COVID–19 in The juries will be very skeptical of a vaccine—which will be the gold America, the Texas economy was these lawsuits because they understand standard, I believe, in terms of our booming, along with the rest of Amer- that this pandemic came out of no- learning to live with this virus—what ica’s economy. Businesses have flocked where. Actually, we know where it is going to happen to the economy? to Texas, creating new jobs and at- came from: China. But nobody was What is going to happen to the jobs tracting top talent from around the fully aware of all of the circumstances that used to be there but which no country. People are literally voting under which we would need to respond. longer exist because of the recession we with their feet and coming to where We have had to adapt as time has are in? they have an opportunity to work, pro- gone on, and we have had different ad- The threat of this second pandemic of vide for their family, and pursue their vice from the CDC and the national ex- litigation—opportunistic litigation— dreams. perts. For example, I remember—I will be a body blow to an economy that We began the year with a 3.5-percent went back and checked. The CDC didn’t wants to reopen, to people who want to unemployment rate in Texas—3.5 per- recommend that we wear masks until go back to work safely, to children who cent, just one-tenth of a percent above roughly April. Before that, they were want to go back to school, to parents the historic low set last summer. But really considered ineffective. So if who want to have a daycare facility as the pandemic began its deadly sweep somebody files a lawsuit saying, well, watch their children in a safe environ- across the country, everything you should have been wearing masks at ment while they go back to work. changed. Texas businesses, as were re- your workplace, and because you One of the things we have talked quired, closed their doors to stop the didn’t, somebody got the virus, well, about during all this is essential work- spread of the virus, and millions of what is the timeframe in which that ers. Well, I think all work is essential. workers were suddenly without a pay- guidance would apply? Would it be ret- It is important. It is important to our check. roactive to January, when the virus personal well-being, it is important to We didn’t know when our economy first broke out here in the United our economy, and it is important to would begin to recover, when we would States, or would it be sort of based on the families who depend on the wage reopen to a point where those who were lessons learned down the road? earner to bring home a paycheck so laid off work could come back safely. Here is the real problem: My friend that they can put food on the table and And we knew State unemployment from Illinois knows that lawsuits are pay the rent. benefits alone were not sufficient to filed every day in America with no real I believe that this second pandemic bridge the gap. That is why, when we expectation of ever trying the case in of COVID–19 litigation—as I said, there passed the CARES Act late in March, front of a jury—or a judge, for that is ordinarily a 2-year, I believe, statute we didn’t just enhance the unemploy- matter—because we all know that the of limitations—could well keep our ment benefits; we actually sent a di- costs of defending those lawsuits can economy shut down, destroy small rect deposit to the bank account of all be enough in and of themselves to deter businesses that have been holding on adults earning less than $75,000 a year. people from reopening their business. by a thread, and, frankly, punish peo- We sent them $1,200 to tide them over, Frequently, what happens—there is a ple who had no choice but to show up to give them a lifeline, which I think phenomenon known as nuance settle- for work. was very, very important because, even ments, where defendants calculate, I mean, if you are a physician or a if you are out of work, you can’t get how much is this going to cost me to nurse, you didn’t have any option but unemployment benefits instanta- defend, and I will go ahead and pay to show up for work. You knew you had neously, and we know that a lot of the that money now in order to avoid the to do it in order to do your job, in order workforce commissions like those we further vexation of a lawsuit. And that to pursue your profession. Are we then have in Texas that administer the un- is the seed money used to file the next going to subject them to litigation employment compensation program lawsuit and the next lawsuit and the risks because of their having to en- were overwhelmed with applications. next lawsuit. I think we can reasonably counter something totally new and un- So it was important that we provide expect that there will be a lot of class- precedented? that direct relief and then the en- action lawsuits. I think it would be a cruel joke for us hanced unemployment benefit. The goal here is not to provide blan- to say: Yes, you are an essential work- Well, in Texas, the average unem- ket immunity; the goal is to do what er; yes, you have no choice but to show ployment benefit is $246 a week. With we did after the Y2K phenomenon, up; and, yes, you have no choice but to an additional $600 a week, which we when we questioned whether our com- be subjected to a lawsuit because some- added as part of the CARES Act, that puters would actually register the body 2 or 3 years later wants to second- amount more than tripled. Since change of the century rather than go guess the decisions you made in the March, more than 3 million Texans back to the earlier century and wheth- middle of a pandemic. I just think it have filed for unemployment benefits, er the disruption in financial markets would be enormously unfair to those and recipients have taken advantage of and the like would occur. This is essential workers who had no choice the bolstered benefits, which I sup- roughly the same sort of thing we did but to show up. ported. after 9/11, too, to provide some sta- I want to say, in conclusion, I dis- This additional income, provided on a bility, some certainty, to very chaotic agree with my colleague on one other temporary basis, has helped families and challenging times. matter as well. I believe, by rewarding cover their rent, their groceries, and So we know that, in addition to the compliance with government public other critical expenses until they are public health fight, we are trying to re- health guidelines, providing a safe har- able to return to work, and, for many open our economy safely. Mothers and bor for negligence claims, it actually workers, there is still a great deal of fathers and teachers and school offi- incentivizes people to follow those uncertainty about when that might cials are thinking about how can our guidelines. Isn’t that what we want to happen. children resume their education, do? Isn’t that what we want our When the CARES Act passed in whether online or in person, but safety, schools, our daycare centers, our non- March, we were all hopeful that the obviously, is the most important point. profits, our retail businesses—don’t we economic outlook at this point would The fact is, we had one of the best want them to comply with those public be much brighter than it is today, and economies in my lifetime before this health guidelines? that is why these benefits came with virus hit in January, and now we are in Well, this is one way to reward them an expiration date of July 31, last Fri- a recession. The question is, Are we and incentivize them to do exactly day. We had hoped that our economy

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.009 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4686 CONGRESSIONAL RECORD — SENATE August 4, 2020 would be rebounding and we would be Now, obviously, if there is not a job These unwanted, unaffordable, and, in better shape controlling and defeat- for people to take, then they should frankly, laughable proposals are not ing this virus and that more businesses continue to get unemployment bene- the types of solutions America needs to would be able to reopen their doors or fits, but if there is a job, then I think recover from this crisis, especially create new jobs, which obviously has the incentive should be to encourage when it comes to rebuilding our econ- not happened as quickly as we would them to safely return to work, not to omy. have liked. pay them more not to work. In the next relief bill, Congress must In Texas, our unemployment rate The bill proposed by House Demo- include additional unemployment ben- went from 3.5 percent to 13.5 percent in crats would extend the $600 Federal efits to help those who, through no April, a 10-point increase in unemploy- benefit through next January, pro- fault of their own, are out of work, but ment. We have made progress since viding even less of an incentive for we can’t defy common sense and con- then, thankfully, with it dropping now workers to safely reenter the work- tinue paying some people more to stay down to 8.6 percent—still a historically force. This is just one of the countless home than to return to work. Our long- high level of unemployment, but it is places where the Democrats’ $3 trillion term economic recovery will depend on moving in the right direction. Heroes Act fails to deliver the relief people safely returning to the work- While this is encouraging, we still our country actually needs. This is $3 force, and Congress cannot stand in the have a long way to go, and we cannot trillion on top of the roughly $3 trillion way. allow those impacted to go another day that we have already spent. In addition to supporting workers without the income that they need to Rather than helping Americans get until they are able to return to work, support their families. As Republicans back to work, the Heroes Act passed by we also need to ensure that they will and Democrats continue to work to- the House includes a long list of liberal have a job to go back to. gether toward an agreement on the priorities, things like environmental Madam President, I ask unanimous next coronavirus response package, justice grants—what in the heck does consent to proceed for 5 more minutes. these individuals are being sacrificed that have to do with COVID–19?—soil The PRESIDING OFFICER. Without and hurt in the interim. health studies, and not one but two objection, it is so ordered. Why did Democrats block our at- subsidies for diversity and inclusion in Mr. CORNYN. Madam President, I tempt to extend unemployment bene- the cannabis industry—hardly any- thank my colleague for his indulgence. fits last week? Is it because they don’t thing to do with COVID–19. One of the things we need to do is care about the people who are hurting, What is more, our colleagues across make sure that the Paycheck Protec- who need those resources? the aisle who railed about tax cuts for tion Program is replenished as well. Our colleague from Arizona, Senator the rich, well, they want to allow mil- This is the most successful part of our MCSALLY, offered a bill last week to ex- lionaires and billionaires in blue States coronavirus response—more than $670 tend these benefits for an additional to pay less in taxes. They want a tax billion appropriated to help small busi- week so that we could continue negoti- cut for the millionaires and billion- nesses maintain their payroll, to keep ating, but the minority leader, the aires in their States by eliminating the their employees on the payroll. Democratic leader, Senator SCHUMER, cap on the deductibility of State and More than 400,000 small businesses in blocked it. He prevented us from pass- local taxes. Texas have received these loans, bringing the simple, 1-week extension to For too long, people in my State and ing in over $41 billion to the Lone Star give us some time to complete our ne- other parts of the country have had to State. This money has kept countless gotiations and make sure that people subsidize the big-spending blue States Texans on the payroll not only for who needed that money would not be by allowing them to deduct all of their today but into the future. I hope we hurt. State and local taxes. That means you will continue the Paycheck Protection I am embarrassed that the Senate and I have to pay to subsidize those Program as part of the next COVID–19 could not overcome this partisan dys- high-tax jurisdictions like New York response. function in order to provide this ex- City, for example. There is another provision that we tended benefit to people who need it Well, in addition, the Heroes Act need to address, though, and that has while we do our job here. There is no deepens the hiring struggle businesses to do with the deductibility of the ex- excuse for allowing this provision to are already facing, and it rapidly digs penses of businesses that have received expire without even a temporary meas- our Nation deeper and deeper into debt. Paycheck Protection Program loans ure until a final decision is reached. It is so unpopular, even among our and grants. Unfortunately, while Con- Even though we are coming up on the Democratic colleagues, that it barely gress made clear that we expected busi- traditional August recess, I believe we managed to pass the House in May. nesses that received these loans and need to stay here working until an I want to credit the Senator from grants to have the benefit of the ordi- agreement is reached to provide these Wyoming, who is here in the Chamber, nary business expenses, the Internal workers with the support they need. Of who pointed out some of the quotes Revenue Service has said just the oppo- course, there is a delicate balance be- from the New York Times and others site. tween helping these workers and stand- at the time. The Joint Tax Committee that scores ing in the way of an economic recov- Here is what the New York Times bills—tax bills—has said that a bill we ery. said: ‘‘Even though the bill was more a have now introduced that would allow Here is the twist: Over the last few messaging document than a viable that deductibility to make that very months, I have been hearing from a piece of legislation, its fate was in clear has a zero score because they un- number of business owners in Texas doubt in the final hours before its pas- derstood that Congress intended to who are struggling to rehire their em- sage.’’ allow those deductions in the first ployees because—get this—they are ac- National Public Radio, hardly a bas- place. tually making more from unemploy- tion of conservative news, said: ‘‘The We have two choices to help small ment than they made while working, more than 1,800-page bill marks a long businesses: We can write them another and this is not just a one-off or an iso- wish list for Democrats.’’ check, or we can allow them to deduct lated issue. If this bill were to become law, Tex- their ordinary business expenses. This According to the Texas Workforce ans’ tax dollars wouldn’t be supporting would provide some more liquidity and Commission, with the $600 Federal ben- our response and recovery; they would provide additional assistance and cost efit on top of the State benefit, 80 per- be funding a range of completely unre- nothing in terms of the score on the cent of the recipients of unemployment lated liberal pet projects. bill. It has bipartisan support that I be- insurance were making more money on Speaker PELOSI knew the Heroes Act lieve merits our consideration. unemployment than they were when didn’t have a chance of passing in the In conclusion, we need to do every- previously employed—80 percent. I U.S. Senate. She never intended for thing we can to support the workers think that is a mistake. Paying people that bill to pass in the Senate. It was and families struggling to make it more not to work than they would all about messaging and posturing and through this economic downturn, while make taking available work makes no trying to manage the radicals in the simultaneously securing the founda- sense whatsoever. Democratic caucus in the House. tion for a strong economic recovery.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.011 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4687 The stakes are high, and I believe the passed, in a bipartisan way, $3 trillion vides resources for healthcare for kids Senate must stay in session until we in relief, and half of that is still and for jobs. We safely reopen the econ- are able to deliver the relief our coun- unspent. omy. We safely reopen schools. We fund try needs. On the State and local government testing, treatment, and vaccines. We I yield the floor. side, it is ironic to hear the minority provide liability protection. We shield The PRESIDING OFFICER. The Sen- leader mention all of his preferred pub- the medical community, K–12 schools, ator from Wyoming. lic service workers, but not once in colleges, universities, and small busi- Mr. BARRASSO. Madam President, I that discussion did he mention police nesses from frivolous coronavirus law- ask unanimous consent that I be able officers. That is because the platform suits. We already see greedy trial law- to complete my remarks prior to the of the Democrats now really is to yers trying to profit from the Nation’s scheduled vote. defund the police. And this is at a time pain. Over 4,000 lawsuits have already The PRESIDING OFFICER. Without when the murder rate in his own home- been filed. An avalanche of abusive objection, it is so ordered. town—New York City—is at a record coronavirus lawsuits will flatten and Mr. BARRASSO. Madam President, I level. flatline the economy as it just tries to want to start by addressing a few of the I come to the floor to discuss the awaken. things that the minority leader, Sen- reckless spending and the partisan ob- We continue to put the health, safe- ator SCHUMER, discussed this morning. struction by the Democratic Party. It ty, and well-being of the American pub- Last week, Senator SCHUMER twice— lic first. We are doing everything we twice—blocked an extension to the is the path they have chosen to deal with coronavirus. It is the Speaker’s $3 can to defeat the virus, and we con- Federal unemployment bonus pay- trast our serious efforts with Speaker ments. Twice, the Democratic leader trillion runaway spending spree. Speaker PELOSI says it is her way or PELOSI’s pricey, partisan pipe dream. If threw his hands up, and he said no. He enacted, her so-called Heroes Act said: Democrats will not support an ex- the highway, and the Senate Demo- cratic leader, her deputy, CHUCK SCHU- would be a huge waste of taxpayer tension of these benefits—he said—at money—the largest waste of taxpayer any level. Why? He said why. He said MER, has been 100 percent behind her money in U.S. history. In fact, her bill he wants Republicans to pass his lead- political stunt. At the same time, the Democrats are costs more than all previous er’s bill. His leader is NANCY PELOSI. It coronavirus legislation combined. It is partisan, and it is loaded. ignoring what the American people tell may be her dream; it would be a night- Senator SCHUMER likes to talk about us they want and need. They want to some of the things in the Speaker’s resume their lives. People want to re- mare for the American public. We can go through the things that bill, but he carefully avoids much of it sume their lives safely and sensibly, are in the Democrats’ wish list, and because one-third of the spending is and to do so, they need a safe work en- anything I would say here would just completely unrelated to coronavirus—a vironment; they need a safe, effective be the tip of the iceberg. Let me re- full one-third. vaccine; they need their jobs back; and mind you what POLITICO reported Senator SCHUMER says we remain far they need their kids in school. Repub- apart. He said that the difference is be- licans are doing everything we can to when the bill passed the House. It said: tween ‘‘priorities and scale.’’ Priorities provide this. It is a Democratic wish list filled up and scale. Well, let’s look at some of At this time of soaring national debt, with all the parties’ favorite policies. the priorities in the bill that he sup- we must make sure that every penny National Public Radio said the bill ports: direct payment checks to illegal we spend is focused on the disease and marks a long wish list for Democrats. immigrants; taxpayer-funded abor- the recovery. Congress has already ap- The New York Times said the bill was tions; changes to election laws—perma- proved nearly $3 trillion in combined more a messaging document than a nent; tax breaks for the wealthy in coronavirus aid. When the Senate viable piece of legislation. Government doesn’t have a spending New York and in California; millions passed the bipartisan CARES Act, it problem so much as an overspending and millions more for environmental was the largest rescue package in U.S. problem. It is on full display right now justice, the National Endowment for history. Over $1 trillion of the relief as the Democrats promote runaway the Arts. It is a long, long list. money still has not been spent, and at The minority leader’s statement was the same time, millions of people who spending—spending that is unrelated to full of metaphors and analogies this lost their jobs in lockdowns remain out the challenge before us. Speaker morning, but he had very little, if any, of work. Schools and small businesses PELOSI is wasting our Nation’s time on substance. face challenges in reopening as well. a far-left fantasy that does not have a The votes we had last week were not Congress needs to act, and we need to single chance in the world of becoming what he said—‘‘sham votes’’; they were act now. We want to support people law. real votes that would have extended who are most in need and to do it in a Let me be clear. Republicans will real money to real people all over the way that encourages, not discourages, hold the line on reckless spending. We country. The answer by Senate Demo- work. need to keep the next relief bill to no crats, according to their Senate Demo- According to the University of Chi- more than $1 trillion, and we need to cratic leader, is a larger Federal Gov- cago study, two out of three unem- ensure that the bill only includes ernment. That is what they are pro- ployed people are currently making things directly related to the posing. more at home than they would at coronavirus. The minority leader used the analogy work. That is due to this $600-per-week I am ready to act now. It is essential of a leaky faucet. He said that we have bonus payment. It is not common we get this right. And for the good of to take care of the flood, but he never sense. the country, this wild, willful, wasteful mentioned actually fixing the faucet. Last week, when Republicans offered spending by the Democrats has to stop. I yield the floor. Their bill does exactly that—never gets a sensible compromise, Democrats rejected it out of hand. They want to I ask for the yeas and nays. to fixing the problem; it just gives The PRESIDING OFFICER. Under continue paying people more to stay Americans a larger government. the previous order, the question is, Will The Republican plan provides 10 home than they would make at work. the Senate advise and consent to the times more for vaccine development Democratic leaders are holding the un- Menezes nomination? and distribution than what the Demo- employed hostage—as they say, lever- Is there a sufficient second? crats passed in the House. It actually age—in their negotiations with the There appears to be a sufficient sec- gets at beating the virus. The Demo- White House. Once again, the Demo- ond. crats say they are rescuing schools and crats are putting politics above people, The clerk will call the roll. small businesses, but their bill actually slowing the economic recovery, and de- The bill clerk called the roll. zeroes out the Paycheck Protection stroying millions of jobs in the process. Mr. THUNE. The following Senator is Program and provides less money for Senate Republicans, meanwhile, in- necessarily absent: the Senator from schools. troduced serious relief legislation. The North Carolina (Mr. TILLIS). As for understanding the needs of the Republican legislation is targeted, tai- Mr. DURBIN. I announce that the country, Senate Republicans have lored to the emergency. Our bill pro- Senator from Maryland (Mr. CARDIN),

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United States Olympic and the Chamber desiring to vote? Paralympic Committee ... 220501’’. The result was announced—yeas 79, directors of the United States Olympic and Paralympic Committee and to protect ama- SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED nays 16, as follows: teur athletes from emotional, physical, and STATES OLYMPIC AND PARALYMPIC [Rollcall Vote No. 155 Ex.] COMMITTEE AND NATIONAL GOV- sexual abuse, and for other purposes. ERNING BODIES. YEAS—79 There being no objection, the Senate (a) IN GENERAL.—Chapter 2205 of title 36, Alexander Feinstein Peters proceeded to consider the bill, which United States Code, is amended— Baldwin Fischer Portman had been reported from the Committee (1) by redesignating the second subchapter Barrasso Gardner Reed on Commerce, Science, and Transpor- designated as subchapter III (relating to the Bennet Graham Risch United States Center for SafeSport), as added by Blackburn Hassan tation, with an amendment to strike Roberts section 202 of the Protecting Young Victims from Blunt Hawley Romney all after the enacting clause and insert Booker Heinrich Sexual Abuse and Safe Sport Authorization Act Rounds in lieu thereof the following: of 2017 (Public Law 115–126; 132 Stat. 320) as Boozman Hoeven Rubio Braun Hyde-Smith subchapter IV; and Sasse SECTION 1. SHORT TITLE. Brown Inhofe Scott (FL) This Act may be cited as the ‘‘Empowering (2) by adding at the end the following: Burr Johnson Olympic and Amateur Athletes Act of 2019’’. ‘‘SUBCHAPTER V—DISSOLUTION OF Cantwell Jones Scott (SC) Capito Kaine Shaheen SEC. 2. FINDINGS. BOARD OF DIRECTORS OF CORPORA- Carper Kennedy Shelby Congress makes the following findings: TION AND TERMINATION OF RECOGNI- Casey King Sinema (1) The courageous voice of survivors is a call TION OF NATIONAL GOVERNING BODIES Smith Cassidy Lankford to action to end emotional, physical, and sexual ‘‘§ 220551. Definitions Collins Lee Stabenow abuse in the Olympic and Paralympic move- Coons Loeffler Sullivan ment. ‘‘In this subchapter, the term ‘joint resolution’ Cornyn Manchin Tester (2) Larry Nassar, the former national team means a joint resolution— Cotton McConnell Thune doctor for USA Gymnastics, sexually abused ‘‘(1) which does not have a preamble; and Cramer McSally Toomey over 300 athletes for over two decades because of ‘‘(2) for which— Crapo Moran Udall ineffective oversight by USA Gymnastics and ‘‘(A)(i) the title is only as follows: ‘A joint res- Cruz Murkowski Van Hollen the United States Olympic Committee. olution to dissolve the board of directors of the Daines Murphy Whitehouse United States Olympic and Paralympic Com- Duckworth Murray (3) While the case of Larry Nassar is unprece- Wicker mittee’; and Durbin Paul Young dented in scale, the case is hardly the only re- Enzi Perdue cent incident of sexual abuse in amateur sports. ‘‘(ii) the matter after the resolving clause— ‘‘(I) is as follows: ‘That Congress finds that NAYS—16 (4) Survivors of Larry Nassar’s abuse and all survivors of abuse in the Olympic and dissolving the board of directors of the United Blumenthal Hirono Schatz Paralympic movement deserve justice and re- States Olympic and Paralympic Committee Cortez Masto Klobuchar Schumer dress for the wrongs the survivors have suffered. would not unduly interfere with the operations Ernst Markey Warren (5) After a comprehensive congressional inves- of chapter 2205 of title 36, United States Code’; Gillibrand Menendez Wyden and Grassley Merkley tigation, including interviews and statements Harris Rosen from survivors, former and current organization ‘‘(II) prescribes adequate procedures for form- officials, law enforcement, and advocates, Con- ing a board of directors of the corporation with NOT VOTING—5 gress found that the United States Olympic all reasonable expediency and in a manner that Cardin Sanders Warner Committee and USA Gymnastics fundamentally safeguards the voting power of the representa- Leahy Tillis failed to uphold their existing statutory pur- tives of amateur athletes at all times; or The nomination was confirmed. poses and duty to protect amateur athletes from ‘‘(B)(i) the title is only as follows: ‘A joint resolution relating to terminating the recognition The PRESIDING OFFICER. Under sexual, emotional, or physical abuse. (6) USA Gymnastics and the United States of a national governing body’; and the previous order, the motion to re- Olympic Committee knowingly concealed abuse ‘‘(ii) the matter after the resolving clause is consider is considered made and laid by Larry Nassar, leading to the abuse of dozens only as follows: ‘That Congress determines that upon the table, and the President will of additional amateur athletes during the period lllllllll, which is recognized as a na- be immediately notified of the Senate’s beginning in the summer of 2015 and ending in tional governing body under section 220521 of actions. September 2016. title 36, United States Code, has failed to fulfill The Senator from Kansas. (7) Ending abuse in the Olympic and its duties, as described in section 220524 of title Paralympic movement requires enhanced over- 36, United States Code’, the blank space being f sight to ensure that the Olympic and filled in with the name of the applicable national governing body. LEGISLATIVE SESSION Paralympic movement does more to serve athletes and protect their voice and safety. ‘‘§ 220552. Dissolution of board of directors of SEC. 3. UNITED STATES OLYMPIC AND corporation and termination of recognition PARALYMPIC COMMITTEE. MORNING BUSINESS of national governing bodies (a) IN GENERAL.—Chapter 2205 of title 36, ‘‘(a) DISSOLUTION OF BOARD OF DIRECTORS OF Mr. MORAN. Mr. President, I ask United States Code, is amended— CORPORATION.—Effective on the date of enact- unanimous consent that the Senate (1) in the chapter heading, by striking ment of a joint resolution described in section proceed to legislative session for a pe- ‘‘UNITED STATES OLYMPIC COMMITTEE’’ 220551(2)(A) with respect to the board of direc- and inserting ‘‘ riod of morning business, with Sen- UNITED STATES OLYMPIC tors of the corporation, such board of directors AND PARALYMPIC COMMITTEE’’; shall be dissolved. ators permitted to speak therein for up (2) in section 220501(b)(6), by striking ‘‘United to 10 minutes each. ‘‘(b) TERMINATION OF RECOGNITION OF NA- States Olympic Committee’’ and inserting TIONAL GOVERNING BODY.—Effective on the date The PRESIDING OFFICER. Without ‘‘United States Olympic and Paralympic Com- of enactment of a joint resolution described in objection, it is so ordered. mittee’’; section 220551(2)(B) with respect to a national Mr. MORAN. I ask unanimous con- (3) in section 220502, by amending subsection governing body, the recognition of the applica- (c) to read as follows: sent that Senator BLUMENTHAL, Sen- ble amateur sports organization as a national ‘‘(c) REFERENCES TO UNITED STATES OLYMPIC OLLINS governing body shall cease to have force or ef- ator C , and I be able to complete ASSOCIATION AND UNITED STATES OLYMPIC COM- fect. our remarks before the recess. MITTEE.—Any reference to the United States The PRESIDING OFFICER. Without Olympic Association or the United States Olym- ‘‘§ 220553. Joint resolution objection, it is so ordered. pic Committee is deemed to refer to the United ‘‘(a) REFERRAL AND REPORTING.— States Olympic and Paralympic Committee.’’; ‘‘(1) HOUSE OF REPRESENTATIVES.— f (4) in section 220506(a), by striking ‘‘United ‘‘(A) IN GENERAL.—In the House of Represent- EMPOWERING OLYMPIC AND States Olympic Committee’’ and inserting atives, a joint resolution shall be referred to the AMATEUR ATHLETES ACT OF 2019 ‘‘United States Olympic and Paralympic Com- Committee on Energy and Commerce. mittee’’; and ‘‘(B) DISCHARGE.—The Committee on Energy Mr. MORAN. Mr. President, I ask (5) in section 220531, by striking ‘‘United and Commerce shall be discharged from further unanimous consent that the Senate States Olympic Committee’’ each place it ap- consideration of a joint resolution and the joint

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resolution shall be referred to the appropriate peals in connection therewith, shall be limited to ‘‘SUBCHAPTER V—DISSOLUTION OF BOARD OF DI- calendar on the date on which not less than not more than 10 hours, which shall be divided RECTORS OF CORPORATION AND TERMINATION three-fifths of the Members of the House of Rep- equally between the Majority and Minority OF RECOGNITION OF NATIONAL GOVERNING BOD- resentatives, duly chosen and sworn, are listed Leaders or their designees. A motion further to IES as cosponsors of the joint resolution. limit debate is in order and not debatable. A mo- ‘‘220551. Definitions. ‘‘(C) LIMITATION ON CONSIDERATION.—Except tion to postpone, a motion to proceed to the con- ‘‘220552. Dissolution of board of directors of as provided in subsection (e)(1), it shall not be sideration of other business, or a motion to re- corporation and termination of recogni- in order for the House of Representatives to con- commit the joint resolution is not in order. Any tion of national governing bodies. sider a joint resolution unless— debatable motion is debatable for not to exceed ‘‘220553. Joint resolution.’’. ‘‘(i) the joint resolution is reported by the 1 hour, to be divided equally between those fa- (c) EFFECTIVE DATE.—The amendments made Committee on Energy and Commerce; or voring and those opposing the motion. All time by this section shall take effect on the date that ‘‘(ii) the Committee on Energy and Commerce used for consideration of the joint resolution, is 1 year after the date of the enactment of this is discharged from further consideration of the including time used for quorum calls and voting, Act. joint resolution under subparagraph (B). shall be counted against the total 10 hours of SEC. 5. MODIFICATIONS TO UNITED STATES ‘‘(2) SENATE.— consideration. OLYMPIC AND PARALYMPIC COM- ‘‘(A) IN GENERAL.—In the Senate, a joint reso- ‘‘(3) VOTE ON PASSAGE.—If the Senate has MITTEE. lution shall be referred to the Committee on voted to proceed to a joint resolution, the vote (a) PURPOSES OF THE CORPORATION.—Section Commerce, Science, and Transportation. on passage of the joint resolution shall occur 220503 of title 36, United States Code, is amend- ‘‘(B) DISCHARGE.—The Committee on Com- immediately following the conclusion of consid- ed— merce, Science, and Transportation shall be dis- eration of the joint resolution, and a single (1) in paragraph (9), by inserting ‘‘and access charged from further consideration of the joint quorum call at the conclusion of the consider- to’’ after ‘‘development of’’; resolution and the joint resolution shall be re- ation if requested in accordance with the rules (2) in paragraph (14), by striking ‘‘; and’’ and ferred to the appropriate calendar on the date of the Senate. inserting a semicolon; on which not less than three-fifths of the Mem- ‘‘(4) RULINGS OF THE CHAIR ON PROCEDURE.— (3) in paragraph (15), by striking the period at bers of the Senate, duly chosen and sworn, are Appeals from the decisions of the Chair relating the end and inserting ‘‘; and’’; and listed as cosponsors of the joint resolution. to the application of the rules of the Senate to (4) by adding at the end the following: ‘‘(C) LIMITATION ON CONSIDERATION.—Except the procedure relating to a joint resolution shall as provided in subsection (e)(1), it shall not be ‘‘(16) to effectively oversee the national gov- be decided without debate. in order for the Senate to consider a joint reso- erning bodies with respect to compliance with ‘‘(d) AMENDMENTS NOT IN ORDER.—A joint lution unless— and implementation of the policies and proce- resolution shall not be subject to amendment in ‘‘(i) the joint resolution is reported by the dures of the corporation, including policies and either the House of Representatives or the Sen- Committee on Commerce, Science, and Transpor- procedures on the establishment of a safe envi- ate. tation; or ronment in sports as described in paragraph ‘‘(ii) the Committee on Commerce, Science, ‘‘(e) RULES TO COORDINATE ACTION WITH (15).’’. and Transportation is discharged from further OTHER HOUSE.— (b) MODIFICATIONS TO MEMBERSHIP IN COR- consideration of the joint resolution under sub- ‘‘(1) TREATMENT OF JOINT RESOLUTION OF PORATION AND REPRESENTATION OF ATHLETES.— paragraph (B). OTHER HOUSE.— (1) DEFINITION OF ATHLETES’ ADVISORY COUN- ‘‘(b) EXPEDITED CONSIDERATION IN HOUSE OF ‘‘(A) IN GENERAL.—If the Senate or House of CIL.—Section 220501(b) of title 36, United States REPRESENTATIVES.— Representatives fails to introduce or consider a Code, is amended— ‘‘(1) PROCEEDING TO CONSIDERATION.—After joint resolution under this section, the joint res- (A) by striking paragraph (9); the Committee on Energy and Commerce reports olution of the other House— (B) by redesignating paragraphs (4) through a joint resolution to the House of Representa- ‘‘(i) shall be entitled to expedited floor proce- (8) as paragraphs (5) through (9), respectively; tives or has been discharged from its consider- dures described under this section; and and ation in accordance with subsection (a)(1)(B), it ‘‘(ii) may be referred in the receiving chamber (C) by inserting after paragraph (3) the fol- shall be in order to move to proceed to consider or may be held at the desk. lowing: the joint resolution in the House of Representa- ‘‘(B) POTENTIAL REFERRAL.—If a joint resolu- ‘‘(4) ‘Athletes’ Advisory Council’ means the tives. All points of order against the motion are tion referred to a committee under subparagraph entity established and maintained under section waived. Such a motion shall not be in order (A)(ii) is cosponsored by not less than three- 220504(b)(2)(A) that— after the House of Representatives has disposed fifths of the Members of the originating House, ‘‘(A) is composed of, and elected by, amateur of a motion to proceed on a joint resolution. The duly chosen and sworn, the committee shall re- athletes to ensure communication between the previous question shall be considered as ordered port the joint resolution not later than 20 days corporation and currently active amateur ath- on the motion to its adoption without inter- after the date on which the joint resolution is letes; and vening motion. The motion is highly privileged referred to the committee. ‘‘(B) serves as a source of amateur-athlete in the House of Representatives and is not de- ‘‘(2) VETOES.—If the President vetoes a joint opinion and advice with respect to policies and batable. A motion to reconsider the vote by resolution, debate on a veto message in the Sen- proposed policies of the corporation.’’. which the motion is disposed of shall not be in ate under this section shall be 1 hour equally di- (2) MEMBERSHIP AND REPRESENTATION.—Sec- order. vided between the Majority and Minority lead- tion 220504 of title 36, United States Code, is ‘‘(2) CONSIDERATION.—A joint resolution shall ers or their designees. amended— be considered as read. All points of order ‘‘(f) RULEMAKING FUNCTION.—This section is (A) in subsection (a), by inserting ‘‘and mem- against the joint resolution and against its con- enacted by Congress— bership shall be available only to national gov- sideration are waived. The previous question ‘‘(1) as an exercise of the rulemaking power of erning bodies’’ before the period at the end; shall be considered as ordered on the joint reso- the Senate and House of Representatives, re- (B) in subsection (b)(2)— lution to its final passage without intervening spectively, and as such it is deemed a part of the (i) in the matter preceding subparagraph (A), motion except 2 hours of debate equally divided rules of each House, respectively, but applicable by striking ‘‘within the preceding 10 years’’; and controlled by the proponent and an oppo- only with respect to the procedure to be followed (ii) by striking subparagraph (A) and insert- nent. A motion to reconsider the vote on passage in that House in the case of a joint resolution, ing the following: of the joint resolution shall not be in order. and it supersedes other rules only to the extent ‘‘(A) establish and maintain an Athletes’ Ad- ‘‘(c) EXPEDITED PROCEDURE IN SENATE.— that it is inconsistent with such rules; and visory Council;’’; ‘‘(1) MOTION TO PROCEED.—Notwithstanding ‘‘(2) with full recognition of the constitutional (iii) in subparagraph (B)— rule XXII of the Standing Rules of the Senate, right of either House to change the rules (so far (I) by striking ‘‘20 percent’’ and inserting 1 after the Committee on Commerce, Science, and as relating to the procedure of that House) at ‘‘ ⁄3’’; and Transportation reports a joint resolution to the any time, in the same manner, and to the same (II) by inserting ‘‘, including any panel em- Senate or has been discharged from its consider- extent as in the case of any other rule of that powered to resolve grievances’’ before the semi- ation in accordance with subsection (a)(2)(B), it House.’’. colon; (iv) by redesignating subparagraph (B) as shall be in order for any Member of the Senate (b) TECHNICAL AND CONFORMING AMEND- subparagraph (D); and to move to proceed to the consideration of the MENTS.—The table of sections for chapter 2205 of joint resolution. A motion to proceed is in order title 36, United States Code, is amended— (v) by inserting after subparagraph (A) the even though a previous motion to the same ef- (1) by striking the second item relating to sub- following: fect has been disagreed to. The motion to pro- chapter III (relating to the United States Center ‘‘(B) ensure that the chair of the Athletes’ Ad- ceed is not debatable. The motion is not subject for SafeSport), as added by section 202 of the visory Council, or the designee of the chair, to a motion to postpone. A motion to reconsider Protecting Young Victims from Sexual Abuse holds voting power on the board of directors of the vote by which the motion is agreed to or dis- and Safe Sport Authorization Act of 2017 (Pub- the corporation and in the committees and enti- agreed to shall not be in order. If a motion to lic Law 115–126; 132 Stat. 320) and inserting the ties of the corporation; 1 proceed to the consideration of the joint resolu- following: ‘‘(C) require that ⁄3 of the membership of the tion is agreed to, the joint resolution shall re- board of directors of the corporation shall be main the unfinished business until disposed of. ‘‘SUBCHAPTER IV—UNITED STATES CENTER FOR composed of, and elected by, such amateur ath- ‘‘(2) CONSIDERATION.—Consideration of a joint SAFESPORT’’; AND letes, including not fewer than one amateur ath- resolution, and on all debatable motions and ap- (2) by adding at the end the following: lete who—

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‘‘(i) is actively engaged in representing the (C) in subparagraph (B)— ‘‘(ii) DISTRIBUTION.—The Office of the Athlete United States in amateur athletic competition; (i) by moving clauses (i) through (iii) two ems Ombudsman shall distribute a copy of the policy or to the right; and developed under clause (i) to— ‘‘(ii) has represented the United States in (ii) by striking ‘‘(B) The corporation’’ and in- ‘‘(I) employees of the national governing bod- international amateur athletic competition dur- serting the following: ies; and ing the preceding 10-year period; and’’; and ‘‘(C) TERMINATION.—The corporation’’; and ‘‘(II) employees of the corporation. (C) by adding at the end the following: (D) in the undesignated matter following ‘‘(iii) PUBLICATION BY NATIONAL GOVERNING ‘‘(c) CONFLICT OF INTEREST.—An athlete who clause (iii) of subparagraph (A), by striking ‘‘If BODIES.—Each national governing body shall— represents athletes under subsection (b)(2) shall there is’’ and inserting the following: ‘‘(I) publish the policy developed under clause not be employed by the Center, or serve in a ca- ‘‘(B) VACANCY.—If there is’’; (i) on the internet website of the national gov- pacity that exercises decision-making authority (3) by redesignating paragraph (2) as para- erning body; and on behalf of the Center, during the two-year pe- graph (3); ‘‘(II) communicate to amateur athletes the riod beginning on the date on which the athlete (4) in paragraph (1), in the matter preceding availability of the policy. ceases such representation. subparagraph (A), by striking ‘‘(1) The corpora- ‘‘(5) PROHIBITION ON RETALIATION.—No em- ‘‘(d) CERTIFICATION REQUIREMENTS.—The by- tion’’ and all that follows through ‘‘who shall— ployee, contractor, agent, volunteer, or member laws of the corporation shall include a descrip- ’’ and inserting the following: of the corporation shall take or threaten to take tion of all generally applicable certification re- ‘‘(1) IN GENERAL.—The corporation shall hire any action against an athlete as a reprisal for quirements for membership in the corporation.’’. and provide salary, benefits, and administrative disclosing information to or seeking assistance (c) DUTIES.— expenses for an ombudsman and support staff from the Office of the Athlete Ombudsman. (1) IN GENERAL.—Section 220505 of title 36, for athletes. ‘‘(6) INDEPENDENCE IN CARRYING OUT DU- United States Code, is amended— ‘‘(2) DUTIES.—The Office of the Athlete Om- TIES.—The board of directors of the corporation (A) in the section heading, by striking ‘‘Pow- budsman shall—’’; or any other member or employee of the corpora- ers’’ and inserting ‘‘Powers and duties’’; and (5) in paragraph (2), as so designated by para- tion shall not prevent or prohibit the Office of (B) by adding at the end the following: graph (4)— the Athlete Ombudsman from carrying out any ‘‘(d) DUTIES.— (A) by amending subparagraph (B) to read as duty or responsibility under this section.’’. ‘‘(1) IN GENERAL.—The duty of the corporation follows: (f) REPORTS AND AUDITS.— to amateur athletes includes the adoption, effec- ‘‘(B) assist in the resolution of athlete con- (1) IN GENERAL.—Section 220511 of title 36, tive implementation, and enforcement of policies cerns;’’; United States Code, is amended— and procedures designed— (B) by redesignating subparagraph (C) as sub- (A) in the section heading, by striking ‘‘Re- ‘‘(A) to immediately report to law enforcement paragraph (D); and port’’ and inserting ‘‘Reports and audits’’; and the Center any allegation of child abuse of (C) by inserting after subparagraph (B) the (B) by striking subsection (b); an amateur athlete who is a minor; following: (C) by amending subsection (a) to read as fol- ‘‘(B) to ensure that each national governing ‘‘(C) provide independent advice to athletes lows: body has in place policies and procedures to re- with respect to— ‘‘(a) REPORT.— port immediately any allegation of child abuse ‘‘(i) the role, responsibility, authority, and ju- ‘‘(1) SUBMISSION TO PRESIDENT AND CON- of an amateur athlete, consistent with— risdiction of the Center; and GRESS.—Not less frequently than annually, the ‘‘(i) the policies and procedures developed ‘‘(ii) the relative value of engaging legal coun- corporation shall submit simultaneously to the under paragraph (3) of section 220541(a); and sel; and’’; and President and to each House of Congress a de- (6) by adding at the end the following: ‘‘(ii) the requirement described in paragraph tailed report on the operations of the corpora- ‘‘(4) CONFIDENTIALITY.— (2)(A) of section 220542(a); and tion for the preceding calendar year. ‘‘(A) IN GENERAL.—The Office of the Athlete ‘‘(C) to ensure that each national governing ‘‘(2) MATTERS TO BE INCLUDED.—Each report Ombudsman shall maintain as confidential any body and the corporation enforces temporary required by paragraph (1) shall include the fol- information communicated or provided to the measures and sanctions issued pursuant to the lowing: Office of the Athlete Ombudsman in any matter authority of the Center. ‘‘(A) A comprehensive description of the ac- involving the exercise of the official duties of tivities and accomplishments of the corporation ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this the Office of the Athlete Ombudsman. subsection shall be construed to preempt or oth- during such calendar year. ‘‘(B) EXCEPTION.—The Office of the Athlete erwise abrogate the duty of care of the corpora- ‘‘(B) Data concerning the participation of Ombudsman may disclose information described tion under State law or the common law.’’. women, disabled individuals, and racial and in subparagraph (A) as necessary to resolve or ethnic minorities in the amateur athletic activi- (2) CONFORMING AMENDMENT.—The table of mediate a dispute, with the permission of the sections for chapter 2205 of title 36, United ties and administration of the corporation and parties involved. States Code, is amended by striking the item re- national governing bodies. ‘‘(C) JUDICIAL AND ADMINISTRATIVE PRO- ‘‘(C) A description of the steps taken to en- lating to section 220505 and inserting the fol- CEEDINGS.— courage the participation of women, disabled in- lowing: ‘‘(i) IN GENERAL.—The ombudsman and the dividuals, and racial minorities in amateur ath- ‘‘220505. Powers and duties.’’. staff of the Office of the Athlete Ombudsman letic activities. (d) POLICY WITH RESPECT TO ASSISTING MEM- shall not be compelled to testify or produce evi- ‘‘(D) A description of any lawsuit or grievance BERS OR FORMER MEMBERS IN OBTAINING dence in any judicial or administrative pro- filed against the corporation, including any dis- JOBS.—Section 220507 of title 36, United States ceeding with respect to any matter involving the pute initiated under this chapter. Code, is amended by adding at the end the fol- exercise of the duties of the Office of the Athlete ‘‘(E) The agenda and minutes of any meeting lowing: Ombudsman. of the board of directors of the corporation that ‘‘(c) POLICY WITH RESPECT TO ASSISTING ‘‘(ii) WORK PRODUCT.—Any memorandum, occurred during such calendar year. MEMBERS OR FORMER MEMBERS IN OBTAINING work product, notes, or case file of the Office of ‘‘(F) A report by the compliance committee of JOBS.—The corporation shall develop 1 or more the Athlete Ombudsman— the corporation that, with respect to such cal- policies that prohibit any individual who is an ‘‘(I) shall be confidential; and endar year— employee, contractor, or agent of the corpora- ‘‘(II) shall not be— ‘‘(i) identifies— tion from assisting a member or former member ‘‘(aa) subject to discovery, subpoena, or any ‘‘(I) the areas in which the corporation has in obtaining a new job (except the routine trans- other means of legal compulsion; or met compliance standards; and mission of administrative and personnel files) if ‘‘(bb) admissible as evidence in a judicial or ‘‘(II) the areas in which the corporation has the individual knows that such member or administrative proceeding. not met compliance standards; and former member violated the policies or proce- ‘‘(D) APPLICABILITY.—The confidentiality re- ‘‘(ii) assesses the compliance of each member dures of the Center related to sexual misconduct quirements under this paragraph shall not of the corporation and provides a plan for im- or was convicted of a crime involving sexual apply to information relating to— provement, as necessary. misconduct with a minor in violation of applica- ‘‘(i) applicable federally mandated reporting ‘‘(G) A detailed description of any complaint ble law.’’. requirements; of retaliation made during such calendar year, (e) OFFICE OF THE ATHLETE OMBUDSMAN.— ‘‘(ii) a felony personally witnessed by a mem- including the entity involved, the number of al- Section 220509(b) of title 36, United States Code, ber of the Office of the Athlete Ombudsman; legations of retaliation, and the outcome of such is amended— ‘‘(iii) a situation, communicated to the Office allegations. (1) in the subsection heading, by striking of the Athlete Ombudsman, in which an indi- ‘‘(3) PUBLIC AVAILABILITY.—The corporation ‘‘OMBUDSMAN’’ and inserting ‘‘OFFICE OF THE vidual is at imminent risk of serious harm; or shall make each report under this subsection ATHLETE OMBUDSMAN’’; ‘‘(iv) a congressional subpoena. available to the public on an easily accessible (2) in paragraph (2)— ‘‘(E) DEVELOPMENT OF POLICY.— internet website of the corporation.’’; and (A) in subparagraph (A), by moving clauses (i) ‘‘(i) IN GENERAL.—Not later than 180 days (D) by adding at the end the following: through (iii) two ems to the right; after the date of the enactment of the Empow- ‘‘(b) AUDIT.— (B) by striking ‘‘(2)(A) The procedure’’ and ering Olympic and Amateur Athletes Act of 2019, ‘‘(1) IN GENERAL.—Not less frequently than inserting the following: the Office of the Athlete Ombudsman shall de- annually, the financial statements of the cor- ‘‘(2) HIRING PROCEDURES; VACANCY; TERMI- velop and publish in the Federal Register a con- poration for the preceding fiscal year shall be NATION.— fidentiality and privacy policy consistent with audited in accordance with generally accepted ‘‘(A) HIRING PROCEDURES.—The procedure’’; this paragraph. auditing standards by—

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‘‘(A) an independent certified public account- ‘‘(d) POLICY REGARDING TERMS AND CONDI- (C) in subsection (b), by striking ‘‘recog- ant; or TIONS OF EMPLOYMENT.—The corporation shall nizing’’ and inserting ‘‘certifying’’; ‘‘(B) an independent licensed public account- establish a policy— (D) in subsection (c), by striking ‘‘recog- ant who is certified or licensed by the regulatory ‘‘(1) not to disperse bonus or severance pay to nizing’’ and inserting ‘‘certifying’’; and authority of a State or a political subdivision of any individual named as a subject of an ethics (E) by amending subsection (d) to read as fol- a State. investigation by the ethics committee of the cor- lows: ‘‘(2) LOCATION.—An audit under paragraph poration, until such individual is cleared of ‘‘(d) REVIEW OF CERTIFICATION.—Not later (1) shall be conducted at the location at which wrongdoing by such investigation; and than 8 years after the date of the enactment of the financial statements of the corporation nor- ‘‘(2) that provides that— the Empowering Olympic and Amateur Athletes mally are kept. ‘‘(A) if the ethics committee determines that Act of 2019, and not less frequently than once ‘‘(3) ACCESS.—An individual conducting an an individual has violated the policies of the every 4 years thereafter, the corporation— audit under paragraph (1) shall be given full ac- corporation— ‘‘(1) shall review all matters related to the cess to— ‘‘(i) the individual is no longer entitled to continued certification of an organization as a ‘‘(A) all records and property owned or used bonus or severance pay previously withheld; national governing body; by the corporation, as necessary to facilitate the and ‘‘(2) may take action the corporation considers audit; and ‘‘(ii) the compensation committee of the cor- appropriate, including placing conditions on the ‘‘(B) any facility under audit for the purpose poration may reduce or cancel the withheld continued certification of an organization as a of verifying transactions, including any balance bonus or severance pay; and national governing body; or security held by a depository, fiscal agent, or ‘‘(B) in the case of an individual who is the ‘‘(3) shall submit to Congress a summary re- custodian. subject of a criminal investigation, the ethics port of each review under paragraph (1); and ‘‘(4) REPORT.— committee shall investigate the individual.’’. ‘‘(4) shall make each such summary report ‘‘(A) IN GENERAL.—Not later than 180 days (2) APPLICABILITY.—The amendment made by available to the public.’’. after the end of the fiscal year for which an paragraph (1) shall not apply to any term of em- (2) TECHNICAL AND CONFORMING AMEND- audit is carried out, the auditor shall submit a ployment for the disbursement of bonus or sever- MENTS.— report on the audit to the Committee on Com- ance pay that is in effect as of the day before (A) Chapter 2205 of title 36, United States merce, Science, and Transportation of the Sen- the date of the enactment of this Act. Code, is amended— (i) in section 220501(b), as amended by section ate, the Committee on Energy and Commerce of (h) ANNUAL AMATEUR ATHLETE SURVEY.— 5(b)(1), by amending paragraph (9) to read as the House of Representatives, and the chair of (1) IN GENERAL.—Subchapter I of chapter 2205 the Athletes’ Advisory Council. of title 36, United States Code, is amended by follows: ‘‘(9) ‘national governing body’ means an ama- ‘‘(B) MATTERS TO BE INCLUDED.—Each report adding at the end the following: teur sports organization, a high-performance under subparagraph (A) shall include the fol- ‘‘§ 220513. Annual amateur athlete survey lowing for the applicable fiscal year: management organization, or a paralympic ‘‘(i) Any statement necessary to present fairly ‘‘(a) IN GENERAL.—Not less frequently than sports organization that is certified by the cor- the assets, liabilities, and surplus or deficit of annually, the corporation shall enter into a poration under section 220521.’’; the corporation. contract with an independent third-party orga- (ii) in section 220504(b), by amending para- ‘‘(ii) An analysis of the changes in the nization to conduct an anonymous survey of graph (1) to read as follows: amounts of such assets, liabilities, and surplus amateur athletes who are actively engaged in ‘‘(1) national governing bodies, including or deficit. amateur athletic competition with respect to— through provisions that establish and maintain ‘‘(iii) A detailed statement of the income and ‘‘(1) their satisfaction with the corporation a National Governing Bodies’ Council that is expenses of the corporation, including the re- and the applicable national governing body; composed of representatives of the national gov- sults of any trading, manufacturing, publishing, and erning bodies who are selected by their boards of or other commercial endeavor. ‘‘(2) the behaviors, attitudes, and feelings directors or other governing boards to ensure ef- ‘‘(iv) A detailed statement of the amounts within the corporation and the applicable na- fective communication between the corporation spent on stipends and services for athletes. tional governing body relating to sexual harass- and the national governing bodies;’’; ‘‘(v) A detailed statement of the amounts ment and abuse. (iii) in section 220505(c), by amending para- spent on compensation and services for execu- ‘‘(b) CONSULTATION.—A contract under sub- graph (4) to read as follows: tives and administration officials of the corpora- section (a) shall require the independent third- ‘‘(4) certify national governing bodies for any tion, including the 20 employees of the corpora- party organization to develop the survey in con- sport that is included on the program of the tion who receive the highest amounts of com- sultation with the Center. Olympic Games, the Paralympic Games, or the pensation. ‘‘(c) PROHIBITION ON INTERFERENCE.—If the Pan-American Games;’’; ‘‘(vi) A detailed statement of the amounts al- corporation or a national governing body makes (iv) in section 220509(b)(2)(A), as designated located to the national governing bodies. any effort to undermine the independence of, by subsection 5(e)(4), by striking ‘‘paralympic ‘‘(vii) Such comments and information as the introduce bias into, or otherwise influence a sports organizations,’’; auditor considers necessary to inform Congress survey under subsection (a), the corporation or (v) in section 220512, by striking ‘‘or of the financial operations and condition of the the national governing body shall be decertified. paralympic sports organization’’; (vi) in section 220522— corporation. ‘‘(d) PUBLIC AVAILABILITY.— The corporation (I) by striking subsection (b); and ‘‘(viii) Recommendations relating to the finan- shall make the results of each such survey available to the public on an internet website of the (II) in subsection (a)— cial operations and condition of the corporation. (aa) by striking ‘‘recognized’’ each place it ‘‘(ix) A description of any financial conflict of corporation.’’. appears and inserting ‘‘certified’’; interest (including a description of any recusal (2) CONFORMING AMENDMENT.—The table of sections for chapter 2205 of title 36, United (bb) by striking ‘‘recognition’’ each place it or other mitigating action taken), evaluated in a appears and inserting ‘‘certification’’; manner consistent with the policies of the cor- States Code, is amended by adding at the end of subchapter I the following: (cc) in paragraph (6), by inserting ‘‘, the poration, of— Paralympic Games,’’ after ‘‘the Olympic ‘‘(I) a member of the board of directors of the ‘‘220513. Annual amateur athlete survey.’’. Games’’; corporation; or SEC. 6. MODIFICATIONS TO NATIONAL GOV- (dd) in paragraph (11)— ‘‘(II) any senior management personnel of the ERNING BODIES. (AA) in the matter preceding subparagraph corporation. (a) CERTIFICATION OF NATIONAL GOVERNING (A), by inserting ‘‘, high-performance manage- ‘‘(C) PUBLIC AVAILABILITY.— BODIES.— ment organization, or paralympic sports organi- ‘‘(i) IN GENERAL.—The corporation shall make (1) IN GENERAL.—Section 220521 of title 36, zation’’ after ‘‘amateur sports organization’’; each report under this paragraph available to United States Code, is amended— and the public on an easily accessible internet (A) in the section heading, by striking ‘‘Rec- (BB) in subparagraph (B), by striking ‘‘ama- website of the corporation. ognition of amateur sports organizations as teur sports’’ and inserting ‘‘applicable’’; and ‘‘(ii) PERSONALLY IDENTIFIABLE INFORMA- national governing bodies’’ and inserting (ee) by striking the subsection designation and TION.—A report made available under clause (i) ‘‘Certification of national governing bodies’’; heading and all that follows through ‘‘An ama- shall not include the personally identifiable in- (B) by amending subsection (a) to read as fol- teur sports organization’’ and inserting ‘‘An formation of any individual.’’. lows: amateur sports organization, a high-perform- (2) CONFORMING AMENDMENT.—The table of ‘‘(a) IN GENERAL.—With respect to each sport ance management organization, or a paralympic sections for chapter 2205 of title 36, United included on the program of the Olympic Games, sports organization’’; States Code, is amended by striking the item re- the Paralympic Games, or the Pan-American (vii) in section 220524, by striking ‘‘amateur lating to section 220511 and inserting the fol- Games, the corporation— sports’’ each place it appears; lowing: ‘‘(1) may certify as a national governing body (viii) in section 220528— ‘‘220511. Reports and audits.’’. an amateur sports organization, a high-perform- (I) by striking ‘‘recognition’’ each place it ap- (g) POLICY WITH RESPECT TO BONUS AND SEV- ance management organization, or a paralympic pears and inserting ‘‘certification’’; ERANCE PAY.— sports organization that files an application and (II) by striking ‘‘recognize’’ each place it ap- (1) IN GENERAL.—Section 220507 of title 36, is eligible for such certification under section pears and inserting ‘‘certify’’; and United States Code, as amended by subsection 220522; and (III) in subsection (g), in the subsection head- (d), is further amended by adding at the end the ‘‘(2) may not certify more than 1 national gov- ing, by striking ‘‘RECOGNITION’’ and inserting following: erning body.’’; ‘‘CERTIFICATION’’;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 6333 E:\CR\FM\A04AU6.003 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4692 CONGRESSIONAL RECORD — SENATE August 4, 2020 (ix) in section 220531— ‘‘(i) the corporation; and (1) by striking subsection (b); (I) by striking ‘‘, each national governing ‘‘(ii) the Athletes’ Advisory Council; and (2) in subsection (c), by striking ‘‘If the cor- body, and each paralympic sports organization’’ ‘‘(C) the voting power held by such individ- poration’’ and all that follows through ‘‘sub- each place it appears and inserting ‘‘and each uals is not less than 1⁄3 of the voting power held section (b)(1) of this section, it’’ and inserting national governing body’’; and by its board of directors and other such gov- ‘‘The corporation’’; and (II) in subsection (c)(2), by striking ‘‘each erning boards;’’; (3) by redesignating subsections (c) and (d) as paralympic sports organization,’’; (6) in paragraph (15), as so redesignated, by subsections (b) and (c), respectively. (x) in section 220541— striking ‘‘; and’’ and inserting a semicolon; (e) ENSURE LIMITATIONS ON COMMUNICATIONS (I) in subsection (a)— (7) in paragraph (16), as so redesignated, by ARE INCLUDED IN LIMITATIONS ON INTER- (aa) in paragraph (2), by striking ‘‘, each na- striking the period at the end and inserting a ACTIONS.—Section 220530(a) of title 36, United tional governing body, and each paralympic semicolon; and States Code, is amended— (8) by adding at the end the following: (1) in paragraph (2), by inserting ‘‘, including sports organization’’ and inserting ‘‘and each ‘‘(17) commits to submitting annual reports to communications,’’ after ‘‘interactions’’; and national governing body’’; and the corporation that include, for each calendar (2) in paragraph (4), by striking ‘‘makes’’ and (bb) in paragraph (3), by striking ‘‘and year— paralympic sports organizations’’; and ‘‘(A) a description of the manner in which the all that follows through the period at the end (II) in subsection (d)(3), by striking subpara- organization— and inserting the following: ‘‘makes— graph (C); ‘‘(i) carries out the mission to promote a safe ‘‘(A) a report under paragraph (1); or (xi) in section 220542— environment in sports that is free from abuse of ‘‘(B) any other report relating to abuse of any (I) by striking ‘‘or paralympic sports organi- amateur athletes (including emotional, physical, amateur athlete, including emotional, physical, zation’’ each place it appears; and and sexual abuse); and and sexual abuse.’’. (II) in subsection (a)(2)— ‘‘(ii) addresses any sanctions or temporary SEC. 7. MODIFICATIONS TO UNITED STATES CEN- (aa) in subparagraph (A), by striking ‘‘, a measures required by the Center; TER FOR SAFESPORT. paralympic sports organization,’’; ‘‘(B) a description of any cause of action or (a) NAME OF CENTER.— (bb) in subparagraph (E), by striking ‘‘or a complaint filed against the organization that (1) Subchapter IV of chapter 2205 of title 36, paralympic sports organization of each national was pending or settled during the preceding cal- United States Code, as redesignated by section governing body and paralympic sports organiza- endar year; and 4(a)(1), is amended in the subchapter heading tion’’; and ‘‘(C) a detailed statement of— by striking ‘‘SAFE SPORT’’ and inserting (cc) in subparagraph (F)(i)— ‘‘(i) the income and expenses of the organiza- ‘‘SAFESPORT’’. (AA) by striking ‘‘, or an adult’’ and inserting tion; and (2) Section 220541 of title 36, United States ‘‘or an adult’’; ‘‘(ii) the amounts expended on stipends, bo- Code, is amended— (BB) by striking ‘‘, paralympic sports organi- nuses, and services for amateur athletes, orga- (A) in the section heading by striking ‘‘SAFE zation,’’; and nized by the level and gender of the amateur SPORT’’ and inserting ‘‘SAFESPORT’’; and (CC) by striking ‘‘, paralympic sports organi- athletes; and (B) in subsection (a), in the matter preceding zations,’’. ‘‘(18) commits to meeting any minimum stand- paragraph (1), by striking ‘‘Safe Sport’’ and in- (B) The table of sections for chapter 2205 of ard or requirement set forth by the corpora- serting ‘‘SafeSport’’. title 36, United States Code, is amended by strik- tion.’’. (3) Paragraph (5) of section 220501(b) of title ing the item relating to section 220521 and in- (c) GENERAL DUTIES OF NATIONAL GOVERNING 36, United States Code, as redesignated by sec- serting the following: BODIES.—Section 220524 of title 36, United States tion 5(b)(1), is amended by striking ‘‘United Code, is amended— States Center for Safe Sport’’ and inserting ‘‘220521. Certification of national governing bod- (1) in the matter preceding paragraph (1), by ‘‘United States Center for SafeSport’’. ies.’’. striking ‘‘For the sport’’ and inserting the fol- (4) The table of sections for chapter 2205 of (b) ELIGIBILITY REQUIREMENTS WITH RESPECT lowing: title 36, United States Code, is amended by strik- TO GOVERNING BOARDS.—Section 220522 of title ‘‘(a) IN GENERAL.—For the sport’’; 36, United States Code, as amended by sub- (2) in subsection (a), as so designated— ing the item relating to section 220541 and in- section (a)(2), is further amended— (A) in paragraph (8), by striking ‘‘; and’’ and serting the following: (1) in paragraph (2), by inserting ‘‘, including inserting a semicolon; ‘‘220541. Designation of United States Center for the ability to provide and enforce required ath- (B) in paragraph (9), by striking the period at SafeSport.’’. lete protection policies and procedures’’ before the end and inserting a semicolon; and (b) LIST OF BARRED INDIVIDUALS; AUDIT AND the semicolon; (C) by adding at the end the following: COMPLIANCE.—Section 220541(a) of title 36, (2) in paragraph (5), in the matter preceding ‘‘(10) develop 1 or more policies that prohibit United States Code, is amended— subparagraph (A), by inserting ‘‘except with re- any individual who is an employee, contractor, (1) in paragraph (4), by striking ‘‘; and’’ and spect to the oversight of the organization,’’ after or agent of the national governing body from inserting a semicolon; ‘‘sport,’’; assisting a member or former member in obtain- (2) in paragraph (5), by striking the period at (3) by redesignating paragraphs (10) through ing a new job (except for the routine trans- the end and inserting a semicolon; and (15) as paragraphs (11) through (16), respec- mission of administrative and personnel files) if (3) by adding at the end the following: tively; the individual knows that such member or ‘‘(6) maintain an office for compliance and (4) by inserting after paragraph (9) the fol- former member violated the policies or proce- audit that shall— lowing: dures of the Center related to sexual misconduct ‘‘(A) ensure that the national governing bod- ‘‘(10) ensures that the selection criteria for in- or was convicted of a crime involving sexual ies and the corporation implement and follow dividuals and teams that represent the United misconduct with a minor in violation of applica- the policies and procedures developed by the States are— ble law or the policies or procedures of the Cen- Center to prevent and promptly report instances ‘‘(A) fair, as determined by the corporation in ter; of abuse of amateur athletes, including emo- consultation with the national governing bodies, ‘‘(11) promote a safe environment in sports tional, physical, and sexual abuse; and the Athletes’ Advisory Council, and the United that is free from abuse of any amateur athlete, ‘‘(B) establish mechanisms that allow for the States Olympians and Paralympians Associa- including emotional, physical, and sexual reporting and investigation of alleged violations tion; abuse; of such policies and procedures; and ‘‘(B) clearly articulated in writing and prop- ‘‘(12) take care to promote a safe environment ‘‘(7) publish and maintain a publicly acces- erly communicated to athletes in a timely man- in sports using information relating to any tem- sible internet website that contains a com- ner; and porary measure or sanction issued pursuant to prehensive list of adults who are barred by the ‘‘(C) consistently applied, using objective and the authority of the Center; Center.’’. ‘‘(13) immediately report to law enforcement subjective criteria appropriate to the applicable (c) LIMITATION ON LIABILITY.—Section any allegation of child abuse of an amateur sport;’’; 220541(d) of title 36, United States Code, as athlete who is a minor; and (5) by striking paragraph (13), as so redesig- amended by section 6(a)(2), is further amend- ‘‘(14) have in place policies and procedures to nated, and inserting the following: ed— report immediately any allegation of child abuse ‘‘(13) demonstrates, based on guidelines ap- (1) in paragraph (3), by inserting after sub- of an amateur athlete, consistent with— proved by the corporation, the Athletes’ Advi- ‘‘(A) the policies and procedures developed paragraph (B) the following: sory Council, and the National Governing Bod- under paragraph (3) of section 220541(a); and ‘‘(C) the corporation;’’; ies’ Council, that— ‘‘(B) the requirement described in paragraph (2) by redesignating paragraph (3) as para- ‘‘(A) its board of directors and other such gov- (2)(A) of section 220542(a).’’; and graph (4); and erning boards have established criteria and elec- (3) by adding at the end the following: (3) by inserting after paragraph (2) the fol- tion procedures for, and maintain among their ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this lowing: voting members, individuals who are— section shall be construed to preempt or other- ‘‘(3) REMOVAL TO FEDERAL COURT.— ‘‘(i) elected by amateur athletes; and wise abrogate the duty of care of a national ‘‘(A) IN GENERAL.—Any civil action brought in ‘‘(ii) actively engaged in amateur athletic governing body under State law or the common a State court against the Center relating to the competition in the sport for which certification law.’’. responsibilities of the Center under this section, is sought; (d) ELIMINATION OF EXHAUSTION OF REMEDIES section 220542, or section 220543, shall be re- ‘‘(B) any exception to such guidelines by such REQUIREMENT.—Section 220527 of title 36, United moved, on request by the Center, to the district organization has been approved by— States Code, is amended— court of the United States in the district in

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which the action was brought, and such district ‘‘(2) FUNDS FROM NATIONAL GOVERNING BOD- able to the corporation, including by with- court shall have original jurisdiction over the IES.—The corporation may use funds received holding funds from a national governing body, action without regard to the amount in con- from 1 or more national governing bodies to limiting the participation of the national gov- troversy or the citizenship of the parties in- make a mandatory payment required by para- erning body in corporation events, and decerti- volved. graph (1). fying a national governing body. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this ‘‘(3) FAILURE TO COMPLY.— ‘‘(iii) EFFECT OF NONCOMPLIANCE.—If the cor- chapter shall be construed to create a private ‘‘(A) IN GENERAL.—The Center may file a law- poration fails to enforce a corrective measure right of action.’’. suit to compel payment under paragraph (1). within 72 hours of a request under clause (i), (d) TRAINING MATERIALS; INDEPENDENCE; ‘‘(B) PENALTY.—For each day of late or in- the Center may submit to the Committee on FUNDING.—Section 220541 of title 36, United complete payment of a mandatory payment Commerce, Science, and Transportation of the States Code, is amended by adding at the end under paragraph (1) after January 1 of the ap- Senate and the Committee on Energy and Com- the following: plicable year, the Center shall be allowed to re- merce of the House of Representatives a report ‘‘(e) TRAINING MATERIALS.—The office for cover from the corporation an additional describing the noncompliance. education and outreach referred to in subsection $20,000. ‘‘(3) ANNUAL REPORT.— (a)(3) shall— ‘‘(4) ACCOUNTABILITY.— ‘‘(A) IN GENERAL.—Not less frequently than ‘‘(1) develop training materials for specific au- ‘‘(A) IN GENERAL.—Amounts transferred to the annually, the Center shall submit to Congress a diences, including coaches, trainers, doctors, Center by the corporation or a national gov- report on the findings of the audit under para- young children, adolescents, adults, and indi- erning body shall be used, in accordance with graph (1) for the preceding year and the status viduals with disabilities; and section 220503(15), primarily for the purpose of of any corrective measures imposed as a result ‘‘(2) not less frequently than every 3 years, carrying out the duties and requirements under of the audit. update such training materials. sections 220541 through 220543 with respect to ‘‘(B) PUBLIC AVAILABILITY.— ‘‘(i) IN GENERAL.—Each report under subpara- ‘‘(f) INDEPENDENCE.— the investigation and resolution of allegations of graph (A) shall be made available to the public. ‘‘(1) PROHIBITION WITH RESPECT TO FORMER sexual misconduct, or other misconduct, made ‘‘(ii) PERSONALLY IDENTIFIABLE INFORMA- EMPLOYEES AND BOARD MEMBERS.—A former em- by amateur athletes. TION.—A report made available to the public ployee or board member of the corporation or a ‘‘(B) USE OF FUNDS.— ‘‘(i) IN GENERAL.—Of the amounts made avail- shall not include the personally identifiable in- national governing body shall not work or vol- formation of any individual. unteer at the Center during the 2-year period able to the Center by the corporation or a national governing body in a fiscal year for the ‘‘(i) RETALIATION.— beginning on the date on which the former em- ‘‘(1) PROHIBITION.—The Center (or any offi- purpose described in section 220503(15)— ployee or board member ceases employment with cer, employee, contractor, subcontractor, or ‘‘(I) not less than 50 percent shall be used for the corporation or national governing body. agent of the Center) may not retaliate against processing the investigation and resolution of ‘‘(2) ATHLETES SERVING ON BOARD OF DIREC- any protected individual because of any pro- TORS OF NATIONAL GOVERNING BODY.— allegations described in subparagraph (A); and ‘‘(II) not more than 10 percent may be used tected disclosure. ‘‘(A) IN GENERAL.—An athlete serving on the ‘‘(2) REPORTING, INVESTIGATION, AND ARBITRA- for executive compensation of officers and direc- board of directors of a national governing body TION.—The Center shall establish mechanisms tors of the Center. who is not otherwise employed by the national for the reporting, investigation, and resolution ‘‘(ii) RESERVE FUNDS.— governing body, may volunteer at, or serve in an (through binding third-party arbitration) of ‘‘(I) IN GENERAL.—If, after the Center uses the advisory capacity to, the Center. amounts as allocated under clause (i), the Cen- complaints of alleged retaliation against a pro- ‘‘(B) INELIGIBILITY FOR EMPLOYMENT.—An ter does not use the entirety of the remaining tected individual. athlete who has served on the board of directors ‘‘(3) DISCIPLINARY ACTION.—If the Center amounts for the purpose described in subpara- of a national governing body shall not be eligi- finds that an officer or employee of the Center graph (A), the Center may retain not more than ble for employment at the Center during the 2- (or any contractor, subcontractor, or agent of 25 percent of such amounts as reserve funds. year period beginning on the date on which the the Center) has retaliated against a protected ‘‘(II) RETURN OF FUNDS.—The Center shall re- athlete ceases to serve on such board of direc- individual, the Center shall take appropriate turn to the corporation and national governing tors. disciplinary action with respect to any such in- bodies any amounts, proportional to the con- ‘‘(3) CONFLICTS OF INTEREST.—An executive or dividual found to have retaliated against the tributions of the corporation and national gov- attorney for the Center shall be considered to protected individual. erning bodies, that remain after the retention have an inappropriate conflict of interest if the ‘‘(4) REMEDIES.— described in subclause (I). executive or attorney also represents the cor- ‘‘(A) IN GENERAL.—If the Center finds that an ‘‘(iii) LOBBYING AND FUNDRAISING.—Amounts officer or employee of the Center (or any con- poration or a national governing body. made available to the Center under this para- ‘‘(4) INVESTIGATIONS.— tractor, subcontractor, or agent of the Center) graph may not be used for lobbying or fund- ‘‘(A) IN GENERAL.—The corporation and the has retaliated against a protected individual, raising expenses. national governing bodies shall not interfere in, the Center shall promptly— ‘‘(h) COMPLIANCE AUDITS.— ‘‘(i) take affirmative action to abate the viola- or attempt to influence the outcome of, an inves- ‘‘(1) IN GENERAL.—Not less frequently than tigation. tion; annually, the Center shall carry out an audit of ‘‘(ii) reinstate the complainant to the former ‘‘(B) REPORT.—In the case of an attempt to the corporation and each national governing position with the same pay and terms and privi- interfere in, or influence the outcome of, an in- body— vestigation, not later than 72 hours after such leges; and ‘‘(A) to assess compliance with policies and ‘‘(iii) pay compensatory damages, including attempt, the Center shall submit to the Com- procedures developed under this subchapter; economic damages (including backpay with in- mittee on Commerce, Science, and Transpor- and terest) and any special damages sustained as a tation of the Senate and the Committee on En- ‘‘(B) to ensure that consistent training relat- result of the retaliation, including damages for ergy and Commerce of the House of Representa- ing to the prevention of child abuse is provided pain and suffering, reasonable attorney fees, tives a report describing the attempt. to all staff of the corporation and national gov- and costs. ‘‘(C) WORK PRODUCT.— erning bodies who are in regular contact with ‘‘(5) ENFORCEMENT ACTION AND PROCE- ‘‘(i) IN GENERAL.—Any decision, report, memo- amateur athletes and members who are minors DURES.— randum, work product, notes, or case file of the subject to parental consent. ‘‘(A) IN GENERAL.—If the Center has not Center— ‘‘(2) CORRECTIVE MEASURES.— issued a final decision within 180 days of the fil- ‘‘(I) shall be confidential; and ‘‘(A) IN GENERAL.—The Center may impose on ing of the complaint and there is no showing ‘‘(II) shall not be subject to discovery, sub- the corporation or a national governing body a that such delay is due to the bad faith of the poena, or any other means of legal compulsion corrective measure to achieve compliance with complainant, the complainant may bring an ac- in any civil action in which the Center is not a the policies and procedures developed under this tion at law or equity for de novo review in the party to the action. subchapter or the training requirement de- appropriate district court of the United States, ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in this scribed in paragraph (1)(B). which shall have jurisdiction over such an ac- subparagraph shall be construed to prohibit the ‘‘(B) INCLUSIONS.—A corrective measure im- tion without regard to the amount in con- Center from providing work product described in posed under subparagraph (A) may include the troversy. clause (i) to a law enforcement agency for the implementation of an athlete safety program or ‘‘(B) JURY TRIAL.—A party to an action purpose of assisting in a criminal investigation. specific policies, additional compliance audits or brought under paragraph (A) shall be entitled to ‘‘(g) FUNDING.— training, and the imposition of a probationary trial by jury. ‘‘(1) MANDATORY PAYMENTS.— period. ‘‘(C) RELIEF.—The court shall have jurisdic- ‘‘(A) FISCAL YEAR 2020.—Not later than 30 days ‘‘(C) ENFORCEMENT.— tion to grant all relief under paragraph (4). after the date of the enactment of this sub- ‘‘(i) IN GENERAL.—On request by the Center, ‘‘(6) STATUTE OF LIMITATIONS.—An action section, the corporation shall make a mandatory the corporation shall— under paragraph (2) shall be commenced not payment of $20,000,000 to the Center for oper- ‘‘(I) enforce any corrective measure required later than 2 years after the date on which the ating costs of the Center for fiscal year 2020. under subparagraph (A); and violation occurs, or after the date on which the ‘‘(B) SUBSEQUENT FISCAL YEARS.—Beginning ‘‘(II) report the status of enforcement with re- protected individual became aware of the viola- on January 1, 2020, the corporation shall make spect to a national governing body within a rea- tion. a mandatory payment of $20,000,000 to the Cen- sonable timeframe. ‘‘(7) BURDENS OF PROOF.— An action under ter on January 1 each year for operating costs ‘‘(ii) METHODS.—The corporation may enforce paragraph (2) or (5) shall be governed as fol- of the Center. a corrective measure through any means avail- lows:

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‘‘(A) REQUIRED SHOWING BY COMPLAINANT.— ‘‘(B) A finding of whether an executive or at- ‘‘(I) authorizes the Center to take such action; The Center shall dismiss a complaint filed under torney for the Center has had an inappropriate or this subsection and shall not conduct an inves- conflict of interest during that year. ‘‘(II) declines or fails to act on, or fails to re- tigation unless the complainant makes a prima ‘‘(C) A finding of whether the corporation has spond to the Center with respect to, the allega- facie showing that any retaliation was a con- interfered in, or attempted to influence the out- tion within 72 hours after the time at which the tributing factor in the action alleged in the com- come of, an investigation by the Center. Center reports to law enforcement under sub- plaint. ‘‘(D) Any recommendations of the Comptroller paragraph (B);’’; ‘‘(B) CRITERIA FOR DETERMINATION BY ARBI- General for resolving any potential risks to the (iv) in subparagraph (F), as so redesignated, TRATION.—The arbitration may determine that a Center’s independence from the corporation. by inserting ‘‘, including communications,’’ violation of paragraph (1) has occurred only if ‘‘(3) AUTHORITY OF COMPTROLLER GENERAL.— after ‘‘interactions’’; the complainant demonstrates that the retalia- ‘‘(A) IN GENERAL.—The Comptroller General (v) by amending subparagraph (G), as so re- tion was a contributing factor in the action al- may take such reasonable steps as, in the view designated, to read as follows: leged in the complaint. of the Comptroller General, are necessary to be ‘‘(G) procedures to prohibit retaliation by the ‘‘(C) PROHIBITION.—Relief may not be ordered fully informed about the operations of the cor- corporation or any national governing body under paragraph (4) if the Center demonstrates poration and the Center. against any individual who makes— by clear and convincing evidence that the Cen- ‘‘(B) SPECIFIC AUTHORITIES.—The Comptroller ‘‘(i) a report under subparagraph (A) or (E); ter would have taken the same action in the ab- General shall have— or sence of that behavior. ‘‘(i) access to, and the right to make copies of, ‘‘(ii) any other report relating to abuse of any ‘‘(8) REVIEW.—Any person adversely affected any and all nonprivileged books, records, ac- amateur athlete, including emotional, physical, or aggrieved by an order issued under para- counts, correspondence, files, or other docu- and sexual abuse;’’; graph (4) may obtain review of the order in the ments or electronic records, including emails, of (vi) in subparagraph (H), as so redesignated, United States Court of Appeals for the circuit in officers, agents, and employees of the Center or by striking ‘‘; and’’ and inserting a semicolon; which the violation, with respect to which the the corporation; and (vii) in subparagraph (I), as so redesignated, order was issued, allegedly occurred or the cir- ‘‘(ii) the right to interview any officer, em- by striking the period at the end of clause (ii) cuit in which the complainant resided on the ployee, agent, or consultant of the Center or the and inserting a semicolon; and date of such violation. The petition for review corporation. (viii) by adding at the end the following: ‘‘(J) a prohibition on the use in a decision of must be filed not later than 60 days after the ‘‘(C) TREATMENT OF PRIVILEGED INFORMA- the Center under section 220541(a)(4) of any evi- date of the issuance of the arbitration decision TION.—If, under this subsection, the Comptroller dence relating to other sexual behavior or the of the Center. Review shall conform to chapter General seeks access to information contained sexual predisposition of the alleged victim, or 7 of title 5, United States Code. The commence- within privileged documents or materials in the the admission of any such evidence in arbitra- ment of proceedings under this subparagraph possession of the Center or the corporation, the tion, unless the probative value of the use or ad- shall not, unless ordered by the court, operate Center or the corporation, as the case may be, mission of such evidence, as determined by the as a stay of the order. shall, to the maximum extent practicable, pro- Center or the arbitrator, as applicable, substan- ‘‘(9) RIGHTS RETAINED BY EMPLOYEE.—Nothing vide the Comptroller General with the informa- in this section shall be deemed to diminish the tion without compromising the applicable privi- tially outweighs the danger of— ‘‘(i) any harm to the alleged victim; and rights, privileges, or remedies of any employee lege.’’. ‘‘(ii) unfair prejudice to any party; and (e) ADDITIONAL DUTIES.—Section 220542 of under any Federal or State law, or under any ‘‘(K) training for investigators on appropriate title 36, United States Code, is amended— collective bargaining agreement. methods and techniques for ensuring sensitivity ‘‘(10) NONENFORCEABILITY OF CERTAIN PROVI- (1) in the section heading, by striking the pe- toward alleged victims during interviews and SIONS WAIVING RIGHTS AND REMEDIES.—The riod at the end; and other investigative activities.’’. rights and remedies provided for in this section (2) in subsection (a)— (A) in paragraph (1), by striking ‘‘; and’’ and (f) RECORDS, AUDITS, AND REPORTS.—Section may not be waived by any agreement, policy 220543 of title 36, United States Code, is amend- form, or condition of employment. inserting a semicolon; and (B) in paragraph (2)— ed— ‘‘(11) PROTECTED INDIVIDUAL.—For purposes (1) by striking subsection (b) and inserting the of this subsection, a protected individual in- (i) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: following: cludes any official or employee of the Center ‘‘(b) AUDITS AND TRANSPARENCY.— ‘‘(i) law enforcement consistent with section and any contractor or subcontractor of the Cen- ‘‘(1) ANNUAL AUDIT.— 226 of the Victims of Child Abuse Act of 1990 (34 ter. ‘‘(A) IN GENERAL.—Not less frequently than ‘‘(j) REPORTS TO CORPORATION.—Not later U.S.C. 20341); and annually, the financial statements of the Center ‘‘(ii) the Center, whenever such members or than 30 days after the end of each calendar for the preceding fiscal year shall be audited by adults learn of facts leading them to suspect quarter that begins after the date of the enact- an independent auditor in accordance with gen- reasonably that an amateur athlete who is a ment of the Empowering Olympic and Amateur erally accepted accounting principles— Athletes Act of 2019, the Center shall submit to minor has suffered an incident of child abuse;’’; ‘‘(i) to ensure the adequacy of the internal the corporation a statement of the following: (ii) by redesignating subparagraphs (B) controls of the Center; and ‘‘(1) The number and nature of misconduct through (F) as subparagraphs (E) through (I), ‘‘(ii) to prevent waste, fraud, or misuse of complaints referred to the Center, by sport. respectively; funds transferred to the Center by the corpora- ‘‘(2) The number and type of pending mis- (iii) by inserting after subparagraph (A) the tion or the national governing bodies. conduct complaints under investigation by the following: ‘‘(B) LOCATION.—An audit under subpara- Center. ‘‘(B) a requirement that the Center shall im- graph (A) shall be conducted at the location at ‘‘(3) The number of misconduct complaints for mediately report to law enforcement consistent which the financial statements of the Center which an investigation was terminated or other- with section 226 of the Victims of Child Abuse normally are kept. wise closed by the Center. Act of 1990 (34 U.S.C. 20341) any allegation of ‘‘(C) REPORT.—Not later than 180 days after ‘‘(4) The number of such misconduct com- child abuse of an amateur athlete who is a the date on which an audit under subparagraph plaints reported to law enforcement agencies by minor, including any report of such abuse sub- (A) is completed, the independent auditor shall the Center for further investigation. mitted to the Center by a minor or by any per- issue an audit report. ‘‘(5) The number of discretionary cases accept- son who is not otherwise required to report such ‘‘(D) CORRECTIVE ACTION PLAN.— ed or declined by the Center, by sport. abuse; ‘‘(i) IN GENERAL.—On completion of the audit ‘‘(6) The average time required for resolution ‘‘(C) 1 or more policies that prohibit any indi- report under subparagraph (C) for a fiscal year, of such cases and misconduct complaints. vidual who is an employee, contractor, or agent the Center shall prepare, in a separate docu- ‘‘(7) Information relating to the educational of the Center from assisting a member or former ment, a corrective action plan that responds to activities and trainings conducted by the office member in obtaining a new job (except for the any corrective action recommended by the inde- of education and outreach of the Center during routine transmission of administrative and per- pendent auditor. the preceding quarter, including the number of sonnel files) if the individual knows that such ‘‘(ii) MATTERS TO BE INCLUDED.—A corrective educational activities and trainings developed member or former member violated the policies or action plan under clause (i) shall include the and provided. procedures of the Center related to sexual mis- following for each such corrective action: ‘‘(k) CERTIFICATIONS OF INDEPENDENCE.— conduct or was convicted of a crime involving ‘‘(I) The name of the person responsible for ‘‘(1) IN GENERAL.—Not later than 180 days sexual misconduct with a minor in violation of the corrective action. after the end of a fiscal year, the Comptroller applicable law; ‘‘(II) A description of the planned corrective General of the United States shall make avail- ‘‘(D) a requirement that the Center, including action. able to the public a certification relating to the any officer, agent, attorney, or staff member of ‘‘(III) The anticipated completion date of the Center’s independence from the corporation. the Center, shall not take any action to notify corrective action. ‘‘(2) ELEMENTS.—A certification required by an alleged perpetrator of abuse of an amateur ‘‘(IV) In the case of a recommended corrective paragraph (1) shall include the following: athlete of any ongoing investigation or accusa- action based on a finding in the audit report ‘‘(A) A finding of whether a violation of a tion unless— with which the Center disagrees, or for which prohibition on employment of former employees ‘‘(i) the Center has reason to believe an immi- the Center determines that corrective action is or board members of the corporation under sub- nent hazard will result from failing to so notify not required, an explanation and a specific rea- section (f) has occurred during the year pre- the alleged perpetrator; or son for noncompliance with the recommenda- ceding the certification. ‘‘(ii) law enforcement— tion.

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‘‘(2) ACCESS TO RECORDS AND PERSONNEL.— a political subdivision of a State, who meets the (f) STAFF.—The co-chairs of the Commission With respect to an audit under paragraph (1), standards specified in generally accepted ac- shall appoint an executive director of the Com- the Center shall provide the independent audi- counting principles.’’. mission, and such staff as appropriate, with tor access to all records, documents, and per- SEC. 8. EXEMPTION FROM AUTOMATIC STAY IN compensation. sonnel and financial statements of the Center BANKRUPTCY CASES. (g) PUBLIC HEARINGS.—The Commission shall necessary to carry out the audit. Section 362(b) of title 11, United States Code, hold 1 or more public hearings. ‘‘(3) PUBLIC AVAILABILITY.— is amended— (h) TRAVEL EXPENSES.—Members of the Com- ‘‘(A) IN GENERAL.—The Center shall make (1) in paragraph (27), by striking ‘‘and’’ at mission shall serve without pay, but shall re- available to the public on an easily accessible the end; ceive travel expenses in accordance with sec- internet website of the Center— (2) in paragraph (28), by striking the period at tions 5702 and 5703 of title 5, United States ‘‘(i) each audit report under paragraph (1)(C); the end and inserting ‘‘; and’’; and Code. ‘‘(ii) the Internal Revenue Service Form 990 of (3) by inserting after paragraph (28) the fol- (i) DUTIES OF COMMISSION.— the Center for each year, filed under section lowing: (1) STUDY.— 501(c) of the Internal Revenue Code of 1986; and ‘‘(29) under subsection (a)(1) of this section, of (A) IN GENERAL.—The Commission shall con- ‘‘(iii) the minutes of the quarterly meetings of any action by— duct a study on matters relating to the state of the board of directors of the Center. ‘‘(A) an amateur sports organization, as de- United States participation in the Olympic and ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA- fined in section 220501(b) of title 36, to replace a Paralympic Games. TION.—An audit report or the minutes made national governing body, as defined in that sec- (B) MATTERS STUDIED.—The study under sub- available under subparagraph (A) shall not in- tion, under section 220528 of that title; or paragraph (A) shall include— clude the personally identifiable information of ‘‘(B) the corporation, as defined in section (i) a description of proposed reforms to the any individual. 220501(b) of title 36, to revoke the recognition of structure of the United States Olympic and ‘‘(4) RULE OF CONSTRUCTION.—For purposes of a national governing body, as defined in that Paralympic Committee; this subsection, the Center shall be considered a section, under section 220521 of that title.’’. private entity. (ii) an assessment as to whether the board of SEC. 9. ENHANCED CHILD ABUSE REPORTING. directors of the United States Olympic and ‘‘(c) REPORT.—The Center shall submit an an- Section 226(c)(9) of the Victims of Child Abuse nual report to Congress, including— Paralympic Committee includes diverse members, Act of 1990 (34 U.S.C. 20341(c)(9)) is amended— including athletes; ‘‘(1) a strategic plan with respect to the man- (1) by striking ‘‘adult who is authorized’’ and (iii) an assessment of United States athlete ner in which the Center shall fulfill its duties inserting the following: ‘‘adult who— participation levels in the Olympic and under sections 220541 and 220542; ‘‘(A) is authorized’’; ‘‘(2) a detailed description of the efforts made (2) in subparagraph (A), as so designated, by Paralympic Games; by the Center to comply with such strategic plan inserting ‘‘or’’ after the semicolon at the end; (iv) a description of the status of any United during the preceding year; and States Olympic and Paralympic Committee li- ‘‘(3) any financial statement necessary to (3) by adding at the end the following: censing arrangement; present fairly the assets, liabilities, and surplus ‘‘(B) is an employee or representative of the (v) an assessment as to whether the United or deficit of the Center for the preceding year; United States Center for SafeSport;’’. States is achieving the goals for the Olympic ‘‘(4) an analysis of the changes in the SEC. 10. COMMISSION ON THE STATE OF U.S. and Paralympic Games set by the United States amounts of such assets, liabilities, and surplus OLYMPICS AND PARALYMPICS. Olympic and Paralympic Committee; or deficit during the preceding year; (a) ESTABLISHMENT.—There is established (vi) an analysis of the participation in ama- ‘‘(5) a detailed description of Center activities, within the legislative branch a commission, to be teur athletics of— including— known as the ‘‘Commission on the State of U.S. (I) women; ‘‘(A) the number and nature of misconduct Olympics and Paralympics’’ (referred to in this (II) disabled individuals; and complaints referred to the Center; section as the ‘‘Commission’’). (III) minorities; ‘‘(B) the total number and type of pending (b) COMPOSITION.— (vii) a description of ongoing efforts by the misconduct complaints under investigation by (1) IN GENERAL.—The Commission shall be United States Olympic and Paralympic Com- the Center; composed of 16 members, of whom— mittee to recruit the Olympic and Paralympic ‘‘(C) the number of misconduct complaints for (A) 4 members shall be appointed by the chair- Games to the United States; which an investigation was terminated or other- man of the Committee on Commerce, Science, (viii) an evaluation of the functions of the na- wise closed by the Center; and and Transportation of the Senate; tional governing bodies (as defined in section ‘‘(D) the number of such misconduct com- (B) 4 members shall be appointed by the rank- 220502 of title 36, United States Code) and an plaints reported to law enforcement agencies by ing member of the Committee on Commerce, analysis of the responsiveness of the national the Center for further investigation; Science, and Transportation of the Senate; governing bodies to athletes with respect to the ‘‘(6) a detailed description of any complaint of (C) 4 members shall be appointed by the chair- duties of the national governing bodies under retaliation made during the preceding year by man of the Committee on Energy and Commerce section 220524(a)(3) of title 36, United States an officer or employee of the Center or a con- of the House of Representatives; and Code; and tractor or subcontractor of the Center that in- (D) 4 members shall be appointed by the rank- (ix) an assessment of the finances and the fi- cludes— ing member of the Committee on Energy and nancial organization of the United States Olym- ‘‘(A) the number of such complaints; and Commerce of the House of Representatives. pic and Paralympic Committee. ‘‘(B) the outcome of each such complaint; (2) CO-CHAIRS.—Of the members of the Com- (2) REPORT.— ‘‘(7) information relating to the educational mission— activities and trainings conducted by the office (A) IN GENERAL.—Not later than 270 days (A) 1 co-chair shall be designated by the after the date of the enactment of this Act, the of education and outreach of the Center during chairman of the Committee on Commerce, the preceding year, including the number of Commission shall submit to Congress a report on Science, and Transportation of the Senate; and the results of the study conducted under para- educational activities and trainings developed (B) 1 co-chair shall be designated by the graph (1), including a detailed statement of and provided; and chairman of the Committee on Energy and Com- findings, conclusions, recommendations, and ‘‘(8) a description of the activities of the Cen- merce of the House of Representatives. suggested policy changes. ter. (3) QUALIFICATIONS.— (B) PUBLIC AVAILABILITY.—The report re- ‘‘(d) DEFINITIONS.—In this section— (A) IN GENERAL.—Each member appointed to quired by subparagraph (A) shall be made avail- ‘‘(1) ‘audit report’ means a report by an inde- the Commission shall have— pendent auditor that includes— (i) experience in— able to the public on an internet website of the ‘‘(A) an opinion or a disclaimer of opinion (I) amateur or professional athletics; United States Government that is available to that presents the assessment of the independent (II) athletic coaching; the public. auditor with respect to the financial records of (III) public service relating to sports; or (j) POWERS OF COMMISSION.— the Center, including whether such records are (IV) professional advocacy for increased mi- (1) SUBPOENA AUTHORITY.—The Commission accurate and have been maintained in accord- nority participation in sports; or may subpoena an individual the testimony of ance with generally accepted accounting prin- (ii) expertise in bullying prevention and the whom may be relevant to the purpose of the ciples; promotion of a healthy organizational culture. Commission. ‘‘(B) an assessment of the internal controls (B) OLYMPIC OR PARALYMPIC ATHLETES.—Not (2) FURNISHING INFORMATION.—On request by used by the Center that describes the scope of fewer than 8 members appointed under para- the executive director of the Commission, the testing of the internal controls and the results of graph (1) shall be Olympic or Paralympic ath- head of a Federal agency shall furnish informa- such testing; and letes. tion to the Commission. ‘‘(C) a compliance assessment that includes an (c) INITIAL MEETING.—Not later than 30 days (k) TERMINATION OF COMMISSION.—The Com- opinion or a disclaimer of opinion as to whether after the date on which the last member is ap- mission shall terminate 90 days after the date on the Center has complied with the terms and con- pointed under paragraph (1), the Commission which the Commission submits the report under ditions of subsection (b); and shall hold an initial meeting. subsection (i)(2). ‘‘(2) ‘independent auditor’ means an inde- (d) QUORUM.—11 members of the Commission (l) AUTHORIZATION OF APPROPRIATIONS.— pendent certified public accountant or inde- shall constitute a quorum. There is authorized to be appropriated such pendent licensed public accountant, certified or (e) NO PROXY VOTING.—Proxy voting by mem- sums as may be necessary to carry out this sec- licensed by a regulatory authority of a State or bers of the Commission shall be prohibited. tion.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 6333 E:\CR\FM\A04AU6.003 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4696 CONGRESSIONAL RECORD — SENATE August 4, 2020 SEC. 11. PROTECTING ABUSE VICTIMS FROM RE- (1) in subsection (a), in the first sentence, by a violation of paragraph (1) has occurred only TALIATION. inserting ‘‘complaints of retaliation or’’ after if the complainant demonstrates that the retal- (a) DEFINITIONS.—Section 220501(b) of title 36, ‘‘relating to’’; and iation was a contributing factor in the action United States Code, as amended by section (2) by adding at the end the following: alleged in the complaint. 6(a)(2), is further amended— ‘‘(c) RETALIATION.— ‘‘(C) PROHIBITION.—Relief may not be ordered (1) by redesignating paragraphs (8), (9), and ‘‘(1) IN GENERAL.—The corporation, the na- under paragraph (4) if the corporation or na- (10) as paragraphs (9), (10), and (14), respec- tional governing bodies, or any officer, em- tional governing body, as applicable, dem- tively; and ployee, contractor, subcontractor, or agent of onstrates by clear and convincing evidence that (2) by inserting after paragraph (7) the fol- the corporation or a national governing body the corporation or national governing body lowing: may not retaliate against any protected indi- would have taken the same action in the ab- ‘‘(8) ‘covered entity’ means— vidual because of any protected disclosure. sence of that behavior. ‘‘(A) an officer or employee of the Center; ‘‘(2) REPORTING, INVESTIGATION, AND ARBITRA- ‘‘(8) REVIEW.—Any person adversely affected ‘‘(B) a coach, trainer, manager, adminis- TION.—The corporation shall establish mecha- or aggrieved by an order issued under para- trator, or other employee or official associated nisms for the reporting, investigation, and reso- graph (4) may obtain review of the order in the with the corporation or a national governing lution (through binding third-party arbitration) United States Court of Appeals for the circuit in body; of complaints of alleged retaliation. which the violation, with respect to which the ‘‘(C) the Department of Justice; ‘‘(3) DISCIPLINARY ACTION.—If the corporation order was issued, allegedly occurred or the cir- ‘‘(D) a Federal or State law enforcement au- finds that an officer or employee of the corpora- cuit in which the complainant resided on the thority; tion or a national governing body (or any con- date of such violation. The petition for review ‘‘(E) a Federal or State entity responsible for tractor, subcontractor, or agent of the corpora- shall be filed not later than 60 days after the receiving reports of child abuse; tion or a national governing body) has retali- date of the issuance of the arbitration decision ‘‘(F) the Equal Employment Opportunity ated against a protected individual, the corpora- of the corporation. Review shall conform to Commission or other State or Federal entity tion or national governing body, as applicable, chapter 7 of title 5, United States Code. The with responsibility over claims of sexual harass- shall take appropriate disciplinary action with commencement of proceedings under this para- ment; or respect to any such individual found to have re- ‘‘(G) any other person who the protected indi- graph shall not, unless ordered by the court, op- taliated against the protected individual. vidual reasonably believes has authority to in- erate as a stay of the order. ‘‘(4) REMEDIES.— ‘‘(9) RIGHTS RETAINED.—Nothing in this sub- vestigate or act on information relating to ‘‘(A) IN GENERAL.—If the corporation finds section shall be deemed to diminish the rights, abuse, including— that an officer or employee of the corporation or privileges, or remedies of any employee or other ‘‘(i) emotional, physical, or sexual abuse; and a national governing body (or any contractor, ‘‘(ii) sexual harassment.’’; and individual under any Federal or State law, or subcontractor, or agent of the corporation or a (3) by inserting after paragraph (10), as so re- under any collective bargaining agreement. national governing body) has retaliated against designated, the following: ‘‘(10) NONENFORCEABILITY OF CERTAIN PROVI- ‘‘(11) ‘protected disclosure’ means any lawful a protected individual, the corporation or na- SIONS WAIVING RIGHTS AND REMEDIES.—The act of a protected individual, or in the case of tional governing body, as applicable, shall rights and remedies provided for in this sub- a protected individual who is a minor, an indi- promptly— section may not be waived by any agreement, ‘‘(i) take affirmative action to abate the viola- vidual acting on behalf of a protected indi- policy form, or condition of employment or asso- tion; vidual— ciation with the corporation or a national gov- ‘‘(ii) reinstate the complainant to the former ‘‘(A) to provide information to, cause informa- erning body.’’. position with the same pay and terms and privi- tion to be provided to, or otherwise assist in an (c) ELIGIBILITY REQUIREMENTS FOR NATIONAL leges; and investigation by a covered entity (or to be per- GOVERNING BODIES.—Section 220522 of title 36, ‘‘(iii) pay compensatory damages, including ceived as providing information to, causing in- United States Code, as amended by section 6(b), economic damages (including backpay with information to be provided to, or otherwise assist- is further amended— terest) and any special damages sustained as a ing in such an investigation) relating to abuse, (1) in clause (ii) of paragraph (17)(C), by result of the retaliation, including damages for including— striking ‘‘; and’’ and inserting a semicolon; ‘‘(i) emotional, physical, or sexual abuse; pain and suffering, reasonable attorney fees, (2) in paragraph (18), by striking the period at ‘‘(ii) sexual harassment; and and costs. the end and inserting ‘‘; and’’; and ‘‘(iii) a violation of anti-abuse policies, prac- ‘‘(B) REIMBURSEMENT FROM NATIONAL GOV- (3) by adding at the end the following: tices, and procedures established pursuant to ERNING BODY.—In the case of a national gov- ‘‘(19) provides protection from retaliation to paragraph (3) of section 220541(a) and para- erning body found to have retaliated against a protected individuals.’’. graph (2) of section 220542(a); protected individual, the corporation may de- SEC. 12. SEVERABILITY. ‘‘(B) to file, cause to be filed, testify, partici- mand reimbursement from the national gov- If any provision of this Act, or an amendment pate in, or otherwise assist in a proceeding filed erning body for damages paid by the corpora- made by this Act, is determined to be unenforce- or about to be filed (or be perceived as filing, tion under subparagraph (A). able or invalid, the remaining provisions of this causing to be filed, testifying, participating in, ‘‘(5) ENFORCEMENT ACTION AND PROCE- Act and the amendments made by this Act shall or otherwise assisting in such an investigation) DURES.— not be affected. ‘‘(A) IN GENERAL.—If the corporation has not relating to abuse, including— Mr. MORAN. Mr. President, I ask ‘‘(i) emotional, physical, or sexual abuse; issued a final decision within 180 days of the filing of the complaint and there is no showing unanimous consent that the com- ‘‘(ii) sexual harassment; and mittee-reported substitute amendment ‘‘(iii) a violation of anti-abuse policies and that such delay is due to the bad faith of the procedures established pursuant to paragraph complainant, the complainant may bring an ac- be withdrawn and that the Moran sub- (3) of section 220541(a) and paragraph (2) of section at law or equity for de novo review in the stitute amendment at the desk be tion 220542(a); appropriate district court of the United States, agreed to; that the bill, as amended, be ‘‘(C) in communication with Congress; or which shall have jurisdiction over such an ac- considered read a third time and ‘‘(D) in the case of an amateur athlete, in tion without regard to the amount in con- passed; and that the motion to recon- troversy. communication with the Office of the Athlete sider be considered made and laid upon ‘‘(B) JURY TRIAL.—A party to an action Ombudsman. the table. ‘‘(12) ‘protected individual’ means any— brought under paragraph (A) shall be entitled to ‘‘(A) amateur athlete, coach, medical profes- trial by jury. The PRESIDING OFFICER. Is there sional, or trainer associated with the corpora- ‘‘(C) RELIEF.—The court shall have jurisdic- objection? tion or a national governing body; or tion to grant all relief under paragraph (4). Without objection, it is so ordered. ‘‘(B) any official or employee of the corpora- ‘‘(6) STATUTE OF LIMITATIONS.—An action The committee-reported amendment, tion, a national governing body, or a contractor under paragraph (2) shall be commenced not in the nature of a substitute, was with- or subcontractor of the corporation or a na- later than 2 years after the date on which the drawn. tional governing body. violation occurs, or after the date on which the The amendment (No. 2512), in the na- protected individual became aware of the viola- ‘‘(13) ‘retaliation’ means any adverse or dis- ture of a substitute, was agreed to. criminatory action, or the threat of an adverse tion. or discriminatory action, carried out against a ‘‘(7) BURDENS OF PROOF.— An action under (The amendment is printed in today’s protected individual because of any protected paragraph (2) or (5) shall be governed as fol- RECORD under ‘‘Text of Amendments.’’) disclosure, including— lows: The bill (S. 2330), as amended, was or- ‘‘(A) discipline; ‘‘(A) REQUIRED SHOWING BY COMPLAINANT.— dered to be engrossed for a third read- ‘‘(B) discrimination regarding pay, terms, or The corporation shall dismiss a complaint filed ing, was read the third time, and privileges; under this subsection and shall not conduct an passed. ‘‘(C) removal from a training facility; investigation unless the complainant makes a Mr. MORAN. Mr. President, it is an ‘‘(D) reduced coaching or training; prima facie showing that any retaliation was a ‘‘(E) reduced meals or housing; and contributing factor in the action alleged in the honor and privilege to be here on the ‘‘(F) removal from competition.’’. complaint. Senate floor today on this cause. (b) RESOLUTION OF DISPUTES.—Section 220509 ‘‘(B) CRITERIA FOR DETERMINATION BY THE AR- Young athletes across this country of title 36, United States Code, is amended— BITRATION.—The arbitration may determine that dedicate years, sometimes decades, of

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.003 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4697 their lives to earn their spot on the sional capacities to care for and pro- Most importantly, if there is anyone world stage representing the United tect these young men and women. who deserves thanks and gratitude, it States at the Olympics. Standing on The bipartisan effort of Senator is the athletes and survivors for their that podium, they should be proud of BLUMENTHAL and I culminated in pro- exceptional bravery—the bravery they their hard work that earned them that duction of a comprehensive investiga- demonstrated through their willing- place, the honor of wearing our flag’s tive report which is this document ness to share their stories, to tell what colors at the Games. But no athlete— here—a significant work for a serious happened to them, to talk to us and to no athlete—whether an amateur ath- challenge. It also resulted in S. 2330, talk to the rest of the world. This leg- lete or an Olympian, should have to en- the Empowering Olympic, Paralympic, islation and the prior investigation are dure abuse and mistreatment to pursue and Amateur Athletes Act, the bill we only possible because of the hundreds the sport they love. are on today. of courageous and selfless survivors Were it not for the pandemic, hun- This legislation is intended to who spoke out against abuse, shared dreds of our athletes would have been strengthen legal liabilities and ac- their stories, and offered input on how in Tokyo right now representing the countability mechanisms in the gov- we can create change to make certain United States of America at the Olym- ernance structure of the Olympics or- all future athletes can participate in pics. Even though our athletes are un- ganizations, restore a culture that puts the sports they love without fear of able to compete today, we owe it to athletes first through clear procedures abuse. them to create for future athletes and and reporting requirements, and fortify I especially want to recognize the future competitors a safe place in the independence and capabilities of athletes who we worked with and who which to compete. the U.S. Center for SafeSport through shared their circumstances with us Today’s passage of S. 2330 marks a dependable funding and oversight. during our committee hearings and in step toward providing effective safe- During the November 13, 2019, mark- a number of meetings and phone calls guards and protection to Olympic, up of this legislation, the Senate Com- over 21⁄2 years: Jordyn Wieber, Jamie Paralympic, and amateur athletes merce, Science, and Transportation Dantzscher, Aly Raisman, McKayla across the Nation. Committee, our colleagues provided Maroney, Maggie Nichols, Rachael On January 25, 2018, the day after Dr. thoughtful input through amendments Denhollander, Jeanette Antolin, Emily Larry Nassar was sentenced to life in to strengthen this legislation. As such, Goetz, Jessica Howard, Sarah Klein, prison, as chairman of the Commerce I take this moment to thank my col- Kaylee Lorincz, Morgan McCaul, Han- Subcommittee on Manufacturing, leagues—Senator CANTWELL, Senator nah Morrow, Bridie Farrell, and Craig Trade, and Consumer Protection, with PETERS, Senator GRASSLEY, and Sen- Maurizi. jurisdiction and oversight over the ator THUNE—for their efforts in im- We told these survivors that while health and safety of amateur athletes, proving the legislation to put us in the powerful institutions had failed them I opened an investigation with my position that we are in today. in the past, we—our subcommittee, the ranking member, Senator I specifically thank Senator LEE for committee, and the Senate—were not BLUMENTHAL, into how the U.S. Gym- his input in the markup and his contin- going to. I would also like to thank the nastics, the U.S. Olympic and ued contribution to the legislation to staff and individuals who have advo- Paralympic Committee, and Michigan improve the processes governed by the cated for our athletes. State University allowed girls and bill. Additionally, Senator GARDNER’s On my staff: George Redden, Mat- young women to be assaulted and leadership on this legislation was para- thew Beccio, Tom Bush, Mark Crowley, abused over two decades. mount to S. 2330’s successful passage Conor McGrath, Morgan Said, Trent Nassar was ultimately sentenced to just a few moments ago. Senator GARD- Kennedy, Angela Lingg, Miranda 40 to 175 years in prison for his heinous NER’s own legislation to establish a Moore, and Thomas Brandt. crimes, but the fight to overhaul a sys- commission to study the broader issues On Senator WICKER’s staff: Olivia tem that had allowed him to evade jus- within the Olympic and Paralympic Trusty, Chapin Gregor, Tyler Levins, tice and accountability was far, far movements strengthens our ability to Crystal Tully, and John Keast. from over. guide future oversight efforts. Senator And on Senator THUNE’s staff: Peter Over the next 18 months, we con- GARDNER’s support for this package Feldman, Jason Van Beek, and Nick ducted hundreds of interviews with was critical. Rossi. athlete survivors, reviewed over 70,000 I would be remiss not to thank Sen- Despite the Olympics being post- pages of documents, and held 4 sub- ator WICKER, the chairman of the full poned and everything that is going on committee hearings, including listen- committee, for his continued support around the world today, I am grateful ing to the horrific stories from sur- as the jurisdictional chairman of the that we were able to deliver good news vivors, issuing subpoenas to leaders Senate Commerce, Science, and Trans- and take this step today. We are not who failed these athletes, watching portation Committee from the early done. We intend to keep that promise those who were charged to protect stages of this effort, and the support of and get this bill across the finish line. them plead the Fifth, and even refer- his predecessor, Senator THUNE, then We now will continue to work with ring witnesses to the Justice Depart- the chairman of the Commerce Com- our colleagues in the House of Rep- ment for failure to tell the truth. mittee, who was fundamental in this resentatives and the White House to Senator BLUMENTHAL and I stood in effort gaining the momentum it needed ensure the timely consideration and the Russell Senate Office Building with to get us to the point we are at now. enactment of the Empowering Olym- more than 80 courageous survivors of Finally, this entire effort would not pic, Paralympic, and Amateur Athletes abuse. Some of these women had been have been possible if not for the tire- Act of 2020. One is too many, but why assaulted by Nassar while competing at less and thorough work of Senator was there ever more than one? May we the Olympics, some while training with BLUMENTHAL and his staff. Serving as never have to ask that question again the national team, others while attend- chairman and ranking member of the and may there never be one in the first ing Michigan State. One by one, they same Commerce subcommittee has al- place. told us the organizations that were lowed us to work on a number of im- I yield to the ranking member, the supposed to protect them had failed portant issues and legislative items to- Senator from Connecticut. them. gether, but I can honestly say this ef- The PRESIDING OFFICER. The Sen- One person’s abuse is too much, but fort could very well be one of the most ator from Connecticut. the question asked that day by one of important bipartisan efforts and pieces Mr. BLUMENTHAL. Mr. President, I the athletes was, Why was there more of legislation resulting therefrom that am here with profound gratitude and than one? That question has stayed I have been a part of as a U.S. Senator. pride—first of all, gratitude to Senator with me since it was spoken. Not only I thank Senator BLUMENTHAL for his MORAN for his leadership, his vision, do we condemn the abuse, but we con- leadership and his team’s efforts, his courage, and his steadfastness on a demn those who allowed it to continue, again, to see that these survivors’ an- journey that had many bumps. This who failed in their responsibilities as swers could be attained and their safe- task was far from easy intellectually, human beings as well as in their profes- ty protected in the future. legally, politically, and emotionally.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.015 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4698 CONGRESSIONAL RECORD — SENATE August 4, 2020 He stayed with it, and he demonstrated failed by Michigan State University, by tional survivors who have chosen not the spirit of bipartisanship that I think the FBI, and by local police depart- to be identified publicly by name. will enable us, as partners, to achieve ments. Given the monumental abdica- They, too, contributed to this cause, more but also perhaps to reflect a tion of responsibility from countless and they, too, deserve to be recognized, model that this body may take in the people in power, no one could have as do survivors in the future who will future, even as we go through one of blamed them for surrendering hope come forward under the tools and the most difficult periods in the his- that change was possible. But against mechanisms that we are establishing tory of the Senate. those odds, they persevered, and they today. They should be recognized, val- I hope that the work that we have are the reason that we have passed this ued, and cherished for their courage in done on this bill, which affects real bill today. They stood with us—phys- the future, as well as the past. lives and real people who suffered such ically stood with us—on so many occa- Over these past years, Senator grievous harm—and I will begin where sions, evoking their suffering and pain. MORAN and I heard again and again and he ended and say that the heroes here I ask unanimous consent that the again that the USOPC and the NGBs are really the athletes and survivors. names of 140 of the Larry Nassar sur- have failed their athletes at every As extraordinary as is their perform- vivors be printed in the RECORD with turn. Men and women in these organi- ance on the field of athletic endeavor my remarks so that history will for- zations knew what was happening, and and as wonderful as is their prowess ever remember their bravery and they did nothing. They already had a and their grace, what will last in his- strength. legal duty under the law to report what tory as their enduring legacy will be There being no objection, the mate- was going on. Clearly, laying out in the the courage and strength they showed rial was ordered to be printed in the law what should be obvious—that you us again and again and again. They re- RECORD, as follows: must report allegations of sexual mis- lived one of the most deeply tragic and LIST OF SURVIVORS OF LARRY NASSAR’S conduct involving minors—was not painful chapters of their lives. ABUSE enough for them. They betrayed not As much as they celebrated victories Kyle Stephens, Jessica Thomashow, only their trust to these athletes but Chelsey Markham, Jade Capua, Alexis in gymnastics and other sports, they their legal and moral responsibilities. endured the abuse—emotional, phys- Moore, Olivia Cowan, Rebecca Mark, Beth- any Bauman, Kate Mahon, Danielle Moore, The bill that we have passed today ical, and other abuse—from coaches Marion Siebert, Annette Hill, Taylor Ste- provides for enforcement and deter- and trainers whom they trusted. They vens, Amanda Cormier, Jennifer Rood Bed- rence, and it gives Congress essential put their trust in people who betrayed ford, Nicole Soos, Ashley Erickson, Melissa oversight tools to assure that the U.S. them. It was more than just one Imrie, Megan Halicek, Katelyn Skrabis, Olympic and Paralympic Committee coach—Larry Nassar. It was more than Brianne Randall. and NGBs will comply with the height- just one sport—gymnastics. It was Anna Ludes, Lindsey Schuett, Maggie ened standards that this bill spells out. more than just 1 year or one episode, Nichols, Tiffany Thomas Lopez, Jeanette Antolin, Amanda Thomashow, Gwen Ander- No one in these organizations can plau- and it was more than just one form of son, Amanda Barterian, Jaime Doski, sibly claim ignorance now of the duty abuse. Jenelle Moul, Madeleine Jones, Kayla to report these heinous crimes, and, if Larry Nassar became the face of a Spicher, Jennifer Hayes, Nicole Walker, they try, Congress has the ability and pattern of systemic failure and abuse, Chelsea Williams, Stephanie Robinson, responsibility to intervene. and he reflected a culture of putting Carrie Hogan, Helena Weick, Taryn Look. This bill also ensures that SafeSport, medals and money above the lives of Jamie Dantzscher, McKayla Maroney, the organization tasked with inves- Lindsey Lemke, Nicole Reeb, Lyndsy Gamet, athletes, prioritizing those tangible tigating and adjudicating reports of signs of victory above the human lives Taylor Cole, Jessica Smith, Arianna Guer- rero, Melody Posthuma Van der Veen, Chris- athlete abuse, has the resources and that were impacted so adversely. Sys- tine Harrison, Kristen Thelen, Katie Ras- independence it needs to do its vital temic failures were reflected in Larry mussen, Jessica Tarrant, Mary Fisher- work. The U.S. Olympic and Nassar’s success in terrorizing these Follmer, Jordyn Wieber, Chelsea Zerfas, Paralympic Committee should play no young athletes, and it affected other Samantha Ursch, Kara Johnson, Maddie role in determining how much money trainers and other coaches who simi- Johnson, Marie Anderson. the organization charged with inves- larly betrayed trust. It affected other Amy Labadie, Ashley Yost, Aly Raisman, tigating its members’ worst crimes will sports: figure skating, swimming, as Kassie Powell, Megan Ginter, Katherine Gor- don, Katelynne Hall, Anya Gillengerten, receive each year or how that organiza- well as gymnastics. None were immune Kaylee McDowell, Lindsay Woolever, Hannah tion is run. Once this bill is signed into from the sexual, physical, or emotional Morrow, Bayle Pickel, Alexis Alvarado, Mor- law, SafeSport will be independent of abuse. gan McCaul, Trenea Gonzcar, Larissa Boyce, the resource and other powers that Almost exactly a year ago, Senator Bailey Lorencen, Valerie Webb, Whitney have prevailed in the past. MORAN and I issued the report that he Mergens, Marta Stern, Clasina Syrovy. The bill enacts numerous other re- just showed on the floor of the Senate Emma Ann Miller, Amanda Smith, Taylor forms that ensure that athlete safety Livingston, Presley Allison, Kamerin Moore, showing that this investigation into and well-being are prioritized in the sexual abuse in gymnastics and the Krista Wakeman, Samantha Daniels, Alliree Gingerich, Megan Farnsworth, Kourtney Olympic movement. It assures that Olympic movement should lead to a Weidner, Charla Burill, Lauren Michalak, morals and athletes’ interests are put bill. I thank not only Senator MORAN Vanasia Bradley, Breanne Rata, Erin first and that medals and money do not for his partnership but also other col- McCann, Catherine Hannum, Jessica Chedler take the place of athletes and their in- leagues, as he has mentioned: Senator Rodriguez, Morgan Margraves, Whitney terests. WICKER, Senator THUNE, Senator SHA- Burns, Isabell Hutchins. I want to finish by stressing the ur- HEEN, Senator FEINSTEIN, as well as Meaghan Ashcraft, Natalie Woodland, gency of this task. I urge the House to Jillian Swinehart, Alison Chauvette, Anne Senator PETERS and Senator CORTEZ Dayton, Olivia Venuto, Mattie Larson, Jes- follow our model here and move in a bi- MASTO. Each of them provided very im- sica Howard, Alexandra Romano, Arianna partisan way to enact these measures. portant assistance in this effort. Castillo, Selena Brennan, Makayla Thrush, The Tokyo Games have been delayed But most importantly—and I simply Emily Morales, Abigail Mealy, Ashley until next year, but it is essential that cannot say it enough times—the real Bremer, Brooke Hylek, Abigayle Bergeron, our framework go into effect as soon as heroes here are the athletes who shared Emily Meinke, Morgan Valley, Christina possible and that athletes be given the their stories and stood steadfast in the Barba. protection they need and deserve. The face of betrayals from the very organi- Amanda McGeachie, Sterling Riethman, urgency of this task should be shared zations that were supposed to protect Kaylee Lorinez, Rachel Denholander, Simone Biles, Gabby Douglas, Rebecca Whitehurst, by the House. them. These survivors were failed at Jennifer Millington Bott, Victoria Carlson, My hope is that the survivors of every level by their doctors, by their Nicole Hamiester, Cassidea Avery, Emily these horrible abuses, who have waited coaches, by the U.S. Olympic and Vincent, Erika Davis, Julia Epple, Angela years for this act, will see it happen Paralympic Committee, and by the na- Stewart, Meaghan Williams, Kristin Nagle, during this session and as soon as pos- tional governing boards of their indi- Alyssa Zalenski, Kelsey Morris. sible. vidual sports. The gymnasts who sur- Mr. BLUMENTHAL. Mr. President, I I want to say finally how grateful I vived Larry Nassar’s abuse were also would like to recognize the 193 addi- am to my staff. Thank you to Anna Yu,

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.017 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4699 Madeline Daly, Adam Bradlow, Subhan authorities, and it is helping survivors ical theater and thought it was more Cheema, Natalie Mathes, Charlotte obtain justice and protect our young important than assisting Americans Schwartz, Colleen Bell, and Maria athletes. who have been struggling to make ends McElwain. Senator MORAN and Senator meet. Once again, he led the way and I want to join in thanking Senator BLUMENTHAL then launched an 18- used hard-working Arizonans and MORAN’s staff. Our staffs worked to- month bipartisan investigation into Americans as pawns in a political gether with the teamwork that I think the failures of the U.S. Olympic organi- game. can also provide a model for this body. zation. They found that these gov- For the many Arizonans who are out Finally, this act is profoundly impor- erning bodies also failed to protect of work right now, this is not a game. tant to the future of Olympic athletes their athletes from acts of abuse com- So here I am again, asking for a simple and sports generally in our country. In mitted by coaches and other powerful extension through the end of this week effect, it says that trainers and coach- individuals within their organization. I so that Arizonans don’t see an inter- es, the organizations that represent am delighted that they have led the ruption to these benefits as we work them—the organizations that are sup- way and that Congress has continued through our differences. Again, I ask: posed to care for athletes should do to focus on this issue to protect the Who could possibly be against this? their jobs and keep their trust for courageous young athletes across the While some States continue expanded these athletes; protect them, not be- country who have come forward to tell checks after they expired on Friday for tray them; put them ahead of whatever their horrific stories. a few weeks, Arizonans got their last the other tangible signs of success may This bill strengthens legal liability one. These Arizonans live in my neigh- be, medals or money. It would depend against the Olympic and amateur borhood. They live on my street. They on protective, strong enforcement and sports governing bodies for the sexual worked paycheck to paycheck before on deterrence. abuses perpetrated by coaches and em- this pandemic hit, and then they My hope is that we will look back on ployees, and it gives the athletes great- couldn’t work. this day and say that it transformed er representation on these governing These Arizonans are people we know, this athletic endeavor; that it was a boards. It will also ensure that Con- like the single mom of two from Phoe- transformative moment; that it gress conducts more systemic over- nix who for the first time in her life changed the culture, not just the rule; sight. It will strengthen reporting had to rely on unemployment to sur- that it changed the way sports in the mandates for adults with knowledge of vive. She is the owner of a catering United States are played; and that it abuse allegations. These young ath- business. She has seen her income drop embodied the best values of competi- letes who train to represent our coun- drastically, as weddings and large tion and athletics in our great country. try at the top levels of competition events continue to be canceled. The Thank you. and, indeed, those at all levels of com- $840 she collected a week on unemploy- I yield the floor. petition and those who aspire to comment is helping her get through, keep- The PRESIDING OFFICER. The Sen- pete should never have to fear victim- ing her afloat, keeping her business ator from Kansas. ization by trusted coaches and sports and her family afloat to care for her Mr. MORAN. Mr. President, I would officials. two sons, one of whom is autistic and like to recognize the efforts of Senator I, too, commend the young athletes requires significant support. COLLINS, the Senator from Maine, her with whom DIANNE FEINSTEIN and I I am pleading with my fellow Sen- substantive and persistent endeavors met and who have worked so closely ators: As we work through our dif- throughout our process to see that a with Senators MORAN and BLUMENTHAL ferences, let’s extend her benefit for 1 just and right result occurs. for coming forward. These survivors week. Who could possibly be against I yield to the Senator from Maine. have told their stories. We are now her? The PRESIDING OFFICER. The Sen- going to make a difference for them Last week I heard from another sin- ator from Maine. and for future athletes. gle mother of three who lives in Tuc- Ms. COLLINS. Mr. President, let me I hope this legislation will be enacted son. She told me she is terrified of fall- begin by thanking my two colleagues, and signed into law very soon. ing into poverty because she is forced Senator MORAN and Senator Thank you. to live on $240 a week. The extra that BLUMENTHAL, for their tremendous The PRESIDING OFFICER. The Sen- we provided during this once-in-a-cen- leadership on the Empowering Olym- ator from Arizona. tury pandemic helped her pay her bills pic, Paralympic, and Amateur Ath- Ms. MCSALLY. Mr. President, I ask and make ends meet. letics Act. I am very proud to be a co- unanimous consent that Senator I am imploring my fellow Senators to sponsor of their bill. This shows what WYDEN and I be able to complete our extend her benefits, to keep her afloat the Senate can do when we work to- remarks prior to the recess. for 1 week while we work through our gether to accomplish such a critical The PRESIDING OFFICER. Without differences, to address what we need to goal. I salute both of them. objection, it is so ordered. do to fight this pandemic, to defeat This bill takes effective action to end f this virus, which we will, and provide the negligent behavior by some mem- the economic support and the recovery bers of the U.S. Olympic Committee UNANIMOUS CONSENT REQUEST we need, because America will emerge and the amateur athletic organizations Ms. MCSALLY. Mr. President, 5 days stronger from this. We need to work that oversee Olympic sports that have, ago, I stood before you and this body through those differences. Let’s just on far too many occasions, failed to and urged our fellow Senators to reach extend this for a week. Who could pos- protect young athletes from truly hor- across the aisle and find agreement on sibly be against her? rific instances of abuse. how we can best help millions of Amer- Arizona seniors are also suffering. A Right after the Larry Nassar scandal icans who have lost their livelihoods 70-year-old man in Arizona drove for broke, Senator FEINSTEIN and I intro- through no fault of their own due to Uber and Lyft before the pandemic hit. duced the Protecting Young Victims this once-in-a-century pandemic. I He can no longer safely drive strangers from Sexual Assault and Abuse Act. made a simple request for Senators to throughout Phoenix given his high-risk Members of the USA Gymnastics team be pragmatic, to meet in the middle, status. He, too, benefited from the ex- gave powerful and compelling testi- and to expand the unemployment bene- tended unemployment. That additional mony before the Senate Judiciary fits through Friday—for 7 days—while week will really make a difference for Committee about the abuses they had Congress continues to work through him. Again, I ask my fellow Senators: suffered and endured. We learned more our differences and comes up with a so- Who could possibly be against his get- about the horrific acts, the crimes lution. ting those benefits for another week? committed by Larry Nassar against the I asked: Who could possibly be These are just three of the countless members of the USA Gymnastics team. against this? Well, it turns out the mi- stories I have heard from Arizonians. Our bill, which became law in 2018, nority leader came to the floor person- They are pleading with Congress to put required prompt reporting of every al- ally in order to object. The Senator the bickering and the dysfunction aside legation of sexual abuse to the proper from New York decided to play polit- and work together.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.019 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4700 CONGRESSIONAL RECORD — SENATE August 4, 2020 When I got back home last weekend, Democratic leader, Senator SCHUMER, gle day walk an economic tightrope people were asking: Why did they ob- and the Speaker, NANCY PELOSI, all balancing their food bill against their ject? It was for 7 days while you guys made that request again and again, and fuel bill. work through your differences. Why Republicans were unwilling to do that. We just heard a little bit about how can’t you guys get your act together? So Republicans are trying to cover for we really need to solve the problem. Why can’t you just do your jobs and, in the fact that they refused to come to This does that because, under our bill, the meantime, just give us 7 more the negotiating table for months. S. 4143, the American Workforce Res- days? Our country needs a long-term solu- cue Act of 2020, what we wish to do on That is a reasonable request. That is tion that ensures the extra $600 re- our side is tie these unemployment why I am here again to offer a simple, mains available for as long as this four- benefits to the actual conditions of the commonsense solution—to extend the alarm economic crisis continues. American economy on the ground. expanded $600 for unemployed Ameri- I object. We have had this proposal for months cans through the week while we con- The PRESIDING OFFICER. Objec- now because, to some extent—and I see tinue to work through our differences tion is heard. my good friend from South Dakota. He here to provide economic support, re- The Senator from Arizona. made an important point in this dis- lief, and economic recovery for Amer- Ms. MCSALLY. Mr. President, I am cussion. He is a member of the Finance ica. Who could possibly be against this? just picturing, if you are one of my Committee, and I saw an article in Who could possibly be against this? neighbors or one of the people I men- which he stated, you know, it is impor- Therefore, I ask unanimous consent tioned who are watching TV right tant for people who are really hurting that the Senate proceed to the imme- now—this is Washington. These are bu- in a tough economy—it is important diate consideration of my bill at the reaucratic reasons why we can’t just for them to get benefits that let them desk. I further ask unanimous consent simply do what I am asking, which is pay the rent and buy groceries. Then that the bill be considered and read a extend for 1 week what we all agreed my good friend from South Dakota third time and passed and that the mo- upon in the past while we continue to made a point I agree with. He said: You tion to reconsider be considered made work together to try and solve prob- know, when the economy gets better and laid upon the table. lems on behalf of Arizonans. That is all and unemployment goes down, then—in The PRESIDING OFFICER. Is there I am asking. the words of the Senator from South objection? Bureaucratic reasons or posturing or Dakota—the benefits can taper off to Mr. WYDEN. Reserving the right to finger-pointing—people are so tired of reflect that. object. it. I am tired of it. That is why I first That is essentially what S. 4143, the The PRESIDING OFFICER. The Sen- ran to come into this deployed zone American Workforce Rescue Act that I ator for Oregon. and fight in a different way than when have authored with the Democratic Mr. WYDEN. Mr. President and col- I did in uniform but with the same leader, Senator SCHUMER, does is it ensures that we are not going to have leagues, the only thing worse than exact oath. We are here to solve prob- millions of workers every month or what the Republicans have done here— lems. We are here to represent the peo- every few months live in fear that Don- cutting off desperately needed unem- ple we represent. ald Trump and MITCH MCCONNELL are ployment insurance to millions of And, while we work through our dif- going to pull the rug out from under American families and communities— ferences, there is political theater hap- would be to allow a bill to pass that them. pening, Arizonans. There is political We would have a benefit that would promises money without actually de- theater. There is unserious negotia- reflect economic conditions on the livering it. Even if this short-term ex- tions, unfortunately, happening be- ground, and it would deal with this tension were to pass, State agencies— cause some people, like the minority economic challenge for all the months the experts in this field—have told us leader, think that this is the path to until the economy recovers. That is and the ranking Democrat on the Fi- power. Somehow, Arizonans can be what Senator SCHUMER and I put for- nance Committee in very clear terms hurt, and others can be hurt. Somehow, ward some time ago. The $600 would that States don’t have enough time to that is going to work in their favor. I gradually phase down based on the reprogram their systems and avoid a am disgusted by that. I am simply ask- State’s average unemployment rate lapse in benefits. ing for us to do our job. over 3 months. This would provide cer- The State unemployment systems Maybe I need to offer another bill tainty for families and ensure the are not equipped to flip these unem- that all Members of Congress have broader economy continues to receive ployment benefits on and off. Short- their pay held until we sit down and the support it needs. term extensions don’t work and will solve this. I did that before when the And, especially, it doesn’t set up arti- not work from an administrative CARES Act was being delayed for po- ficial timelines. That is what the Sen- standpoint. litical reasons. ate ought to be avoiding, to just set ar- No Senator has to take my word for This is frustrating. It is dis- bitrary dates. What we need to do is it. The National Association of State appointing. It is simply a 7-day exten- make sure that politicians—and, cer- Workforce Agencies has said what I sion while we work through our dif- tainly, Donald Trump and MITCH have just said: A short-term extension ferences. MCCONNELL have been willing to pull isn’t enough for the hard-working Once again, friends on the other side the rug out from under the unem- Americans relying on this lifeline who of the aisle have let Arizonans and ployed. We need to make sure that don’t have jobs to go back to. What Americans down, but we need to keep there is a plan going forward. about next week and the week after working to solve this issue and support That is what S. 4143 does, the Amer- that? the people we represent. This is a com- ican Workforce Rescue Act. It will pro- The only responsible route is to agree monsense request, and it is very dis- vide certainty for families and ensure to the extension with triggers that will appointing that they are not letting it the broader economic recovery will be lower the payments only when it is ap- through. our focus, and there will be support propriate to do so, and that means I yield the floor. until we see that kind of recovery. when the economy is in recovery, not The PRESIDING OFFICER. The Sen- So I ask unanimous consent that the when the economy is in freefall like it ator from Oregon. Committee on Finance be discharged still is now. f from further consideration of S. 4143, Republicans wish to cover for the the American Workforce Rescue Act; fact that they refused to come to the UNANIMOUS CONSENT REQUEST— that the bill be considered read a third negotiating table for months. I looked S. 4143 time and passed; and the motion to re- at the record. Literally, for months—as Mr. WYDEN. Mr. President, I would consider be considered made and laid the author of the $600 more each month like to offer a proposal that really is upon the table with no intervening ac- and the expansion to cover gig workers going to help working families and tion or debate. and others—we asked Senate Repub- those who are trying to make rent, try- The PRESIDING OFFICER. Is there licans to join us in negotiations. The ing to pay for groceries, who every sin- objection?

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.020 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4701 Mr. THUNE. Mr. President, reserving other side prior to the Senator from I object. the right to object, I would just say Oregon coming down here, which has The PRESIDING OFFICER. Objec- that the fact that the Senator from Or- been put forward by the Democratic tion is heard. egon is down here right now instead of leader, is that the Heroes Act should be Mr. WYDEN. Mr. President, while my the Democratic leader I would charac- taken up and passed by unanimous con- colleague is here, just a brief reac- terize as movement in the right direc- sent. That has been the unanimous tion—and I think my colleague knows tion. And the fact that he is making a consent request now on multiple occa- that you don’t go out and negotiate proposal that is based upon legislation sions when Senator MCSALLY or others from the seat of your pants on the that, as he mentioned, he has intro- have come down here to try and get ac- floor. duced that actually has a trigger, if tion on this unemployment issue, First, I want to be clear on this pro- you will, or a way of phasing down un- which is to come over and offer unani- posal. This is a proposal the Demo- employment benefits, I think, is a step mous consent to pick up and pass the cratic leader and I, as the ranking in the right direction because, up until Heroes Act, which, as we all know, is Democrat on the Finance Committee, now, every time that the Senator from not a serious piece of legislation. worked very closely together on. It is a Arizona has come down here to offer up In fact, the Democratic leader’s proposal that many Senate Democrats a 1-week extension of unemployment paper of record in New York, the New think could be the basis of reform, and benefits—and, by the way, I think it is York Times, said: ‘‘The bill was more a lots of people who look at the future of very reasonable and, to the Senator messaging document than a viable these kinds of economic challenges find from Oregon’s point, I find it hard to piece of legislation.’’ That comes from this idea attractive. That is No. 1. believe that any State and any com- the New York Times. Many of the pro- No. 2, my friend from South Dakota puter system which is already paying posals in that legislation had nothing thinks that somehow the benefits can out the $600 bonus wouldn’t be able to to do with the coronavirus and, in fact, just be turned on with a snap of the fin- continue that. It strikes me as just addressed a lot of other what I would ger. The National Association of State call extraneous items on the policy really unexplainable that you would Workforce Agencies have said that the agenda of the Democratic majority in have problems adjusting a computer proposal offered by the Senator from the House of Representatives, to in- system that is already programmed to Arizona would not get benefits that clude mentioning ‘‘cannabis’’ more pay $600 to continue to do that for an make rent and pay groceries to people times than it mentioned the word additional week. That defies logic to anytime soon. ‘‘jobs’’ in that legislation. The question is, Are you going to me. There are studies authorized in the So I think that is a very reasonable solve a real economic challenge here? Heroes Act that look at diversity—di- request. It would allow us additional The economy has faced, last week, a versity—in the cannabis industry— time to work on proposals like what staggering economic contraction. Ac- more mentions of that than mention of the Senator from Oregon has sug- cording to the Bureau of Labor Statis- the word ‘‘jobs,’’ which I think right tics, the last numbers, there are four gested. And there are others out there. there tells you that it wasn’t a serious The Senator from Utah, Senator ROM- piece of legislation. unemployed workers for every job. This NEY, has a proposal that would ramp It, furthermore, included—if you can idea that unemployed folks don’t want down the unemployment benefits over imagine this—tax cuts, tax cuts for to work is just insulting. time. It seems to me, at least, we Manhattan millionaires. Tax cuts for What unemployed people tell me at might be able to find some common Manhattan millionaires is included in home is that if somebody offers them a ground there between what the Senator the Heroes Act—again, not something job on Monday night, they will be there from Oregon has proposed and what the that has anything to do with helping first thing Tuesday morning. Senator from Utah or other Members the people who are hurting as a result What is really needed are solutions on our side have proposed. of the pandemic or get at the point to this question of unemployment in- I do believe that what the Senator that the Senator from Oregon is talk- surance that ties the benefits to the from Oregon is suggesting—that is, to ing about; that is, addressing the un- real world conditions on the ground. In lock in the $600 bonus indefinitely— employment issue. fact, when you have unemployment one, puts it on autopilot; two, sort of So I view this as progress. I view this like this—well over 10 percent—the $600 takes Congress out of the equation; as movement in the right direction, the extra per week coverage is clearly what and, three, it continues to offer a ben- fact that the Senator, not the Demo- is necessary to make rent and pay gro- efit that, for five out of the six people cratic leader, is down here offering an ceries. But make no mistake about it— who are receiving unemployment bene- unemployment proposal, not the He- I see my colleague from South Dakota fits, offers them more in terms of a roes Act. I hope we can build on that leaving the floor—I listened when he benefit than what they were making and find that common ground that said that there ought to be a benefit when they were working. would enable us to address clearly for folks when unemployment is high That, to me, is something that I what are serious needs among lots of and that when unemployment goes think needs to be addressed. And if you Americans who are, through no fault of down, the benefits would reflect that. talk to any small business across this their own, unemployed as a result of That is the American Workforce Res- country right now, they will tell you this pandemic. cue Act. one of the big challenges they have is Having said that, I will object to the If my colleagues are saying they trying to find workers and to compete request of the Senator from Oregon want to back S. 4143, I would like to with an unemployment payment that right now but suggest to him that he get that message in a direct kind of actually pays them more than when and Democrats other than the leader— way. they were working. Trying to get those and I think there are a number of With that, I yield the floor. employees back, I think, has been a Democrats on this side of the aisle, in- f real challenge for a lot of the employ- cluding those who lead committees ers across the country. like the Senator from Oregon, who is RECESS So I think that is an issue that has to the ranking member on the Finance The PRESIDING OFFICER. Under be addressed, and I have heard people Committee, a committee on which I the previous order, the Senate stands on this side of the aisle, both House serve and with whom I have worked on in recess until 2:15 p.m. and Senate, say the same thing. There a lot of issues—can sit down and find Thereupon, the Senate, at 1:18 p.m., have been Democratic Governors who common ground. recessed until 2:16 p.m. when called to say the same thing, that the $600 ben- But as long as rank-and-file members order by the Presiding Officer (Mrs. efit needs to be modified in a way that and leaders of relevant committees are CAPITO). more reflects what people were actu- sort of locked out and the leaders con- f ally making when they were working. tinue to try and do this behind closed So I think there is some common doors, it is going to be very hard, I MORNING BUSINESS—Continued ground that we can find, but, again, the think, to find those types of practical, The PRESIDING OFFICER. The Sen- idea that has been advanced by the real-world, commonsense solutions. ator from Tennessee.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.022 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4702 CONGRESSIONAL RECORD — SENATE August 4, 2020 THE GREAT AMERICAN OUTDOORS about some of those persons who made schools, which are in disrepair, so that ACT a difference in this historic event. the deferred maintenance of all of Mr. ALEXANDER. Madam President, There were many marchers in this those would be added to this. this morning, I had the privilege of at- parade. There always are when some- He said: Yes, let’s do it. tending the President’s signing of the thing passes in the U.S. Senate. One I called that information back to the Great American Outdoors Act. Senator never really does anything. It bipartisan group of managers, and the Now, this is a town, Washington, DC, takes a parade of Senators—almost al- group was excited. It was added to the that is accustomed to hyperbole—that ways of both parties—and it takes the bill, and that became law today as is exaggeration—and excessive par- House of Representatives. It also takes well. tisanship. Yet, today, we had neither. the President of the United States. Take the Cherokee National Forest, As the Secretary of the Interior said, Because Presidents don’t always get which is adjacent to the Great Smoky the bill the President signed is, clearly, the credit they deserve, I want to say Mountains National Park. We hear the most important conservation and that there were many marchers in this more about the Smokies, for 10 million, outdoor recreation legislation that has parade—there were Democrats and Re- 11 million, 12 million people go there passed in this Congress and become law publicans, and there were hundreds of every year. It has a $224 million main- in at least a half century. It may only outdoors groups—but this historic con- tenance backlog. This will cut that in be exceeded by the actual funding of servation legislation would not have half over 5 years. The Cherokee Na- the National Park System itself as it happened had it not been for President tional Forest is right next to the was gradually created, over time, to Trump. Here is why. Smokies and has 3 million visitors a become an agency with 419 properties. He is the first President of the year, which is more than most national This legislation does two things. United States to allow and support the parks. It has a $27 million backlog, and One, it tackles the deferred mainte- use of money derived from energy ex- this will cut that in half. The Indian nance backlogs in the Park System. By ploration on Federal lands for deferred schools will get hundreds of millions of that I mean, look at our campground maintenance in our national parks, and dollars in order to build them back up, in the Great Smokies, which normally if the President and the Office of Man- and they are in bad shape. has 5,000 families camping there, but it agement and Budget don’t support So the President deserves credit for has been closed for a number of years that, it is not going to happen, which is that. There were many important because the sewage system doesn’t one reason this bill hasn’t happened marchers in that parade, but it would work. There are examples all across even though people have been trying to not have happened without President this country, from the Pearl Harbor do it for years. Trump. Visitor Center to the National Mall, of I mentioned the history of this and Let me just mention some of the worn-out trails, of roads with holes in the deferred maintenance. As the Sec- other marchers, and let’s talk about them, of roofs that leak, and of sewage retary of the Interior pointed out, it the ones in the U.S. Senate. I will not systems that don’t work. As a result, was in the Eisenhower years when we go on at great length about them, but campgrounds are closed because bath- had the last big investment in our Na- I do want to acknowledge them. rooms don’t operate. tional Park System. I know for a fact Let’s start with Senator WARNER, of All of these are our national parks that the Land and Water Conservation Virginia, and Senator PORTMAN, of and our public lands, which is where we Fund, which was the other important Ohio. They, in working with the Na- want to go and where we especially part of this legislation—$900 million a tional Parks Conservation Association want to go right now because what all year permanently for the Land and and others, introduced the bill to re- of us want is to get out. We want to get Water Conservation Fund—was a rec- duce the maintenance backlog in the outdoors. We want some fresh, clean ommendation of the Rockefeller Com- parks. Secretary Zinke came to Ten- air that we can breathe. mission in the Lyndon Johnson admin- nessee 3 years ago and asked me to do The head of Bass Pro Shops was tell- istration, which Congress enacted in a similar thing, and I worked with Sen- ing me at the White House this morn- 1964. ator KING of Maine. We introduced a ing that, at first, COVID really hurt I spent some time on that myself bill. Then we put those bills together. Bass Pro Shops and that they had to when I was Chairman of the President’s So Senator WARNER, Senator KING, and close a lot of stores. Guess what is hap- Commission on Americans Outdoors in Senator PORTMAN deserve a lot of cred- pening now. The purchasing of fishing 1985 and 1986. It was our No. 1 rec- it for the work they have done on that licenses is going up at a record level. ommendation that Congress should do part of the bill. People are taking their sons and what had been recommended in 1964, Then we have the Land and Water daughters and grandsons and grand- and now we are in 2020. Conservation Fund. I mentioned how daughters fishing and hunting—out- So good people have been working long that work had been going on. Sen- doors and to the parks. This is some- since 1964 to make the Land and Water ator BURR of North Carolina has been thing that everyone who cares about Conservation Fund permanent, and it an advocate of that for many years. the outdoors has been worried about was signed into law today. Good people Senator CANTWELL, a Democrat from since the last generation—that young have been working since the Eisen- Washington State, has been as well. people were not going out to the parks. hower years to deal with the deferred More recently, Senator MANCHIN, who They are going today because they maintenance backlog—the potholes, is the ranking Democrat on the Energy want to get outside. the roofs, the sewage systems, the vis- and Natural Resources Committee, has So today was a wonderful day, and itor centers, and the malls—in our na- taken a major leadership role in the everyone agreed that this was the most tional parks. That bill was signed Land and Water Conservation Fund. important bill for conservation and the today. It is historic. If the President Then there were Senators GARDNER outdoors in at least a half century. The had not allowed the money to be used and DAINES. If there were a parade, you Republicans agree with that. The in that way and had not supported it would have to say they were the drum Democrats agree with that. Hundreds strongly in the Republican caucus, majors. They were out front. They of conservation groups agree with that. where we had some trouble getting helped to work with the President. The President of the United States also enough votes until we got plenty of They helped to work with this group. agrees with that. It is no exaggeration votes, it wouldn’t have happened. So you can see what kind of parade we to say that something remarkable and He did one other thing which people are talking about. historic happened today when the don’t know about. Our bipartisan group Senator HEINRICH of New Mexico—a President signed the Great American of Senators asked me if I would ask strong, progressive Democrat, with Outdoors Act. It is also accurate to say him, when he visited Tennessee in great respect in his caucus—made sure it was wholly bipartisan because it early March, if he would add to the bill that we kept the thing on balance and never would have passed if it had not or if he would support adding to the brought a real conservationist zeal to been, and it barely passed even though bill the national forests and the na- this effort. it was. It took a Herculean effort. So I tional wildlife refuges in the Bureau of We take him for granted, but let us come to the floor briefly today to talk Land Management and the Indian give Senator MCCONNELL, the majority

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.024 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4703 leader, some credit. In the middle of walking across Tennessee in my cam- finally produced a so-called relief pack- COVID, he agreed, at our request, to paign for the Governor of Tennessee. I age that actually grants corporations a give us 2 weeks to debate this bill and walked in a red and black shirt—a lot ‘‘get out of jail free’’ card if their em- try to pass it—2 weeks of Senate floor like the mask I wear today. People ployees or customers get sick. It guts time. If MITCH MCCONNELL had not put would give me walking sticks, and this jobless benefits. It rolls back critical the bill on the floor, the bill would was a walking stick that was carved by civil rights protections for workers, in- never have had a chance to pass. a Smoky Mountain craftsman. It is a cluding communities of color, I thank the Democratic leader, as mountain man walking stick. It is, LGBTQIA and other people, women, well, for creating an environment with- really, a beautiful stick. older Americans, and people with dis- in his caucus wherein we could work I gave it to the President. He looked abilities. through the difficult issues that arose. a little surprised, and then he took it It is a package that fails to keep our Now, that is just part of the honor and walked away with it. childcare sector stabilized for more roll of U.S. Senators who were involved I said: Mr. President, you may find than a month; to provide the signifi- in all of this, but it is an important this will come in handy during the rest cant funding we need to finally make honor roll. of the year. testing and contact tracing fast, free, I should add Senator COLLINS, of He said: I think it will. and everywhere; and to require the Maine, who, from the beginning, was a So that was a heartfelt gesture to the type of end-to-end, comprehensive plan strong supporter of both the Land and President. I am glad he liked it. I know that we need to make sure safe, effec- Water Conservation Fund and of the the people in the Great Smoky Moun- tive vaccines are cost-free and wildly Restore Our Parks Act. tains like this piece of legislation and available. So, when I say ‘‘parade,’’ that is what are grateful for his work on it. I hope Their package will not help the mil- I am talking about. There are many he keeps that walking stick as a token lions who have lost health insurance marchers in this parade, and every sin- of respect for his support and apprecia- coverage during this crisis or help peo- gle one of those U.S. Senators—both tion for what he has done to help this ple suffering from the virus afford Democrats and Republicans—was es- whole parade of Senators on both sides treatment. It does nothing to address sential to the passage of this bill. of the aisle create this new law. the impact of this virus on Black, The final group was made up of out- I yield the floor. Latinx, Tribal communities, and other side groups. Some people said there The PRESIDING OFFICER. The Sen- communities of color, and it provides were more than 800 conservation and ator from Washington. zero relief for State, local, and Tribal outdoor groups in support of this. That Mrs. MURRAY. Madam President, governments, which is an absolute ne- sounds a little bit like hyperbole to the last 6 months have been among our cessity for my State and so many oth- me, but I think it might have been country’s most trying and pain-filled ers. true. I mean, this is something that or- in recent history. Nearly 160,000 Ameri- If that is not enough, one of the cen- ganizations have worked on for dec- cans have lost their lives—that is more terpieces of this bill is a demand, ades—literally decades. Some of the than enough people to fill Seattle’s tweeted out by the President of the people I saw at the White House today CenturyLink stadium twice—and 4.7 United States, which I, as a former pre- were the same people I met in the mid- million Americans have been infected. school teacher and a mom and a grand- 1980s when I was the Chairman of Everywhere, nationwide, we see the mother, find especially insidious and President Reagan’s Commission on economic consequences of this virus— harmful. This is the Republican policy Americans Outdoors. Most of the peo- millions of people losing their jobs and to try to force schools to reopen for in- ple involved with the Rockefeller Com- their healthcare; millions more at risk person learning, regardless of what the mission are gone now, which was in of losing their homes; food lines a mile public health experts recommend. This 1963 and 1964, but people for decades long. All of this as our country begins policy is a lose, lose, lose. It threatens have worked on this. I couldn’t begin long-overdue work to grapple not just the health and safety of students and to mention all of them, but The Nature with police brutality against Black families, educators and communities. Conservancy would be one. Pew would people and communities of color but It would in particular pressure high- be another. Then there is the National also with the racial injustice imbedded need school districts to reopen in per- Wildlife Federation, the Congressional in our laws and policies, which has son despite the risk, and it could Sportsmen’s Foundation, the National caused COVID–19 to have vastly dis- spread this virus further and longer. Parks Conservation Association, and proportionate impacts on those very Many school districts are already re- the National Park Foundation. Sally same communities. jecting that policy and planning for Jewell, the former Secretary of the In- Since my home State of Washington distance learning this fall for every terior in the last administration, was hit hard early back in February, I student because, let me be clear, no helped to organize and lead many of have been ringing alarm bells every student’s education, regardless of these folks. day, day in and day out, about the need where it takes place, should falter be- So you can see, with that sort of for the Trump administration and this cause the President wants to pretend breadth and every Interior Secretary Republican-controlled Senate to act this virus has gone away or because from Babbitt to Zinke, we had quite a with urgency, to listen to public health Republicans in the Senate are unwill- parade of Americans who wanted to experts, and to follow the science and ing to stand up to him. celebrate the great American outdoors. put the health and safety of workers If a school cannot safely reopen in People say that Italy has its art, that and families above any political con- person, they need the resources to en- England has its history, that Egypt has sideration. So you can imagine my sure that every student and educator its pyramids, but that the United frustration that for months, as Demo- has access to a computer, to the inter- States has the great American out- crats urged Republicans to work with net, and to other equipment necessary doors. We celebrated that today, and I us on additional relief and pass legisla- to learn outside of a traditional class- was proud to be one marcher in that tion to do just that in the House, Re- room. So what we need to do is pass parade. publicans have refused. the Coronavirus Child Care and Edu- As the President signed the legisla- As we got closer and closer to laid-off cation Relief Act, which provides K–12 tion, I was thinking of some gesture I workers seeing dramatic cuts in unem- schools with $175 billion to make sure could make to him or gift I could give ployment benefits, as we got closer to schools can continue to educate stu- him that would be appropriate so as to the expiration of the eviction morato- dents in whatever way is safest. recognize, of all of the marchers in the rium, we heard the Senate Republican It makes addition investments in sta- parade, that he was the most con- leader was ‘‘in favor of States just bilizing our childcare and higher edu- sequential because, if he had not sup- going bankrupt.’’ That was April. We cation systems, which are facing finan- ported it, it wouldn’t have happened. heard that Senate Republicans didn’t cial crisis, and it helps ensure that stu- So I took with me a walking stick that feel any urgency to act. That was May. dents of all ages, who are dispropor- was as tall as I am—about his size— Now it is August, and with this virus tionately impacted by this virus, are that was given to me in 1978 when I was still raging, Senate Republican leaders supported through all they are facing.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.025 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4704 CONGRESSIONAL RECORD — SENATE August 4, 2020 I know there are some who say the TRIBUTE TO JOE BARKSDALE beef values, which is what the packing investments we are proposing are too Mr. GRASSLEY. Madam President, company gets paid. much. Well, what I would say to them, for the benefit of my colleagues who For the years 2016 to 2018, this spread as a former chair of the Budget Com- want to speak next, I have a 1-minute averaged about $21 per hundredweight. mittee in the Senate, is that budgets remark and approximately 5 minutes of Soon I will be comparing that to a are statements of our values and our remarks. very, very big increase from that $21. priorities, and I believe that one of our Today is National Chocolate Chip However, during April and May, there top priorities at all times, but espe- Cookie Day. It is a perfect day to sa- were major beef supply disruptions, as cially in a pandemic, should be making lute an Iowa entrepreneur who built a large numbers of plant workers con- sure that students and families and cookie empire at the Iowa State Fair. tracted COVID–19. Because there are educators do not have to choose be- Last year, his business sold 2 million only four companies that slaughter 80- tween safety and quality public edu- chocolate chip cookies during the 11 percent of the cattle, companies have cation. days of the fair. the advantage of purchasing cattle The parents and families I am hear- A lifelong salesperson and legendary from thousands of producers, acting as ing from are under such immense pres- concessionaire, this 92-year-old Iowan a chokepoint for the entire industry. sure right now. My question to Repub- is in a league of his own. After more These packers dominate the market- lican leaders is, why, when things are than a quarter century rolling cookie place and limit opportunities for price already so hard, are you determined to dough at the State fair, Joe Barksdale negotiation. During this time, in these recent make them harder for people who are decided it was time to hang up his months, packer profit margins topped already struggling so much? apron. However, his legacy will con- out at a spread of $279 per hundred- This question is personal for me for a tinue for generations to come. He is weight compared to the $21 that I pre- lot of reasons, one of which is because, paying it forward by giving back to the viously mentioned. This was the larg- when I was growing up, my family fell people of Iowa. Joe gifted his legendary est spread between the price of fed cat- on hard times. My dad, who was a cookie recipe to the Iowa State Fair so tle and the price of boxed beef since the World War II veteran, was diagnosed that its profits could be reinvested for inception of the mandatory price re- with multiple sclerosis, and he couldn’t years to come. porting law of 2001. So while all the work any longer. That meant that my As of today, Barksdale’s State Fair packers were making record profits, mom, who had stayed home to raise Cookies has a brand new home. The the independent producer had nowhere our family, had to take care of him permanent cookie building will shorten while also working to support our fam- even to market his livestock. customer wait times with a dozen sales It is important to note that the im- ily. Her job didn’t pay enough to sup- windows. For anyone who hasn’t tasted pact of consolidation doesn’t just hurt port me and my six brothers and sis- this State delicacy, I suggest you put producers. It hurts consumers. We have ters or cover the growing medical bills. it on your bucket list. seen the price of ground beef and For several months, we had to rely on f steaks—a staple in many American food stamps, and then my mom got diets—double or triple recently. Gro- Federal support to go back to school, CATTLE SPOT PRICING cery stores also limited the amount of and she got a better job. My brothers Mr. GRASSLEY. On another matter, meat that families could buy. All this and sisters and I got grants and stu- Madam President, Iowa is home to has made it very clear that the cattle dent loans to go to college. 86,000 family farms and leads the Na- market is broken and real action is The point is, I know things could tion in the production of commodities, needed to fix it. have gone a far different way for us had such as corn, where we are No. 1; soy- Thankfully, the Trump administra- the government just said: Sorry; you beans, No. 2; pork, and eggs, No. 1. Iowa tion stepped up to this cause. It has re- are on your own. also ranks in the top 10 in cattle pro- sponded with two decisive actions to Well, right now, families across the duction, as many family farms raise address the country’s cattle market. country have fallen on incredibly hard livestock alongside their corn and soy- First, the U.S. Department of Agri- times. They are worried and scared be- beans. culture and the Department of Justice cause, so far, ‘‘You are on your own’’ is The 2017 USDA Census of Agriculture are both investigating the practices of largely what this Republican-con- showed over 23,000 farms in Iowa that these packing companies, particularly trolled Senate and administration have raise cattle or calves, with annual sales the four that dominate the market. told them. of $4.7 billion. Caring for livestock While this will take time, President We owe every worker and family, in- takes a spirit of commitment, selfless- Trump has personally asked for these cluding immigrant families—so many ness, and, of course, hard work. These investigations and said he did it be- of whom are on the frontlines of this farmers get up very, very early in the cause he wants to protect the family fight—relief that reflects the depth of morning, work on their farms all day, farmer. this crisis and helps them get back on and are active members of their com- Second, on July 22, the USDA issued their feet, just like mine was able to; munities. These families and their val- a significant report that lays out a relief that helps kids learn safely and ues form the foundation of what makes roadmap to fix the cattle marketplace. keeps families in their homes, with up our rural communities across Iowa. The U.S. Department of Agriculture food on the table, until we can get However, over the years, the consoli- mentions 12 different ways to create through this; relief that helps us come dation of the beef industry has threat- additional price discovery, increase back stronger as a nation. It is not too ened the very livelihood of these fami- marketplace competition, and have a much to ask. In fact, it is what we are lies and rural communities where they more transparent relationship between supposed to be here to do, and it is reside. From the 2012 USDA Agri- the price of live cattle and the beef what I and Democrats are going to culture Census to the 2017 Agriculture products that the consumer buys. keep fighting for. Census, Iowa lost nearly 1,500 cattle This investigation and report are I yield the floor. producers. This is not a new issue to very much a breath of fresh air, par- the beef industry. The concern of fair ticularly for this Senator who has been I suggest the absence of a quorum. and transparent cattle pricing has seen bringing this issue to the attention of The PRESIDING OFFICER. The increased attention due to disruptions Agriculture Department and Justice clerk will call the roll. in our food supply chain. It has been Departments under both Republican The senior assistant legislative clerk very obvious during this period of the and Democratic administrations for a proceeded to call the roll. virus pandemic. long period of time. We have had mul- Mr. GRASSLEY. Madam President, I For background, the U.S. Depart- tiple administrations from Democrats ask unanimous consent that the order ment of Agriculture mandates price re- to Republicans ignoring independent for the quorum call be rescinded. porting for live cattle and tracks the cattle producers and the broken cattle The PRESIDING OFFICER. Without spread between fed cattle prices—what market. So I am very grateful that objection, it is so ordered. the producer gets paid—and the boxed President Trump and Secretary Perdue

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.027 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4705 take this issue seriously, when so the fact is that rural America is being Now, it is obvious to anybody who many others before them have ignored cast aside, and it is falling prey to cor- looks at this situation that the packers this problem. porate interests whose only concern is are using these crises to force markets In the report issued by Secretary about making a quick buck. The truth to work for them only. One of the ways Perdue, one of the considerations for of the matter is that the American cat- the packers get away with this is by Congress is to create a mechanism to tle ranchers are suffering. limiting transactions that take place mandate negotiated cash trades. I am It is an open secret that meat pack- on the spot for cash markets. Instead, getting to one of the very key reasons ers have been taking advantage of they set prices with formulas that why I am on the floor today, because I small-scale ranchers, family ranchers, allow them to use unfair market power see some of the actions in this report and the small and medium-sized feed- to put corporate profits over families, from Secretary Perdue as almost an ers for years. While some of us have ranchers, feeders, and over consumers. endorsement of the Grassley-Tester 50/ been raising the issue for some time, it That is why Senator GRASSLEY and I 14 concept. is now becoming apparent and it has wrote a bill requiring large-scale pack- The Grassley-Tester bill will require come into the national spotlight. ers to increase the proportion of spot half of packers’ weekly volume of beef Almost 1 year ago exactly, a fire at a transactions to 50 percent of the total slaughter to come as a result of pur- beef packing plant in Holcomb, KS, cattle purchases. This would hold cor- chases made on the cash market. The halted 5 percent of our country’s beef porate packers accountable; make pric- fact is that without a mandated distribution capacity. It caused the ing fairer for our producers—cow-calf amount of cash trade, independent pro- price of meat in grocery stores to sky- operators, small- and medium-size ducers become residual suppliers and rocket and caused a sharp decline in feeders; and bring more money into then lack the leverage to fairly nego- cattle prices at the farm gate. It was rural economies and into the pockets tiate with packing companies. Montana producers and producers of these families who are feeding this Besides the Grassley-Tester bill, Con- across this country who took the hit country and the world. gress has the responsibility to fully vet while the meatpacking industry re- I fear these words are falling on deaf the 11 other considerations that the ported record profits. ears. The fact is, we need more support Trump administration lays out in its Following that fire, Senator GRASS- from this body. We need our colleagues report. The Agriculture, Nutrition, and LEY and I demanded that the Depart- on both sides of the aisle to sign on to Forestry Committee should hold hear- ment of Agriculture conduct an inves- this critical legislation so that we can ings on this road map. We should bring tigation looking into price manipula- ensure that folks who have been rais- a diverse set of stakeholders, govern- tion by the largest packers. Although ing our food for generations are able to ment officials, business executives, and this investigation is ongoing, their meet the bottom lines and that fami- findings thus far have been disturbing. subject matter experts to explain the lies in both rural and urban areas who Their findings clearly show that mar- challenges that cattle producers are rely on affordable beef can keep put- kets are being manipulated and the facing. The hearings would allow the ting food on the table. We needed you packing industry is walking all over committee to properly vet proposals to to join us yesterday because rural America’s ranchers and consumers. improve mandatory price reporting, Just when we thought that condi- America needs help today. Folks across which needs to be reauthorized by Sep- tions for producers couldn’t get much my State need help now. I know many of my colleagues—espe- tember 30 of this year. worse and as we saw cattle prices drop cially those of you who are on the cam- The beef industry employs hundreds lower than they have been in decades, paign trail—are always looking for of thousands of hard-working men and ranchers were hit with yet another dis- ways to show support for rural Amer- women who work each day to help feed aster. That disaster was the ica. I am calling on you to join Senator our country and, because we export so coronavirus pandemic. much, you can say feed the world. This virus forced many of the largest GRASSLEY and me in standing up As the U.S. Department of Agri- packing plants to shut their doors, de- against this profiteering. culture Census shows, we are losing pleting the Nation’s beef capacity by Another way you can help American producers due to consolidation. We nearly 40 percent. Yet again, it was our ranchers today is by supporting a bill need to show these men and women small-scale cow calf operators, along that my colleague Senator ROUNDS and that Washington, DC, is listening. We with everyday consumers, who have I wrote, the New Markets for State-In- need to show our rural communities seen skyrocketing beef prices through- spected Meat and Poultry Act. It is a that we want them to survive. We must out the last year, and we have seen critical bill that will cut needless red- develop solutions to the problems that lower and lower prices for the cow calf tape preventing ranchers from properly they are facing. operators and the small to medium- utilizing State-inspected meat facili- I will continue to be the voice for sized feeders. They are the ones taking ties to be able to sell their products independent producers. Today, I am the hit. In April and May of this year, across State lines. asking my colleagues and Congress to we saw the largest ever price discrep- We have an opportunity to work on be that voice with me. Support my bill ancy between the price of boxed beef these commonsense bills together— with Senator TESTER and bring com- and the price received by the cattle something that doesn’t happen very petition and price transparency back owner, growing from $66 per hundred- often in this Senate. We have a critical to the cattle markets. While I am at it, weight on the boxed beef to $279. chance to support folks who are the I want to reemphasize something I pre- I need to repeat that, because it is very reason we can enjoy a juicy burg- viously said. The Ag committee should nothing short of ridiculous. From early er or a tender steak. hold a hearing on these issues and do it April to the middle of May, the price Let me close with the words of a per- very soon. for what American cattle ranchers son who is in the cattle industry on the I am happy to see Senator TESTER on were selling for the beef shipped to ground in Montana who told me about the floor, who I think is here to speak stores across this country increased by 60 days ago that we are at a crisis point on the very same issue. 323 percent. in production agriculture when it I yield the floor. Mission control, we have a problem comes to beef. If something is not done The PRESIDING OFFICER. The Sen- here. on this issue of packer control of prices ator from Montana. Our ranchers and the American pub- in the marketplace, if something isn’t Mr. TESTER. Madam President, I lic are being taken advantage of in the done to ensure that capitalism isn’t want to thank Senator GRASSLEY for midst of a global health crisis that has working here and that we need to put his leadership on this issue. He has also driven us into an economic crisis. some sideboards on this to funnel some known for a long time, as I have To top it off, cattle transactions on the of the money down to the growers and known, that something is amiss in the cash market took a steep decline fol- the small- and medium-sized feeders, competition in the cattle business. lowing the Holcomb Fire, allowing for then our food chain for red meat will I rise today to speak about that. It even more price manipulation by the change. I know for the vegetarians in isn’t talked about enough in this body packers while the number of cows the crowd that might sound like a good or in the United States in general, but slaughtered increased by 5,000 head. deal, but it is not because the fact is,

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.028 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4706 CONGRESSIONAL RECORD — SENATE August 4, 2020 when the food chain in rural America clude additional relief for State and As I mentioned before, Louisiana, my goes bust—because that is what we are local communities in this relief pack- State, is facing serious shortfalls. We on the verge of—this whole country age. are still struggling with a second wave will be diminished by that. Senator BOB MENENDEZ—and his staff of COVID cases. Yesterday, we had the So it is important that my colleagues has been a wonderful team to work No. 1 per capita incidence of here in the Senate work with Senator with—and I have offered a bipartisan coronavirus. The State is having to GRASSLEY and me to fix this problem. proposal called the SMART Act to help continue in a phase 2 lockdown, which It will not be fixed by not doing the communities through this pandemic. I strains not only my folks in Louisiana things we need to do in this body. Sen- am privileged to be joined today by but also the revenue of the local com- ator GRASSLEY and I have a bill, and Senator MENENDEZ and Senator COL- munities where they would otherwise Senators ROUNDS and KING have a bill, LINS to speak on its behalf. spend their money. and we need to get those two bills The SMART Act calls for $500 billion Folks back home know the con- passed and move on to ensure fairness in funding for State and local govern- sequences if they don’t receive support. in the marketplace. ments, and it would be dispersed in There were 22 parish presidents who I yield the floor. thirds. One-third is based on a State’s signed a letter supporting the SMART The PRESIDING OFFICER. The Sen- population. Clearly, California needs Act. They wrote: ator from Louisiana. more than Alaska. One-third is based As elected leaders with parish populations upon the COVID–19 impact. My State ranging from over 400,000 to 18,000, the f has had one of the highest per capita COVID–19 pandemic has created unprece- CORONAVIRUS incidences of coronavirus infection. We dented challenges for all local governments have been terribly impacted. One-third not only within Louisiana, but nationally. Mr. CASSIDY. Madam President, I The extreme loss of tax revenues, which pro- rise to address the issues regarding the is based upon revenue lost, which, vide for essential services, coupled with un- COVID crisis. Now, as we know, the again, my State, as well as the States foreseen costs brought onto us by the re- COVID crisis is a public health crisis of my colleagues, has been very im- sponse to COVID–19 pandemic, has the poten- which has led to an economic crisis pacted. It is a fair formula that tial to have an extremely detrimental effect and, in turn, an educational crisis. prioritizes funding to the hardest hit. on our role to provide for the citizens of our parishes. Today, I am going to speak about an The need is great. S&P Global re- aspect of the economic crisis—specifi- leased a report detailing the State sus- I received a letter from more than 80 cally State and local governments, ceptibility to fiscal distress in a mayors across my State giving ‘‘their strong support and thanks’’ for efforts which have had to shut down their COVID–19 recession. There were 38 States that had a high or very high to pass the SMART Act because they economy and, in turn, have lost all the risk of economic exposure. S&P’s find- know I am working to deliver the sup- tax revenue they otherwise would re- ings echo a Moody’s report that also port they need for their communities ceive and, because they have lost that predicted dire effects to States and cit- or mutual constituents. And mayors tax revenue, have put the jobs of fire- ies if nothing is done. Moody’s found ranging from cities as large as Shreve- fighters, police officers, teachers, sani- that 34 States will see tax revenue fall port to as small as Glenmora and Ath- tation workers, and other essential by double-digit percentage points, the ens wrote: frontline workers at risk. So let me worst of which are Alaska falling 80 The SMART Act would provide funding for proceed. percent, Louisiana at 46 percent, and municipal economic recovery that will sup- Senate Republicans have unveiled a North Dakota at 44 percent. port the reopening of businesses and allow proposal for a second line of support for According to the National Associa- Louisiana to move forward. We are grateful American families and small busi- tion of Counties, local communities— for Senator CASSIDY’s bipartisan efforts and nesses as our Nation continues to com- for his longstanding partnership with Louisi- not States; local communities—antici- ana’s governments. bat the COVID–19 pandemic. The virus pate a $202 billion impact to budgets is an unprecedented challenge, but we The same sentiments have been through 2021. Their report shows that echoed by Louisiana’s Chamber of shall overcome, and the HEALS Act at- 71 percent of counties have delayed tempts to do that. Commerce. capital investments, including infra- I understand concerns about spending The introduction of this proposal sig- structure and economic development nals Republicans’ commitment to see- money on State and local government. projects; 68 percent have cut or delayed Some are worried the money will be ing America through this challenging county services—or parish services in time, as was with the CARES Act. The used to bail out poor management deci- the case of Louisiana—human services, sions and overly generous and un- ultimate safety of the people of Lou- public safety, and community develop- isiana and the United States are my funded pension plans. I share those ment support; and 25 percent have cut concerns, which is why the SMART Act top priority, and the HEALS Act, as the county workforce. Moody’s esti- includes specific provisions prohibiting with all major bills, is a starting point mates that 1.3 million have already spending in those areas. The SMART of negotiations to build consensus been laid off, and an estimated 1.4 mil- Act money replaces lost revenue among Members of both parties for the lion more State and parish county caused by COVID–19 and nothing more. best path forward. workers and municipal workers will be A city or parish or county would have The HEALS Act includes stimulus laid off in the coming fiscal year. to show their books and show that they checks for Americans, support for Sixty-six percent of counties receiving have lost revenue relative to a year ago small businesses, and billions to help CARES Act coronavirus relief indicate before they would be eligible to receive schools reopen. While these are criti- that the funding will not cover the funding from this. cally important to economic recovery, COVID–19 budget or they are uncertain I understand concerns about spend- so, too, are the essential services pro- if the budgetary impacts will be cov- ing, but the cost of doing nothing is vided by States and local communities. ered. This is the impact of what has worse. Federal Reserve Chairman Je- I am talking about police officers, fire- happened. rome Powell spoke on the State and fighters, teachers, sanitation workers, By the way, we spoke earlier of $202 local funding needs, saying that while and other municipal workers. Because billion, and this is how the breakdown costly, it would be ‘‘worth it if it helps of this economic lockdown, State and is in terms of lost revenue and lost avoid long-term damage and leaves us local governments have seen their tax State funding, et cetera. The impact with a stronger economy.’’ base erode, which threatens their abil- upon State and county and municipal Congress should not allow police offi- ity to keep these very people we need governments is huge. All told, the Na- cers, firefighters, first responders, employed—these people who keep our tional Association of Counties predicts teachers, sanitation workers, and oth- communities running. a loss of 4.9 million jobs and $344 billion ers to lose their jobs by the millions at I don’t want to see, for example, a lost in GDP. It does not have to be that a time when our country needs them situation where cities slash police way. We can save jobs for police offi- most. The United States cannot fully budgets and force layoffs of those who cers, firefighters, teachers, and others recover economically if local commu- put their lives on the line to keep us by including State and local support in nities cannot provide basic services, al- safe. That is why Congress should in- the act we are considering. lowing commerce to flow.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.030 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4707 As I end, I commend my colleagues coast, flooding inundated communities running out of money to maintain the on the work thus far on the HEALS along the Mississippi River, or services our residents and businesses Act. More work is left to be done, and wildfires raged in the West, I have depend upon. They are running out of I look forward to working with others never hesitated to act and cast my vote money to pay our first responders: po- in this Chamber in the coming days to to help my fellow Americans. I have lice, firefighters, paramedics, and strengthen this bill even further and never asked how many New Jerseyans emergency personnel. They are running finding a common path forward with were affected or how this would impact out of money to make sure that there our Democratic colleagues. We cannot my State. But some in this body have are teachers in the classrooms when let Americans down in this time of tre- chosen to undermine that unity and to, our kids can safely head back to school mendous need. By working together, instead, pit Americans in one State and nurses in our hospitals when a sick we can deliver the support they need, versus their fellow citizens in another. patient is brought in. They are running and we will be stronger as a nation for They have derided Senator CASSIDY’s out of money to make sure the trash having done so. and my efforts to avoid millions of lay- gets picked up, the buses and trains I yield the floor. offs of essential workers as a ‘‘Blue run on time, and the lights stay on at The PRESIDING OFFICER (Mrs. State Bailout.’’ City Hall. BLACKBURN). The Senator from New For example, the junior Senator from They have been squeezed on both Jersey. Florida has said he refuses to support sides of the ledger, spending billions of Mr. MENENDEZ. Madam President, I assistance because it will go to pro- dollars in unforeseen costs on emer- rise today to join my Republican col- gressive States like New Jersey, New gency response while watching reve- leagues from Louisiana and Maine to York, and California. He spreads false- nues dry up due to the slowing econ- make a plea for us to break any par- hoods about States carrying over large omy and necessary orders to contain tisan logjam and support bipartisan, annual budget deficits, even though he the virus. commonsense solutions. I want to espe- must be well aware that States, unlike Without help from Washington, our cially commend Senator CASSIDY, who the Federal Government, must balance States, counties, and municipalities from the beginning has joined me in their budgets according to their State will have to swallow a toxic cocktail of this effort and has been true to his Constitution. tax hikes, service cuts, and layoffs that commitment to the issue and to his He has the gall to chide other States will only poison our economic recov- work. We have engaged in a series of about taking from Florida, even as his ery. conferences with major national orga- own State is the second largest It would be the height of irony—and nizations in support of the legislation, ‘‘taker’’ State in the entire country. a horrible one at that—for the men and and I appreciate his leadership in this Indeed, according to the latest esti- women we have needed the most to be regard. I also appreciate Senator COL- mates, Florida receives about $45 bil- the ones fired as a result of the eco- LINS, who joined us from the very be- lion more from the Federal Govern- nomic distress that the virus has cre- ginning in this effort. ment than it pays each and every year. ated. We need our essential workers on Exactly 76 days ago—yes, 2.5 months By comparison, New Jersey actually the job dealing with the pandemic, not ago—Senator CASSIDY and I stood here pays about $21 billion more each year on the unemployment line. on the floor of the Senate with our col- to the Federal Government than it re- Already, nearly 1.5 million State and leagues Senator COLLINS and BOOKER to ceives. Let me say that again. Florida local workers have been furloughed or talk about the challenges facing our takes $45 billion more per year out of laid off—and that is only since Feb- State and local governments and the the Federal coffers than they put in. ruary—and double the total local pub- need for Congress to deliver robust, New Jersey puts $21 billion back in. lic sector jobs we lost during the entire flexible assistance to help them deal To my colleague from Florida: You great recession of a decade ago. with the pandemic and economic fall- are welcome. out. Why is New Jersey a donor or If we fail to deliver the robust, flexi- In 76 days, we have seen COVID–19 ‘‘maker’’ State while Florida is a ble funding our States and commu- sweep across our land. The virus is ‘‘taker’’ State? Quite simply, it is be- nities need, we will effectively be send- surging in States coast to coast. From cause we invest in our people and in ing pink slips to millions of Americans. the Deep South to the Upper Midwest, our communities. New Jersey has the We will be saying to all of them: You no community has been spared. best public schools in the country, are fired. America is no stranger to tough ranking No. 1 in Education Week’s 2019 That will be millions more who times. In just the past 100 years, we report. Florida, well, it ranked in the aren’t collecting a paycheck, millions have fought two World Wars. We have bottom half of the States. who can’t afford to shop at our stores, faced a Great Depression. We have con- A better education leads to a better eat at our restaurants, pay their rent, fronted a nuclear-armed Soviet Union. economy with higher paying jobs, so it or their mortgage. We have faced calamitous disasters, is no surprise that New Jersey also has Leading economists respected by both natural and manmade, from Hur- the highest per capita income among both parties predict it would decimate ricanes Katrina and Sandy to the ter- States at over $110,000 per year. By our economy and send us on the path rorist attacks on 9/11. We have lived comparison, Florida’s per capita in- to another Great Depression. We can’t through many dark days of our history, come is almost $35,000 less, which puts allow that to happen. but no matter how steep the challenge, it, once again, in the bottom half of That is why Senator CASSIDY, Sen- no matter how hopeless things ap- States. ator COLLINS, Senator HYDE-SMITH, and peared at the moment, we always came So if you want your children to have I came together. We saw early on the together as a country, and we saw our- a quality education, if you want to impact COVID–19 was having on our selves as Americans above all else. work in a vibrant economy that cre- home States and constituents, so we I am proud to be a New Jerseyan. I ates high-paying jobs, you should live came up with the State and Municipal am proud to be from a State that in- in a State like New Jersey. But New Assistance for Recovery and Transi- vests in its people, has a great edu- Jersey, like all States—and through no tion, or the SMART Act. cational system, and has an innovative fault of our own—is facing a health and As Senator CASSIDY says, it delivers economy. But when my parents fled fiscal crisis of historic magnitude. And $500 billion in flexible funding to front- tyranny in Cuba, their dream wasn’t to because here in Washington we have line States, counties, and municipali- move to any one State. No, they failed to implement a national re- ties. It targets areas with the greatest dreamed of moving to the United sponse to a national emergency, our need based on infection rate and lost States of America to give me and my local towns, cities, counties, and revenues. Unfortunately, from when we siblings the opportunity they never States have to deal with this crisis started this, that is a growing reality had. alone rather than united as a nation, across the country. Every single town, We are not a collection of 50 separate and they are running out of money. city, and county, regardless of its size, States. No, we are one Nation, indivis- They are running out of money to would qualify for direct funding. No ible. When hurricanes hit the gulf combat this deadly disease. They are one is left out.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.031 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4708 CONGRESSIONAL RECORD — SENATE August 4, 2020 We immediately built a bipartisan I hear some of my colleagues speak ices are vitally needed. They are the coalition with Senators COLLINS, BOOK- from this floor, calling not for unity people who make our communities op- ER, HYDE-SMITH, MANCHIN, and but for division. They callously ignore erate, who make them livable. We need SINEMA—Republicans and Democrats the pleas for help from the fellow them. from all walks of life, cutting across Americans, comforted by the selfish We already know about the stresses the political and geographic spectrum. but mistaken belief their communities our schools are undergoing. Do we real- We knew the assistance Congress pro- are immune to the fiscal Armageddon ly want school budgets to be cut and vided our State and local governments facing our communities. educators laid off at this important in the CARES Act wasn’t enough to Let me be clear. It doesn’t really time? deal with the growing need, and we matter how fiscally responsible or con- The CARES Act did provide $150 bil- warned our colleagues—each and every servative your State budget has been lion to our States and to very large one—that what was happening in New when your revenue drops 30 percent communities, but those funds came Jersey, Louisiana, and elsewhere would overnight. It is not a random blue with restrictions, and they did not re- eventually come to their State if we State issue; it is an American priority. quire direct distributions to munici- didn’t get this pandemic under control. I believe that history will look kind- palities with populations under 500,000. Well, we haven’t, and it is raging. Our ly upon those who stood up for some There is not a single county in Maine, fellow Americans are suffering, and too unity and compromise over dema- much less a city or town, that has a many of them are dying. goguery and obstinacy, those who put population of that level. We have waited for 76 days. What is the well-being of the country over scor- The National Governors Association now being offered is wholly inadequate ing partisan points, those who stuck has called for $500 billion in assistance to address the needs of the American their necks out and took a political to aid our Nation’s recovery. Organiza- people. In Colorado, for example, the risk for no reason other than it was the tions supporting our towns and our cit- estimated State and local shortfall due right thing to do. That is what I be- ies and our counties have all endorsed to the pandemic is $10 billion, and lieve we are doing on the floor right the SMART Act. Moody’s Analytics warns that failing counting, through 2022. In Alaska, it is now—the right thing. to act could shave 3 percentage points expected to exceed $4 billion. In Geor- With that, I am happy to turn to my from real GDP, from our economic gia, it will be $2.5 billion in 2021 alone. friend Senator COLLINS. growth, and result in the loss of 4 mil- Kentucky could see nearly a 20-percent The PRESIDING OFFICER. The Sen- lion jobs. That is the worst thing to drop in its revenues in 2021, at a time ator from Louisiana. The PRESIDING OFFICER. The Sen- happen at this time. when the State’s fiscal house is already This week, the Maine Municipal As- ator from Maine. in disorder. But we are being offered sociation released projections antici- Ms. COLLINS. Madam President, I not a dime—zero—to help our cities, pating a combined $146 million in lost have listened to the presentations of counties, and States confront this chal- revenue from Maine cities and towns my two colleagues, Senator CASSIDY lenge—zero, nothing. That is not some- by the end of this year alone. We know and Senator MENENDEZ, and I could not thing that is acceptable. that the revenues are going to take a agree with them more. We have an op- That is the problem when we ignore while to recover and are going to affect portunity to solve a problem that is af- regular order and let leadership hijack next year as well. the legislative process: We lose our fecting each and every community in This builds on Maine’s Revenue Fore- voice, and the needs of our constitu- our country. casting Committee, which expects a With the COVID–19 pandemic con- ents are left out. $1.4 billion State budget shortfall from tinuing to devastate our public health I, for one, didn’t come to Washington lost sales and income tax revenues over and our economy, towns and cities to sit on the sidelines and wait for a the next 3 years. handful of people to reach a deal be- across our country are facing increas- As people are driving less, we are also hind closed doors, forced to vote on a ingly significant new challenges and seeing our gas tax revenues plummet. 1,000-page bill within an hour of seeing plummeting revenues at the exact I have talked with town and city it. But that is exactly what we have same time. I urge my colleagues to be managers, with mayors and members been doing here for far too long. problem-solvers, to address this crisis of town councils, selectmen and We need to end this high-stakes game as part of the relief package that is -women, all across the State of Maine of closed-door posturing and restore now being negotiated. We cannot wait. about the difficult decisions they are the Senate back to the foundation as I have joined with Senators MENEN- facing as they attempt to balance their the greatest deliberative body in the DEZ and CASSIDY and others in this budgets. world. Chamber in introducing the SMART These cuts are not theoretical. The It would have been easier for me just Act. It would provide much needed fi- harm is not just possible; it is occur- to embrace the $900 billion for fiscal re- nancial assistance to State and local ring today. Let’s look briefly at what lief in the Heroes Act. It would have governments while providing safe- some Maine communities are already been easier for Senators CASSIDY, COL- guards to prevent wasteful spending. having to do. LINS, and HYDE-SMITH to just toe the It is a lifeline to our communities, The city of Westbrook has announced party line, but we all knew that stick- just as the Paycheck Protection Pro- a hiring freeze affecting all city depart- ing to our respective corners wasn’t gram has been a lifeline to our small ments, including the police depart- going to help a single one of our con- businesses and their employees. ment. Well, that police department has stituents. The consequences of local govern- five open positions that it needs to fill It is not too late for the Senate to ment shortfalls are dire. Without our and cannot do so. get back on track. Let’s do our jobs. providing them relief, communities Auburn, a city in Androscoggin Let’s work together on a bipartisan so- face having to lay off essential employ- County, has had to freeze six vacant lution that delivers the Federal sup- ees and reduced services at the worst positions because of expected revenue port our States, counties, and cities on possible time for working families. losses—again, vital positions: two fire- the frontlines of this pandemic need to What is their alternative? They can- fighters, a police officer, and three pub- defeat COVID–19 and serve the Amer- not raise taxes. That would be the lic works employees. These cuts come ican people. worst thing for them to do. Municipali- as the city of Auburn has spent more Let’s bring the SMART Act up in ties are already scaling back their than $200,000 in new expenses to re- committee, allow Members on both budgets, furloughing workers, and spond to the virus. sides of the aisle to offer amendments postponing needed purchases and The town of Falmouth has elimi- to make the legislation even better. projects. nated four open positions, including a You all know what our State and local These cuts threaten the jobs of our police officer, and can no longer go governments will get if we leave it up police officers, our firefighters, our ahead with the purchase of a much to the present status—absolutely noth- EMS personnel, our dispatchers, our needed new firetruck. ing. Good luck explaining that to the sanitation crews, and our public works The town of Windham has kept seven people back at home. employees at the time when their serv- needed positions open. These are not

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.035 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4709 large communities. This is a large So, as we gather here today to figure had no pension fund. We fully amor- number of positions. Five of these are out how to get out of this mess, his job tized it within about 10 years. We did public works positions, without which, that day was to try to figure out how all kinds of things, all kinds of budget how is the plowing going to be done to get out of another mess, and my reforms in order to get us on the right this winter to keep the roads safe and hope is that our efforts here in the Sen- track. clear? ate, the House, and the White House Now, I have heard some of my col- The town has also postponed $1.6 mil- will be as successful as were his. leagues say the States got themselves lion in capital projects. That has a rip- I am happy to follow today our friend in a mess and they are going to have to ple effect on the local economy. It from Maine; our colleague from New get out of it. They said they can file for means the contractor is neither buying Jersey; and you, Mr. President, as the bankruptcy; they are badly managed. supplies nor hiring employees at this Senator from Louisiana, in actually Let me just say, my State is a AAA time. pointing to something we can agree on. State. We got a AAA rating when I was In northern Maine, in the northern People are always saying to me and, I Governor, and we never lost it to this Maine city of Madawaska, the town know, to my colleagues when we go day. manager has shared with my office home: Can’t you guys and gals ever Most States are better run fiscally that the town has had to scrap a $3 mil- agree on anything? than the Federal Government. You lion road-paving project and will have Well, as it turns out, a number of us only have to look at the way we spend to keep at least three positions vacant. agree that States and local govern- money around here—not just in the This is what they are doing already. ments could use some help—some addi- middle of a pandemic. Look at the year It is only going to get worse for these tional help beyond that which we have before the pandemic, at how much our towns and cities as revenues continue already provided. That is a good thing. Nation’s deficit and debt increased. But to plummet. We don’t have to pit blue States even fiscally responsible, well-managed Senator MENENDEZ made a very im- against red States. We can actually States like Delaware and some other portant point that I want to reiterate, work together, and in this case we are. States that are represented on this and that is, the way our bill is struc- Very few of us actually come here floor right here are finding themselves tured, every city, every town, regard- and start our first elected job being in in a situation that one could not have less of size, will receive direct assist- the U.S. Senate—some, but not a lot. A imagined just a few months ago. That ance. Every county will receive direct number of people are former mayors, is especially true when we have an ad- assistance. They will not be dependent former Governors, former Representa- ministration that is simultaneously on the largesse of the State. The tives. But every now and then, some- asking State and local governments to money will go to them to meet these body slips through without ever having shoulder the burden of responding to essential needs. run for elected office. the coronavirus. It is common sense to provide the re- I am a former State treasurer. People Leader MCCONNELL and Secretary lief needed to avoid these widespread call me a recovering Governor, but I Mnuchin say that States don’t need layoffs and cuts to essential services at am really a recovering State treasurer. more money because they haven’t used the local level, where they often are I was elected State treasurer when I the coronavirus relief funds that Con- most often needed. These are the public was 29. When I was elected State treas- gress provided in the CARES Act. Well, servants who keep our communities urer and took my oath, our State had unfortunately, that is just not true. A and our citizens safe. They are the pub- the worst credit rating in the country. survey conducted by the National As- lic servants who keep our communities I was elected in 1976—the same year sociation of State Budget Officers and our citizens healthy. They are the that a Republican named Pete du Pont shows that States have already allo- public servants who keep our commu- was elected Governor of our State. He cated nearly 75 percent of these funds nities and our citizens educated. They turned out to be a terrific Governor at already to fight the pandemic and help are the ones who are plowing our roads a time when we needed one. He was a struggling families and small busi- and repairing our bridges. They are the good mentor for me and someone I al- nesses through this crisis. ones who make our towns, our cities, ways looked up to, and I hope I was a If States across this country see a re- our neighborhoods livable. good partner to him and Democrats surgence in infection rates, the cost of Congress must act to provide assist- and Republicans in the legislature to addressing the health and economic ance to every community. This is a pull our State out of a real mess. crisis is not going down; it is going up. problem we can solve. Let’s enact the Not only did we have the worst credit At the same time that the cost of ad- SMART Act as part of the next rating in the country that year—1977, dressing this pandemic has sky- coronavirus package. actually—we had the worst credit rat- rocketed, businesses are shuttered, and The PRESIDING OFFICER (Mr. CAS- ing, we had no pension fund, we had no tourism and commerce have come, in SIDY). The Senator from Delaware. rainy day fund, and we had the lowest many places, to a standstill. That f start rate of new businesses of any means that hundreds of billions of dol- State in America. lars in lost revenues for States and CORONAVIRUS We couldn’t balance our budgets if we local governments have occurred. Mr. CARPER. Mr. President, I am had to. In order to actually have Delaware is certainly not alone. So going to briefly remove my mask. money to spend, we issued revenue an- let me be very clear. This is not a red We are about 1 week into baseball ticipation notes. State or a blue State problem; it is a season. I will lighten this up a little When I got to the State treasurer’s United States problem. It is not a con- bit. We are 1 week into baseball season. office, I said: What is a revenue antici- sequence of poor management either. Some of us here are huge baseball fans. pation note? Over the past couple months, weeks, This is the home of the Nationals— They said: That is the way the State I have had conversations, as my col- home of the world championship Wash- borrows money until tax monies come leagues know, with dozens of them on ington Nationals. The best two pitch- in the following April, so that we can both sides of the aisle about what ers come from the Detroit Tigers, my actually pay payroll and pensions and States and local communities across favorite team. stuff like that. our country are facing as a result of For those who might not have been I said: You are kidding. COVID–19. In those conversations with watching baseball over the weekend, They said: No, we are not. my Democratic and Republican col- there is a young guy who is a relief That was then; this is now. When leagues, time and again I have heard a pitcher for the Tigers. His name is Pete du Pont was our Governor and I familiar refrain: The pandemic has Tyler Alexander. He was brought in in was treasurer, we had a bipartisan leg- caused State and local government rev- relief in the second or third inning and islature. The house and senate were enues to plummet in a way that none struck out nine straight bats. He split between Democrats and Repub- of us have ever experienced or would struck out the first nine batters he licans. But we created a rainy day fund have or could have foreseen. faced. I think one other person has and never invaded it. We created and Income tax revenues have fallen and done that in Major League history. fully amortized our pension fund. We unemployment numbers have reached

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.036 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4710 CONGRESSIONAL RECORD — SENATE August 4, 2020 unprecedented levels over the course of These cuts impact all of us and cre- additional relief package, which has just a few months. Delaying Federal ate a ripple effect across the broader only made matters worse. tax deadlines—while it was the right economy. That is why economists Now, as negotiations are finally un- thing to do—has wreaked havoc on the across the political spectrum, includ- derway, we must ensure that the next ability of States to balance their budg- ing Federal Reserve Chairman Jerome relief bill provides significant addi- ets. Sales tax collections and revenue Powell, agree that State and local tional Federal resources to support from tourism, gas taxes, and tolls have budget cuts will weigh down our path State and local governments’ efforts to dried up as the virus has compelled to economic recovery, not just for a save lives, protect the public’s health, many people to just stay at home. And couple of weeks, not just for a couple of and keep the economy moving. States highly dependent on oil and gas months, but for years to come. As my colleague from Delaware men- revenues, as the Presiding Officer’s In fact, based on evidence from the tioned, I am a former Governor. I un- State is, have been doubly hit by the last recession, one recent economic re- derstand the challenges that State and pandemic and turmoil in global energy port found that every dollar in cuts local officials are experiencing. In New markets. cost the overall economy $1.50 to $2. Hampshire, following public health Unlike the Federal Government, That is one reason the U.S. Chamber of guidance, local and State officials took State and local governments have to Commerce has called for additional necessary steps to close down portions balance their budgets. This means that Federal aid for States and for cities. of the economy in order to save lives. Governors, State legislators, and local The Chamber also recognizes that its They are now feeling the impacts of officials—mayors, city and county lost revenue will force officials out of revenue shortfalls directly related to councils—have had no choice but to State and local levels to either miss those actions, all while keeping up make deep cuts that will inevitably payments or raise taxes in order to their efforts to provide the frontline hurt the ability of their communities make up the shortfall. services necessary to save lives and to recover. We know that this is impacting every provide economic relief. Since the pandemic hit our country, part of our Nation. The longer we wait In a virtual roundtable with mayors State and local governments alone to get much needed assistance for our and municipal leaders from all across have lost 1.5 million jobs. State and local governments, the more the Granite State last month, officials Let me say that again. Since the pan- our communities will suffer and the described to me the dire situation that demic hit our country, State and local more at risk we put our entire econ- they are up against. Dover Mayor Bob governments alone have lost 1.5 million omy. Carrier stated: ‘‘The tsunami of lost jobs. We are here. We are sort of like al- revenue is on its way.’’ Claremont Those are not private sector jobs. most in overtime. In fact, we are in Mayor Charlene Lovett noted how Those are not Federal Government overtime when it comes to the supple- budgetary strains are halting infra- jobs. Those are just State and local, mental unemployment insurance bene- structure projects. With the added bur- county jobs: teachers, firefighters, po- fits having expired. We don’t have time den of increased expenses and loss of lice, and more. to wait. Let’s pass long overdue assist- revenue, Claremont risks falling be- This staggering statistic is bad ance. Let’s pass it so that our home- hind on much needed infrastructure enough on its own, but what does it towns and our States don’t take an improvements like fixing roads. And a mean if you aren’t one of the one in even bigger hit that we can’t afford but number of mayors explained their chal- every eight American workers who is a hit that is avoided. lenges with budgets for the upcoming employed by a State or local govern- With that, I want to yield to some of school year. ment? my colleagues who are here to present As educators and parents make deci- Here is what it means. Cuts to edu- their own perspectives, and we look sions on whether schools will be in per- cation budgets means larger class sizes. forward to hearing from them. The son, remote, or a hybrid version, local It means fewer bus drivers. It means first one, right out of the starting officials are facing deep uncertainty fewer custodians at a time when block, is a former Governor of New about what the operational costs for schools are struggling to figure out Hampshire—like me, a recovering Gov- schools will be. Situations like these how they will reopen safely this fall. ernor—and a terrific U.S. Senator, are playing out in cities and towns all I talked earlier this week to a num- MAGGIE HASSAN. across our country. ber of our finest school superintendents I am happy to yield the floor to Sen- Without additional funding from the in Delaware. We talked about—they ator MAGGIE HASSAN. Federal Government, States will be are struggling—how to open up and re- The PRESIDING OFFICER. The Sen- forced to slash education, to slash in- open schools. As it turns out, they are ator from New Hampshire. frastructure, and to slash public health going to have to hire more bus drivers Ms. HASSAN. Thank you, Mr. Presi- budgets, which would be devastating, if schools reopen—more bus drivers be- dent, and thank you to my colleague especially in the midst of a pandemic. cause kids will be separated. They have from Delaware, not only for the kind It is not just a loss in the services that to separate kids. You can’t put as introduction but for the very articu- people depend on. Millions of addi- many kids on the school bus. They are late overview that he just gave of the tional jobs would be lost as well—not going to have to hire substitute teach- challenge before us and the importance only the jobs of public workers, by the ers. If somebody gets sick and they are of providing aid in this next relief way, but, for example, the private ven- unable to come to work, they will have package to State and local govern- dors who often do some of this work. to hire a substitute teacher and pay for ments. They have been at the forefront Think about construction workers on them as well. And for nurses, it is the of our Nation’s response to COVID–19. an infrastructure project. same way. To be there to help admin- They provide people and businesses Moody’s Analytics reported that ister—whether it is taking people’s with vital support, scouring the world without significant Federal support for temperatures or administering tests for personal protective equipment, set- State and local governments, 4 million and that kind of thing, we are going to ting up testing centers, and providing more people—4 million more people— need more health professionals in our emergency relief for families and busi- could lose their jobs. That loss would schools rather than fewer. nesses. They also employ millions of be catastrophic. The ripple effect Cuts to first responder budgets mean essential public employees who are on would be felt throughout our entire people must wait longer for EMTs and the frontlines of this crisis, including economy. We can’t let that happen. firefighters to arrive during emergency first responders, teachers, and many Senate Democrats are focused on pro- situations. others. viding significant economic relief for Cuts in transportation budgets mean Unfortunately, as this crisis rages State and local governments through- canceled or delayed infrastructure— on, State and local communities are out our country because we recognize transportation infrastructure facing uncertainty, mounting costs, that it is essential for economic recov- projects—and fewer construction jobs and a devastating loss of revenue. For ery. And, as part of our efforts to sup- when we are in the middle of the sum- too long, the Senate majority leader, port economic recovery, we must en- mer construction season. Mr. MCCONNELL, stalled action on an sure that States have the flexibility to

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.038 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4711 use this funding to backfill revenue The PRESIDING OFFICER. The Sen- ready announced $750 million in State loss due to COVID–19 and preserve jobs. ator from Ohio. budget cuts, including for education Providing this funding will mitigate Mr. BROWN. Mr. President, I thank and Medicaid, and counties and cities some of the economic damage caused Senator HASSAN for her leadership. She and towns are facing similar impos- by this pandemic. speaks about State government and sible choices. We know, with there In addition, as we have heard from local government so well because she being hundreds of thousands of Ohioans local leaders, from educators, from par- was Governor of New Hampshire. She is out of jobs, if they don’t get the $600 a ents, it is vital that we provide sepa- one of only two women in American week, it will mean that more of them rate, dedicated funding for schools. history who has been a Governor and a will go into poverty, that more of them Senate Democrats have proposed $430 Senator—a senator, a Governor, and will have trouble feeding their fami- billion to help schools implement pub- then a Senator. Thank you for your on- lies, and that more of them will go into lic health protocols, address the chal- going leadership. homeless shelters. It will only get lenges of students who have fallen be- Senator CARPER, thank you for lead- worse if we don’t step in. hind, and provide quality education to ing this effort. Let’s be clear about what it will all students, regardless of how the We know Senator MCCONNELL’s office mean if we don’t get more funding. It schools reopen. is down the hall there. For months, we will mean the layoff of teachers, the Our approach stands in stark con- have been begging—begging—Senator layoff of firefighters, the layoff of chil- trast to the inadequate proposal put MCCONNELL, begging President Trump dren’s services workers. It will mean forward by Senator MCCONNELL, which to do something, to actually let us do less money for schools—and not just to provides too few resources to schools our jobs. We wanted to legislate. We buy new technology they need for re- and would actually withhold aid if wanted to do the things that Senator mote learning. School costs have gone schools don’t fully reopen in person, HASSAN has just talked about. up. They have to make the buses safer even as the administration has failed I am not really sure how MITCH and the cafeterias safer and the tech- to provide supplies and a strategy that MCCONNELL has spent his summer. nology for remote learning and the would support such efforts to reopen. What I do know is that in May, the classrooms safer. It will mean fewer re- We need our Republican colleagues to House of Representatives passed the sources for schools to expand work with us and deliver sufficient re- Heroes Act. It helped local govern- broadband and close the digital divide. lief without any further delay. We need ments. It helped people stay in their It will mean putting critical infra- to provide State and local govern- homes so they wouldn’t be evicted. It structure projects on hold. It will mean ments—as well as our schools, our first helped our public school system. It pro- property tax hikes and sales tax in- responders, our teachers—with strong vided $600 to unemployed workers, and creases. I have talked to mayors and teachers bipartisan support from the Federal what is remarkable about that is even and school board members. I spend a Government. during this pandemic, we haven’t seen I know that right now in New Hamp- good chunk of my time, as I know my the poverty rate go up in this country shire, even as teachers face uncer- colleagues do, on virtual roundtables because of the $600 per week that mil- tainty, they are making lesson plans and conference calls. I talk to mayors lions of unemployed workers are re- and trying to figure out how they are and teachers, school board members ceiving, which they have earned. going to make sure that their children and firefighters, chambers of com- The House did that in May. I don’t engage in their remote learning at merce, county health commissioners, know what Senator MCCONNELL has home if their school system doesn’t re- and university and college presidents. done since—through May, through open, while providing services to their I was on the phone yesterday with 100 June, through July, now into August, students as well. county commissioners in Ohio—most of All across our State, I know that if and, finally, he comes up with some- them Republicans. I had a call orga- today’s heavy rains caused flooding, thing. We have asked him to extend the nized by the Richland County Chamber our public workers will be out there unemployment insurance for literally of Commerce—my hometown—with, around the clock protecting their com- the hundreds of thousands of workers probably, mostly Republicans. Last munities. I know that our law enforce- in my State, the thousands of workers week, it was the Cincinnati Chamber— ment, our firefighters will continue to in Nevada, the tens of thousands of probably mostly Republicans—the Ohio respond to calls whether or not they workers in Louisiana. We have asked college presidents, and Northeast Ohio have enough personal protective equip- the President and the majority leader parents and educators. There was an- ment because that is what they do. to extend that unemployment insur- other call with Southwest Ohio parents They protect, and they serve. They do ance. and educators. it with dedication, and they do it with But do you know what? In every one of these calls, I heard commitment. They provide essential It is pretty unbelievable to hear of the fear in people’s voices and the de- services that keep our communities people on this side of the aisle making mand that we do something—that we safe and healthy. It has never been as $175,000 a year as U.S. Senators—most don’t just walk away like President important as it is now. of my colleagues are millionaires—and Trump and MITCH MCCONNELL are All we are asking is that we come to- they complain that these unemployed doing. They are going to either raise gether across party lines, with the workers are getting $600 a week. They taxes on Ohioans who are hurting or White House, and support our State complain that these workers are get- they are going to lay off workers and and local governments in this time of ting too much money as we earn cut services people rely on. need so that we can continue to fight $175,000 a year. One issue that comes up over and this pandemic and so that we can con- Last week, Senator MCCONNELL fi- over is the fear that communities are tinue to mitigate the economic harm nally came up with a plan that does being set back years in our fight that is ravaging our country. nothing to extend the $600 a week and against addiction. The addiction crisis That is what State and local aid will that does nothing to keep people in didn’t go away; it just got layered on provide to the people of New Hamp- their homes and help them pay the top of this new health and economic shire and the people of our country. bills. The last thing we should want is catastrophe. If we don’t get State and That is what this moment—this mo- a tidal wave of evictions so that people local governments additional funding, ment of the worst healthcare crisis will have to go into crowded homeless they are going to cut addiction serv- that we have seen in 100 years and the shelters or sleep in their cousins’ base- ices, and they are going to cut mental worst economic crisis since the Great ments because they don’t have places health services. You know that, clear- Depression—that is what this moment to live. ly, the number of child abuse cases has demands. The livelihoods of millions of The bill does nothing to help State gone up during this but not the re- Americans and the lives of millions of and local governments. Their plan has ported cases. We don’t know about Americans depend on our taking action zero dollars for communities—for them because kids aren’t going to right now. Clark County, OH, or Clark County, school and church to be able to have I yield the floor to my colleague from NV. We know how hard their budgets teachers, parents, people in the com- Ohio. have been hit. Ohio’s Governor has al- munity, and ministers report cases of

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.039 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4712 CONGRESSIONAL RECORD — SENATE August 4, 2020 child abuse. Also, the social workers Before this crisis began, Nevada had direct support to cities and localities who go into the homes have been laid not mismanaged its State’s finances. with populations under 500,000. For a off. The State had a record-low unemploy- State like Nevada, that means, except We need to be clear about what ment rate of 3.6 percent, and we had a for Las Vegas, every other city in the ‘‘mass layoffs’’ means. It means, if a rainy day fund for emergencies, but we Silver State would be excluded from di- county in Ohio cuts the staff for have needed to use hundreds of mil- rect funding from the Federal Govern- schools, it is not just the individual lions of dollars from that rainy day ment. That is why, in April, Senator educators who get hurt; obviously, our fund in order to try to address our CORTEZ MASTO and I joined Senator kids suffer, and the economy suffers. It budget shortfall. Nevada has a tough HEINRICH in introducing the means a longer recession, a deeper re- road ahead and difficult choices to Coronavirus Community Relief Act— cession. Yet Senator MCCONNELL says make, but Nevada is not alone. Many legislation that would provide $250 bil- 20 people on his side of the aisle are States across the country are identical. lion in new stabilization funds directly just going to walk away. They are not They are in similar situations. Red and to cities and counties with populations even willing to vote for help for blue States are facing this very chal- under 500,000. schools, for unemployed workers, for lenge due to no fault of their own. Cit- We know State and local leaders are people about to be foreclosed on or ies and towns are struggling to contain the ones best equipped to respond to evicted, or for local governments. You the health and fiscal impacts of this their communities’ unique needs, and know, the stock market is doing OK, pandemic. they are desperate. They desperately but the stock market is not the econ- During a special session of the Ne- need the resources to do this. Unfortu- omy. vada State Legislature, lawmakers nately, Leader MCCONNELL has refused We will not have a real recovery overwhelmingly approved a resolution to allow the Senate to take up the He- until we invest in the real economy in to ask Congress and the Trump admin- roes Act—legislation passed by the communities in Ohio and Nevada and istration for funding for State, local, House that provides continued support Arkansas and across this country. and Tribal governments in order to for State, local, and Tribal govern- Ohioans shouldn’t have to fend for help offset an expected $1.2 billion ments, including those cities and coun- themselves in the middle of a once-in- budget shortfall caused by this pan- ties with under 500,000 residents. It rec- a-generation crisis. That is essentially demic, and they needed the flexibility ognizes that the pandemic continues to what the Trump-McConnell plan—if to spend it based on local needs. damage our communities and that this you can even call it a serious plan— Nevada’s Governor, Steve Sisolak, of- recovery will take time. tells Ohio communities: You are on fered a stern warning, one that applies The Heroes Act would allow States to your own. You are on your own. to the whole Nation: Without addi- pay for frontline healthcare workers, We must pass a recovery bill, and it tional Federal support for State and first responders, teachers, and other must include new, flexible funding. local funding, States will be ‘‘forced to workers, and would continue to provide Trust the communities. Trump and make impossible decisions regarding those essential services to all of our MCCONNELL don’t trust local commu- funding critical public health, edu- residents. The House passed the Heroes nities. They send a few dollars here and cation, and more.’’ Act over 80 days ago—80 days ago— there. They attach strings to it be- Without additional State and local while the majority leader’s own pro- cause they don’t trust local commu- funding from Congress, our State’s posed legislation, the HEALS Act, does nities. I trust my local school boards. I budget shortfall will make it over- trust my local county commissioners. I whelmingly difficult to provide absolutely nothing to address the crit- trust my local mayors. We have to get healthcare to everyone who needs it, to ical issue of State and local funding. Without action, States across the Na- them help. They know what is best for fund our local school systems, and to tion will face consequences that could their communities. Let them do their pay our first responders, and it would have a devastating impact on countless jobs. leave countless Nevadans in distress lives. History will judge the way we Senator MCCONNELL and President who rely on public programs. Trump, let us do our jobs. The CARES Act established a treated each other during this pan- I yield the floor to the junior Senator coronavirus relief fund to support demic. Each of us in the U.S. Senate is from Nevada. States, Tribes, and large local govern- in a position to do something—just The PRESIDING OFFICER. The Sen- ments. In Nevada, that funding has something. I implore my colleagues to ator from Nevada. helped to provide support for Medicare consider the lives of their constituents, Ms. ROSEN. Mr. President, I rise providers, which has allowed continued to really pay attention, to really hear today because our States, cities, and healthcare for our seniors and treat- what is happening in their commu- Tribes are in trouble, and they des- ment for those high-risk COVID–19 pa- nities and in communities across this perately need our help. tients. It has provided for enhanced Nation—in town after town, in city State, local, and Tribal governments testing and contact tracing in our com- after city—and I want them to remem- are on the frontlines in this fight munities. It has provided for childcare ber that we are all in this together. against the coronavirus. We have seen programs that are used by essential I yield the floor to the great senior local leaders in each of our States step workers. It has provided home-deliv- Senator from the State of Nevada, up during this difficult time to do what ered meals, home healthcare, and sup- CATHERINE CORTEZ MASTO. is necessary to mitigate the spread of port for families and their caregivers. The PRESIDING OFFICER (Mr. this virus, to protect the health and It has provided PPE and critical sup- BOOZMAN). The Senator from Nevada. well-being of their residents, and to plies, like gloves and masks and sani- Ms. CORTEZ MASTO. Mr. President, prevent critical industries and institu- tizers. you can hear the passion not only in tions from failing. Does any of this sound unnecessary my colleague Senator ROSEN, with Their goal is the same as ours—to to you? whom I am proud to stand side by side protect the lives and livelihoods of the This crisis isn’t over, and those needs to represent the great State of Nevada, people whom they represent. I know are still here. I have spoken to mayors but in all of the Senators on the floor this to be true in Nevada, where dedi- and county commissioners across Ne- today in their talking about this par- cated heroes are working tirelessly to vada, and they are worried. They must ticular issue. combat the COVID–19 pandemic in make it through to the other side of At kitchen tables all over the coun- every corner of the Silver State. How- this crisis. They want to protect and try, including in Nevada, families are ever, this proactive and necessary re- they want to secure their communities. sitting down and are pouring over their sponse has not come without a cost. In They are counting on us. They are budgets. Too many of them are trying addition to the coronavirus, Nevada counting on Congress to have their to figure out how to stretch those must also deal with an alarming budg- backs in this effort. Congress must en- budgets with no income, and they are et shortfall that has been exacerbated sure that support reaches all Ameri- making difficult decisions on which by a struggling economy that relies on cans in every kind of community. bills need the most urgent attention. tourism and a massive drop in tax rev- One of the CARES Act relief fund’s Our State and local and Tribal gov- enue. shortcomings was that it provided no ernments across this country are doing

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.041 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4713 the same thing. With the economic their pockets and that businesses had is flexible. Make sure we have the op- downturn caused by the coronavirus access to liquidity so that we could get portunity not just to work through the pandemic, State and local governments through this crisis together. State, but that the money goes di- have less revenue at a time when they In Nevada—and we have seen this rectly to some of our local govern- need those resources to combat the conversation happening across the ments, who I have found—and I don’t virus and keep Nevadans safe. That is country—schools are opening in just a know, as you all go home, but I have why, when Congress passed the CARES few short weeks, and many of the lead- found that the money that we did give Act in March, the Democrats fought so ers in my State at the State and local to them through the CARES Act has hard for funding for State, local, and level are looking to Washington for been put to good use because—do you Tribal governments. help. know why—because local and State We wanted to make sure that State Most States aren’t allowed to borrow governments and Tribal governments and local governments had enough cash to meet these expenses, and I know our know what their communities need. on hand to cover the urgent costs of esteemed majority leader has thought Why should we dictate to them if the pandemic so that they could keep that bankruptcy is an option for them, they want to use that money to help services running and expand their re- but I can tell you that for me and for people who need rental assistance at sponses during this crisis. We needed to Nevada, this is not an option. It just this point in time or if they want to guarantee these governments could cannot happen. use that money to put food on people’s cover the costs of emergency shelters In the State of Nevada, like most tables because they are not working? I for COVID patients. We had to make States, they are required by law to bal- mean, isn’t that what this is about—all sure that frontline responders had ance their budgets. Tribal councils, of us working together to help our fam- enough personal protective equipment county commissions, and the Nevada ilies across this country, to make sure on hand for them to do their jobs. We State Legislature are doing what fami- we can all stay safe but still pay those also wanted local governments to help lies have been asked to do—they are bills and still keep our families safe people stay in their homes. We allo- coming together to ask themselves how and make sure our businesses are cated $150 billion from the coronavirus they can pay the most urgent bills in taken care of. relief fund for State, local, and Tribal that big stack of bills that are coming But I know this: At the end of the governments in March. That was a due right now. They are working day, in the middle of a crisis, our gov- compromise. We came together. We around the clock to get Nevadans the ernments at the State, local, and Trib- worked together to solve that problem. support they need to deliver the serv- al government level are the social safe- I heard on the floor of the Senate today ices they expect—everything from ty nets. Where do you think our con- that there is bipartisan support for this fighting wildfires that are happening stituents go when they need that help? funding as well, but we all knew back right now in Nevada and across the So I think and know that we have an in March, when we passed the $150 bil- West to rethinking how we address and obligation at the Federal level to con- lion as part of the CARES Act, that it open our schools safely for our kids and tinue to work with our State and local was not going to be enough. for our staff, for the teachers and the governments and our Tribal govern- We weren’t sure, but now we know it administrators. But those repairs that ments to provide them the necessary is not enough, and we have to do some- are required for our roads and bridges— resources that are needed right now in thing about it. the work that still needs to be done on the middle of this pandemic because We are seeing across the country how a daily basis—have to continue. So our economy has been ground to a halt. local governments and States are deal- governments across this country are So I think it is time for our body to ing with this pandemic. continuing to juggle those many needs. come together and do what the Amer- Senator ROSEN just noted that in Ne- On top of all of that, we know we ican people expect of us, which is to vada, we are in the middle of a special want them to all securely hold 2020 work in a bipartisan way to solve this session. The Governor had to call a spe- elections. We want to make sure that problem and really look at how we can cial session of our legislature because our families are connected to school continue the funding that is necessary we have a budget hole of about $1.2 bil- and work, that there is no homework for our State and local governments. lion related to COVID–19 pandemic and gap, and that Medicaid benefits to Families not only in Nevada but across the impact it has had. those in need are available. We need to this country expect that of us now. What is that impact? It is the impact keep EMTs on the job and help busi- So I would hope the majority leader we all have asked across this country. nesses comply with safety regulations would be willing to bring to the floor Listen, we are in the middle of a health during the middle of this pandemic. whatever bill is appropriate to have crisis. Until we have that vaccine, we With all these demands, States haven’t this discussion. And I will tell you, have to keep people safe. And the one been able to keep up with those essen- there are three out there right now. thing that we have asked them across tial bills. There is the Heroes Act, there is the the country, including in the State of I will tell you this: I have talked to, SMART Act, which has bipartisan sup- Nevada, in every county, is that if you in my State, like many of us do—we go port, and there is the Coronavirus shelter in place, if you go home, if you home, or when we are here, we make Community Relief Act. There are three shut your business and help us stem sure that we are communicating with bills. Let’s bring them to the floor. the spread of this virus, we will take so many people across our State. Let’s have this discussion, with the care of you. We will help you put food In Nevada, we have beautifully di- focus on coming together to get the on the table. We will help you pay your verse communities, and we have urban funding to our State and local govern- rent, make sure you have a roof over and rural areas. I have talked to the ments and our Tribal communities your head, pay your utility bills. We leaders of all of our counties, our city that is needed right now. will put money in your pockets. governments, and our Governor. I yield the floor. Oh, and by the way, we will make Whether they are Republican or Demo- The PRESIDING OFFICER. The Sen- sure that those small businesses have cratic or Independent, there is still one ator from Hawaii. access to liquidity so that when we can thing in common: They want us to Mr. SCHATZ. Mr. President, we are come outside and outdoors again safely come together to find a solution to on the precipice of a depression be- and securely, our economy will spring help and support them during this time cause of politics. Right now, every sin- back that much quicker. when there is no revenue coming in be- gle State and most counties and most Unfortunately, when we asked every- cause our economy has been ground to cities are experiencing a budget crisis one across the country to follow that a halt as we address this health crisis. like they haven’t seen in generations. advice and stay safe, we made a com- They have all asked both me and Tax revenues are down due to high mitment to them as well—a long-term JACKY ROSEN, Senator ROSEN: Please unemployment, rising healthcare costs, commitment—that we would continue continue to fight for us and make sure and the drop in consumer spending and to work together in a bipartisan way to that the money not only is there and emergency relief costs continue to sky- solve this problem and make sure that available, because we need it to keep rocket, and that means our States, our people and individuals had money in our constituents safe, but make sure it cities, and our towns have run out of

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.042 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4714 CONGRESSIONAL RECORD — SENATE August 4, 2020 money or are quickly running out of sanitation workers, teachers—in the to nearly 33 percent—the sharpest eco- money. But in the latest proposal, the middle of a situation where the virus is nomic decline in modern American his- Republicans allocate nothing at all to much worse than it was 3 months ago tory. State and local government. You heard and the economy is much worse than it For months, my colleagues and I that correctly. In midst of the biggest was 3 months ago. have been coming to the floor, week public health crisis in a century, Re- So I reject the premise that this is publicans will not send a single dollar some sort of Democratic ask. Now, I after week, urging the majority to take in emergency aid to our States, our cit- could go through the list of the Na- up proposals that would provide crit- ies, and to our counties. tional Conference of Mayors, the Na- ical changes to our healthcare system Economically, this is just ridicu- tional Governors Association, the Na- and comprehensive relief for our econ- lously bad. It will cost roughly 4 mil- tional Conference of State Legisla- omy, but what we have gotten is a lion jobs, and it will have a direct im- tures—all of the organizations that on package that fails to address many of pact on GDP and on the programs and a bipartisan basis represent govern- the concerns I have heard from Granite services that we need in order to come ance. They all want State and county Staters. out on the other side of this pandemic. relief to come into this package. I The bill that was presented to this Budget shortfalls among State and could go through that, but I just reject Senate by the Republican majority local governments are approaching half the premise on a human level that we doesn’t provide dedicated funding to a trillion already, and for my home have to demand, as though it is some help nursing homes and long-term care State of Hawaii, we are confronting sort of progressive wish list—it is not a over a billion dollars in losses. carbon tax, right? It is not criminal facilities, which are the most vulner- Unlike the Federal Government, our justice reform. It is not gay rights. able to COVID–19. In fact, in New State and local governments are oper- This is allowing firefighters to stay Hampshire, 80 percent of our deaths ating with finite amounts of dollars. employed. This is allowing our public from coronavirus have been to people They don’t have an unlimited line of hospitals not to lay off people in the in long-term care facilities—the high- credit. And a majority of States re- middle of a pandemic. This is allowing est percentage in the country. quire a balanced budget by the end of our school systems not to lay off teach- This package doesn’t include housing the year. So it is one thing for States ers. assistance and eviction protections. It and counties and municipalities to jug- This isn’t a Democratic ask, this is inadequately funds testing, and it pres- gle and survive for a few months by an American ask, and I reject the sures schools to reopen in order to removing money around, using cash flow premise that the leader of the Senate, ceive assistance. management, paying bills late, relying MITCH MCCONNELL, is going to treat on rainy day or reserve funds, but they this as something that is to be traded Importantly, the bill lacks any sup- can’t do that forever. By now, many for. We don’t trade for keeping our fire- port for State and local governments have burned up their reserves, and the fighters employed. We don’t trade for that are struggling to maintain essen- cupboard is bare, and the bills are due. keeping our nurses employed. We just tial services while they are also on the The decisions that the Republicans do that because it is the right thing to frontlines battling this pandemic. are making right now—the official pol- do, and we especially do that in the Every day, mayors and community icy as it relates to funding local gov- middle of the worst public health crisis leaders tell me about what they are ernments is to force millions to be laid in a century and the worst economic facing—the massive reduction in local off in the middle of the worst pandemic situation we have had in almost a cen- tax revenues and increased costs due to in 100 years. tury. COVID–19 response efforts. These chal- Refusing to send aid to States and I reject the idea that Leader SCHU- lenges have left our State and munic- local governments isn’t just cruel; it is MER and Leader MCCONNELL and Speak- ipal governments in dire straits. bad economic strategy. Moody’s reer PELOSI and Secretary Mnuchin have leased a report projecting that it could to cut a deal on State and local fund- I would like to read an excerpt from shave as much as three full percentage ing. Every single Member of the U.S. a letter I received from Mayor Joyce points from GDP—three full percentage Senate, as soon as this ends up in the Craig, the mayor of Manchester, New points from GDP. bill, is going to take credit for it. They Hampshire’s largest city. She says: There are certain things that are not are going to say: Look, I got you Prior to the COVID–19 pandemic, Man- within the U.S. Senate’s control as it money. But let the record reflect that chester was thriving. Over the past two relates to GDP, but this is a choice we the proposal from the Republican con- are about to make—to lay off public years, we saw over $250 million in new, pri- ference was that States, counties, and vate investments in economic development; service workers, to actually—I mean, municipalities get zero, and that is not we expanded air service from the Man- we passed the PPP program, which ba- tenable. chester-Boston Regional Airport; and we sically subsidizes keeping people em- I yield the floor. were seeing a continual decrease in opioid ployed. We passed this expanded unem- The PRESIDING OFFICER. The Sen- overdoses. But due to the COVID–19 pan- ployment insurance, which—as Senator ator from New Hampshire. demic, our bright path forward has grown CORTEZ MASTO pointed out, we Mrs. SHAHEEN. Mr. President, I foggy, and I am concerned about what lays mandatorily said: Stay home, and we wanted to join my colleagues on the ahead for my city. will take care of you. Now the official floor today to support legislation that public policy of the Republican con- would address the needs that we are Mayor Craig goes on to say that ference is to lay off firefighters and hearing from State and local govern- since the pandemic began, nurses and teachers. ments and that would support bipar- Manchester’s revenue is down by over I know that we get real heated in tisan legislation to address this pan- $3.5 million, including a $1.6 million de- terms of our rhetoric sometimes on the demic. That is what we have had to crease in property taxes that are col- Senate floor, and we accuse the other date, and there is no reason why we lected. In total, the State of New side of things that are maybe shading can’t get there this time. Hampshire expects to experience a the truth in ways that are unfavorable. As you know so well, last week the budget shortfall of nearly $540 million. But I just want to point out that that United States crossed a devastating That is about a 20-percent drop in is the official public policy of the Re- milestone. More than 150,000 Ameri- State revenues. publicans right now—that States and cans, including 417 Granite Staters, Mr. President, I ask unanimous con- counties and cities get zero; firehouses have died due to complications from sent that the letter I quoted from get zero; public health nurses get zero; COVID–19. Sadly, as we all know, those Mayor Craig of Manchester be printed teachers get zero—and that if they had numbers keep increasing. The in the RECORD. their way, they would pass a coronavirus pandemic has also wreaked coronavirus aid package that forces us havoc on our economy. The Commerce There being no objection, the mate- to lay people off—public health nurses, Department reported on Friday that rial was ordered to be printed in the public school administrators, public our gross domestic product had shrunk RECORD, as follows:

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.044 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4715 JULY 27, 2020. ever that municipalities like Manchester re- was able to receive $1.25 billion to help Senator JEANNE SHAHEEN, ceive federal funds that can be used to pre- reimburse the State for its COVID–19 Washington, DC. vent homelessness and alleviate our housing response. These funds have been used Senator MAGGIE HASSAN, crisis. in New Hampshire to create relief pro- Washington, DC. Just as financial assistance was sent di- Congressman CHRIS PAPPAS, rectly to individuals and small businesses grams for county and municipal gov- Washington, DC. impacted by COVID–19, the cities and towns ernments, small businesses, nonprofits Congresswoman ANNIE KUSTER, managing local responses to this pandemic of all sizes, frontline workers, and for Washington, DC. should be allocated the necessary resources healthcare providers. But of course, as DEAR SEN. SHAHEEN, SEN. HASSAN, REP. to properly care for our citizens. we know, that money is running out, KUSTER & REP. PAPPAS: Thank you for your I appreciate the work that you are all doing in Washington to fight for the people and so more needs to be done. leadership in the midst of this global pan- We need State and local funds to pro- demic. of New Hampshire. When you are fighting for As you know, New Hampshire’s cities and the Granite State in Congress, I urge you to vide additional support for families towns are on the front lines of responding to keep the State’s municipalities in mind. who are experiencing housing insecu- COVID–19. Day in and day out, we see the di- Sincerely, rity or homelessness, minority- and rect impact this pandemic is having on our JOYCE CRAIG, women-owned small businesses and in- residents, businesses, and non-profits. It’s a Mayor, dividuals in recovery or are in need of time of disruption like we have never experi- City of Manchester. mental health services. New Hampshire Mrs. SHAHEEN. Today, I also spoke enced before. has been severely affected by the None of us know how long this crisis will to the mayor of Nashua, Jim Donchess. opioid epidemic, and people who have last, but we are thankful for your tireless ef- The mayor told me that he expects to substance use disorders are feeling the forts to advocate for Granite Staters lose 10 percent to 20 percent of the rev- impact of this coronavirus perhaps through the ‘Coronavirus Aid, Relief, and enue base in Nashua. That is $7 million Economic Security (CARES) Act. I am writ- more than their neighbors and other to $15 million. That means that serving you today to urge you to support and ad- people in our State. ices would be affected and workers vocate for sending additional relief directly In addition to providing dedicated to municipalities like the City of Man- would have to be laid off. In fact, as he told me, if he had to funding for State and local jurisdic- chester in the ‘Health and Economic Recov- tions, the next relief package should ery Omnibus Emergency Solutions (HE- take all of the savings that he would remove bureaucratic restrictions pre- ROES) Act. need to achieve from the revenue losses Prior to the COVID–19 pandemic, Man- from just one agency, it would result in venting these governments from using chester was thriving. Over the past two laying off half of the entire police de- emergency relief funds as they see fit. years, we saw over $250 million dollars in partment in the city or laying off 150 Congress should also provide dedicated new, private investments in economic devel- to 200 teachers. Obviously, that is not funding for counties, cities, and for opment; we expanded air service from the municipalities with fewer than 500,000 Manchester-Boston Regional Airport; and we tenable. I also heard from the mayor of Ber- residents. They need access to this were seeing a continual decrease in opioid funding because they are just as much overdoses. But due to the COVID–19 pan- lin, Paul Grenier, the mayor of New demic, our bright path forward has grown Hampshire’s northernmost city. He on the frontlines—the rural commu- foggy, and I am concerned about what lays told me because of the impacts of nities in my State—as the biggest cit- ahead for my city. COVID–19, the State of New Hampshire ies in this Nation. Communities of all Just as many small businesses and cor- is also facing revenue shortfalls. As I sizes are facing substantial loss of rev- porations are struggling, so are our munici- said, they are expecting about $540 mil- enue due to COVID–19, and they need palities. In an effort to reduce the financial lion in revenue losses. As he said, if the our help. burden on our citizens and business, local Local leaders are calling out for help. governments have absorbed many costs, Federal Government doesn’t provide which has resulted in a significant reduction some help to State and local commu- We can’t just sit idly by and let these in revenue. Since the pandemic began, our nities, his city of Berlin is expected to governments go bankrupt, as the ma- City’s revenue is down by over $3.5 million to lose not just any potential funding at jority leader suggests. date, including a $1.6 million decrease in the Federal level but State funds it had This shouldn’t be a partisan issue. property taxes collected, and a $750,000 in budgeted for because it was antici- We all have a common interest in pre- parking revenue reduction. Additionally, our pating that it would get State funding serving as much of our economy as pos- partners, like the New Hampshire Fisher as it usually does. So losing help from sible so that we are positioned for a Cats, are asking for financial help from the Congress in any COVID–4 package full and robust recovery once we get City to ensure they make it through this dif- this coronavirus behind us. So I would ficult time. would have a double impact on the city While Manchester and other New Hamp- of Berlin and other cities and munici- hope that all of my colleagues in the shire cities and towns have received some ad- palities across New Hampshire. Senate would recognize the urgency of ditional funding through the CARES Act, we I heard from mayors, town adminis- this situation we are in and that we are extremely limited in the way that we’re trators, from local leaders, and from will take up and pass legislation that able to use these funds. We are often unable our Republican Governor Kirsten will provide assistance to State and to be reimbursed for the expenses that the Noonan. All of them are grappling with local governments and provide the re- City needs most at this time, like revenue whether they will be able to fund the lief that Americans are calling for. losses, property tax relief and affordable The House passed legislation more housing. services that they have committed to, We have had to make hard decisions to whether they will have to lay off first than 2 months ago. Too much time has keep our city afloat. City departments have responders, firefighters, police and been lost, and it is time for Congress to had to hold 28 vacancies, have put a freeze on teachers if Federal assistance doesn’t act now. all non-essential spending, and have been arrive soon. I yield the floor. forced to reduce some City services, like New Hampshire is not alone. We just The PRESIDING OFFICER (Mr. CAS- parks and recreation activities and facilities. heard Senator SCHATZ talking about SIDY). The Senator from Rhode Island. Our city employees have gone above and be- the impact on Hawaii and Senators Mr. REED. Mr. President, we are yond to fill these gaps, but without addi- heartbroken for the more than 155,000 tional funding, our staffing and service re- CORTEZ MASTO and ROSEN talking ductions will continue to grow. about the impact on Nevada. Everyone Americans we have lost in this pan- Our citizens are fueling the burden of the who has been to the floor is talking demic. We are grateful for those on the COVID–19 pandemic. Many have had their about what will happen in their States frontlines—the doctors, nurses, the hours cut back or have lost their jobs. They if we don’t do something to help. healthcare workers who have served have lost childcare, and some are on the No State could have anticipated the and sacrificed, and we are committed verge of losing their homes. At this difficult economic fallout from this pandemic. to finding a better way forward. time, cities need to be increasing the serv- That is why it is essential that Con- There is no excuse for how this virus ices that it offers to our residents, not de- has spread here in the United States. creasing them. Manchester is facing an af- gress provide Federal support to help fordable housing and homelessness crisis State and local governments as they We have the capacity, the expertise, that has been exasperated by COVID–19. As respond to this crisis. but we have not demonstrated the co- we inch closer to the moratorium on evic- We have done that before in the bi- ordinated strategy or Presidential tions being lifted, it is more important than partisan CARES Act. New Hampshire leadership to overcome this pandemic

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.004 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4716 CONGRESSIONAL RECORD — SENATE August 4, 2020 and economic disaster. Instead, the As Federal Reserve Chairman Jay With that, I yield the floor in the President engages in a pattern of de- Powell said last Wednesday, ‘‘The path hopes that we will move quickly to leg- nial and delay, downplaying the scope of the economy is going to depend to a islation that will satisfy the needs of of this crisis. very high extent on the course of the our cities and towns of all Americans This failed approach has led to thou- virus, on the measures that we take to so we can move forward together. sands of premature deaths, double-digit keep it in check. . . . We can’t say it Thank you. unemployment, shuttered businesses, enough.’’ The PRESIDING OFFICER. The Sen- and spiking infection rates throughout That is why we need additional and ator from West Virginia. the country. The economy will not flexible Federal assistance for State f snap back until we get COVID–19 under and local governments that are fight- TRIBUTE TO GEORGE KAROS control and until States and commu- ing this virus on the frontlines while nities have the resources they need to also trying to keep their local econo- Mrs. CAPITO. Mr. President, I rise get a handle on this public health mies afloat. I said before the CARES today to honor and thank a very good emergency. Act passed, we needed $750 billion for friend of mine, Mayor George Karos of The costs of fighting COVID–19 is ris- State and local governments to do the city of Martinsburg—I said his ing. State and local budgets are now both. The CARES Act included $150 bil- name wrong, and I don’t want to do under severe strain while demand for lion, and I have new legislation to pro- that because he is a good friend of essential public services, including vide $600 billion more. mine—for his great service to the city medical care, safety, and sanitation, is We should support our State and of Martinsburg and the entire State of going up and up and up. Moreover, local governments because they sup- West Virginia. schools need additional resources to report our economy and, just as impor- He was always really great to work open and support students, and the rev- tantly, they protect our constituents with and always gave credit to staff, enue that is coming in to our States from COVID–19. and he did it with such good humor. and cities and towns is insufficient. By standing in the way of additional George is the son of Greek immi- Without more help, they will be Federal funds for State and local gov- grants who did not speak English when forced to make drastic cuts which, in ernments, Republicans may force these they came to this country. They moved my State, could mean cutting critical governments to raise taxes on our con- to Martinsburg before he was born. funding for hospitals and nursing stituents, make additional cuts to crit- George was born in the early 1930s. homes in a State with one of the oldest ical services, or worst, do both. Let’s George has called Martinsburg his populations in the country, zeroing out avoid more self-inflicted pain. home his entire life. Getting a handle on COVID–19 also the State’s job training program, clos- Growing up, he worked at Patterson’s means keeping families in their homes ing a prison facility, cutting Medicaid Drug Store on Queens Street, where he and avoiding waves of evictions and eligibility for vulnerable adults, and swept the floors and rode his bike to foreclosures that would lead to a major reducing childcare reimbursement deliver prescriptions. Over time, he spike in homelessness, which would rates, impacting working families and worked his way up in the ranks, taking likely mean more infections. over the soda fountain and eventually childcare providers throughout the At the same time, we should con- worked as an assistant in the phar- State. tinue expanded unemployment benefits macy section of the drugstore. With State and local governments and provide nutrition assistance so George did leave Martinsburg briefly forced to lay off more workers, the un- people in desperate circumstances, when he served his country in the U.S. employment crisis worsens, the cus- through no fault of their own, can af- Naval Hospital Corps, where he was tomer base for Main Street shrinks, ford to pay their bills and eat. We must stationed at both Bethesda Naval Hos- and the economy slides even further provide relief for the hardest hit busi- pital and Quantico Marine Corps Base away from rebuilding. Indeed, the U.S. nesses, many of which will continue to in Virginia. He eventually returned to economy shrank at a 32.9-percent be shut down for the foreseeable future, annualized pace between April and including relief to the transportation his home that he loved—Martinsburg— June. sector. and he returned to Patterson’s Drug We must break this vicious cycle by Any agreement should also include Store, which he later bought in 1980 passing another emergency relief pack- more help for childcare providers, pub- and operated until his retirement in age that is right-sized to the challenge. lic schools, and college campuses to 2015. He then began a career as a public The CARES Act is about $1.7 trillion, safely reopen, and support for libraries servant. a huge number—difficult to fathom. It to keep our communities connected. George was first elected to the city wasn’t enough. Not even close. In fact, We must do all of this so that once we council as a councilperson-at-large in the pricetag was smaller than the 2017 have gotten a better handle on the June of 1974, where he served for 26 Republican tax bill. Those who now coronavirus, we have enough workers years. claim they can’t afford to help the un- and businesses with which to rebuild Following this, he decided to run for employed and the communities our economy. mayor of Martinsburg, and he served as throughout America are the same who We also can’t lose sight of the need the mayor for about 20 years and will quickly passed that $1.9 trillion tax bill to safeguard our election infrastruc- retire this year at the age of 88. in 2017, which largely benefited big ture. Our Nation and our economy George and I started our careers to- businesses and the very wealthy at the can’t take any more uncertainty. Hand gether. I started as his Congresswoman expense of the average taxpayer who in hand with that is supporting the in the year 2000, and George started as needs our help now. U.S. Postal Service and its employees, mayor. If there was a will then to spend so who will play an integral role in deliv- I know I speak for all of those from much so quickly on an ill-conceived ering mail ballots and are continuing the Martinsburg community when I and misdirected tax bill, the majority to provide a lifeline to Americans. say that Mayor Karos truly made Mar- should have no qualms about spending For the past 60 consecutive years, tinsburg a better place to work and whatever it takes now to beat this Democrats and Republicans have come live. virus that is attacking our citizens and together to strengthen our national se- I have had the honor and privilege of our economy. curity by passing the National Defense working closely with Mayor Karos dur- For starters, we need improved test- Authorization Act. I hope we can carry ing his entire time serving as the ing and contact tracing, more support this same spirit of courtesy and co- mayor of Martinsburg. We had a field for our hospitals and healthcare pro- operation as we craft the next fiscal re- hearing out in Martinsburg, and I re- viders, and an effective approach to lief package. Indeed, our national secu- member the mayor being there and vaccine development and distribution. rity also depends on the critical pillar welcoming us. I see him at many rib- All while preserving as much of our of a strong and vibrant economy. We bon cuttings and openings. I have been economy as we can to have a strong need to act sooner rather than later on to his drugstore to be served at the foundation from which to rebuild and a comprehensive and robust fiscal counter. He is just a wonderful, won- rebound. package. derful man.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.047 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4717 One of my proudest moments with Mr. WHITEHOUSE. Mr. President, I On yet another front, there has been Mayor Karos was when we successfully had the chance to at least hear the end recent public reporting revealing the secured the funds for infrastructure of Senator CAPITO’s speech. I thank her bad actors rushing to stand up a new improvement, such as the Big Spring for the work she has done on the opioid and improved Republican voter sup- water plan and the Raleigh Street ex- issue that she was talking about. It is pression apparatus as they start to pansion project. George also helped one of the very productive areas of bi- panic about the November election. create The Martinsburg Initiative most partisanship going all the way back to Earlier this year, longtime partisan recently, which is a program I have CARA with Senator PORTMAN and my- court fixer Leonard Leo stepped down spoken about before many times on the self. I know West Virginia, like Rhode from his formal role as executive vice Senate floor. Island, had a terrible situation. I ap- president of the Court capture com- This initiative is spearheaded by the preciate very much her comments. mand center at the Federalist Society. Martinsburg Police Department, the f At the same time, a mysterious new Berkeley County Schools, and Shep- project called the Honest Elections CLIMATE CHANGE herd University, as well as a wide array Project began voter suppression work of local partners, such as the Boys and Mr. WHITEHOUSE. Mr. President, I in swing States like Florida, Nevada, Girls Club of the Eastern Panhandle. am here today for a different topic. I Wisconsin, and Michigan. It ran ads ac- The goal of the program is to stem am here for the 269th time with my in- cusing Democrats of cheating with the horrible opioid addiction problem creasingly battered ‘‘Time to Wake mail-in ballots; it sent threatening let- by identifying and trying to eliminate Up’’ poster to try to alert this Chamber ters to election officials challenging the basic causes of drug abuse in at- to the threat of climate change—some- voter rolls; and it filed legal pro- risk families. The mayor has been dedi- thing, obviously, Louisiana knows very ceedings—lots of legal proceedings—ar- cated to this. The program is ex- well—and to the forces that are block- guing for more voting restrictions tremely successful and has made a tre- ing action on climate. ahead of November. mendous impact in the Martinsburg In these climate speeches, I have But in their hurry, they did a weak talked often about the insidious en- community. job of covering their tracks. Reporters It is also a perfect example of how a croachment on American Government quickly uncovered that the Honest community can come together at dif- of special interest power, which is what Elections Project is a rebrand of the is behind all this climate denial and ferent levels and work together to cre- Judicial Education Project—a key cog obstruction. ate a lasting and impactful solution to in that same Leonard Leo’s machine. It didn’t happen on its own. The fos- a big, big problem. As the Guardian reporters who broke sil fuel industry’s political forces used Through the actions taken under the story observed, ‘‘By having a hand the cover of anonymous funding—what Mayor Karos’s administration, count- in both voting litigation and the judges we call dark money—and they used less children in the Martinsburg area on the Federal bench, [Leo’s] network phony front groups and clever propa- have now seen that there is a life away could create a system where conserv- ganda to accomplish their aims. from illicit drugs and opioid addiction. In effect, these fossil fuel political ative donors have an avenue to both George exemplified hard work, dedi- forces have run a covert operation oppose voting rights and appoint cation, and loyalty. He still does. This against our own government. We ob- judges who would back at that effort.’’ is evident in the length of time he serve the disturbances; we hear the Last, we pretty well know who funds served his community and also through rustling in the leaves; we see strange the massive and often anonymous po- the results that came from his vision sites, but many of us haven’t connected litical operation that props up the Re- and his collaboration with so many the dots. Those who are familiar with publican Party. Take 2016, for instance, others in Martinsburg. some of the elements may not put the when the fossil fuel billionaire Koch The rest of the State agreed with this whole story together. Some are so ac- brothers’ political operation spent $2 because George was named ‘‘Mayor of customed to this sinister behavior that million on ads targeting viable Demo- the Year’’ and ‘‘Public Official of the they think it is normal. Some folks are cratic candidates in just two Senate Year.’’ This came as no surprise to me like a city dweller in the jungle, need- races—Ohio and Wisconsin. and many, many others. ing a field biologist to identify the be- Over a year before the election, they George’s favorite motto is ‘‘Plan haviors going on around them. were already at work bombing those your work and work your plan.’’ That Let me give you this field biologist’s candidates. They didn’t use their is what the mayor did. His second overview. We understand pretty well names. They hid behind phony front motto was something I think we could the crew of bad actors lurking behind groups. It took years to dig this out, probably use around here: ‘‘A closed climate denial. Democrats in the Sen- but that is what happened. mouth catches no flies.’’ These were ate have repeatedly called out and re- The anonymously funded U.S. Cham- the words George followed every day ported on this web of denial funded by ber of Commerce spent nearly $40 mil- when he was working as mayor. They the fossil fuel industry. Investigative lion in 2016 and 2018 supporting Repub- helped to keep progress moving, and journalists like Jane Mayer and schol- lican House and Senate candidates. they perfectly describe how George ars like Naomi Oreskes have dug into Dark waves of untraceable dark conducted himself each and every day, this scheme. There is actually a robust money pour everywhere into Repub- which is why he was reelected many academic subspecialty that analyzes lican elections. From slips and leaks times but also so beloved in his com- this web of denial as a novel socio- and investigative reporting, we can see munity. economic and political phenomenon. enough overlap across these four ef- After 46 years of devoted service to The covert special interest machin- forts to state the general proposition: his city and the community, Mayor ery behind that effort is not just dedi- It is the same crew. Karos is retiring. While I am sad that cated to opposing climate legislation. If you look at it as a covert operation this chapter is coming to a close, I am Another covert operation it runs is run by special interests against their grateful for the opportunity to work chronicled in our recent Senate Demo- own country, it has at least these four together with him to better the city of crats’ report here that examines the programs, but it has one set of inter- Martinsburg. His leadership, successes, bad actors behind the special interest ests behind it: They run the climate de- and his life mottos will serve as an ex- Court capture operation. This oper- nial covert op. They run the Court cap- ample to follow. ation has crept forward over years, ture covert op. They rushed out the I really thank Mayor Karos for being even decades. The Republican Party is voter suppression op. And, with their a good friend and for letting me get to more the tool of this effort than its money, they captured the Republican know him. I really thank him for his principal. Big donors are behind it. The Party to use as their front. service and wish him the very best in goal here is to fashion for the donors a If this operation were not covert, if it his retirement. Supreme Court that will not just rule were obvious, if the press and the pub- I yield back. for but reset society’s ground rules to lic could readily connect the dots, it The PRESIDING OFFICER. The Sen- favor the big donors behind the wouldn’t work. People would know it ator from Rhode Island. scheme. was fossil fuel polluter money. They

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.048 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4718 CONGRESSIONAL RECORD — SENATE August 4, 2020 would get the joke. That is why it has tional right to run covert operations store Our Parks Act that I have worked to be a covert operation, and that against their own government, leaving on for more than 3 years with my col- means it needs dark money—anony- regular citizens beguiled or bewildered. leagues on both sides of the aisle. Sen- mous, untraceable funds. That theory may seem ludicrous, ator MARK WARNER from Virginia was A virulent little galaxy of 501(c)(4) and, indeed, this notion got only the my partner in this, as well as Senator groups, shell corporations, donor one vote from Justice Thomas in Citi- LAMAR ALEXANDER of Tennessee and trusts, and other screening tools has zens United, but remember that Thom- Senator ANGUS KING of Maine. Our leg- been crafted to anonymize the donors as is the dark money crowd’s leading islation involves urgent stewardship of and hide the connections. Why? Be- indicator on the Court. our national parks, which is something cause the blood pumping through this Don’t scoff. This argument is now that I have spent more than a dozen beast that gives it life is dark money. popping up all over the corporate right- years working on. I guess I shouldn’t If we expose that secret blood flow, the wing. Twice so far I have had corporate admit that. Sometimes things take a whole beast shrivels up: no dark entities from whom I requested infor- long time around here. But going back money, no covert operations. mation about their dark money deal- to my days as Director of the Office of That is why efforts to expose the ings ‘‘plead the First’’ in response to Management and Budget under Presi- dark money donors provoke such my questions. dent George W. Bush, I started focusing hysterical reactions from the front The game is on, whether we realize it on this issue of the backlog of mainte- groups and from their operatives and or not, and one of the stakes in the nance projects at our national parks. from their mouthpieces like the Wall game is climate action. We cannot be It is alarming. It has been growing. It Street Journal editorial page. idle about this. Groups that run covert now adds up to over $12 billion, far I have experienced these hysterical operations against our own country are more than the parks could ever afford reactions over and over. Indeed, there not to be trusted with that country’s to take care of based on the annual was one in the news today. This speech welfare. budgets we provide them from Con- might provoke even another. What a foul convergence it would be gress. By the way, the annual budget But at the end of the day, as Ameri- if the dark money schemers used dark from Congress for all operations and all cans, I believe we share the proposition money to fund a Court capture oper- maintenance is less than $3 billion. Yet that nothing could be more corrupting ation that delivered a Court-created there is a $12 billion maintenance than large flows of anonymous money doctrine hatched in dark money hot- backlog. in politics. That sort of money doesn’t houses, protecting that dark money When Teddy Roosevelt started the even have to be spent to be corrupting. from disclosure for eternity, perma- national parks, he wanted to preserve The mere threat of a political attack nently etching into our Constitution some of the most beautiful, pristine can do the job, and the donor saves the this pathway of corruption. lands in America. He wanted to be sure money. Or it could be a private promise As I have said over and over, take they were going to be there for public of unlimited support. away the corrupting dark money weap- use. It was a good decision. We now Once a political weapon is permis- onry from the fossil fuel industry, and have 84 million acres of parkland all sible, private threats and promises to we solve climate change. We have lost around the country. Some are those use or withhold that weapon are inevi- a decade to Citizens United, the deci- beautiful, pristine places like Yosemite table, and they are inevitably cor- sion that gave this industry the weap- and Yellowstone and the Tetons with rupting. onry to kill climate bipartisanship. It spectacular, beautiful vistas, but oth- But don’t think the prospect of cor- is a decade we and our children will rue ers preserve our history. ruption daunts the schemers. A polit- having lost. We have historical parks around the ical regime that allows their corrup- Let’s lose no more time. Let’s, once country. We have battlefields that we tion and helps cover up their covert op- and for all, root out the corrupting have preserved around the country to erations is precisely what the dark dark money machinery, expose its ne- tell the story of our country, good and bad. We have Presidents’ homes that money donors want. farious and crooked covert operations, Why else would we do nothing about shut it down, and start running a real have been preserved to be able to help, climate change when it is so obvious? democracy around here again. again, tell the story of America. Recently, I was at one of our na- Why else would we ignore every re- If we can’t do this now, then let’s tional park sites in Ohio, and it is the spectable scientist in the field? Why pray for an election that lets us do it home of an individual who was the first else ignore warnings of financial melt- soon. I yield the floor. Black colonel in the United States down looming from bankers and econo- The PRESIDING OFFICER. The Sen- Army. He was also the first Black su- mists across the country, even across ator from Ohio. perintendent of a national park. The the world? Why else ignore the fires f home is also a site on the Underground that are burning up Siberia, for Pete’s Railroad, so it is a place where people THE GREAT AMERICAN OUTDOORS sake, and, closer to home, the flood can go and see where escaping slaves ACT warnings along our coasts and the were harbored and understand more of droughts and the floods and the storms Mr. PORTMAN. Mr. President, I am the history, not just of slavery but also across our States? here on the floor today to talk about of the cooperation and the seeking for When astronomers see celestial bod- some positive news and some positive freedom that came out of the Under- ies behave inexplicably, they look for news that happened just today. It is ground Railroad. This is the Charles the dark star, the black hole that in- not about the coronavirus. It is not Young home near Xenia, OH. fluences the behavior of the visible about politics. It is not about Hurri- So our national parks are really im- bodies. Dark money is the dark star, cane Isaias. portant for so many reasons. Yet, dur- the evil star influencing Congress’s be- It has to do with some urgent and ing the past couple of decades, we havior—or I should say misbehavior— historic help for our national parks, haven’t taken care of them as we on climate change. something that is really important to should, and this backlog has built up. So a preview of coming attractions all of us. We all love our parks. People appreciate our parks. During here: The dark-money-funded race to Today President Trump signed into the past decade or so, we have had an capture the Court is also a race by the law the landmark Great American Out- increase of about 58 million in the schemers to establish a new constitu- doors Act, landmark, bipartisan legis- number of visitors to our national tional doctrine protecting their dark lation that will protect and conserve parks. More are coming every year. money schemes. Such a doctrine is al- our public lands. I am happy to see this Why? It is a relatively inexpensive va- ready being grown in the dark-money- effort finally cross the finish line be- cation. They are beautiful. People from funded ideological hothouses, a theory cause the natural beauty and rich his- all over the world know about our na- that dark money anonymity is pro- tory of America is something that we tional parks, and it is one of the things tected by the First Amendment rights must preserve for future generations. they love about America. of association and petition—a theory A big part of the new law is bipar- The problem is that, when these peo- giving powerful interests the constitu- tisan legislation that is called the Re- ple visit the parks nowadays, they are

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.053 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4719 going to find that, over the years, we process does not come near enough to has always been strongly supportive of haven’t kept up with these mainte- matching what we need to have done. our national parks. nance needs so the water systems, the The highest priority needs at the This is about responsible steward- roads, the bridges, the bathrooms, the parks is about $6.5 billion. In this legis- ship. These repairs were a debt unpaid. visitor centers, some of the trails— lation—now law of the land—royalty We are finally addressing them before many of these are now in bad shape. income is taken from onshore and off- the cost increase. Our parks have stood Some are closed, actually. shore oil and gas, and some of that roy- tall for more than a century now as the When you go to a national park, you alty is directed toward this use. embodiment of American history and may find that a facility is closed be- The next 5 years, enough of that our shared commitment to preserving cause of a lack of funding for the defunding will be there to deal with the some of our most magnificent lands. ferred maintenance. We just haven’t $6.5 billion, half of the maintenance Thanks to Restore Our Parks Act, we had the funding to do the capital im- backlog. We would like to do better, will now ensure that those parks stand provements they need so that they can but, frankly, this is historic. Never tall for centuries to come. stay functional. have we had so much funding go to the Just the other week, I saw that first- parks, never have we been able to deal f hand at Cuyahoga Valley National with these backlogs that have built up HEROES ACT AND HEALS ACT Park in Northeast Ohio. It is a great over years. park. It is the 13th most visited na- It is really a debt unpaid. That is Mr. PORTMAN. Mr. President, I also tional park in America. It kind of runs how I look at it. It is something we want to talk this afternoon a little between Cleveland and Akron, OH. should have been doing all along. We about the Heroes legislation, the It suffered from these deferred main- weren’t. The costs have now snow- HEALS legislation, and some of the tenance problems for years. I saw a balled, and now we need to deal with it. commonalities I see between the two. crumbling trail. I saw trails that were It is not so much a new responsibility On the floor of the Senate this week, falling into the Cuyahoga River and as it is stewardship we never did in the there has been some discussion about couldn’t be used. I saw rusting historic first place. It is a debt unpaid. the need for us to come together in a train tracks that run through the park. Second, again, it is going to save us bipartisan way to put together a pack- It is a tourist railroad that runs money over time—assuming we want age to deal with the coronavirus. Some through. Train tracks are an expensive the parks to be working, we want the call it the COVID 5.0 package. It is thing to replace. Again, it has to be trails to be open, we want the visitors really probably 8.0. We have done a lot done. I saw a bridge that was really un- centers to be welcoming—all of which, of legislation already, but there are safe to be on and has to be restored. It of course, we do want and we must things that still need to be done and is a historic bridge. We want to pre- have. some urgent matters, including dealing serve it, but the costs are just too high The bill is not just important for our with the expiration of the unemploy- given the annual budget for that park. parks but also our economy, too, be- ment insurance. Their maintenance backlog at that cause these projects are infrastructure I am on the floor today to talk about park alone is $50 million, yet their an- projects. We have talked a lot about how I see the opportunity for us to nual budget is about $11 million, which that here on how to get more jobs into move ahead by looking at some of the goes to the rangers and the programs our economy right now. With the im- commonalities between the Demo- and the maintenance and operations pact of coronavirus on our economy, cratic support and the Republican sup- but is not enough money to take care we need more opportunities out there. port for different legislation. As we all of these big problems. Infrastructure is one. These are infra- know, the discussions over the past In a way, by not fixing these prob- structure jobs—over 100,000 new jobs in week have not moved forward as quick- lems, we are also increasing the cost. this legislation alone. ly as we would like. In fact, it is pretty Think about it. These costs compound Again, these projects are shovel- discouraging. Despite the fact that year after year. In your own house, you ready. They are vetted. They are ones many people thought the Heroes Act might think about what happens if you that Congress—thanks to our asking was really a messaging bill—POLITICO don’t fix the leak in the roof. What the Park Service for the information— wrote a story, one of our news media happens is the drywall begins to have knows what jobs are out there and sources up here—and said: ‘‘a mes- problems. You might have mold. The what projects need to be done. saging bill that has no chance of be- floors begin to get wet and wood floors It is a long-term investment too. As coming law.’’ Others made the same begin to buckle. You have additional of 2019, visitor spending in commu- comments. Why? Because it was a $3.5 costs that, if you had just fixed that nities near our parks resulted in $41.7 trillion pricetag for legislation, which roof, you wouldn’t have. billion of benefit to the Nation’s econ- would make it by far the most expen- Well, that is where we are with the omy and supported 340,000 jobs. It is sive bill ever passed by either House of parks. If we take the time and the ef- new jobs in terms of construction, but Congress. But also, at a time when we fort to make the fixes now, we will it is also ensuring the parks continue had $1.1 trillion leftover from the save money over time for taxpayers be- to be able to be attracting these visi- CARES package and States have only cause we will not have the tors, which adds such a big economic allocated an average of about 25 per- compounding costs. Every day, it gets boost to our economy. cent of their CARES Act funding, it worse and worse. I am proud that Congress has come seemed like pushing taxpayers to foot Now, finally, we have come up with a together as Republicans and Democrats the bill for the costliest legislation in way to deal with it. Congress has asked in a nonpartisan way to support this history maybe wasn’t the right way to our parks, over the last few years, to important initiative, and I am thank- go. give us their deferred maintenance ful for the President and his support. Also, it had virtually no support projects with specificity: What are He showed bold leadership by saying: from Republicans. Also, this legislation your priority projects? What are the You know what, we are going do this. included a lot of stuff that had nothing top priorities? We have asked them to Other Presidents have talked about it. do with COVID–19. The sense was: Yes, lay it out in detail. In the last three or four administra- it is an important messaging bill for It has been very helpful because we tions, we have talked about it. Again, I Democrats—that is out there—but that now know we have over $12 billion in have been working on it for a dozen we needed to figure out a way now to maintenance needs but about $6.5 bil- years. Now we have actually been able come together as Republicans and lion of that is high-priority projects— to do it. Democrats. the projects most in need of immediate I also want to thank the Director of Leader MCCONNELL also introduced attention. We know what they are. Office of Management and Budget, legislation. That legislation is called They are shovel-ready. They have been Russ Vought, for his help; the Sec- the HEALS Act. It is time for us to fig- vetted. We are proposing a source of retary of the Interior, David Bernhard; ure out how to come together and fig- funding to be able to deal with that be- and other members of the President’s ure out a solution going forward. Par- cause, again, the annual appropriations team, including Ivanka Trump, who ticularly with regard to some of these

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.054 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4720 CONGRESSIONAL RECORD — SENATE August 4, 2020 urgent matters like unemployment in- Right now in Ohio, we have a lot of essential that as people return to work surance, we are already past time. Un- jobs open, a lot of manufacturing jobs, they do so safely. In the legislation we employment insurance already expired as an example. I was at a plant re- talked about earlier, the HEALS pack- last Friday. We have to move forward cently—a Ford plant—where they are age, which Senator MCCONNELL intro- with that. We should not be playing looking for people. They have a 25-per- duced, there is a proposal that is called politics with people’s livelihoods and cent absenteeism rate right now. They the Healthy Workplace Tax Credit Act. making this a political football. attribute a lot of that to the fact that Basically, what it says is, if a business Last week, and again today, my col- people can make more money on unem- is willing to put in place safety meas- league from Arizona, Senator ployment insurance, but they need the ures like a Plexiglas shield or do test- MCSALLY, introduced what I thought workers badly. ing or have the PPE—the gloves and was a great commonsense idea: Let’s There are Honda plants in Ohio—that the masks and, in some cases, the extend the existing unemployment in- is another one of our manufacturers— gowns that are needed to stay safe— surance, $600 per week Federal supple- where the white-collar workers are they should be able to get a tax credit ment, for another week while we con- going to work on the assembly lines be- for that. It not only encourages more tinue these negotiations so that people cause they can’t get enough workers employment, but it encourages em- are not going to see their unemploy- coming in. ployers to open in a safe way. ment insurance checks decrease sub- I hear it across the board. I have I spoke to a bunch of restaurants yes- stantially. They would lose all the Fed- heard it from those who are involved terday from Ohio. They called in to eral benefit unless we do that. They with developmental disabilities trying talk about the legislation. They love would still have the State benefit but to get their workforce back. I have this because they have a lot of costs as- lose the $600 per week. heard it from people who are involved sociated with making their places safe Unfortunately, Senate Democrats with the treatment for opioids, so the during the coronavirus pandemic. But said no, objected to this commonsense alcohol and drug addiction boards are this legislation, again, is stuck because idea. I don’t quite get that. I think we trying to get their people to come back we can’t seem to get to a negotiation. ought to keep the $600 in place while to work. I have heard it from our small That is one where Democrats and Re- we negotiate for the next week, and we businesses that are trying to figure out publicans could come together. ought to be sure and put the interests how to reopen and reopen safely but There is another one that I think of the American people first and come have a tough time getting people to makes a lot of sense. It is called the to a commonsense solution. Now isn’t come back to work. There is a need for Work Opportunity Tax Credit Expan- the time for games. It is the time to us to figure this out. sion. That also is in the HEALS legis- get it right. For the workers themselves, it is lation. This has always been a bipar- I also note that with regard to unem- much better for them to be connected tisan issue—the work opportunity tax ployment insurance, there are lots of with their employer again, isn’t it? credit. We have said simply that just as ideas out there. For the last few After all, that is where they are likely you can get a tax credit to hire vet- months, I have been proposing the idea to get their healthcare. If they have it, erans or to hire second-chance individ- of a return-to-work bonus. Maybe that they are likely to get their retirement uals who have come out of the prison is not the best idea. Maybe people have savings. They are likely to get the system, you should be able to hire peo- better ideas. The notion there would be training there to be able to keep up ple from unemployment insurance who the $600, which is the current Federal with the times. have lost their job because of COVID–19 benefit, allows people on unemploy- It is good to have people at work. and get a tax credit. This is something ment insurance, in many cases, to have The dignity and self-respect you get that, again, Democrats and Repub- more income on unemployment than from work is something that is of licans should be able to work on to- they would working. value. We should all want that. All of gether. According to the studies that have us in this Chamber should focus on this Finally, in the HEALS package, we been done, including by the University issue and say: OK. The $600 was put in also have legislation that has a lot of of Chicago, about 68 percent of the peo- place during a tough summer. Let’s be appeal to Republicans and Democrats ple on unemployment insurance are honest. A lot of people had a really that is an expansion of the employee making more money on unemployment tough time, and some people are still retention tax credit from the bipar- insurance than they were making at having a tough time. There should still tisan CARES Act. This is legislation work. be, in my view, a Federal supplement, that passed 96 to 0 around here. We say, Most Americans, including most but it can’t be paying people more not let’s make this employee retention tax Members of this Chamber—Republicans to work than to work. That makes no credit work better. We expand the and Democrats alike—think that is not sense, as we are starting to open this amount you can get in terms of tax right. You shouldn’t make more not to economy and open it safely. We have to credit, expand the amount of time that work. Unemployment insurance is figure out a way forward here. has to be covered. It makes it a much meant to give you a little help. In There are some Democrats who have better package for small businesses to Ohio, it is about 50 percent, up to a cer- worked on this issue. Timothy use to be able to attract employees and tain cap, but it is not meant to replace Geithner is an example of one who was to retain the employees they have. your wages, plus—which is what is hap- Secretary of Treasury under President Again, this is nonpartisan, I would say, pening—on average, 134-percent in- Obama, who put forward, along with and certainly one that can be bipar- crease in wages if you are on unem- other Democrats and Republicans, a tisan. ployment insurance. proposal that said: Let’s lower the Historically, these tax provisions There must be a way for us to come amount, and let’s tie it to the unem- have had bipartisan support. I worked together and to solve this problem. ployment. with my friend BEN CARDIN in design- There are Democrats and Republicans This is something that, in talking to ing the employee retention credit in alike who have talked about perhaps my colleagues on both sides of the March, expanding the opportunity tax lowering that amount from $600. I aisle, including some Democratic col- credit, which has always had bipartisan heard one of my Democratic colleagues leagues who have talked to me pri- support, and the healthy workplace tax on the floor today—the Senator from vately, that, you know, they get it; credit. Senator SINEMA actually has a Oregon—talk about maybe you can tie this is not working, and we need to fix very similar bill. it to the unemployment in the State. it. Let’s do that. It seems to me there Second, there is agreement on both Others of us, again, and I have talked is a lot of commonality there, and we sides of the aisle, we have to support about the return-to-work bonus. You should be able to figure out a way for- our schools and our businesses so our could take some of that $600 with you ward. kids can get back into the classroom and go back to work, which would deal Let me mention some of the other and our parents can get back to work. with, on a voluntary basis, the need for places where I see a lot of com- With regard to schools, there is sup- people to go back to work because em- monality. First, both Republicans and posedly a big partisan divide over this ployers are looking for folks. Democrats agree that it is absolutely issue. When I see it, I see schools,

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I yield the floor. serving in Air America? On the business front, both Demo- The PRESIDING OFFICER (Mr. BAR- Most crews had military training. crats and Republicans have seen value RASSO). The Senator from Louisiana. Many bore the scars of fighting on the in the Paycheck Protection Program f ground in Korea and Vietnam. They we introduced in the CARES Act, are former POWs and Special Forces— which is why both bills seek to expand AIR AMERICA all tough as nails. They were also crop it. Albeit in somewhat different ways, Mr. CASSIDY. Mr. President, I rise dusters and water bombers who fought but there is greater consensus here to speak of a largely unknown aspect forest fires. They were smoke jumpers than one might think. We just need to of the Vietnam war and a too neglected and flight mechanics. Thousands of sort out the details. aspect. I rise to highlight Air America personnel were indigenous people, both My colleague from Louisiana is here and its role in military conflicts from male and female. Air America members with me tonight in the Chamber. He the 1940s through the Cold War. came from all walks of life to answer has talked a lot about the need for us Air America, which was previously the call to serve. to improve the way we provide funding known as the Civil Air Transport, oper- Military aircraft was provided to em- to local governments, municipalities, ated under a shroud of mystery, in- ployees to conduct combat-related ac- and to provide more flexibility. I don’t trigue, and, at times, purposeful deceit tivity in areas where the U.S. Armed think there is much disagreement to allow the organization to continue Forces could not go due to treaties. about that on either side of the aisle. covert operations. Its members lived They served at considerable risk. Nu- There may be a disagreement the num- the motto ‘‘Anything, Anywhere, Any- merous employees died or were seri- bers, the amount of funding, but, time, Professionally.’’ ously injured. However, their sacrifices again, the HEALS package has fund- Now, if you would look at this pic- were not given the same recognition as ing. The Democrats have more funding. ture, you would think that this must military members. But flexibility—that is one where I be an Army helicopter pilot performing Lowell Pirkle was killed when an think there is a lot of bipartisan con- a rescue on an active battlefield. No, RPG hit his helicopter, and it burned sensus. that pilot was a civilian. He was a con- to the ground. Sadly, it took years for I know it is a popular right now to tractor of sorts with the U.S. Govern- his remains to be repatriated and sent say that we are so far apart we can ment and was flying that helicopter to to Honolulu. When Deborah, Lowell’s never get together, but as I look at rescue that soldier or that marine, not wife, insisted that he be buried in Ar- this, when you actually look at the in- an enlisted person. Its members, again, lington Cemetery, she was informed dividual pieces of this, I see a lot of lived the motto ‘‘Anything, Anywhere, that Lowell was ineligible because he commonalities. The final one I want to Anytime, Professionally,’’ including died not in the military but as part of mention is one where I would think all rescuing those from battlefields. Air America. He would eventually be of us should be together. That is ad- They garnered respect as cargo and buried in Arlington due to his previous dressing the underlying health crisis charter airline pilots during the Secret military service, though the work in we face. War in Laos in the 1960s and 1970s. As both engagements was essentially the Both the HEALS package and the He- the war progressed, the U.S. Govern- same. roes Act provide increased funding for ment increasingly relied on Air Amer- Let me just pause for a second. Let’s research into vaccines and antiviral ica pilots to conduct search-and-rescue look at this poster. treatments for this disease. Both acts missions of downed U.S. military pi- From 1962 to 1975, Air America in- also recognize the importance of in- lots—often in heavy combat areas with serted and extracted U.S. military per- creasing funding for testing, which is no weapons of their own. The daily sonnel and provided combat support critical in making sure we can safely risks that they took to save others across the entire Vietnam field. Air and sustainably reopen. There are more points of com- earned them the reputation as being America rescued hundreds of Ameri- monality between the Republican and the most shot at airline. I shouldn’t cans and stranded Vietnamese, includ- Democratic approaches that I could laugh, but there is, I am sure, kind of ing the last out of Saigon in April 1975. touch on, like providing another $1,200 a gallows humor they felt when they Who can forget these dramatic photo- in stimulus checks for all Americans said that, ‘‘the most shot at airline.’’ graphs? who make less than $75,000 a year. Here is a depiction of a plaque in Air America pioneered remote land- That, I understand, is something that Richardson, TX, that President Reagan ings during the Vietnam war to resup- both Democrats and Republicans sup- dedicated. On it are the names of those ply U.S. troops and key allies, like the port. That would be a huge part of this who died as Air America pilots. Hmong in Laos, and Air America pilots new package. At the plaque dedication in Dallas, were the only known civilian employ- The House-passed Heroes Act has, President Ronald Reagan said: ‘‘Al- ees to operate non-FAA-certified mili- again, a pricetag that is just too high— though free people everywhere owe you tary aircraft in combat zones. $3.5 trillion. I think most people would more than we can hope to repay, our Lastly, as I previously mentioned, acknowledge that. I also know there is greatest debt is to your companions here is the memorial plaque in Rich- a big difference between that and the $1 who gave their last full measure of de- ardson, TX, that honors the 146 Air trillion that was in the proposal from votion.’’ America veterans who were killed. Senator MCCONNELL—$1 trillion. That While President Reagan recognized These men served ‘‘Anything, Any- used to be a lot of money. the contributions that these pilots where, Anytime, Professionally.’’ Again, when you look at the actual made to the United States, Air Amer- Again, it has been denied that they ac- details of this, when you look at what ica has received mixed support tually performed these military duties, is actually in these two pieces of legis- throughout its history. The Depart- but, once more, declassified documents lation, there is so much commonality. ment of Defense and the CIA, among show that the U.S. Government owes I think it is critical that we get this others, have argued that Air America Air America and, therefore, its mem- legislation right. We have time to do pilots are not veterans, saying their bers status as veterans. that. In the meantime, as Senator heroic rescues of American soldiers In August 1965, Secretary of State MCSALLY has proposed, let’s continue were not part of their contracts or Dean Rusk wrote: ‘‘Political factors re- the $600 for the next week. within the scope of their mission. quire that Air America helicopters con- Let’s be sure that we can build on These sentiments have kept Air tinue to assume responsibility for all these commonalities we see between America pilots from receiving veteran search-and-rescue operations in Laos.’’

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.057 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4722 CONGRESSIONAL RECORD — SENATE August 4, 2020 A year prior, Ambassador to Laos leagues came down to the floor and for the people and their injuries and Leonard Unger said: ‘‘Search and res- made the wildest accusations about the terrorist activity that was going cue is a crucial factor in maintaining how the Federal officers were the worst on. But he conceded and allowed the the morale of pilots, and there is no in the world. Portland Police Bureau to clear out prospect at this juncture of estab- Some of the words they used were: the downtown parks that were a base lishing effective search-and-rescue pro- ‘‘bold,’’ ‘‘sadistic,’’ ‘‘Gestapos,’’ ‘‘storm for the agitators and let the State po- cedures without the use of both civil- troopers,’’ ‘‘paramilitary’’—words de- lice officers defend Federal properties. ian (Air America) and U.S. military signed to stir the emotions of everyone That is the responsible thing to do, personnel.’’ watching. They were talking about the and it shows the President’s commit- The stories go on, but I will add one law enforcement community. They ment to working with State and local more. were talking about sheriffs and police. law enforcement when additional re- CIA Assistant General Counsel James Rather than letting these wild allega- sources are needed. Harris wrote to the Civil Service Com- tions go unchecked, let’s remember It could be easy to think that this is mission: ‘‘In the case of Air America, it how we got here. an outlier, but, sadly, the national would have been virtually impossible For over 60 days, violent demonstra- ‘‘defund the police’’ movement—it is a to preserve the cover story had all the tors have laid siege on Portland. That movement in this country now. Every- corporate employees been advised that is not an exaggeration. They have spe- one is talking about it, defund law en- they were really employees of the cifically and deliberately attacked a forcement. The movement is having a United States Government.’’ Federal courthouse, attempting to de- real impact throughout America. It is time for the U.S. Government to stroy it. Let’s be clear: These are not The result? Shootings have increased set the record straight about Air Amer- peaceful protesters. Everyone agrees in in New York by 277 percent this year; ica. Their service is commended by all the First Amendment and the support in Chicago, by 50 percent this year, and who served with them, especially by for peaceful demonstrations. We all in May, they saw the most violent those servicemembers whose lives were agree on that. That is not what we are weekend in modern history; and in saved by Air America. We owe them talking about here. That is not what Minneapolis, the murder rate is expected to surpass an alltime high. more than a debt of gratitude. I urge happened when the anarchist groups In fact, as President Trump men- my colleagues to consider the story of co-opted the peaceful protests with the tioned recently, the 20-most dangerous fires, the lasers, the bricks, the Molo- these brave pilots and work toward cities in America are run by Demo- tov cocktails, the sledgehammers, and providing the recognition they deserve crats. I have to mention this because more. as Federal employees, including grant- the Washington Post tried to fact See the chart. This chart we have ing veteran status and the associated check the President’s statement. And here, the one on the right says: benefits. do you know what? It is a good thing I yield the floor. Day 53. Federal facilities and law enforce- that they did. The result? The Post The PRESIDING OFFICER. The Sen- ment officials targeted and attacked overnight. One officer injured and 5 arrested. showed that, per capita, 19 of the 20 cit- ator from Illinois. ies with the most violent crime per (The remarks of Mr. DURBIN per- The one on the left says: 10,000 residents were controlled by taining to the introduction of S.J. Res. Day 56. Last night six DHS law enforce- Democrats, and the one that wasn’t 75 are printed in today’s RECORD under ment officers were injured in Portland. To be controlled by Democrats was an Inde- clear, criminals assaulted FEDERAL officers ‘‘Statements on Introduced Bills and pendent, but that Independent is a Joint Resolutions.’’) on FEDERAL property . . . and the city of Portland did nothing. Democrat. Mr. DURBIN. I yield the floor. I guess they hoped we would only The response from local leaders? I suggest the absence of a quorum. read the headline and not see the data The PRESIDING OFFICER. The They have caved to the mob and will that shows the impact of the lack of clerk will call the roll. not allow local law enforcement to pro- leadership. In case you can’t tell The bill clerk proceeded to call the tect Federal property. In fact, they watching at home, the blue lines on the roll. have demanded Federal law enforce- chart that will go up here—what we Mr. INHOFE. Mr. President, I ask ment leave and surrender to the mob. have here is the claim ‘‘that the most unanimous consent that the order for Can you imagine? This is in America dangerous cities in America all run by the quorum call be rescinded. that this happened. Democrats. They aren’t.’’ But then The PRESIDING OFFICER. Without So that leaves us two options: One, they found out that they are. Here they objection, it is so ordered. completely give in to the mob and let are. The blue lines are run by the f them burn down the taxpayer-funded Democrats; the red lines, Independents. courthouse—and we all know that they PROTESTS So that is a problem. will not stop there—or, two, send addi- Honorable, good law enforcement of- Mr. INHOFE. Mr. President, I want tional Federal resources to Portland. ficers are enduring severe budget cuts to start by doing something that has We are a nation of law and order. Ad- from spineless politicians who want to become a little controversial. It ditional Federal resources is the only concede to the far left ‘‘defund the po- shouldn’t be, and the fact that it is re- correct answer here. The Department lice’’ movement. They are being over- flects a sad time in our Nation’s his- of Homeland Security doesn’t have a stretched and overburdened. tory. Here it is: choice. They are legally required to That doesn’t even get into the inju- To our Nation’s police, sheriffs, and protect these facilities. ries law enforcement has endured dur- all other law enforcement officers out Contrary to what has been reported ing these violent protests recently. In there—State and Federal—thank you. I in the media, these Federal officers are Portland alone, three officers are fac- appreciate you and am grateful for acting in accordance with the law. ing possible permanent blindness after your service. They have the legal authority and re- having high-intensity lasers shown in Why has that become controversial? sponsibility to protect Federal prop- their eyes. Other officers have faced in- Because all of a sudden, criticizing and erty, as well as detain, question, and juries from being hit with bricks and demonizing our Nation’s law enforce- arrest anyone in accordance with that. fireworks. They have endured verbal ment has become the popular liberal Specifically, that is found in 40 U.S. assaults, been spit on, and called the thing to do. Code 1315. So they aren’t some sort of most offensive names. At least 30 offi- Over the last few days, you have secret police; they are legal law en- cers have been victims of a doxing, probably seen the liberal mainstream forcement doing what local law en- where anarchists share where their media making wild claims and accusa- forcement wasn’t being allowed to do families live online so they can have tions that President Trump has de- locally there, so they took up their re- access to them. In fact, since July 4, ployed so-called secret police to Port- sponsibilities and performed. over 245 Federal law enforcement offi- land. These allegations got even more Last week, Governor Brown finally cers have been injured in Portland. attention over the last few weeks be- conceded. I guess he just got to the Fortunately, President Trump is tak- cause some of my Democratic col- point where he was willing to be fearful ing action, standing up for our police

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.059 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4723 and also for law enforcement in our to destroy law and order. On the other needed the Orwellian control of ‘‘His- communities. Last week, he launched side, our President is trying to defend tory has stopped’’ in 1966, and the Com- Operation Legend, a Federal law en- it. God bless America’s law enforce- munists here in America need it today. forcement initiative that will work ment officers and our President. How else can they erase our ideas, with State and local officials to ad- The police and our law enforcement culture, and customs in order to im- dress the spike in violent crimes that aren’t the only things the new cancel pose their radical policies on all of us? we are seeing in too many cities. This culture has come for more recently. How much longer do we need to wait is the right approach to restore law While not a literal mob trying to burn for their cries of ‘‘Abolish rent’’ to be- and order. down buildings, the online liberal mob come ‘‘Jail the bourgeois landlord’’? The last thing I will leave you with is still seeking to destroy our Amer- We already see professors accused of on the floor is, 2 weeks ago, in the ican icons by canceling them, sub- wrong thinking for having the audacity midst of sensationalizing statements, jecting them to public backlash fueled to teach or advocate for anything un- the junior Senator from Oregon chal- by the progressive ideology. approved by the progressive mob. How lenged me, basically, implying that if Just before July Fourth—our na- long until they are denounced as class what was happening in Portland was tional holiday—they came for the Na- traitors? happening in Oklahoma, I would feel tional Anthem. The Yahoo music edi- Does our Nation have flaws? Of differently. Well, that isn’t—the dif- tor-in-chief wrote that the ‘‘’Star- course. But what is unique and is per- ference isn’t how I would feel. The dif- Spangled Banner’ seems to be striking haps the most beautiful part of our Na- ference is between Oklahoma City and a wrong note.’’ The Los Angeles Times tion is that we have the ability to see Oregon, I guess. In Oklahoma, we re- wrote an op-ed titled, ‘‘It’s time to can- those flaws, to change them, and to spect our police and the sheriffs and cel the ‘Star-Spangled Banner.’’’ This grow. And we do it under the promise the State troopers. is America we are talking about. of liberty and justice for all. This is a good one here. This is in the Why do they do that? Because in the We did that after the Civil War. We Springlake Division. This is in Okla- fourth stanza of the song—and I didn’t saw it again after World War II. We saw homa. I walk past this every time we even know until a month ago that it that growth in the civil rights move- come and go from the station. What a had more than one stanza. They knew ment. wonderful community we see serving it was more than just one stanza. But The reality of this leftwing ‘‘cancel here in Oklahoma City. You can read in the fourth stanza, there is a couplet culture’’ mob is that there is no goal of statements of people saying how much that reads: debate. The goal is to shame, humili- they appreciate our law enforcement No refuge could save the hireling and slave ate, and ridicule into conformity officers. This is the door that was From the terror of flight in the gloom of through a vicious attack reminiscent there, and it is covered with hearts on the grave. of the Chinese Communist Party strug- the door. That tells the story. Now, because of that, they want to gle session. Liberty is under siege. The sacrifice they make daily is real. cancel the Star-Spangled Banner. Marc Just remember what happened in the They put their lives on the line to pro- Ferris, who literally wrote the book on opinion pages of the New York Times tect and serve our communities, but the Star-Spangled Banner, stated that for merely publishing an opinion that they also work long hours in difficult Key was likely using the term loosely, was held by the majority of Americans conditions. Here is a reminder of that contrasting the free, patriot Americans but rejected by the progressive mob. sacrifice. against the British soldiers subjected Senator COTTON put forward a well-re- I will put up two officers here. There to the yoke of the monarchy. searched op-ed—requested by the are two officers whom I am going to But Yahoo’s article even says if there Times—that advocated the President, show you. Last month, two Tulsa po- is ‘‘a tradition that hurts any part of only as a last resort, should use the In- lice officers were conducting a routine society,’’ it is time to just throw it surrection Act to put down the ter- traffic stop, pulling over a car with ex- away. That throwing it away has expired tags. As any veteran officer will rorist activity we saw in too many cit- tended to statues of our Founders, like tell you, there is no such thing as a ies over the past few months. George Washington and Thomas Jeffer- Again, a national poll held that 58 routine anything in law enforcement. son. It also includes Mahatma Gandhi percent of registered voters agreed This is no exception. Officer and Ulysses S. Grant. Zarkeshan, a rookie, and Sergeant with Senator COTTON, but some report- It even includes historical items Craig Johnson had no way of knowing ers at the New York Times and the pro- from popular culture like ‘‘Gone with that the man they had just pulled over gressive mob didn’t. They raised such a the Wind’’—yes, ‘‘Gone with the Wind.’’ was armed. The man on the left is protest that the head of the editorial They wanted to do away with ‘‘Gone Craig Johnson. Both officers were shot page issued an apology, claiming that multiple times. Sergeant Johnson, who with the Wind.’’ The organization that it wasn’t to the standards of the Times, has two young sons, died. Officer has a program where, online, they can that it was too extreme. And that Zarkeshan, after enduring multiple dial up any movie that they want to wasn’t enough for the mob. He was surgeries, is blessed. He is now stable do, one of them is ‘‘Gone with the fired. and making good progress. Wind,’’ and they want to do it because Before the ‘‘cancel culture’’ mob goes ‘‘Protect and serve’’ isn’t just a of—they say—the culture. That hap- further still to embrace their Presi- phrase for the hundreds of thousands of pens to be the one that Hattie dential candidate—who has gone law enforcement officers around the McDaniel was the first Black American through enough twists and turns to country; it is a calling, a sacrifice for to win an Oscar for. make sure that he, too, conforms to them. Too often, officers have to sac- This is, again, what is going on right the progressive demands—we should all rifice their lives for their communities. now. Like so many American families, remember our Nation was founded on That is why, when liberal politicians I watch with shock and dismay as to liberty, and it will only endure with are tripping over themselves, trying as how many are setting aside critical true liberty. That means being willing hard as they can to demonize all police thinking in favor of an emotional mob to live together in the midst of all officers, I want to make it clear that that moves closer and closer to a total kinds of diversity, especially diversity some of us are standing up against Cultural Revolution takeover. of thought. defunding police and in favor of defend- Should we have expected anything So, as we began, we can’t forget what ing police. less from the Democratic Party as they this is all about: The terrorists ran, un- I will always stand with President continue to run toward socialism and checked, in Portland for 60 days. No Trump in defense of our good, honor- proudly embrace communist beliefs? one raced to stop them. Federal offi- able law enforcement officers. They Remember, we have seen this before. cials had to step in because the State will sacrifice anything for those of us Chairman Mao knew that, to fully seize and local governments wouldn’t allow here, and to not stand up and defend control and build a socialist country, their law enforcement to police the them is to dishonor them. he needed to destroy our ‘‘four olds″: riots. In Oregon, politicians are clamoring old ideas, old culture, old customs, and Scenes like we saw in Portland will to defend the terrorists who are trying old habits. The Communists in China not happen in Oklahoma, but they

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.063 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4724 CONGRESSIONAL RECORD — SENATE August 4, 2020 could happen in other cities where law- The PRESIDING OFFICER. Without where people needed him most. After 48 lessness is pervasive. Thankfully, we objection, it is so ordered. years, he will be retiring, and today, I have a President who stands up for law f lend my voice to the many who honor and order and for our law enforcers. him. Where would we be without our brave TRIBUTE TO EUGENE F. COYLE Tim dared to try out for the Univer- police and sheriffs? I hope we never Mr. THUNE. Mr. President, today I sity of Illinois’ football team as a find that out. wish to recognize and pay tribute to walk-on in 1967, even though he had not With that, Mr. President, I yield the Mr. Eugene F. Coyle, a patriot who played the sport at Leo High School in floor. served in the U.S. Army during the Ko- Chicago. However, he was so impressive I suggest the absence of a quorum. rean war. that he was given a full scholarship the The PRESIDING OFFICER (Mr. At the age of 23, Sergeant Eugene F. next year, playing strong safety for the LANKFORD). The clerk will call the roll. Coyle enlisted in the U.S. Army, just 3 Fighting Illini. Injuries cut his football The senior assistant legislative clerk months after the war started in Korea. career short, but he found himself on proceeded to call the roll. As a rifleman and machinegunner as- another career path, the Secret Serv- Mr. MCCONNELL. Mr. President, I signed to the 24st Infantry Division, ice. ask unanimous consent that the order 21st Regiment, 2nd Battalion, F Com- With a father who served in the Chi- for the quorum call be rescinded. pany, Eugene was quickly put into the cago Police Department as a sergeant, The PRESIDING OFFICER. Without fight, experiencing a number of combat law enforcement was a natural draw objection, it is so ordered. engagements with the enemy. for him. He started out as an investi- f One such engagement occurred in gator in the Chicago field office for the April 1951 near the Hwacheon Res- EXECUTIVE SESSION Secret Service in 1972. Tim moved to ervoir, South Korea, where Eugene ex- the Presidential protection division for hibited composure under fire. As squad President Jimmy Carter. EXECUTIVE CALENDAR leader, Eugene led an advance against On March 30, 1981, Tim was pro- the enemy until his position was hit by tecting President Ronald Reagan in Mr. MCCONNELL. Mr. President, I mortar fire. Despite sustaining injuries Washington. A coin toss with a fellow move to proceed to executive session to from the shelling, he continued to pro- agent put him into duty that fateful consider Calendar No. 645. vide covering fire for his unit. day. He remembers wearing a brandnew The PRESIDING OFFICER. The During another combat engagement blue-gray suit when John Hinckley, question is on agreeing to the motion. The motion was agreed to. in early July 1951, in the vicinity of Jr., stepped out from a crowd with a The PRESIDING OFFICER. The Sabanggo-ri, North Korea, an enemy handgun and attempted to kill the clerk will report the nomination. mortar round threw Eugene from his President. The senior assistant legislative clerk fighting position. Eugene, though in- In 1.7 seconds, John Hinckley, Jr., read the nomination of John Peter jured by shrapnel, would not leave the fired six bullets. The first bullet hit Cronan, of New York, to be United fight. He regained his footing and ran Press Secretary James Brady. The sec- States District Judge for the Southern to aid a severely injured soldier, get- ond hit Washington, DC, police officer District of New York. ting him to cover. Eugene was later Tom Delahanty. The third was set to sent to the hospital ship USS Repose hit President Reagan, but Tim, with CLOTURE MOTION for his own injuries. that extraordinary courage, stepped in Mr. MCCONNELL. Mr. President, I Eugene, deserving of commendation front of the President and took the bul- send a cloture motion to the desk. for his courage under fire, as well as for let in the chest. Another bullet rico- The PRESIDING OFFICER. The clo- his wounds resulting from close en- cheted, hitting the President under the ture motion having been presented gagement with enemy forces, would un- arm. Hinckley might have killed Presi- under rule XXII, the Chair directs the fortunately wait decades before the Na- dent Reagan, but that day, we were clerk to read the motion. tion properly recognized him for his lucky to have Tim McCarthy doing his The senior assistant legislative clerk service and sacrifice, even as he carried duty to protect the Gipper. read as follows: a piece of shrapnel embedded within Tim spent 2 weeks in the hospital CLOTURE MOTION his body for over 60 years. and was back on the job that June. He We, the undersigned Senators, in accord- On November 15, 2017, Eugene F. would never be able to do the 5 to 7- ance with the provisions of rule XXII of the Coyle was awarded the Purple Heart in mile runs he used to do, but he contin- Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- addition to the United Nations Service ued in the Secret Service. Tim received nation of John Peter Cronan, of New York, Medal, the National Defense Service the National Collegiate Athletic Asso- to be United States District Judge for the Medal, the Korean War Service Medal, ciation Award of Valor in 1982 for his Southern District of New York. and the Combat Infantry Badge. Like heroic deed. He remained in touch with Mitch McConnell, Richard C. Shelby, many veterans of his generation have President Reagan and his wife, Nancy, Lamar Alexander, Pat Roberts, Mike experienced, poor or lost records have for the rest of their lives. Tim also Crapo, Marsha Blackburn, David made it difficult to meet stringent ad- served in the Presidential protection Perdue, Kevin Cramer, John Cornyn, ministrative requirements for certain division for President George H.W. Shelley Moore Capito, John Thune, Cindy Hyde-Smith, Cory Gardner, Roy military awards. This challenge does Bush before returning to Chicago to Blunt, Martha McSally, John Barrasso, not diminish their courage, nor our run the Secret Service office there. John Boozman. gratitude, for their actions in defense In 1994, Tim accepted the position of the Orland Park police chief in Illinois. Mr. MCCONNELL. Mr. President, I of freedom. ask unanimous consent that the man- The gallantry of Eugene F. Coyle re- Often, police chiefs serve 3 to 5 years, datory quorum call be waived. minds us what we owe heroes like him but Tim stayed on for 26 years. He led The PRESIDING OFFICER. Without for the sacrifices, often unrecognized the development of new policing strat- objection, it is so ordered. and unrequited, that they have made. I egies, including bike patrol officers, am honored to pay tribute to Eugene cookouts with police, and community f F. Coyle and thank him for his exem- meetings with beat officers. Under his LEGISLATIVE SESSION plary service to our county. leadership, the police department f launched villagewide initiatives, addressing mental illness through a crisis MORNING BUSINESS TRIBUTE TO TIMOTHY MCCARTHY intervention team that focuses on re- Mr. MCCONNELL. Mr. President, I Mr. DURBIN. Mr. President, Timothy sponses to mental health-related inci- ask unanimous consent that the Sen- McCarthy has had an amazing career in dents. ate proceed to legislative session for a law enforcement where he was at the Tim was a hands-on leader, whether period of morning business, with Sen- right place when needed. Whether it it was back up for a search warrant or ators permitted to speak therein for up was protecting Presidents or his home- reporting a crime scene at early hours to 10 minutes each. town of Orland Park, Tim has been of the morning or packing sandbags

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.064 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4725 during a flood. In 2016, he received the testing supplies and protective equip- Early on, we knew simple acts like very first Chief of Police of the Year ment, but rather than implement the talking and even breathing caused air- Award from the Illinois Association of Defense Production Act and stock up borne transmission of the virus, espe- Chiefs of Police. on supplies, we saw little action from cially in confined areas like office This month, Tim is retiring to be the White House. buildings. with the center of his life his wife, I have been thinking back to the We also knew individuals who Carol, his three kids, and seven grand- early days of the pandemic. In March, weren’t showing symptoms could children. He has more than earned it. San Francisco’s Bay Area imposed the spread the virus to others because Tim McCarthy did more than make first significant stay-at-home order in symptoms don’t appear for 5 to 7 days. history in saving the life of President the country. California soon followed. And research continues to show Reagan. He has dedicated his life to It was criticized at the time as an masks are one of the best tools to slow making America a safer nation. We overreaction, but it succeeded in slow- the spread of the virus. Scientific mod- were fortunate to be blessed with his ing the rate of spread, and the death eling is clear: Masks prevent the spread courage and his amazing record of pub- toll remained lower than many other of the virus. lic service. large States. Soon, much of the coun- Yet even with this knowledge, we f try had similar orders in place. still continue to see a patchwork of In April and early May, there was a policies around the country. CORONAVIRUS sense of shared sacrifice. People stayed A national mask mandate would dra- Mrs. FEINSTEIN. Mr. President, I at home, schools closed, many lost matically reduce the spread of the rise today to speak about coronavirus, their jobs. Our way of life shifted in the virus, especially by those who don’t yet now clearly the worst pandemic in a most abrupt way since at least 9/11, if show symptoms. century. not World War 11. On July 14, the CDC called on all I will also speak briefly about the But the understanding was that we Americans to wear masks. CDC Direc- need for a national response plan that made these sacrifices because they tor Robert Redfield said if all Ameri- is guided by science and public health, would help control the virus. We would cans wore masks, the current surge in not politics. ‘‘bend the curve,’’ we would produce cases could be brought under control The first case of COVID–19 was re- sufficient protective gear, and we within 2 months. ported in the United States on January would make it safe for people to return Masks work. We need a national 20. In the intervening 6 months, we to their lives. mask mandate. The second step is a national pro- have seen cases climb, then fall, and The idea was that, by the end of sum- gram for testing. now surge once again. mer, life would return—if not back to Months into this pandemic, we con- More than 4 million Americans have normal, at least back to some version tinue to hear stories of people not able been infected with coronavirus. So far, of it. to receive a test. In some cases, my of- more than 155,000 have died. It is now almost August. The number fice has heard from people with fevers Every day for the last 4 months, I of new cases climbs each day. K–12 and coughing but are still told to stay have received an update from my staff schools have announced they will be on coronavirus numbers. home and not get tested. closed in the fall. Many colleges are Simply put, anyone who wants to be I have watched, day by day, the num- following suit. Job losses continue, tested should be, and the results should ber of positive cases climb. In Cali- with more than 30 million still receiv- be returned within 24 hours, not a week fornia right now, 30 of our 58 counties ing unemployment benefits. later. have had more than 1,000 positive Simply put, America failed the test Studies have found that if we only cases. of reopening. test individuals who show symptoms, it The numbers just go up and up and If we had responded like other coun- is too late to stop further trans- up. It becomes impossible to look at tries, with comprehensive national mission. the charts and graphs and not come to policies for mask use, avoiding crowds That means States and cities need the conclusion that we have to do and increasing testing capacity, we sufficient supplies to dramatically in- more—and maybe significantly more. could have been returning to normal crease testing. At this time, that is not Simply put, this is the worst pan- life right now. happening. demic in my lifetime. You have to go Instead, many cities and States are A national testing strategy would back more than 100 years to the Span- rolling back their reopening plans and help coordinate action and prevent ish flu epidemic to find something may have to reinstitute stay-at-home States from having to compete against comparable. orders to get the Nation back to where each other. But the unprecedented scale of this we were before Memorial Day. The third step, related to increased crisis is no excuse for our failure to re- President Trump last week said the testing, is ensuring we have enough spond more forcefully and in a nation- administration is ‘‘in the process of de- testing supplies and safety equipment ally coordinated manner. veloping a strategy’’ to fight for frontline workers. Once we realized the scale of the out- coronavirus. The President could quickly imple- break in the spring, both by the in- At some point, we will want to know ment the Defense Production Act. This creased cases at home, as well as moni- why it took 7 months for him to ac- law would allow the Federal Govern- toring stricken countries like Italy, it knowledge a national plan was nec- ment to address supply chain issues became clear that we needed strong essary. Right now, however, we need to and increase production and distribu- leadership from the top. focus on what that plan will entail. tion of testing supplies, medical equip- We didn’t get that. Just as importantly, we need to focus ment and personal protective equip- Instead, the White House and Presi- on who should have input into the te- ment. dent Trump blamed states for the lack nets of such a plan—in a word, ‘‘ex- This should have been done months of testing equipment, the hoarding of perts.’’ ago, but so far, the President has only sanitizing supplies and the absence of This is a challenge that requires the selectively used this tool. He should protective gear. combined minds of our best and bright- broaden its use immediately. In March, President Trump said, ‘‘I est, particularly public health and in- It is unconscionable that 6 months don’t take responsibility at all.’’ fectious disease experts. This is not an after this virus appeared on our shores, That is a direct quote from the Presi- arena for politics, period. essential workers around the country dent of the United States, in the midst So what do those public health ex- still lack personal protective equip- of a global pandemic with body counts perts propose? After reading material ment, not only doctors and nurses but rising around the country. We must do and listening to a range of opinions, grocery clerks, agricultural workers, better. there are five areas that appear to have public transportation operators, educa- More recently, during the renewed broad consensus: tor; and many others. surge in cases, we have seen a repeat of First, we need to ensure that masks These individuals are putting them- those problems. We know we need more are used everywhere. selves at risk to provide necessary

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.006 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4726 CONGRESSIONAL RECORD — SENATE August 4, 2020 services to the public, and they should Moreover, we are hurting our own Prescription and Medical Supply on have access to masks and other equip- economic recovery by taking aid from being selected as the Idaho Small Busi- ment to keep themselves safe. those who most need it, the very people ness of the Month for August 2020. You The fourth step is expanding contact who are most likely to spend it to sup- make our great State proud, and I look tracing, another area where we see a port the economy. forward to your continued growth and patchwork of policies across the coun- The Federal Government exists for a success.∑ try rather than a cohesive national ef- reason, and that is to help Americans f fort. do things they can’t do for themselves. To work, contact tracing must occur The same goes for States, which are re- MESSAGES FROM THE HOUSE immediately after an individual is sponsible and powerful but can’t do it ENROLLED BILLS SIGNED found to be infected. A team deter- on their own. At 11:16 a.m., a message from the mines everyone with whom an infected A global pandemic calls for a robust House of Representatives, delivered by individual had recent close contact and Federal response, which must entail a Mrs. Cole, one of its reading clerks, an- encourages them to get tested, self-iso- national response plan. And that plan nounced that the Speaker has signed late, and monitor their health. has to be based on science and on data, the following enrolled bills: Right now, on average, everyone who not politics. Thank you. S. 2163. An act to establish the Commission gets COVID passes it to more than one on the Social Status of Black Men and Boys, other person. In other words, the f to study and make recommendations to ad- spread is increasing, often by those ADDITIONAL STATEMENTS dress social problems affecting Black men who don’t know they have been ex- and boys, and for other purposes. posed. Contact tracing will help solve S. 3607. An act to extend public safety offi- that. RECOGNIZING MAAG PRESCRIP- cer death benefits to public safety officers The logistics, however, often aren’t TION AND MEDICAL SUPPLY whose death is caused by COVID–19, and for other purposes. feasible for local governments. That is ∑ Mr. RISCH. Mr. President, as a mem- S. 3637. An act to amend the why a Federal contact tracing pro- ber and former chairman of the Senate Servicemembers Civil Relief Act to extend gram, possibly using Peace Corps and Committee on Small Business and En- lease protections for servicemembers under AmeriCorps volunteers as has been sug- trepreneurship, each month, I recog- stop movement orders in response to local, gested, is so important. nize and celebrate the American entre- national, or global emergency, and for other Finally, the fifth area is the need for preneurial spirit by highlighting the purposes. a plan to manufacture and distribute a success of a small business in my home The enrolled bills were subsequently vaccine once it is developed. State of Idaho. Today I am pleased to signed by the President pro tempore A key component is determining pri- honor Maag Prescription and Medical (Mr. GRASSLEY). orities for vaccine distribution. Should Supply in Pocatello as the Idaho Small it go first to essential workers on the Business of the Month for August 2020 At 2:16 p.m., a message from the frontlines? Or should it go to people and congratulate them on 70 years of House of Representatives, delivered by most likely to get the virus, the vul- business. Mrs. Cole, one of its reading clerks, an- nerable populations, and those in hard- Maag Prescription and Medical Sup- nounced that the House has passed the hit areas? These aren’t easy questions, ply is an independent, locally owned following bill, in which it requests the and we should work on answers now. pharmacy which has been operated by concurrence of the Senate: We also need to handle the logistics the Maag family since 1950. Established H.R. 6395. An act to authorize appropria- involved to ensure rapid distribution of by Irvin and Genevieve Maag, the cou- tions for fiscal year 2021 for military activi- the vaccine nationwide. ple ran all aspects of the business and ties of the Department of Defense, for mili- These are obvious challenges, but quickly developed a reputation for pro- tary construction, and for defense activities they are also complex, and we need a viding exemplary service while meet- of the Department of Energy, to prescribe plan in place now, ahead of vaccine de- military personnel strengths for such fiscal ing the specific needs of their cus- year, and for other purposes. velopment, rather than waiting until a tomers. As the business flourished and vaccine is developed. ownership transitioned to their son and f In addition to those five health-re- daughter-in-law, Greg and Kathy Maag, ENROLLED BILLS PRESENTED lated planks, I also believe we need a a fire ravaged the facility in 1977. De- The Secretary of the Senate reported coordinated plan to help the small spite this obstacle, the Maags per- that on today, August 4, 2020, she had businesses and workers suffering dur- severed and built a new storefront, ex- presented to the President of the ing this time. panding it three times to accommodate United States the following enrolled One example is the Paycheck Protec- the business’s growth. Maag Prescrip- bills: tion Program that helped many small tion and Medical Supply’s resiliency businesses. The program provides for- S. 2163. An act to establish the Commission and service to the community has not on the Social Status of Black Men and Boys, givable loans if businesses use funds on gone unnoticed. For the past 2 years to study and make recommendations to ad- employee salaries and other necessities the business received the Idaho State dress social problems affecting Black men to remain afloat, which will allow Journal’s annual Reader’s Choice and boys, and for other purposes. them to quickly reopen when it is safe. Award. S. 3607. An act to extend public safety offi- Another example is the additional Today, Maag Prescription and Med- cer death benefits to public safety officers $600 in unemployment benefits in the ical Supply plays an important role whose death is caused by COVID–19, and for CARES Act. This assistance allows serving the community and providing other purposes. millions of families to pay rent, cover more than 20 jobs to Southeast Idaho S. 3637. An act to amend the Servicemembers Civil Relief Act to extend bills, buy food, and contribute to the in the midst of the COVID–19 pan- lease protections for servicemembers under economic recovery. Unfortunately, demic. The Maags have made it a pri- stop movement orders in response to a local, that vital aid has lapsed. ority to support their customers while national, or global emergency, and for other Since mid-March, more than 60 mil- maintaining customer and employee purposes. lion Americans have filed for unem- safety. Their business stands as a true f ployment benefits. Today, more than 30 testament to American industrious- million people continue to depend on ness, exemplifying one of our Nation’s EXECUTIVE AND OTHER these benefits. most treasured values. Now, in one of COMMUNICATIONS We can’t cut these lifelines until jobs the most economically uncertain The following communications were are available for those out of work. If times, their story reminds us of the im- laid before the Senate, together with the economy remains shuttered and we portance of commitment to our com- accompanying papers, reports, and doc- do nothing to help families and busi- munities and resilience in the face of uments, and were referred as indicated: nesses, we are telling millions of Amer- adversity. EC–5218. A communication from the Assist- icans that we don’t care they are hurt- Congratulations to Greg and Kathy ant Secretary for Legislation, Department of ing. Maag, and all of the employees of Maag Health and Human Services, transmitting,

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.024 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4727 pursuant to law, a report entitled ‘‘Report to EC–5227. A communication from the Direc- EC–5236. A communication from the Acting Congress on Nurse Education, Practice, tor, Office of Regulation Policy and Manage- Register of Copyrights and Director, United Quality and Retention Programs; Fiscal ment, Department of Veterans Affairs, trans- States Copyright Office, Library of Congress, Year 2019’’; to the Committee on Health, mitting, pursuant to law, the report of a rule transmitting, pursuant to law, a report rel- Education, Labor, and Pensions. entitled ‘‘Program of Comprehensive Assist- ative to the adjustment of timing provisions EC–5219. A communication from the Chief ance for Family Caregivers Improvements in the Copyright Act related to the declara- of the Regulatory Coordination Division, and Amendments under the VA Maintaining tion of the COVID–19 national emergency; to Citizenship and Immigration Services, De- Systems and Strengthening Integrated Out- the Committee on the Judiciary. partment of Homeland Security, transmit- side Networks (MISSION) Act of 2018’’ f ting, pursuant to law, the report of a rule en- (RIN2900–AQ48) received during adjournment titled ‘‘U.S. Citizenship and Immigration of the Senate in the Office of the President PETITIONS AND MEMORIALS Services Fee Schedule and Changes to Cer- of the Senate on July 31, 2020; to the Com- The following petition or memorial tain Other Immigration Benefit Request Re- mittee on Veterans’ Affairs. quirements’’ (RIN1615–AC18) received in the EC–5228. A communication from the Direc- was laid before the Senate and was re- Office of the President of the Senate on Au- tor of Legislative Affairs, Federal Deposit ferred or ordered to lie on the table as gust 3, 2020; to the Committee on the Judici- Insurance Corporation, transmitting, pursu- indicated: ary. ant to law, the report of a rule entitled POM–231. A petition from a citizen of the EC–5220. A communication from the Agen- ‘‘Final Rule - Margin and Capital Require- State of Texas relative to legislation man- cy Representative, Patent and Trademark ments for Covered Swap Entities’’ (RIN3064– dating transparency in prescription drug Office, Department of Commerce, transmit- AF55) received in the Office of the President production costs; to the Committee on ting, pursuant to law, the report of a rule en- of the Senate on July 21, 2020; to the Com- Health, Education, Labor, and Pensions. titled ‘‘Setting and Adjusting Patent Fees mittee on Agriculture, Nutrition, and For- f during Fiscal Year 2020’’ (RIN0651–AD31) re- estry. ceived during adjournment of the Senate in EC–5229. A communication from the Con- EXECUTIVE REPORTS OF the Office of the President of the Senate on gressional Assistant, Board of Governors of COMMITTEE July 31, 2020; to the Committee on the Judi- the Federal Reserve System, transmitting, ciary. pursuant to law, the report of a rule entitled The following executive reports of EC–5221. A communication from the Direc- ‘‘Interim Rule: Margin and Capital Require- nominations were submitted: tor, Office of Regulation Policy and Manage- ments for Covered Swap Entities’’ (RIN7100– By Mr. INHOFE for the Committee on ment, Department of Veterans Affairs, trans- AF92) received during adjournment of the Armed Services. mitting, pursuant to law, the report of a rule Senate in the Office of the President of the Marine Corps nomination of Col. Jason G. entitled ‘‘Home Visits in Program of Com- Senate on July 15, 2020; to the Committee on Woodworth, to be Brigadier General. prehensive Assistance for Family Caregivers Agriculture, Nutrition, and Forestry. *Army nomination of Lt. Gen. James H. During COVID–19 National Emergency’’ EC–5230. A communication from the Direc- Dickinson, to be General. (RIN2900–AQ96) received during adjournment tor of Legislative Affairs, Federal Deposit *Air Force nomination of Lt. Gen. Glen D. of the Senate in the Office of the President Insurance Corporation, transmitting, pursu- VanHerck, to be General. of the Senate on July 31, 2020; to the Com- ant to law, the report of a rule entitled Air Force nomination of Lt. Gen. Richard mittee on Veterans’ Affairs. ‘‘Final Rule—Margin and Capital Require- M. Clark, to be Lieutenant General. EC–5222. A communication from the Direc- ments for Covered Swap Entities’’ (RIN3064– Air Force nomination of Maj. Gen. Sam C. tor, Office of Regulation Policy and Manage- AF08) received during adjournment of the Barrett, to be Lieutenant General. ment, Department of Veterans Affairs, trans- Senate in the Office of the President of the Space Force nomination of Maj. Gen. Nina mitting, pursuant to law, the report of a rule Senate on July 15, 2020; to the Committee on M. Armagno, to be Major General. entitled ‘‘Extension of Veterans’ Group Life Agriculture, Nutrition, and Forestry. Space Force nomination of Maj. Gen. Wil- EC–5231. A communication from the Pro- Insurance Application Period in Response to liam J. Liquori, Jr., to be Major General. gram Specialist, Office of the Comptroller of the COVID–19 Public Health Emergency’’ Space Force nomination of Maj. Gen. Brad- the Currency, Department of the Treasury, (RIN2900–AQ98) received during adjournment ley C. Saltzman, to be Major General. transmitting, pursuant to law, the report of of the Senate in the Office of the President Space Force nomination of Maj. Gen. Ste- a rule entitled ‘‘Margin and Capital Require- of the Senate on July 31, 2020; to the Com- phen N. Whiting, to be Major General. ments for Covered Swap Entities’’ (RIN1557– mittee on Veterans’ Affairs. Space Force nomination of Maj. Gen. Nina AE98) received in the Office of the President EC–5223. A communication from the Direc- M. Armagno, to be Lieutenant General. of the Senate on July 21, 2020; to the Com- tor, Office of Regulation Policy and Manage- Space Force nomination of Maj. Gen. Wil- mittee on Agriculture, Nutrition, and For- ment, Department of Veterans Affairs, trans- liam J. Liquori, Jr., to be Lieutenant Gen- estry. eral. mitting, pursuant to law, the report of a rule EC–5232. A communication from the Pro- Space Force nomination of Maj. Gen. Brad- entitled ‘‘VA Acquisition Regulation: Ad- gram Specialist, Office of the Comptroller of ley C. Saltzman, to be Lieutenant General. ministrative and Information Matters; Pub- the Currency, Department of the Treasury, Space Force nomination of Maj. Gen. Ste- licizing Contract Actions; and Termination transmitting, pursuant to law, the report of phen N. Whiting, to be Lieutenant General. of Contracts’’ (RIN2900–AQ77) received dur- a rule entitled ‘‘Margin and Capital Require- ing adjournment of the Senate in the Office ments for Covered Swap Entities’’ (RIN1557– Mr. INHOFE. Mr. President, for the of the President of the Senate on July 31, AE69) received during adjournment of the Committee on Armed Services I report 2020; to the Committee on Veterans’ Affairs. Senate in the Office of the President of the EC–5224. A communication from the Direc- favorably the following nomination Senate on July 8, 2020; to the Committee on lists which were printed in the tor, Office of Regulation Policy and Manage- Agriculture, Nutrition, and Forestry. ment, Department of Veterans Affairs, trans- EC–5233. A communication from the Con- RECORDS on the dates indicated, and mitting, pursuant to law, the report of a rule gressional Assistant, Board of Governors of ask unanimous consent, to save the ex- entitled ‘‘Veterans Employment Pay for Suc- the Federal Reserve System, transmitting, pense of reprinting on the Executive cess Grant Program’’ (RIN2900–AP72) re- pursuant to law, the report of a rule entitled Calendar that these nominations lie at ceived during adjournment of the Senate in ‘‘Final Rule—Margin and Capital Require- the Secretary’s desk for the informa- the Office of the President of the Senate on ments for Covered Swap Entities’’ (RIN7100– tion of Senators. July 31, 2020; to the Committee on Veterans’ AF62) received during adjournment of the Affairs. The PRESIDING OFFICER. Without Senate in the Office of the President of the objection, it is so ordered. EC–5225. A communication from the Direc- Senate on July 15, 2020; to the Committee on tor, Office of Regulation Policy and Manage- Agriculture, Nutrition, and Forestry. Air Force nominations beginning with Vin- ment, Department of Veterans Affairs, trans- EC–5234. A communication from the Assist- cent W. Abruzzese and ending with Monica mitting, pursuant to law, the report of a rule ant Secretary for Legislation, Department of Sarai Zapater, which nominations were re- entitled ‘‘Informed Consent and Advance Di- Health and Human Services, transmitting, ceived by the Senate and appeared in the rectives’’ (RIN2900–AQ97) received during ad- pursuant to law, a report entitled ‘‘Reducing Congressional Record on May 4, 2020. journment of the Senate in the Office of the Barriers to Using Telehealth and Remote Pa- Air Force nomination of Peter B. French, President of the Senate on July 31, 2020; to tient Monitoring for Pediatric Populations to be Colonel. the Committee on Veterans’ Affairs. under Medicaid Final Report’’; to the Com- Air Force nomination of Laura A. King, to EC–5226. A communication from the Direc- mittee on Finance. be Colonel. tor, Office of Regulation Policy and Manage- EC–5235. A communication from the Assist- Air Force nomination of Ismael H. Soto ment, Department of Veterans Affairs, trans- ant Secretary for Legislation, Department of Rivas, to be Lieutenant Colonel. mitting, pursuant to law, the report of a rule Health and Human Services, transmitting, Army nomination of Benjamin J. Powell, entitled ‘‘Health Professional Scholarship pursuant to law, a report entitled ‘‘Report on to be Major. Program’’ (RIN2900–AQ62) received during Abuse-Deterrent Opioid Formulations and Army nomination of Alfredo Carinorivera, adjournment of the Senate in the Office of Access Barriers Under Medicare’’; to the to be Major. the President of the Senate on July 31, 2020; Committee on Health, Education, Labor, and Army nomination of Alexander V. to the Committee on Veterans’ Affairs. Pensions. Harlamor, to be Colonel.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.027 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4728 CONGRESSIONAL RECORD — SENATE August 4, 2020 Army nomination of Keith A. McGee, to be questionnaire forms of the Department of Health and Human Services with the author- Colonel. Veterans Affairs, and for other purposes; to ity to temporarily modify certain Medicare Army nomination of LeRoy Carr III, to be the Committee on Veterans’ Affairs. requirements for hospice care during the Colonel. By Ms. HASSAN (for herself and Mr. COVID public health emergency; to the Com- Army nomination of Cherryann M. Joseph, JOHNSON): mittee on Finance. to be Colonel. S. 4413. A bill to improve the response of By Mrs. LOEFFLER (for herself and Army nomination of William H. Putnam, the Department of Defense to threats to Mr. COTTON): to be Colonel. United States forces worldwide from small S. 4424. A bill to withhold a percentage of Army nomination of Dana M. Murphy, to unmanned aircraft systems; to the Com- Federal funding from State and local pros- be Major. mittee on Armed Services. ecutors who fail to faithfully prosecute * Nomination was reported with rec- By Mr. JONES (for himself, Mr. GARD- crimes related to protests and riots; to the Committee on the Judiciary. ommendation that it be confirmed sub- NER, and Mr. BROWN): S. 4414. A bill to amend the Internal Rev- By Mrs. LOEFFLER: ject to the nominee’s commitment to enue Code of 1986 to establish qualified down S. 4425. A bill to amend title 18, United respond to requests to appear and tes- payment savings program; to the Committee States Code, to create a Federal crime of de- tify before any duly constituted com- on Finance. struction of property and looting of certain mittee of the Senate. By Mr. BLUMENTHAL (for himself and commercial entities; to the Committee on (Nominations without an asterisk Ms. BALDWIN): the Judiciary. were reported with the recommenda- S. 4415. A bill to provide health care and By Mr. MURPHY (for himself and Mr. PERDUE): tion that they be confirmed.) benefits to veterans who were exposed to toxic substances while serving as members of S. 4426. A bill to establish an Office of Sub- f the Armed Forces at Karshi Khanabad Air national Diplomacy within the Department Base, Uzbekistan, and for other purposes; to of State, and for other purposes; to the Com- INTRODUCTION OF BILLS AND mittee on Foreign Relations. JOINT RESOLUTIONS the Committee on Veterans’ Affairs. By Ms. CORTEZ MASTO: By Ms. HASSAN (for herself, Mr. The following bills and joint resolu- S. 4416. A bill to provide funding for the As- BRAUN, and Ms. MURKOWSKI): tions were introduced, read the first sistant Secretary for Mental Health and Sub- S. 4427. A bill to provide for transparency stance Use to award grants for the purpose of in emergency use authorization of vaccine and second times by unanimous con- products, and for other purposes; to the Com- sent, and referred as indicated: supporting virtual peer behavioral health support services, and for other purposes; to mittee on Health, Education, Labor, and By Mr. UDALL (for himself, Ms. WAR- the Committee on Health, Education, Labor, Pensions. REN, Mr. BOOKER, and Mr. SANDERS): and Pensions. By Mr. PORTMAN (for himself, Mr. S. 4406. A bill to amend the Federal Insec- By Ms. HIRONO (for herself, Mrs. UDALL, Mr. BURR, Mr. SCHATZ, and ticide, Fungicide, and Rodenticide Act to GILLIBRAND, Ms. SMITH, Ms. BALDWIN, Mr. WHITEHOUSE): fully protect the safety of children and the S. 4428. A bill to reauthorize the Tropical Mr. HEINRICH, Ms. HARRIS, Ms. KLO- environment, to remove dangerous pesticides Forest and Coral Reef Conservation Act of BUCHAR, and Mr. UDALL): from use, and for other purposes; to the Com- S. 4417. A bill to provide temporary impact 1998; to the Committee on Foreign Relations. mittee on Agriculture, Nutrition, and For- aid construction grants to eligible local edu- By Mrs. BLACKBURN (for herself, Ms. estry. cational agencies, and for other purposes; to BALDWIN, and Mrs. FEINSTEIN): S. 4429. A bill to direct the Secretary of De- By Mr. DURBIN (for himself and Ms. the Committee on Health, Education, Labor, fense to conduct a study regarding toxic ex- DUCKWORTH): and Pensions. posure by members of the Armed Forces de- S. 4407. A bill to amend the Carl D. Perkins By Mr. MURPHY: ployed to Karshi Khanabad Air Base, Uzbek- Career and Technical Education Act of 2006 S. 4418. A bill to amend chapter 83 of title istan, to include such members in the open to give the Department of Education the au- 41, United States Code (popularly referred to burn pit registry, and for other purposes; to thority to award competitive grants to eligi- as the Buy American Act) and certain other the Committee on Veterans’ Affairs. ble entities to establish, expand, or support laws with respect to certain waivers under By Mr. SCHATZ (for himself, Ms. school-based mentoring programs to assist those laws, to provide greater transparency BALDWIN, Mr. VAN HOLLEN, Mrs. at-risk students in middle school and high regarding exceptions to domestic sourcing GILLIBRAND, Mr. WYDEN, Ms. WAR- school in developing cognitive and social- requirements, and for other purposes; to the REN, Mrs. FEINSTEIN, Mr. emotional skills to prepare them for success Committee on Homeland Security and Gov- BLUMENTHAL, Mr. SANDERS, Mr. HEIN- in high school, postsecondary education, and ernmental Affairs. RICH, and Mr. MERKLEY): the workforce; to the Committee on Health, By Mr. ROUNDS (for himself, Mr. CAS- Education, Labor, and Pensions. S. 4430. A bill to amend the Community SIDY, and Mrs. BLACKBURN): Development Banking and Financial Institu- By Ms. HASSAN (for herself, Mr. S. 4419. A bill to amend title 38, United tions Act of 1994 to establish a CDFI Na- YOUNG, and Ms. CORTEZ MASTO): States Code, to direct the Secretary of Vet- S. 4408. A bill to amend the Internal Rev- tional Crisis Fund, and for other purposes; to erans Affairs to provide outer burial recep- the Committee on Banking, Housing, and enue Code of 1986 to expand and modify em- tacles for each new grave in cemeteries that ployer educational assistance programs, and Urban Affairs. are the subjects of certain grants made by By Mrs. FEINSTEIN (for herself and for other purposes; to the Committee on Fi- the Secretary of Veterans Affairs, and for nance. Mr. DAINES): other purposes; to the Committee on Vet- S. 4431. A bill to increase wildfire prepared- By Mr. DURBIN: erans’ Affairs. ness and response throughout the United S. 4409. A bill to designate the facility of By Mr. ROUNDS (for himself, Mr. CAS- States, and for other purposes; to the Com- the United States Postal Service located at SIDY, and Mrs. BLACKBURN): mittee on Energy and Natural Resources. 303 East Mississippi Avenue in Elwood, Illi- S. 4420. A bill to amend title 38, United By Mr. PAUL: nois, as the ‘‘Lawrence M. ‘Larry’ Walsh Sr. States Code, to authorize the Secretary of S. 4432. A bill to allow Federal funds appro- Post Office’’; to the Committee on Homeland Veterans Affairs to pay costs relating to the priated for kindergarten through grade 12 Security and Governmental Affairs. transportation of certain deceased veterans education to follow the student; to the Com- By Mr. SCOTT of South Carolina (for to certain State and tribal veterans’ ceme- mittee on Health, Education, Labor, and himself and Mr. CARDIN): teries, and for other purposes; to the Com- Pensions. S. 4410. A bill to amend the Public Health mittee on Veterans’ Affairs. By Mr. CORNYN (for himself and Mr. Service Act to provide for racial and ethnic By Mr. MURPHY (for himself and Mr. KAINE): approaches to community health; to the BLUNT): S. 4433. A bill to authorize the National Committee on Health, Education, Labor, and S. 4421. A bill to provide temporary licens- Medal of Honor Museum Foundation to es- Pensions. ing reciprocity for telehealth and interstate tablish a commemorative work in the Dis- By Mr. GRAHAM (for himself, Mr. health care treatment; to the Committee on trict of Columbia and its environs, and for WARNER, and Mr. SCOTT of South Health, Education, Labor, and Pensions. other purposes; to the Committee on Agri- Carolina): By Mr. WICKER (for himself and Mr. culture, Nutrition, and Forestry. S. 4411. A bill to amend the Communica- SCOTT of South Carolina): By Mr. WYDEN (for himself and Mr. tions Act of 1934 to establish in the Federal S. 4422. A bill to establish the Office of Mi- BOOKER): Communications Commission the Broadband nority Broadband Initiatives within the Na- S. 4434. A bill to carry out a Civilian Con- Development Grant Program; to the Com- tional Telecommunications and Information servation Corps program, provide supple- mittee on Commerce, Science, and Transpor- Administration, and for other purposes; to mental appropriations for certain conserva- tation. the Committee on Commerce, Science, and tion activities, to provide for increased re- By Mr. TESTER (for himself and Mr. Transportation. forestation across the United States, to pro- ROUNDS): By Mr. BROWN (for himself and Mrs. vide incentives for agricultural producers to S. 4412. A bill to amend title 38, United CAPITO): carry out climate stewardship practices, and States Code, to improve the ability of vet- S. 4423. A bill to amend title XI of the So- for other purposes; to the Committee on Ag- erans to access and submit disability benefit cial Security Act to provide the Secretary of riculture, Nutrition, and Forestry.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.021 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4729 By Mr. MANCHIN (for himself and Mr. Senator from Kansas (Mr. MORAN), the LOEFFLER) was added as a cosponsor of PETERS): Senator from Texas (Mr. CORNYN) and S. 2339, a bill to amend the Higher Edu- S. 4435. A bill to prohibit the closure of the Senator from North Dakota (Mr. cation Act of 1965 to provide for accred- postal facilities during the COVID–19 public HOEVEN) were added as cosponsors of S. itation reform, to require institutions health emergency; to the Committee on Homeland Security and Governmental Af- 892, a bill to award a Congressional of higher education to publish informa- fairs. Gold Medal, collectively, to the women tion regarding student success, to pro- By Mr. YOUNG (for himself and Ms. in the United States who joined the vide for fiscal accountability, and to HASSAN): workforce during World War II, pro- provide for school accountability for S. 4436. A bill to provide a tax credit for viding the aircraft, vehicles, weaponry, student loans. employers that provide remote work equip- ammunition, and other materials to S. 2548 ment and services to their employees, and win the war, that were referred to as for other purposes; to the Committee on Fi- At the request of Mr. CASEY, the nance. ‘‘Rosie the Riveter’’, in recognition of name of the Senator from New Jersey By Ms. SMITH (for herself and Ms. their contributions to the United (Mr. MENENDEZ) was added as a cospon- KLOBUCHAR): States and the inspiration they have sor of S. 2548, a bill to amend the Ele- S. 4437. A bill to clarify the eligibility of provided to ensuing generations. mentary and Secondary Education Act high school students to receive Pandemic S. 1193 of 1965 to address and take action to Unemployment Compensation, and for other At the request of Mr. MANCHIN, the prevent bullying and harassment of purposes; to the Committee on Finance. name of the Senator from Pennsyl- students. By Mr. DURBIN (for himself, Ms. WAR- REN, Mr. SANDERS, Mr. MERKLEY, Ms. vania (Mr. CASEY) was added as a co- S. 3190 HIRONO, Mr. MARKEY, Mr. VAN HOL- sponsor of S. 1193, a bill to amend the At the request of Mr. DURBIN, the LEN, and Mr. BLUMENTHAL): Surface Mining Control and Reclama- name of the Senator from Colorado S.J. Res. 75. A joint resolution proposing tion Act of 1977 to extend the period (Mr. BENNET) was added as a cosponsor an amendment to the Constitution of the during which certain reclamation fees of S. 3190, a bill to authorize dedicated United States relative to the fundamental are required to be paid. right to vote; to the Committee on the Judi- domestic terrorism offices within the ciary. S. 1764 Department of Homeland Security, the At the request of Ms. DUCKWORTH, Department of Justice, and the Federal f the name of the Senator from Min- Bureau of Investigation to analyze and SUBMISSION OF CONCURRENT AND nesota (Ms. KLOBUCHAR) was added as a monitor domestic terrorist activity SENATE RESOLUTIONS cosponsor of S. 1764, a bill to amend the and require the Federal Government to The following concurrent resolutions Communications Act of 1934 to require take steps to prevent domestic ter- and Senate resolutions were read, and the Federal Communications Commis- rorism. referred (or acted upon), as indicated: sion to ensure just and reasonable S. 3206 By Mr. CASSIDY (for himself and Mr. charges for telephone and advanced At the request of Mr. CASEY, the RUBIO): communications services in the correc- names of the Senator from Ohio (Mr. S. Res. 666. A resolution honoring the tional and detention facilities. BROWN), the Senator from Massachu- faithful and unwavering service of Civil Air S. 1802 setts (Mr. MARKEY) and the Senator Transport and Air America to the United At the request of Mr. KAINE, the from Maryland (Mr. VAN HOLLEN) were States; to the Select Committee on Intel- ligence. name of the Senator from Nevada (Ms. added as cosponsors of S. 3206, a bill to CORTEZ MASTO) was added as a cospon- amend the Help America Vote Act of f sor of S. 1802, a bill to provide a work 2002 to increase voting accessibility for ADDITIONAL COSPONSORS opportunity tax credit for military individuals with disabilities and older S. 514 spouses and to provide for flexible individuals, and for other purposes. At the request of Mr. TESTER, the spending arrangements for childcare S. 3233 name of the Senator from West Vir- services for military families. At the request of Mr. MENENDEZ, the ginia (Mr. MANCHIN) was added as a co- S. 2226 name of the Senator from Alaska (Ms. sponsor of S. 514, a bill to amend title At the request of Ms. KLOBUCHAR, the MURKOWSKI) was added as a cosponsor 38, United States Code, to improve the name of the Senator from California of S. 3233, a bill to amend title XVIII of benefits and services provided by the (Ms. HARRIS) was added as a cosponsor the Social Security Act to improve ac- Department of Veterans Affairs to of S. 2226, a bill to require States to cess to skilled nursing facility services women veterans, and for other pur- carry out congressional redistricting in for hemophilia patients. poses. accordance with plans developed and S. 3235 S. 624 enacted into law by independent redis- At the request of Ms. MCSALLY, the At the request of Ms. KLOBUCHAR, the tricting commissions, and for other name of the Senator from Georgia name of the Senator from California purposes. (Mrs. LOEFFLER) was added as a cospon- (Ms. HARRIS) was added as a cosponsor S. 2233 sor of S. 3235, a bill to direct the Sec- of S. 624, a bill to amend the Help At the request of Mr. UDALL, his retary of Veterans Affairs to conduct a America Vote Act of 2002 to require name was added as a cosponsor of S. pilot program on posttraumatic States to provide for same day reg- 2233, a bill to nullify the effect of the growth, and for other purposes. istration. recent executive order that requires S. 3369 S. 695 Federal agencies to share citizenship At the request of Ms. HASSAN, the At the request of Mr. SASSE, the data. names of the Senator from Iowa (Ms. name of the Senator from Georgia S. 2330 ERNST) and the Senator from Pennsyl- (Mrs. LOEFFLER) was added as a cospon- At the request of Mr. MORAN, the vania (Mr. CASEY) were added as co- sor of S. 695, a bill to amend the Ele- name of the Senator from Utah (Mr. sponsors of S. 3369, a bill to require the mentary and Secondary Education Act ROMNEY) was added as a cosponsor of S. Office of Management and Budget to of 1965 to allow parents of eligible mili- 2330, a bill to amend the Ted Stevens revise the Standard Occupational Clas- tary dependent children to establish Olympic and Amateur Sports Act to sification system to establish a sepa- Military Education Savings Accounts, provide for congressional oversight of rate code for direct support profes- and for other purposes. the board of directors of the United sionals, and for other purposes. S. 892 States Olympic and Paralympic Com- S. 3391 At the request of Mr. CASEY, the mittee and to protect amateur athletes At the request of Mr. KAINE, his names of the Senator from Oregon (Mr. from emotional, physical, and sexual name was added as a cosponsor of S. MERKLEY), the Senator from New York abuse, and for other purposes. 3391, a bill to direct the Secretary of (Mrs. GILLIBRAND), the Senator from S. 2339 Transportation to carry out an active Minnesota (Ms. SMITH), the Senator At the request of Mr. LEE, the name transportation investment program to from California (Mrs. FEINSTEIN), the of the Senator from Georgia (Mrs. make grants to eligible applicants to

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.014 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4730 CONGRESSIONAL RECORD — SENATE August 4, 2020 build safe and connected options for bi- S. 3748 Federal employees and have COVID–19 cycles and walkers within and between At the request of Mr. CORNYN, the contracted that disease while in the communities, and for other purposes. name of the Senator from Pennsyl- performance of their official duties, S. 3490 vania (Mr. CASEY) was added as a co- and for other purposes. At the request of Ms. MURKOWSKI, the sponsor of S. 3748, a bill to award a S. 3964 name of the Senator from Oregon (Mr. Congressional Gold Medal to the At the request of Mr. COONS, the MERKLEY) was added as a cosponsor of United States Army Dust Off crews of names of the Senator from Illinois (Mr. S. 3490, a bill for the relief of Rebecca the Vietnam War, collectively, in rec- DURBIN) and the Senator from Missouri Trimble. ognition of their extraordinary her- (Mr. BLUNT) were added as cosponsors S. 3544 oism and life-saving actions in Viet- of S. 3964, a bill to amend the national At the request of Mr. CASEY, the nam. service laws to prioritize national serv- name of the Senator from Washington S. 3763 ice programs and projects that are di- (Ms. CANTWELL) was added as a cospon- At the request of Mr. CASEY, the rectly related to the response to and sor of S. 3544, a bill to assist older name of the Senator from Connecticut recovery from the COVID–19 public Americans and people with disabilities (Mr. BLUMENTHAL) was added as a co- health emergency, and for other pur- affected by COVID–19. sponsor of S. 3763, a bill to establish poses. S. 4017 S. 3612 the Pandemic Responder Service At the request of Mr. HOEVEN, the At the request of Mr. CORNYN, the Award program to express our grati- name of the Senator from Arizona (Ms. tude to front-line health care workers. name of the Senator from Tennessee (Mrs. BLACKBURN) was added as a co- SINEMA) was added as a cosponsor of S. S. 3768 3612, a bill to clarify for purposes of the At the request of Mr. CASEY, the sponsor of S. 4017, a bill to extend the Internal Revenue Code of 1986 that re- name of the Senator from Washington period for obligations or expenditures ceipt of coronavirus assistance does (Ms. CANTWELL) was added as a cospon- for amounts obligated for the National not affect the tax treatment of ordi- sor of S. 3768, a bill to protect older Disaster Resilience competition. nary business expenses. adults and people with disabilities liv- S. 4032 At the request of Mr. LANKFORD, the S. 3672 ing in nursing homes, intermediate name of the Senator from Tennessee At the request of Mr. WYDEN, the care facilities, and psychiatric hos- (Mrs. BLACKBURN) was added as a co- name of the Senator from Wisconsin pitals from COVID–19. sponsor of S. 4032, a bill to amend the (Ms. BALDWIN) was added as a cospon- S. 3806 Internal Revenue Code of 1986 to allow sor of S. 3672, a bill to provide States At the request of Mrs. HYDE-SMITH, above-the-line deductions for chari- and Indian Tribes with flexibility in the names of the Senator from Mary- table contributions for individuals not administering the temporary assist- land (Mr. CARDIN) and the Senator from itemizing deductions. ance for needy families program due to New Hampshire (Ms. HASSAN) were S. 4061 the public health emergency with re- added as cosponsors of S. 3806, a bill to At the request of Mr. CORNYN, the spect to the Coronavirus Disease waive cost share requirements for cer- names of the Senator from Louisiana (COVID–19), to make emergency grants tain Federal assistance provided under (Mr. CASSIDY) and the Senator from to States and Indian Tribes to provide the Robert T. Stafford Disaster Relief California (Ms. HARRIS) were added as financial support for low-income indi- and Emergency Assistance Act. cosponsors of S. 4061, a bill to provide viduals affected by that public health S. 3814 emergency nutrition assistance to emergency, and for other purposes. At the request of Mr. BENNET, the States, and for other purposes. S. 3693 name of the Senator from Massachu- S. 4075 At the request of Mr. GRASSLEY, the setts (Mr. MARKEY) was added as a co- At the request of Mrs. CAPITO, the sponsor of S. 3814, a bill to establish a name of the Senator from Louisiana names of the Senator from Oregon (Mr. (Mr. KENNEDY) was added as a cospon- loan program for businesses affected by MERKLEY) and the Senator from Iowa sor of S. 3693, a bill to amend the Agri- COVID–19 and to extend the loan for- (Ms. ERNST) were added as cosponsors giveness period for paycheck protec- cultural Marketing Act of 1946 to foster of S. 4075, a bill to amend the Public tion program loans made to the hard- efficient markets and increase com- Works and Economic Development Act est hit businesses, and for other pur- petition and transparency among pack- of 1965 to provide for the release of cer- poses. ers that purchase livestock from pro- tain Federal interests in connection ducers. S. 3896 with certain grants under that Act, and S. 3703 At the request of Mr. CARPER, the for other purposes. At the request of Ms. COLLINS, the name of the Senator from Oregon (Mr. S. 4117 name of the Senator from Oklahoma MERKLEY) was added as a cosponsor of At the request of Mr. CRAMER, the (Mr. INHOFE) was added as a cosponsor S. 3896, a bill to amend title 5, United name of the Senator from Oklahoma of S. 3703, a bill to amend the Elder States Code, to require the Director of (Mr. LANKFORD) was added as a cospon- Abuse Prevention and Prosecution Act the Office of Personnel Management to sor of S. 4117, a bill to provide auto- to improve the prevention of elder establish and maintain a public direc- matic forgiveness for paycheck protec- abuse and exploitation of individuals tory of the individuals occupying Gov- tion program loans under $150,000, and with Alzheimer’s disease and related ernment policy and supporting posi- for other purposes. dementias. tions, and for other purposes. S. 4150 S. 3704 S. 3900 At the request of Mr. REED, the name At the request of Mr. WICKER, the At the request of Ms. ROSEN, the of the Senator from New York (Mrs. name of the Senator from Nevada (Ms. name of the Senator from Alabama GILLIBRAND) was added as a cosponsor ROSEN) was added as a cosponsor of S. (Mr. JONES) was added as a cosponsor of S. 4150, a bill to require the Sec- 3704, a bill to amend the Scientific and of S. 3900, a bill to direct the Secretary retary of the Treasury to provide as- Advanced-Technology Act of 1992 to of Defense to carry out a grant pro- sistance to certain providers of trans- further support advanced technological gram to support science, technology, portation services affected by the novel manufacturing, and for other purposes. engineering, and mathematics edu- coronavirus. S. 3705 cation in the Junior Reserve Officers’ S. 4152 At the request of Mr. WARNER, the Training Corps and for other purposes. At the request of Mr. HOEVEN, the name of the Senator from Alabama S. 3910 names of the Senator from Montana (Mr. JONES) was added as a cosponsor At the request of Mr. MANCHIN, the (Mr. DAINES) and the Senator from of S. 3705, a bill to establish a private- name of the Senator from Oregon (Mr. South Carolina (Mr. SCOTT) were added public partnership to preserve jobs in MERKLEY) was added as a cosponsor of as cosponsors of S. 4152, a bill to pro- the aviation manufacturing industry, S. 3910, a bill to establish a presump- vide for the adjustment or modifica- and for other purposes. tion that certain firefighters who are tion by the Secretary of Agriculture of

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.016 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4731 loans for critical rural utility service the availability, development, and pro- Res. 663, a resolution supporting mask- providers, and for other purposes. duction of domestic resources to meet wearing as an important measure to S. 4156 national personal protective equipment limit the spread of the Coronavirus At the request of Mr. INHOFE, the and material needs, and ensure Amer- Disease 2019 (COVID–19). name of the Senator from Indiana (Mr. ican leadership in advanced research f and development and semiconductor BRAUN) was added as a cosponsor of S. STATEMENTS ON INTRODUCED manufacturing. 4156, a bill to require the Secretary of BILLS AND JOINT RESOLUTIONS Agriculture to provide relief from S. 4340 hardship due to the COVID–19 pan- At the request of Mr. CRUZ, the name By Mr. DURBIN (for himself and demic to agricultural producers, and of the Senator from Utah (Mr. LEE) was Ms. DUCKWORTH): for other purposes. added as a cosponsor of S. 4340, a bill to S. 4407. A bill to amend the Carl D. Perkins Career and Technical Edu- S. 4177 ensure that a State or local jurisdic- cation Act of 2006 to give the Depart- At the request of Mr. MENENDEZ, the tion is ineligible to receive or use funds ment of Education the authority to names of the Senator from Nevada (Ms. allocated, appropriated, or authorized award competitive grants to eligible CORTEZ MASTO) and the Senator from to address COVID–19 if that State or entities to establish, expand, or sup- Oregon (Mr. MERKLEY) were added as jurisdiction discriminates against reli- port school-based mentoring programs cosponsors of S. 4177, a bill to authorize gious individuals or religious institu- to assist at-risk students in middle supplemental funding for supportive tions, and for other purposes. school and high school in developing housing for the elderly, and for other S. 4345 cognitive and social-emotional skills purposes. At the request of Mr. CRUZ, the name to prepare them for success in high S. 4235 of the Senator from Arizona (Ms. school, postsecondary education, and At the request of Mr. TILLIS, the MCSALLY) was added as a cosponsor of the workforce; to the Committee on name of the Senator from North Da- S. 4345, a bill to amend section 212 of Health, Education, Labor, and Pen- kota (Mr. CRAMER) was added as a co- the Immigration and Nationality Act sions. sponsor of S. 4235, a bill to amend the to ensure that efforts to engage in espi- Mr. DURBIN. Mr. President, I ask Defense Production Act of 1950 to in- onage or technology transfer are con- unanimous consent that the text of the clude the Secretary of Agriculture as a sidered in visa issuance, and for other bill be printed in the RECORD. member of the Committee on Foreign purposes. There being no objection, the text of Investment in the United States, and S. 4371 the bill was ordered to be printed in for other purposes. At the request of Ms. SMITH, the the RECORD, as follows: S. 4258 name of the Senator from Maryland S. 4407 At the request of Mr. CORNYN, the (Mr. VAN HOLLEN) was added as a co- Be it enacted by the Senate and House of Rep- names of the Senator from North Caro- sponsor of S. 4371, a bill to amend the resentatives of the United States of America in lina (Mr. TILLIS), the Senator from Internal Revenue Code of 1986 to re- Congress assembled, Minnesota (Ms. SMITH), the Senator quire employers to cash out the flexi- SECTION 1. SHORT TITLE. from Massachusetts (Mr. MARKEY) and ble spending accounts of employees This Act may be cited as the ‘‘Mentoring to Succeed Act of 2020’’. the Senator from Missouri (Mr. BLUNT) who separate from employment, and were added as cosponsors of S. 4258, a for other purposes. SEC. 2. PURPOSE. The purpose of this Act is to make assist- bill to establish a grant program for S. 4372 ance available for school-based mentoring small live venue operators and talent At the request of Ms. SMITH, the programs for at-risk students in order to— representatives. name of the Senator from Maryland (1) establish, expand, or support school- S. 4285 (Mr. VAN HOLLEN) was added as a co- based mentoring programs; At the request of Ms. COLLINS, the sponsor of S. 4372, a bill to provide for (2) assist at-risk students in middle school name of the Senator from Alaska (Ms. unused benefits in a dependent care and high school in developing cognitive and social-emotional skills; and MURKOWSKI) was added as a cosponsor FSA to be carried over from 2020 to (3) prepare such at-risk students for suc- of S. 4285, a bill to establish a pilot pro- 2021, to provide for benefits to be cess in high school, postsecondary education, gram through which the Institute of accessed after termination of employ- and the workforce. Museum and Library Services shall al- ment, and for other purposes. SEC. 3. SCHOOL-BASED MENTORING PROGRAM. locate funds to States for the provision S. 4393 Part C of title I of the Carl D. Perkins Ca- of Internet-connected devices to librar- At the request of Mrs. BLACKBURN, reer and Technical Education Act of 2006 (20 ies. her name was added as a cosponsor of U.S.C. 2351 et seq.) is amended by adding at the end the following: S. 4299 S. 4393, a bill to improve the provision ‘‘SEC. 136. DISTRIBUTION OF FUNDS FOR At the request of Ms. CORTEZ MASTO, of health care and other benefits from SCHOOL-BASED MENTORING PRO- the name of the Senator from Arizona the Department of Veterans Affairs for GRAMS. (Ms. SINEMA) was added as a cosponsor veterans who were exposed to toxic ‘‘(a) DEFINITIONS.—In this section: of S. 4299, a bill to provide grants for substances, and for other purposes. ‘‘(1) AT-RISK STUDENT.—The term ‘at-risk tourism and events support and pro- S. RES. 624 student’ means a student who— ‘‘(A) is failing academically or at risk of motion in areas affected by the At the request of Mr. COONS, the Coronavirus Disease 2019 (COVID–19), dropping out of school; names of the Senator from New Hamp- ‘‘(B) is pregnant or a parent; and for other purposes. shire (Mrs. SHAHEEN) and the Senator ‘‘(C) is a gang member; S. 4308 from Colorado (Mr. GARDNER) were ‘‘(D) is a child or youth in foster care or a At the request of Ms. SINEMA, the added as cosponsors of S. Res. 624, a youth who has been emancipated from foster name of the Senator from Oregon (Mr. resolution expressing the sense of the care, but is still enrolled in high school; WYDEN) was added as a cosponsor of S. Senate that the activities of Russian ‘‘(E) is or has recently been a homeless 4308, a bill to amend the Social Secu- national Yevgeniy Prigozhin and his child or youth; rity Act to include special districts in affiliated entities pose a threat to the ‘‘(F) is chronically absent; ‘‘(G) has changed schools 3 or more times the coronavirus relief fund, to direct national interest and national security in the past 6 months; the Secretary to include special dis- of the United States. ‘‘(H) has come in contact with the juvenile tricts as an eligible issuer under the S. RES. 663 justice system in the past; Municipal Liquidity Facility, and for At the request of Mr. TOOMEY, the ‘‘(I) has a history of multiple suspensions other purposes. names of the Senator from Tennessee or disciplinary actions; ‘‘(J) is an English learner; S. 4324 (Mrs. BLACKBURN), the Senator from ‘‘(K) has one or both parents incarcerated; At the request of Mr. GRAHAM, the West Virginia (Mrs. CAPITO), the Sen- ‘‘(L) has experienced one or more adverse name of the Senator from West Vir- ator from New Mexico (Mr. HEINRICH) childhood experiences, traumatic events, or ginia (Mrs. CAPITO) was added as a co- and the Senator from Montana (Mr. toxic stressors, as assessed through an evi- sponsor of S. 4324, a bill to facilitate TESTER) were added as cosponsors of S. dence-based screening;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.018 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4732 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(M) lives in a high-poverty area with a ‘‘(F) reduce dropout rates and absenteeism ‘‘(D) provide inclusive and accessible youth high rate of community violence; and improve school engagement of at-risk engagement activities, such as— ‘‘(N) has a disability; or students and their families; ‘‘(i) enrichment field trips to cultural des- ‘‘(O) shows signs of alcohol or drug misuse ‘‘(G) reduce juvenile justice involvement of tinations; and or abuse or has a parent or guardian who is at-risk students; ‘‘(ii) career awareness activities, including struggling with substance abuse. ‘‘(H) develop the cognitive and social-emo- job site visits, informational interviews, re- ‘‘(2) DISABILITY.—The term ‘disability’ has tional skills of at-risk students; sume writing, interview preparation, and the meaning given the term for purposes of ‘‘(I) develop the workforce readiness skills networking; and section 602(3) of the Individuals with Disabil- of at-risk students by exploring paths to em- ‘‘(iii) academic or postsecondary education ities Education Act (20 U.S.C. 1401(3)). ployment, including encouraging students preparation activities, including trade or vo- ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible with disabilities to explore transition serv- cational school visits, visits to institutions entity’— ices; of higher education, and assistance in apply- ‘‘(A) means a high-need local educational ‘‘(J) encourage at-risk students to partici- ing to institutions of higher education; and agency, high-need school, or local govern- pate in community service activities; and ‘‘(E) conduct program evaluation, includ- ment entity; and ‘‘(K) encourage at-risk students to set ing by acquiring and analyzing the data de- ‘‘(B) may include a partnership between an goals and plan for their futures, including scribed under paragraph (6). entity described in subparagraph (A) and a encouraging such students to make plans ‘‘(6) REPORTING REQUIREMENTS.— nonprofit, community-based, or faith-based and identify goals for postsecondary edu- ‘‘(A) IN GENERAL.—Not later than 6 months organization, or institution of higher education and the workforce. after the end of each academic year during cation. ‘‘(2) DURATION.—The Secretary shall award the grant period, an eligible entity receiving ‘‘(4) ENGLISH LEARNER.—The term ‘English grants under this section for a period not to a grant under this section shall submit to learner’ has the meaning given the term in exceed 5 years. the Secretary a report that includes— section 8101 of the Elementary and Sec- ‘‘(3) APPLICATION.—To receive a grant ‘‘(i) the number of students who partici- ondary Education Act of 1965 (20 U.S.C. 7801). under this section, an eligible entity shall pated in the school-based mentoring program ‘‘(5) FOSTER CARE.—The term ‘foster care’ submit to the Secretary an application that that was funded in whole or in part with the has the meaning given the term in section includes— grant funds; 1355.20 of title 45, Code of Federal Regula- ‘‘(A) a needs assessment that includes ‘‘(ii) data on the academic achievement, tions. baseline data on the measures described in dropout rates, truancy, absenteeism, out- ‘‘(6) HIGH-NEED LOCAL EDUCATIONAL AGEN- paragraph (6)(A)(ii); and comes of arrests for violent crime, summer CY.—The term ‘high-need local educational ‘‘(B) a plan to meet the requirements of employment, and postsecondary education agency’ means a local educational agency paragraph (1). enrollment of students in the program; that serves at least one high-need school. ‘‘(4) PRIORITY.—In selecting grant recipi- ‘‘(iii) the number of group sessions and ‘‘(7) HIGH-NEED SCHOOL.—The term ‘high- ents, the Secretary shall give priority to ap- number of one-to-one contacts between stu- need school’ has the meaning given the term plicants that— dents in the program and their mentors; in section 2211(b) of the Elementary and Sec- ‘‘(A) serve children and youth with the ‘‘(iv) the average attendance of students ondary Education Act of 1965 (20 U.S.C. greatest need living in high-poverty, high- enrolled in the program; 6631(b)). crime areas, rural areas, or who attend ‘‘(v) the number of students with disabil- ‘‘(8) HOMELESS CHILDREN AND YOUTHS.—The schools with high rates of community vio- ities connected to transition services; term ‘homeless children and youths’ has the lence; ‘‘(vi) data on social-emotional development meaning given the term in section 725 of the ‘‘(B) provide at-risk students with opportu- of students as assessed with a validated so- McKinney-Vento Homeless Assistance Act nities for postsecondary education prepara- cial-emotional assessment tool; and (42 U.S.C. 11434a). tion and career development, including— ‘‘(vii) any other information that the Sec- ‘‘(9) SCHOOL-BASED MENTORING.—The term ‘‘(i) job training, professional development, retary may require to evaluate the success of ‘school-based mentoring’ means a struc- work shadowing, internships, networking, the school-based mentoring program. tured, managed, evidenced-based program resume writing and review, interview prepa- ‘‘(B) STUDENT PRIVACY.—An eligible entity conducted in partnership with teachers, ad- ration, transition services for students with shall ensure that the report submitted under ministrators, school psychologists, school disabilities, application assistance and visits subparagraph (A) is prepared in a manner social workers or counselors, and other to institutions of higher education, and lead- that protects the privacy rights of each stu- school staff, in which at-risk students are ership development through community dent in accordance with section 444 of the appropriately matched with screened and service; and General Education Provisions Act (com- trained professional or volunteer mentors ‘‘(ii) partnerships with the private sector monly referred to as the ‘Family Edu- who provide guidance, support, and encour- and local businesses to provide internship cational Rights and Privacy Act of 1974’) (20 agement, involving meetings, group-based and career exploration activities and re- U.S.C. 1232g). sessions, and educational and workforce-resources; and ‘‘(7) MENTORING RESOURCES AND COMMUNITY lated activities on a regular basis to prepare ‘‘(C) seek to provide match lengths be- SERVICE COORDINATION.— at-risk students for success in high school, tween at-risk students and mentors for at ‘‘(A) BEST PRACTICES.—The Secretary shall postsecondary education, and the workforce. least 1 academic year. work with the Office of Juvenile Justice and ‘‘(b) SCHOOL-BASED MENTORING COMPETI- ‘‘(5) USE OF FUNDS.—An eligible entity that Delinquency Prevention to— TIVE GRANT PROGRAM.— receives a grant under this section may use ‘‘(i) refer grantees under this section to the ‘‘(1) IN GENERAL.—The Secretary shall such funds to— National Mentoring Resource Center to ob- award grants on a competitive basis to eligi- ‘‘(A) develop and carry out regular training tain resources on best practices and research ble entities to establish, expand, or support for mentors, including on— related to mentoring and to request no-cost school-based mentoring programs that— ‘‘(i) the impact of adverse childhood expe- training and technical assistance; and ‘‘(A) are designed to assist at-risk students riences; ‘‘(ii) provide grantees under this section in high-need schools in developing cognitive ‘‘(ii) trauma-informed practices and inter- with information to promote positive youth skills and promoting social-emotional learn- ventions; development, including transitional services ing to prepare them for success in high ‘‘(iii) supporting homeless children and for at-risk students returning from correc- school, postsecondary education, and the youths; tional facilities, and transition services for workforce by linking them with mentors ‘‘(iv) supporting children and youth in fos- students with disabilities. who— ter care or youth who have been emanci- ‘‘(B) TECHNICAL ASSISTANCE.—The Sec- ‘‘(i) have received mentor training, includ- pated from foster care, but are still enrolled retary shall coordinate with the Corporation ing on trauma-informed practices, youth en- in high school; for National and Community Service, includ- gagement, cultural competency, and social- ‘‘(v) cultural competency; ing through entering into an interagency emotional learning; and ‘‘(vi) meeting all appropriate privacy and agreement or a memorandum of under- ‘‘(ii) have been screened using appropriate confidentiality requirements for students, standing, to provide technical assistance and reference checks and criminal background including students in foster care; other resources to support grantees under checks; ‘‘(vii) working in coordination with a pub- this section as they provide mentoring and ‘‘(B) provide coaching and technical assist- lic school system; community service-related activities for at- ance to mentors in each such mentoring pro- ‘‘(viii) positive youth development and en- risk students. gram; gagement practices; and ‘‘(c) AUTHORIZATION OF FUNDS.—There are ‘‘(C) provide at-risk students with a posi- ‘‘(ix) disability inclusion practices to en- authorized to be appropriated to carry out tive relationship with a skilled adult offer- sure access and participation by students this section such sums as may be necessary ing support and guidance; with disabilities; for each of fiscal years 2020 through 2025.’’. ‘‘(D) improve the academic achievement of ‘‘(B) recruit, screen, match, and train men- SEC. 4. INSTITUTE OF EDUCATION SCIENCES at-risk students; tors; STUDY ON SCHOOL-BASED MEN- ‘‘(E) foster positive relationships between ‘‘(C) hire staff to perform or support the TORING PROGRAMS. at-risk students and their peers, teachers, objectives of the school-based mentoring (a) IN GENERAL.—The Secretary of Edu- other adults, and family members; program; cation, acting through the Director of the

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.022 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4733 Institute of Education Sciences, shall con- tory: nearly 2 million acres burned in views regarding the installation of fuel duct a study to— our State, displacing hundreds of thou- breaks near existing roads, trails, (1) identify successful school-based men- sands and leading to billions of dollars transmission lines and pipelines, and toring programs and effective strategies for of damage. would include a technical fix to ensure administering and monitoring such pro- that the Forest Service consults with grams; These problems will only grow worse (2) evaluate the role of mentors in pro- as temperatures continue to rise as a the Fish and Wildlife Service when new moting cognitive development and social- result of climate change. But we can’t public peer-reviewed research dem- emotional learning to enhance academic simply wait for the world to roll back onstrates potential harm to threatened achievement and to improve workforce read- emissions to address our wildfire prob- or endangered species. The bill would iness; and lem. Preparing for these challenges also codify an existing administrative (3) evaluate the effectiveness of the grant will require an all-of-the-above ap- practice that allows the Forest Service program under section 136 of the Carl D. Per- proach utilizing the latest science, to expedite hazardous fuel removal kins Career and Technical Education Act of projects in emergency situations where 2006, as added by section 3, on student aca- even if some solutions aren’t politically popular. it is immediately necessary to protect demic outcomes and youth career develop- life, property, or natural and cultural ment. There are more than 150 million dead (b) TIMING.—Not later than 3 years after trees in California’s forests, the result resources. the date of enactment of this Act, the Sec- of both the historic drought and bark The bill also makes important retary of Education, acting through the Di- beetle populations that are thriving as changes to stimulate the private mar- rector of the Institute of Education Sciences, temperatures warm. A single spark in ket for low-value timber that poses a shall submit the results of the study to the the middle of those dead trees can lead wildfire danger. The bill would estab- appropriate congressional committees. to an inferno. And while 60 percent of lish a new $100 million biomass infrastructure program to provide grant By Mrs. FEINSTEIN (for herself the forestland in California is owned by the Federal Government, fires don’t funding to build biomass facilities near and Mr. DAINES): forests that are at risk of wildfire and S. 4431. A bill to increase wildfire pre- stop at the borders between federal, to offset the cost of transporting dead paredness and response throughout the state, and private land, so any action must be coordinated. and dying trees out of high-hazard fire United States, and for other purposes; zones. The bill would also lift the cur- to the Committee on Energy and Nat- I have joined California leaders and environmentalists in opposing the rent export ban on unprocessed timber ural Resources. from federal lands in the west for trees Mrs. FEINSTEIN. Mr. President. I wholesale clearing of forests. There is a that are dead, dying, or if there is no rise to speak in support of the bipar- growing consensus around what appro- demand in the United States. These tisan Emergency Wildfire and Public priate forest management actions con- measures are necessary to ensure that Safety Act of 2020, a bill that Senator sist of, and I am encouraged by cooper- we can mitigate wildfire in a commer- DAINES and I are introducing today to ative efforts such as the Tahoe-Central cially viable way, and not just through protect our constituents from the in- Sierra Initiative. We can and should increase the use of continued government funding. creasing threat of catastrophic In terms of utilizing the latest firebreaks to stop massive wildfires wildfires. science and techniques, the bill would from spreading into communities, and As a result of climate change, Cali- also expedite permitting for the instal- we can identify landscapes that are fornia and other Western States are ex- lation of wildfire detection equipment periencing a growing crisis. Over my 27 overgrown and restore resilience to our such as sensors, cameras, and other rel- years in the Senate, I have witnessed forests. But we must do it in a smart evant equipment and expand the use of dozens of massive wildfires. But the and sustainable way. satellite data to assist wildfire re- We should also continue to expand level of destruction we have seen in response. The bill would also establish a commercial markets for timber and cent years and the transformation of new prescribed fire center to coordi- wildfire from a seasonal phenomenon wood products. Biomass energy genera- nate research and training of foresters into a year-round threat require bold, tion would not only help remove over- and forest managers in the latest new action. Our bill would do just that growth from the forests but would also methods and innovations in prescribed by giving Federal, State, and local gov- provide energy for California homes fire practices to reduce the likelihood ernments new tools to better manage and businesses. of catastrophic fires and improve the wildfires and protect communities. We should increase our use of ad- health of forests. While California has always had dan- vanced detection systems to identify Given the generational shortage of gerous wildfires, the particularly dev- outbreaks sooner, and invest in safer workers in the forest management astating fires in 2017 and 2018 were a power transmission lines and other field, the bill would authorize a new wake-up call and a harsh example of methods to harden infrastructure. workforce development program to as- the consequences of inaction on cli- While California has requirements for sist in developing a career training mate change. The latest National Cli- defensible space around at-risk homes, pipeline for forestry workers. mate Assessment found that, over the incentives should be provided for Lastly, the bill would creating more past three decades, the number of acres homeowners to use fire-safe building resilient communities and energy grids burned in the Western United States is materials. The Federal Government by expanding the Energy Department’s double what would have burned if the should also increase support for out- weatherization program to allow for climate weren’t changing. Nowhere is reach efforts, so that risks and mitiga- the retrofit of homes to make them this being felt more than in California. tion strategies are communicated to more resilient to wildfire through the The 2018 Camp Fire killed 86 people vulnerable individuals and commu- use of fire-resistant building materials in town of Paradise and destroyed nities. and other methods, and by establishing 15,000 homes. That fire spread as fast as This is why I am introducing The a new $100 million grant program to 80 acres a minute according to some es- Emergency Wildfire and Public Safety help critical facilities like hospitals timates. After the 2017 Tubbs Fire, I Act of 2020. Our bill would protect com- and police stations become more en- visited the Coffey Park subdivision of munities by reducing wildfire risk in ergy efficient and better adapted to Santa Rosa, which was destroyed when Federal forests, getting the private sec- function during power shutoffs. The wildfire swept through Napa and tor more involved in addressing wild- new program would also provide fund- Sonoma. The devastation was unlike fire risk, improving best practices for ing for the expanded use of distributed anything I have ever seen. addressing wildfire, and creating more energy systems, including microgrids. According to California Department resilient communities and energy Finally, the bill would allow FEMA of Forestry and Fire Protection statis- grids. hazard mitigation funding to be used tics, 10 of the 20 most destructive The bill would authorize the Forest for the installation of fire-resistant wildfires in California state history Service to undertake three priority wires and infrastructure as well as for have occurred in just the last 5 years wildfire mitigation projects that would the undergrounding of wires. and 2018 was the most destructive wild- be limited to 75,000 acres in size, would It is important to be realistic about fire season in recorded California his- allow for expedited environmental re- the threat we face. There have always

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.022 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4734 CONGRESSIONAL RECORD — SENATE August 4, 2020 been wildfires in the West, and there through their legislatures, were pass- President Trump has packed the Fed- always will be. But we must face the ing laws—what I considered burden- eral courts with partisan, rightwing reality that climate change and rising some laws, such as reducing opportuni- judges, including several with appall- temperatures will mean more risk of ties for early voting. Why were they ing records on voting rights. wildfires. We can and should prepare making it harder to vote in Ohio and And though the Supreme Court con- for this future beginning today. That is Florida? tinues to state that the right to vote is why we have introduced this new bill, In both States I asked witnesses, both ‘‘fundamental’’ and ‘‘preservative and I urge my colleagues to take it up under oath, what evidence of wide- of other basic civil and political and pass it as soon as possible. spread voter fraud prompted these laws rights,’’ the Court has also continued that made it more difficult for people to permit broad assaults on America’s By Mr. DURBIN (for himself, Ms. to vote and limited the time when they access to the ballot box. WARREN, Mr. SANDERS, Mr. could vote. The answer was simple. Let me give you an example. In MERKLEY, Ms. HIRONO, Mr. Under oath, what was the evidence of April, the Court forced thousands of MARKEY, Mr. VAN HOLLEN, and fraud? There was no evidence of fraud. Wisconsin primary voters in April of Mr. BLUMENTHAL): It turned out that there were a hand- this year to choose between their S.J. Res. 75. A joint resolution pro- ful of election fraud cases here and health and exercising their right to posing an amendment to the Constitu- there, rarely prosecuted, and that is it. vote in the middle of a COVID–19 pan- tion of the United States relative to In contrast to the mere specter of demic. The Court refused to extend the the fundamental right to vote; to the widespread voter fraud, we learned that deadline for returning absentee ballots, Committee on the Judiciary. these voter suppression laws really had despite the public health national Mr. DURBIN. Mr. President, in the consequences. We heard over and over emergency we face. days since we lost our colleague Con- that restrictive voting laws have a dis- A State official in Wisconsin recently gressman JOHN LEWIS, many of us have proportionate impact on whom? Low said that at least 71 people were income to the floor to talk about his ex- income voters, Black voters, Brown fected with COVID–19 after voting in traordinary courage and tenacity. voters, young voters, elderly, vulner- person or working at the polls during At the age of 25—25—he joined 600 able voting populations. that primary election. civil rights activists to march across When you make it harder to vote, it In June, the Supreme Court turned the Edmund Pettus Bridge in Selma, is tougher for these people to show up down a request to reinstate a Texas district court judge’s order which AL, in pursuit of the right to vote. We and vote. Someone knew that. have talked about how that day be- After the hearings, we learned more would have ensured that all voters in came known as Bloody Sunday, after about the real reason behind those the State could ask to vote by mail, in John and the other courageous march- laws. According to news reports, Re- light of the pandemic. And just last month, the same Court ers were met with brutal beatings from publican consultants and former offi- refused to lift a stay in Florida that Alabama State troopers, and how, in cials admitted after the 2012 election will prevent hundreds of thousands of the days that followed, President Lyn- that the Florida law discussed at my otherwise eligible Floridians from vot- don B. Johnson called on Congress to hearing was literally designed to sup- ing in this month’s primary election, pass the Voting Rights Act. press the vote, particularly among simply because they can’t pay the fines It was 55 years ago this week that those leaning toward the Democratic and fees imposed on them long ago as President Johnson sat at a desk in the column. President’s Room right off this Cham- part of a criminal sentence. A year later, the Supreme Court an- What did Justice Sotomayor say in ber, a room that we walk by many nounced its decision in Shelby County times each week, and signed the Voting her dissent about this Florida case? v. Holder. In a 5-to-4 vote, the divided ‘‘This court’s inaction continues a Rights Act into law. He noted at the Court struck down the provisions of signing ceremony: trend of condoning disfranchisement.’’ the Voting Rights Act that required Well, it is time for this to end. I am [L]ast March, with the outrage of Selma certain jurisdictions to preclear any introducing today a joint resolution. I still fresh, I came down to this Capitol one changes in their voting laws with the evening and asked Congress and the people don’t do this lightly. Department of Justice. In the time that I have served in Con- for swift and for sweeping action to guar- The decision effectively gutted the antee to every man and woman the right to gress, I believe that this is only the vote. In less than 48 hours, I sent the Voting Voting Rights Act of 1965, and in the second time that I have proposed an Rights Act of 1965 to Congress. In little more aftermath, several State legislatures amendment to this Constitution. than 4 months the Congress, with over- pushed through discriminatory restric- I believe, at least personally, that I whelming majorities, enacted one of the tions on voting that previously would am humbled by this document. I know most monumental laws in the history of have required approval by the Justice it was far from perfect when written. American freedom. Department ahead of time. We have learned that over the years Those were the words of Lyndon As an example, in North Carolina the with all the amendments and the his- Johnson. He signed the Voting Rights legislature enacted a massive voter tory that has followed. But I have Act in 1965. suppression bill, including a strict never thought myself worthy to add Well, we have made significant photo ID requirement, early voting words to that document. One other progress since that day, thanks to cutbacks, and the elimination of same- time, on abolishing the electoral col- great men like John Lewis, who day registration, out-of-precinct vot- lege, I had a bipartisan measure that I marched to enact the Voting Rights ing, and preregistration for teenagers offered. But this is only the second Act, and the advocates and litigators who were about to turn 18 before an time I have done it. who battled for decades to enforce it. election. This joint resolution would create But there is a grim reality. Insidious What did a three-judge Federal panel and enshrine an explicit, individual voter suppression efforts still continue have to say about this North Carolina right to vote in the U.S. Constitution, in America today. These efforts may law? They said ‘‘it targeted African and protect all Americans who seek to not seem as obvious as the old-school Americans with almost surgical preci- exercise this fundamental right. poll taxes and literacy tests. But make sion’’ and ‘‘enacted the law with dis- Specifically, the amendment would no mistake. They are aimed at denying criminatory intent.’’ provide an affirmative right to vote for the fundamental right to vote, and all Those are unequivocal words. Despite every American citizen of legal voting too often they are successful. all the press releases to the contrary, age at any public election held in the When I was chairman of the Judici- the Court knew exactly what was going jurisdiction in which they reside. ary Subcommittee on the Constitution, on in North Carolina. They were trying It would also require that any efforts Civil Rights, and Human Rights, I de- to stop African-American voters in to limit the fundamental right to vote cided to travel to the States of Florida that State from being counted. would be subject to the strictest level and Ohio for public hearings to speak Unfortunately, litigation targeting of review in the courts. to officials and experts on the ground these voter suppression efforts has Additionally, it would ensure that and to determine why those States, faced an increasingly uphill battle, as States could no longer rely on section

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.026 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4735 2 of the 14th Amendment to prevent cluding an old friend, Jessie Jackson, with a view to the elimination of every negro Americans from voting due to an ear- who for years has called for this voter who can be gotten rid of, legally, with- lier criminal conviction. amendment to be introduced in the out materially impairing the numerical Finally, the amendment would pro- Senate. strength of the white electorate.’’ vide that Congress has the irrefutable I want to thank Reverend Jackson Unapologetic, straight in his re- authority to protect the right to vote for his timeless leadership and advo- marks, his racism was rampant, and so through legislation. cacy. I am grateful to have the support it was across the country. If ratified, this constitutional amend- of the Rainbow/Push Coalition as we Black lives matter. America matters. ment would protect against nefarious introduce this amendment, along with And our democracy matters. Once and for all, the right to vote should be en- election administration changes that the Advancement Project national of- shrined in our Constitution. People lead to long lines and people beating on fice. Let me thank Senators WARREN, died for it. It is time for us to work doors, trying to get in to vote. These SANDERS, MERKLEY, HIRONO, MARKEY, long lines have reduced voter turnout hard to show that we care. VAN HOLLEN, and BLUMENTHAL for co- Mr. President, I ask unanimous con- on election day. How in the world can sponsoring, and I hope others will join sent that the text of the bill be printed we be a stronger nation if fewer people us. in the RECORD. participate in the most important part By accident, I was given a book sev- There being no objection, the text of of democracy? eral years ago entitled ‘‘White Rage,’’ the bill was ordered to be printed in It would protect against photo iden- written by Carol Anderson. Carol An- the RECORD, as follows: tification requirements that dispropor- derson is a professor at Emory Univer- S.J. RES. 75 tionately harm low-income voters and sity. The book was given to me by my Resolved by the Senate and House of Rep- African Americans and Hispanics. brother-in-law, and I was skeptical resentatives of the United States of America in Black lives matter. Brown lives mat- that I would even read it, let alone like Congress assembled (two-thirds of each House ter. American lives matter. And when it. Well, I have to state that I have concurring therein), That the following article it comes to voting, this insidious effort read it and recommended it over and is proposed as an amendment to the Con- to undermine the opportunity for these over to my colleagues in the Senate, stitution of the United States, which shall be people to vote has to be called out for including giving a copy to then Senate valid to all intents and purposes as part of what it is. the Constitution when ratified by the legis- Majority Leader Harry Reid. He de- latures of three-fourths of the several States: It would also provide a path to end cided, after reading the book, that it ‘‘ARTICLE— discriminatory criminal was so good that he invited Professor disfranchisement laws that are a relic ‘‘SECTION 1. Every citizen of the United Carol Anderson to come speak to our States, who is of legal voting age, shall have of the Jim Crow era and yet continue caucus. She is an amazing person and a the fundamental right to vote in any public to strip millions of citizens of their great historian. election held in the jurisdiction in which the fundamental right to participate in our She followed ‘‘White Rage’’ with this citizen resides. democracy. book, ‘‘One Person, No Vote.’’ In it she ‘‘SECTION 2. The fundamental right of citi- Some may ask why we should pursue tells the history of voter suppression. zens of the United States to vote shall not be this amendment, when there are clear- It is an eye-opener. denied or abridged by the United States or by any State or political subdivision within er, perhaps easier, steps that Congress After the Civil War and all those can take right now to protect voting a State unless such denial or abridgment is deaths to end slavery, after the assas- in furtherance of a compelling governmental rights under its existing constitutional sination of Lincoln and after the effort interest and is the least restrictive means of authority. was made to finally give to Blacks in furthering that compelling governmental in- Let me give you an example. The the South a chance to become full- terest. Senate can quickly pass the JOHN fledged citizens, they ran into Jim ‘‘SECTION 3. The portion of section 2 of the LEWIS Voting Rights Act amendment, Crow laws. fourteenth article of amendment to the Con- stitution of the United States that consists which the House passed last year, but She talks about something which I that would rely on the decision by Sen- of the phrase ‘or other crime,’ is repealed. had heard of but knew little about. I ‘‘SECTION 4. The Congress shall have the ator MCCONNELL to actually let the would like to say a word from the power to enforce this article and protect Senate vote on a measure coming over book. against any denial or abridgement of the from the House. There is little hope The question is about the efforts fundamental right to vote by legislation.’’. that is going to happen. made to suppress the Black vote in the f Given the ongoing ruthless assault South, and she writes: SUBMITTED RESOLUTIONS on voting rights in America, it is clear That became most apparent in 1890 when that additional tools are necessary to the Magnolia State passed the Mississippi push back against widespread voter Plan, a dizzying array of poll taxes, literacy SENATE RESOLUTION 666—HON- suppression. I recognize that amending tests, understanding clauses, newfangled ORING THE FAITHFUL AND UN- the Constitution is no small matter. I voter registration rules, and ‘‘good char- WAVERING SERVICE OF CIVIL am well aware that introducing this acter’’ clauses—all intentionally racially discriminatory but dressed up in the genteel AIR TRANSPORT AND AIR AMER- amendment today is not going to lead ICA TO THE UNITED STATES to any immediate change, but I also be- garb of bringing ‘‘integrity’’ to the voting booth. This feigned legal innocence was leg- Mr. CASSIDY (for himself and Mr. lieve that this moment represents the islative evil genius. RUBIO) submitted the following resolu- next step in a movement—a movement Virginia representative Carter Glass, like tion; which was referred to the Select in America that will ultimately lead to so many others, swooned at the thought of Committee on Intelligence: a ratification of this amendment. bringing the Mississippi Plan to his own I am going to work with my col- state [of Virginia], especially after he saw S. RES. 666 leagues and constituents to build sup- how well it had worked. He rushed to cham- Whereas, over the course of 4 decades, the port. I will ask opponents as to why pion a bill in the legislature that would courage, dedication to duty, superior airmanship, and sacrifice of the men and they believe that fundamental right, ‘‘eliminate the darkey as a political factor . . . in less than five years.’’ Glass, whom women of Civil Air Transport and Air Amer- preservative of all other rights in President Franklin Roosevelt would one day ica set high standards for future covert air America, should not be affirmatively describe as an ‘‘unreconstructed rebel,’’ operations; granted to the American people and lit- planned not to ‘‘deprive a single white man Whereas, during the Cold War, aircrews erally enshrined in the United States of the ballot, but [to] inevitably cut from the and ground personnel of Civil Air Transport Constitution—the right to vote. I plan existing electorate four-fifths of the Negro and Air America gave selflessly in service to to work with grassroots organizations voters’’ in Virginia. the worldwide battle against communist op- who are fighting for their voting rights One delegate questioned him: ‘‘Will it not pression; be done by fraud and discrimination?’’ Whereas, across multiple active military to be restored. ‘‘By fraud, no. By discrimination, yes,’’ theaters from the Far East to Southeast I am going to work with Representa- Glass retorted. ‘‘Discrimination! Why, that Asia, the legendary men and women of Civil tive MARK POCAN of Wisconsin, who has is precisely what we propose . . . to discrimi- Air Transport and Air America served hero- led this effort in the House, and I plan nate to the very extremity . . . permissible ically, and many of those men and women to work with civil rights leaders, in- . . . under . . . the Federal Constitution, gave their lives in the defense of freedom;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G04AU6.051 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4736 CONGRESSIONAL RECORD — SENATE August 4, 2020 Whereas, often at great personal risk of mitted an amendment intended to be pro- SA 2533. Mr. ALEXANDER submitted an enemy ground fire and possible capture, Air posed to amendment SA 2499 proposed by Mr. amendment intended to be proposed to America acted quickly and decisively to con- MCCONNELL to the bill S. 178, supra; which amendment SA 2499 proposed by Mr. MCCON- duct search and rescue operations to recover was ordered to lie on the table. NELL to the bill S. 178, supra; which was or- downed aviators in trouble, always fully em- SA 2516. Ms. MCSALLY submitted an dered to lie on the table. bodying the ‘‘Airman’s Creed’’; and amendment intended to be proposed by her SA 2534. Mr. ALEXANDER submitted an Whereas the individuals of Air America to the bill S. 178, supra; which was ordered to amendment intended to be proposed to performed these search and rescue oper- lie on the table. amendment SA 2499 proposed by Mr. MCCON- ations despite often outdated equipment, SA 2517. Ms. MCSALLY submitted an NELL to the bill S. 178, supra; which was or- hazardous terrain, dangerous weather, and amendment intended to be proposed to dered to lie on the table. the bureaucracy of their own governments: amendment SA 2499 proposed by Mr. MCCON- SA 2535. Mrs. CAPITO (for herself and Ms. Now, therefore, be it NELL to the bill S. 178, supra; which was or- COLLINS) submitted an amendment intended Resolved, That the Senate— dered to lie on the table. to be proposed to amendment SA 2499 pro- (1) recognizes the skill, bravery and loy- SA 2518. Mr. BLUNT (for himself, Mrs. CAP- posed by Mr. MCCONNELL to the bill S. 178, alty of veterans of Civil Air Transport and ITO, and Mrs. HYDE-SMITH) submitted an supra; which was ordered to lie on the table. Air America; and amendment intended to be proposed by him SA 2536. Mrs. CAPITO (for herself and Ms. (2) honors the sacrifices of veterans of Civil to the bill S. 178, supra; which was ordered to COLLINS) submitted an amendment intended Air Transport and Air America to defend lie on the table. to be proposed by her to the bill S. 178, supra; freedom and protect the United States. SA 2519. Mr. BLUNT (for himself and Mr. which was ordered to lie on the table. SA 2537. Mr. DAINES submitted an amend- f DAINES) submitted an amendment intended to be proposed by him to the bill S. 178, ment intended to be proposed to amendment AMENDMENTS SUBMITTED AND supra; which was ordered to lie on the table. SA 2499 proposed by Mr. MCCONNELL to the PROPOSED SA 2520. Mr. BLUNT (for himself and Mr. bill S. 178, supra; which was ordered to lie on ALEXANDER) submitted an amendment in- the table. SA 2505. Mr. RUBIO (for himself and Ms. tended to be proposed by him to the bill S. SA 2538. Mr. GRAHAM submitted an COLLINS) submitted an amendment intended 178, supra; which was ordered to lie on the amendment intended to be proposed to to be proposed to amendment SA 2499 pro- table. amendment SA 2499 proposed by Mr. MCCON- posed by Mr. MCCONNELL to the bill S. 178, to SA 2521. Mr. BLUNT submitted an amend- NELL to the bill S. 178, supra; which was or- condemn gross human rights violations of ment intended to be proposed to amendment dered to lie on the table. ethnic Turkic Muslims in Xinjiang, and call- SA 2499 proposed by Mr. MCCONNELL to the SA 2539. Mr. GRAHAM submitted an ing for an end to arbitrary detention, tor- bill S. 178, supra; which was ordered to lie on amendment intended to be proposed to ture, and harassment of these communities the table. amendment SA 2499 proposed by Mr. MCCON- inside and outside China; which was ordered SA 2522. Mr. BLUNT (for himself, Mrs. CAP- NELL to the bill S. 178, supra; which was or- to lie on the table. ITO, and Mrs. HYDE-SMITH) submitted an dered to lie on the table. SA 2506. Mr. RUBIO (for himself and Ms. amendment intended to be proposed to SA 2540. Mr. BARRASSO submitted an COLLINS) submitted an amendment intended amendment SA 2499 proposed by Mr. MCCON- amendment intended to be proposed to to be proposed by him to the bill S. 178, NELL to the bill S. 178, supra; which was or- amendment SA 2499 proposed by Mr. MCCON- supra; which was ordered to lie on the table. NELL to the bill S. 178, supra; which was or- SA 2507. Mr. RUBIO (for himself and Ms. dered to lie on the table. SA 2523. Mr. BLUNT (for himself and Mr. dered to lie on the table. COLLINS) submitted an amendment intended SA 2541. Mr. BARRASSO submitted an DAINES) submitted an amendment intended to be proposed to amendment SA 2499 pro- to be proposed to amendment SA 2499 pro- amendment intended to be proposed by him posed by Mr. MCCONNELL to the bill S. 178, to the bill S. 178, supra; which was ordered to posed by Mr. MCCONNELL to the bill S. 178, supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. lie on the table. SA 2508. Mr. RUBIO (for himself and Ms. SA 2542. Mr. CRAPO submitted an amend- SA 2524. Mr. BLUNT (for himself and Mr. COLLINS) submitted an amendment intended ment intended to be proposed to amendment ALEXANDER) submitted an amendment in- to be proposed by him to the bill S. 178, SA 2499 proposed by Mr. MCCONNELL to the tended to be proposed to amendment SA 2499 supra; which was ordered to lie on the table. bill S. 178, supra; which was ordered to lie on proposed by Mr. MCCONNELL to the bill S. SA 2509. Mr. GRASSLEY submitted an the table. 178, supra; which was ordered to lie on the amendment intended to be proposed to SA 2543. Mr. WICKER submitted an amend- table. amendment SA 2499 proposed by Mr. MCCON- ment intended to be proposed by him to the SA 2525. Mr. BLUNT submitted an amend- NELL to the bill S. 178, supra; which was or- bill S. 178, supra; which was ordered to lie on ment intended to be proposed by him to the dered to lie on the table. the table. SA 2510. Mr. GRASSLEY submitted an bill S. 178, supra; which was ordered to lie on SA 2544. Mr. WICKER submitted an amend- amendment intended to be proposed to the table. ment intended to be proposed to amendment SA 2526. Mr. TOOMEY submitted an amendment SA 2499 proposed by Mr. MCCON- SA 2499 proposed by Mr. MCCONNELL to the NELL to the bill S. 178, supra; which was or- amendment intended to be proposed to bill S. 178, supra; which was ordered to lie on dered to lie on the table. amendment SA 2499 proposed by Mr. MCCON- the table. SA 2511. Mr. GRASSLEY submitted an NELL to the bill S. 178, supra; which was or- SA 2545. Mr. PERDUE (for himself and Mr. amendment intended to be proposed to dered to lie on the table. BLUNT) submitted an amendment intended to amendment SA 2499 proposed by Mr. MCCON- SA 2527. Mr. TOOMEY submitted an be proposed to amendment SA 2499 proposed NELL to the bill S. 178, supra; which was or- amendment intended to be proposed by him by Mr. MCCONNELL to the bill S. 178, supra; dered to lie on the table. to the bill S. 178, supra; which was ordered to which was ordered to lie on the table. SA 2512. Mr. MORAN (for himself and Mr. lie on the table. SA 2546. Mr. PERDUE (for himself and Mr. BLUMENTHAL) proposed an amendment to the SA 2528. Mr. TOOMEY (for himself and BLUNT) submitted an amendment intended to bill S. 2330, to amend the Ted Stevens Olym- Mrs. CAPITO) submitted an amendment in- be proposed by him to the bill S. 178, supra; pic and Amateur Sports Act to provide for tended to be proposed by him to the bill S. which was ordered to lie on the table. congressional oversight of the board of direc- 178, supra; which was ordered to lie on the SA 2547. Mr. DAINES (for himself and Mr. tors of the United States Olympic and table. ALEXANDER) submitted an amendment in- Paralympic Committee and to protect ama- SA 2529. Mr. TOOMEY (for himself and tended to be proposed to amendment SA 2499 teur athletes from emotional, physical, and Mrs. CAPITO) submitted an amendment in- proposed by Mr. MCCONNELL to the bill S. sexual abuse, and for other purposes. tended to be proposed to amendment SA 2499 178, supra; which was ordered to lie on the SA 2513. Mr. CASSIDY (for himself, Mr. proposed by Mr. MCCONNELL to the bill S. table. DAINES, Mr. ROMNEY, and Mr. RUBIO) sub- 178, supra; which was ordered to lie on the SA 2548. Mr. DAINES (for himself and Mr. mitted an amendment intended to be pro- table. ALEXANDER) submitted an amendment in- posed to amendment SA 2499 proposed by Mr. SA 2530. Mr. ALEXANDER submitted an tended to be proposed by him to the bill S. MCCONNELL to the bill S. 178, to condemn amendment intended to be proposed to 178, supra; which was ordered to lie on the gross human rights violations of ethnic amendment SA 2499 proposed by Mr. MCCON- table. Turkic Muslims in Xinjiang, and calling for NELL to the bill S. 178, supra; which was or- SA 2549. Mr. GRASSLEY submitted an an end to arbitrary detention, torture, and dered to lie on the table. amendment intended to be proposed to harassment of these communities inside and SA 2531. Mr. ALEXANDER submitted an amendment SA 2499 proposed by Mr. MCCON- outside China; which was ordered to lie on amendment intended to be proposed to NELL to the bill S. 178, supra; which was or- the table. amendment SA 2499 proposed by Mr. MCCON- dered to lie on the table. SA 2514. Ms. MCSALLY submitted an NELL to the bill S. 178, supra; which was or- SA 2550. Mr. SCOTT, of Florida submitted amendment intended to be proposed to dered to lie on the table. an amendment intended to be proposed to amendment SA 2499 proposed by Mr. MCCON- SA 2532. Mr. ALEXANDER submitted an amendment SA 2499 proposed by Mr. MCCON- NELL to the bill S. 178, supra; which was or- amendment intended to be proposed to NELL to the bill S. 178, supra; which was ordered to lie on the table. amendment SA 2499 proposed by Mr. MCCON- dered to lie on the table. SA 2515. Ms. MCSALLY (for herself, Mr. NELL to the bill S. 178, supra; which was or- SA 2551. Mr. SCOTT, of Florida submitted DAINES, Mr. CORNYN, and Mr. SULLIVAN) sub- dered to lie on the table. an amendment intended to be proposed to

VerDate Sep 11 2014 07:20 Nov 17, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD20\JULY\S04AU0.REC S04AU0 abonner on DSK9F5VC42PROD with CONG-REC-ONLINE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4737 amendment SA 2499 proposed by Mr. MCCON- TEXT OF AMENDMENTS was not covered by insurance or other com- NELL to the bill S. 178, supra; which was or- pensation;’’; dered to lie on the table. SA 2505. Mr. RUBIO (for himself and (vii) by inserting after paragraph (6), as so SA 2552. Mr. SCOTT, of Florida (for him- Ms. COLLINS) submitted an amendment redesignated, the following: self, Ms. ERNST, and Ms. MCSALLY) sub- intended to be proposed to amendment ‘‘(5) the term ‘covered supplier cost’ means mitted an amendment intended to be pro- SA 2499 proposed by Mr. MCCONNELL to an expenditure made by an entity to a supposed to amendment SA 2499 proposed by Mr. the bill S. 178, to condemn gross human plier of goods pursuant to a contract in ef- MCCONNELL to the bill S. 178, supra; which rights violations of ethnic Turkic Mus- fect before February 15, 2020 for the supply of was ordered to lie on the table. lims in Xinjiang, and calling for an end goods that are essential to the operations of the entity at the time at which the expendi- SA 2553. Mr. ENZI submitted an amend- to arbitrary detention, torture, and ment intended to be proposed to amendment ture is made;’’; harassment of these communities in- SA 2499 proposed by Mr. MCCONNELL to the (viii) by inserting after paragraph (8), as so bill S. 178, supra; which was ordered to lie on side and outside China; which was or- redesignated, the following: the table. dered to lie on the table; as follows: ‘‘(9) the term ‘covered worker protection SA 2554. Mr. ENZI submitted an amend- At the end of the amendment, add the fol- expenditure’— ment intended to be proposed by him to the lowing: ‘‘(A) means an operating or a capital expenditure that is required to facilitate the bill S. 178, supra; which was ordered to lie on SEC. 3. SMALL BUSINESS RECOVERY. adaptation of the business activities of an the table . (a) SHORT TITLE.—This section may be entity to comply with requirements estab- SA 2555. Mr. ENZI submitted an amend- cited as the ‘‘Continuing Small Business Re- lished or guidance issued by the Department ment intended to be proposed to amendment covery and Paycheck Protection Program of Health and Human Services, the Centers SA 2499 proposed by Mr. MCCONNELL to the Act’’. for Disease Control, or the Occupational bill S. 178, supra; which was ordered to lie on (b) DEFINITIONS.—In this section: Safety and Health Administration during the the table. (1) ADMINISTRATION; ADMINISTRATOR.—The period beginning on March 1, 2020 and ending SA 2556. Mr. ENZI submitted an amend- terms ‘‘Administration’’ and ‘‘Adminis- ment intended to be proposed by him to the December 31, 2020 related to the maintenance trator’’ mean the Small Business Adminis- of standards for sanitation, social bill S. 178, supra; which was ordered to lie on tration and the Administrator thereof, re- the table . distancing, or any other worker or customer spectively. safety requirement related to COVID–19; SA 2557. Mr. ENZI submitted an amend- (2) SMALL BUSINESS CONCERN.—The term ‘‘(B) may include— ment intended to be proposed to amendment ‘‘small business concern’’ has the meaning ‘‘(i) the purchase, maintenance, or renova- SA 2499 proposed by Mr. MCCONNELL to the given the term in section 3 of the Small tion of assets that create or expand— bill S. 178, supra; which was ordered to lie on Business Act (15 U.S.C. 632). ‘‘(I) a drive-through window facility; the table. (c) EMERGENCY RULEMAKING AUTHORITY.— ‘‘(II) an indoor, outdoor, or combined air or SA 2558. Mr. ENZI submitted an amend- Not later than 30 days after the date of en- air pressure ventilation or filtration system; ment intended to be proposed by him to the actment of this Act, the Administrator shall ‘‘(III) a physical barrier such as a sneeze bill S. 178, supra; which was ordered to lie on issue regulations to carry out this section guard; the table . and the amendments made by this section ‘‘(IV) an indoor, outdoor, or combined com- SA 2559. Mr. ROMNEY (for himself, Ms. without regard to the notice requirements mercial real property; COLLINS, and Ms. MCSALLY) submitted an under section 553(b) of title 5, United States ‘‘(V) an onsite or offsite health screening amendment intended to be proposed to Code. capability; or amendment SA 2499 proposed by Mr. MCCON- (d) ADDITIONAL ELIGIBLE EXPENSES.— ‘‘(VI) other assets relating to the compli- NELL to the bill S. 178, supra; which was or- (1) ALLOWABLE USE OF PPP LOAN.—Section ance with the requirements or guidance de- dered to lie on the table. 7(a)(36)(F)(i) of the Small Business Act (15 scribed in subparagraph (A), as determined SA 2560. Mr. COTTON submitted an amend- U.S.C. 636(a)(36)(F)(i)) is amended— by the Administrator in consultation with ment intended to be proposed to amendment (A) in subclause (VI), by striking ‘‘and’’ at the Secretary of Health and Human Services SA 2499 proposed by Mr. MCCONNELL to the the end; and the Secretary of Labor; and bill S. 178, supra; which was ordered to lie on (B) in subclause (VII), by striking the pe- ‘‘(ii) the purchase of— the table. riod at the end and inserting a semicolon; ‘‘(I) covered materials described in section SA 2561. Mrs. CAPITO submitted an and 328.103(a) of title 44, Code of Federal Regula- amendment intended to be proposed to (C) by adding at the end the following: tions, or any successor regulation; amendment SA 2499 proposed by Mr. MCCON- ‘‘(VIII) covered operations expenditures, as ‘‘(II) particulate filtering facepiece res- NELL to the bill S. 178, supra; which was or- defined in section 1106(a) of the CARES Act pirators approved by the National Institute dered to lie on the table. (15 U.S.C. 9005(a)); for Occupational Safety and Health, includ- SA 2562. Mrs. CAPITO submitted an ‘‘(IX) covered property damage costs, as ing those approved only for emergency use amendment intended to be proposed to defined in such section 1106(a); authorization; or amendment SA 2499 proposed by Mr. MCCON- ‘‘(X) covered supplier costs, as defined in ‘‘(III) other kinds of personal protective NELL to the bill S. 178, supra; which was or- such section 1106(a); and equipment, as determined by the Adminis- dered to lie on the table. ‘‘(XI) covered worker protection expendi- trator in consultation with the Secretary of SA 2563. Mr. YOUNG submitted an amend- tures, as defined in such section 1106(a).’’. Health and Human Services and the Sec- ment intended to be proposed to amendment (2) LOAN FORGIVENESS.—Section 1106 of the retary of Labor; and SA 2499 proposed by Mr. MCCONNELL to the CARES Act (15 U.S.C. 9005) is amended— ‘‘(C) does not include residential real prop- bill S. 178, supra; which was ordered to lie on (A) in subsection (a)— erty or intangible property;’’; and the table. (i) by redesignating paragraphs (6), (7), and (ix) in paragraph (11), as so redesignated— SA 2564. Mr. MORAN submitted an amend- (8) as paragraphs (10), (11), and (12), respec- (I) in subparagraph (C), by striking ‘‘and’’ ment intended to be proposed to amendment tively; at the end; SA 2499 proposed by Mr. MCCONNELL to the (ii) by redesignating paragraph (5) as para- (II) in subparagraph (D), by striking ‘‘and’’ bill S. 178, supra; which was ordered to lie on graph (8); at the end; and the table. (iii) by redesignating paragraph (4) as para- (III) by adding at the end the following: SA 2565. Mr. CORNYN (for himself and Mr. graph (6); ‘‘(E) covered operations expenditures; MCCONNELL) submitted an amendment in- (iv) by redesignating paragraph (3) as para- ‘‘(F) covered property damage costs; tended to be proposed to amendment SA 2499 graph (4); ‘‘(G) covered supplier costs; and proposed by Mr. MCCONNELL to the bill S. (v) by inserting after paragraph (2) the fol- ‘‘(H) covered worker protection expendi- 178, supra; which was ordered to lie on the lowing: tures; and’’; table. ‘‘(3) the term ‘covered operations expendi- (B) in subsection (b), by adding at the end SA 2566. Mrs. HYDE–SMITH submitted an ture’ means a payment for any business soft- the following: amendment intended to be proposed to ware or cloud computing service that facili- ‘‘(5) Any covered operations expenditure. amendment SA 2499 proposed by Mr. MCCON- tates business operations, product or service ‘‘(6) Any covered property damage cost. NELL to the bill S. 178, supra; which was or- delivery, the processing, payment, or track- ‘‘(7) Any covered supplier cost. dered to lie on the table. ing of payroll expenses, human resources, ‘‘(8) Any covered worker protection ex- SA 2567. Mr. McCONNELL (for Mrs. CAPITO sales and billing functions, or accounting or penditure.’’; (for herself and Mr. PETERS)) proposed an tracking of supplies, inventory, records and (C) in subsection (d)(8), by inserting ‘‘any amendment to the bill S. 384, to require the expenses;’’; payment on any covered operations expendi- Secretary of Commerce, acting through the (vi) by inserting after paragraph (4), as so ture, any payment on any covered property Director of the National Institute of Stand- redesignated, the following: damage cost, any payment on any covered ards and Technology, to help facilitate the ‘‘(5) the term ‘covered property damage supplier cost, any payment on any covered adoption of composite technology in infra- cost’ means a cost related to property dam- worker protection expenditure,’’ after ‘‘rent structure in the United States, and for other age and vandalism or looting due to public obligation,’’; and purposes. disturbances that occurred during 2020 that (D) in subsection (e)—

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(i) in paragraph (2), by inserting ‘‘pay- ‘‘(B) DEMOGRAPHIC INFORMATION.—An eligi- ‘‘(i) the number of active reviews and au- ments on covered operations expenditures, ble recipient of a covered loan described in dits; payments on covered property damage costs, subparagraph (A) may complete and submit ‘‘(ii) the number of reviews and audits that payments on covered supplier costs, pay- any form related to borrower demographic have been ongoing for more than 60 days; and ments on covered worker protection expendi- information. ‘‘(iii) any substantial changes made to the tures,’’ after ‘‘lease obligations,’’; and ‘‘(C) AUDIT.—The Administrator may— audit plan submitted under subparagraph (ii) in paragraph (3)(B), by inserting ‘‘make ‘‘(i) review and audit covered loans de- (A).’’. payments on covered operations expendi- scribed in subparagraph (A); and (h) GROUP INSURANCE PAYMENTS AS PAY- tures, make payments on covered property ‘‘(ii) in the case of fraud, ineligibility, or ROLL COSTS.—Section damage costs, make payments on covered other material noncompliance with applica- 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Busi- supplier costs, make payments on covered ble loan or loan forgiveness requirements, ness Act (15 U.S.C. worker protection expenditures,’’ after ‘‘rent modify— 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by obligation,’’. ‘‘(I) the amount of a covered loan described inserting ‘‘and other group insurance’’ before (e) LENDER SAFE HARBOR.—Subsection (h) in subparagraph (A); or ‘‘benefits’’. of section 1106 of the CARES Act (15 U.S.C. ‘‘(II) the loan forgiveness amount with re- (i) PAYCHECK PROTECTION PROGRAM SECOND 9005) is amended to read as follows: spect to a covered loan described in subpara- DRAW LOANS.—Section 7(a) of the Small ‘‘(h) HOLD HARMLESS.— graph (A). Business Act (15 U.S.C. 636(a)) is amended by ‘‘(1) IN GENERAL.—A lender may rely on ‘‘(2) COVERED LOANS BETWEEN $150,000 AND adding at the end the following: any certification or documentation sub- $2,000,000.— ‘‘(37) PAYCHECK PROTECTION PROGRAM SEC- mitted by an applicant for a covered loan or ‘‘(A) IN GENERAL.—Notwithstanding sub- OND DRAW LOANS.— an eligible recipient of a covered loan that— section (e), with respect to a covered loan ‘‘(A) DEFINITIONS.—In this paragraph— ‘‘(A) is submitted pursuant to any statu- made to an eligible recipient that is more ‘‘(i) the terms ‘community financial insti- tory requirement relating to covered loans than $150,000 and not more than $2,000,000— tutions’, ‘credit union’, ‘eligible self-em- or any rule or guidance issued to carry out ‘‘(i) the eligible recipient seeking loan for- ployed individual’, ‘insured depository insti- any action relating to covered loans; and giveness under this section— tution’, ‘nonprofit organization’, ‘payroll ‘‘(B) attests that the applicant or eligible ‘‘(I) is not required to submit the sup- costs’, ‘seasonal employer’, and ‘veterans or- recipient, as applicable, has accurately porting documentation described in para- ganization’ have the meanings given those verified any certification or documentation graph (1) or (2) of subsection (e) or the cer- terms in paragraph (36), except that ‘eligible provided to the lender. tification described in subsection (e)(3)(A); entity’ shall be substituted for ‘eligible re- ‘‘(2) NO ENFORCEMENT ACTION.—With re- ‘‘(II) shall retain all relevant schedules, cipient’ each place it appears in the defini- spect to a lender that relies on a certifi- worksheets, and supporting documentation tions of those terms; cation or documentation described in para- for the 3-year period following submission of ‘‘(ii) the term ‘covered loan’ means a loan graph (1)— the application for loan forgiveness; and made under this paragraph; ‘‘(A) an enforcement action may not be ‘‘(III) may complete and submit any form ‘‘(iii) the terms ‘covered mortgage obliga- taken against the lender acting in good faith related to borrower demographic information’, ‘covered operating expenditure’, ‘cov- relating to origination or forgiveness of a tion; ered property damage cost’, ‘covered rent ob- covered loan based on such reliance; and ‘‘(ii) review by the lender of an application ligation’, ‘covered supplier cost’, ‘covered ‘‘(B) the lender acting in good faith shall submitted by the eligible recipient for loan utility payment’, and ‘covered worker pro- not be subject to any penalties relating to forgiveness under this section shall be lim- tection expenditure’ have the meanings origination or forgiveness of a covered loan ited to whether the lender received a com- given those terms in section 1106(a) of the based on such reliance.’’. plete application, with all fields completed, CARES Act (15 U.S.C. 9005(a)); (f) SELECTION OF COVERED PERIOD FOR FOR- initialed, or signed, as applicable; and ‘‘(iv) the term ‘covered period’ means the GIVENESS.—Section 1106 of the CARES Act ‘‘(iii) the lender shall— period beginning on the date of the origina- (15 U.S.C. 9005) is amended— ‘‘(I) accept the application submitted by tion of a covered loan and ending on Decem- (1) by amending paragraph (4) of subsection the eligible recipient for loan forgiveness ber 31, 2020; (a), as so redesignated by subsection (d) of under this section; and ‘‘(v) the term ‘eligible entity’— this section, to read as follows: ‘‘(II) submit the application to the Admin- ‘‘(I) means any business concern, nonprofit ‘‘(4) the term ‘covered period’ means the istrator. organization, veterans organization, Tribal period— ‘‘(B) AUDIT.—The Administrator may— business concern, eligible self-employed indi- ‘‘(A) beginning on the date of the origina- ‘‘(i) review and audit covered loans de- vidual, sole proprietor, independent con- tion of a covered loan; and scribed in subparagraph (A); and tractor, or small agricultural cooperative ‘‘(B) ending on a date selected by the eligi- ‘‘(ii) in the case of fraud, ineligibility, or that— ble recipient of the covered loan that occurs other material noncompliance with applica- ‘‘(aa)(AA) with respect to a business con- during the period— ble loan or loan forgiveness requirements, cern, would qualify as a small business con- ‘‘(i) beginning on the date that is 8 weeks modify— cern by the annual receipts size standard (if after such date of origination; and ‘‘(I) the amount of a covered loan described applicable) established by section 121.201 of ‘‘(ii) ending on December 31, 2020;’’; and in subparagraph (A); or title 13, Code of Federal Regulations, or any (2) by striking subsection (l). ‘‘(II) the loan forgiveness amount with re- successor regulation; or (g) SIMPLIFIED APPLICATION.—Section 1106 spect to a covered loan described in subpara- ‘‘(BB) if the entity does not qualify as a of the CARES Act (15 U.S.C. 9005), as amend- graph (A). small business concern, meets the alter- ed by subsection (f) of this section, is amend- ‘‘(3) AUDIT PLAN.— native size standard established under sec- ed— ‘‘(A) IN GENERAL.—Not later than 30 days tion 3(a)(5); (1) in subsection (e), in the matter pre- after the date of enactment of the Con- ‘‘(bb) employs not more than 300 employ- ceding paragraph (1), by striking ‘‘An eligi- tinuing Small Business Recovery and Pay- ees; and ble’’ and inserting ‘‘Except as provided in check Protection Program Act, the Adminis- ‘‘(cc)(AA) except as provided in subitems subsection (l), an eligible’’; trator shall submit to the Committee on (BB), (CC), and (DD), had gross receipts dur- (2) in subsection (f), by inserting ‘‘or the Small Business and Entrepreneurship of the ing the first or second quarter in 2020 that information required under subsection (l), as Senate and the Committee on Small Busi- are not less than 35 percent less than the applicable’’ after ‘‘subsection (e)’’; and ness of the House of Representatives an gross receipts of the entity during the same (3) by adding at the end the following: audit plan that details— quarter in 2019; ‘‘(l) SIMPLIFIED APPLICATION.— ‘‘(i) the policies and procedures of the Ad- ‘‘(BB) if the entity was not in business dur- ‘‘(1) COVERED LOANS UNDER $150,000.— ministrator for conducting reviews and au- ing the first or second quarter of 2019, but ‘‘(A) IN GENERAL.—Notwithstanding sub- dits of covered loans; and was in business during the third and fourth section (e), with respect to a covered loan ‘‘(ii) the metrics that the Administrator quarter of 2019, had gross receipts during the made to an eligible recipient that is not shall use to determine which covered loans first or second quarter of 2020 that are less more than $150,000, the covered loan amount will be audited for each category of covered than 35 percent of the amount of the gross shall be forgiven under this section if the eli- loans described in paragraphs (1) and (2). receipts of the entity during the third or gible recipient— ‘‘(B) REPORTS.—Not later than 30 days fourth quarter of 2019; ‘‘(i) signs and submits to the lender an at- after the date on which the Administrator ‘‘(CC) if the entity was not in business dur- testation that the eligible recipient made a submits the audit plan required under sub- ing the first, second, or third quarter of 2019, good faith effort to comply with the require- paragraph (A), and each month thereafter, but was in business during the fourth quarter ments under section 7(a)(36) of the Small the Administrator shall submit to the Com- of 2019, had gross receipts during the first or Business Act (15 U.S.C. 636(a)(36)); and mittee on Small Business and Entrepreneur- second quarter of 2020 that are less than 35 ‘‘(ii) for the 1-year period following sub- ship of the Senate and the Committee on percent of the amount of the gross receipts mission of the attestation under clause (i), Small Business of the House of Representa- of the entity during the fourth quarter of retains records relevant to the attestation tives a report on the review and audit activi- 2019; or that prove compliance with those require- ties of the Administrator under this sub- ‘‘(DD) if the entity was not in business dur- ments. section, which shall include— ing 2019, but was in operation on February

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.037 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4739 15, 2020, had gross receipts during the second political strategy or otherwise describes amount of loans guaranteed under this sub- quarter of 2020 that are less than 35 percent itself as a think tank in any public docu- section that are approved for an eligible en- of the amount of the gross receipts of the en- ments; or tity (including any affiliates) within 90 days tity during the first quarter of 2020; ‘‘(dd) any business concern or entity— of approval of another loan under this sub- ‘‘(II) includes an organization described in ‘‘(AA) for which an entity created in or or- section for the eligible entity (including any subparagraph (D)(vii) of paragraph (36) that ganized under the laws of the People’s Re- affiliates) shall not exceed $10,000,000. is eligible to receive a loan under that para- public of China or the Special Administra- ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI- graph and that meets the requirements de- tive Region of Hong Kong, or that has sig- CATION REQUIREMENTS.—An eligible entity scribed in items (aa) and (cc) of subclause (I); nificant operations in the People’s Republic applying for a covered loan shall not be re- and of China or the Special Administrative Re- quired to make the certification described in ‘‘(III) does not include— gion of Hong Kong, owns or holds, directly or subclause (III) or (IV) of paragraph (36)(G)(i). ‘‘(aa) an issuer, the securities of which are indirectly, not less than 20 percent of the ‘‘(E) FEE WAIVER.—With respect to a cov- listed on an exchange registered a national economic interest of the business concern or ered loan— securities exchange under section 6 of the entity, including as equity shares or a cap- ‘‘(i) in lieu of the fee otherwise applicable Securities Exchange Act of 1934 (15 U.S.C. ital or profit interest in a limited liability under paragraph (23)(A), the Administrator 78f); company or partnership; or shall collect no fee; and ‘‘(bb) any entity that— ‘‘(BB) that retains, as a member of the ‘‘(ii) in lieu of the fee otherwise applicable ‘‘(AA) is a type of business concern de- board of directors of the business concern, a under paragraph (18)(A), the Administrator scribed in subsection (b), (c), (d), (e), (f), (h), person who is a resident of the People’s Re- shall collect no fee. (l) (m), (p), (q), (r), or (s) of section 120.110 of public of China; ‘‘(F) ELIGIBLE CHURCHES AND RELIGIOUS OR- title 13, Code of Federal Regulations, or any ‘‘(vi) the terms ‘exchange’, ‘issuer’, and ‘se- GANIZATIONS.— successor regulation; curity’ have the meanings given those terms ‘‘(i) SENSE OF CONGRESS.—It is the sense of ‘‘(BB) is a type of business concern de- in section 3(a) of the Securities Exchange Congress that the interim final rule of the scribed in section 120.110(g) of title 13, Code Act of 1934 (15 U.S.C. 78c(a)); and Administration entitled ‘Business Loan Pro- of Federal Regulations, or any successor reg- ‘‘(vii) the term ‘Tribal business concern’ gram Temporary Changes; Paycheck Protec- ulation, except as otherwise provided in the means a Tribal business concern described in tion Program’ (85 Fed. Reg. 20817 (April 15, interim final rule of the Administration en- section 31(b)(2)(C). 2020)) properly clarified the eligibility of titled ‘Business Loan Program Temporary ‘‘(B) LOANS.—Except as otherwise provided churches and religious organizations for Changes; Paycheck Protection Program—Ad- in this paragraph, the Administrator may loans made under paragraph (36). ditional Eligibility Criteria and Require- guarantee covered loans to eligible entities ‘‘(ii) APPLICABILITY OF PROHIBITION.—The ments for Certain Pledges of Loans’ (85 Fed. under the same terms, conditions, and proc- prohibition on eligibility established by sec- Reg. 21747 (April 20, 2020)); esses as a loan made under paragraph (36). tion 120.110(k) of title 13, Code of Federal ‘‘(CC) is a type of business concern de- ‘‘(C) MAXIMUM LOAN AMOUNT.— Regulations, or any successor regulation, scribed in section 120.110(i) of title 13, Code of ‘‘(i) IN GENERAL.—Except as otherwise pro- shall not apply to a covered loan. Federal Regulations, or any successor regu- vided in this subparagraph, the maximum ‘‘(G) GROSS RECEIPTS FOR NONPROFIT AND lation, except if the business concern is an amount of a covered loan made to an eligible VETERANS ORGANIZATIONS.—For purposes of organization described in paragraph entity is the lesser of— calculating gross receipts under subpara- (36)(D)(vii); ‘‘(I) the product obtained by multiplying— graph (A)(v)(I)(cc) for an eligible entity that ‘‘(DD) is a type of business concern de- ‘‘(aa) at the election of the eligible entity, is a nonprofit organization, a veterans orga- scribed in section 120.110(j) of title 13, Code of the average total monthly payment for pay- nization, or an organization described in sub- Federal Regulations, or any successor regu- roll costs incurred or paid by the eligible en- paragraph (A)(v)(II), gross receipts— lation, except as otherwise provided in the tity during— ‘‘(i) shall include proceeds from fund- interim final rules of the Administration en- ‘‘(AA) the 1-year period before the date on raising events, federated campaigns, gifts, titled ‘Business Loan Program Temporary which the loan is made; or donor-advised funds, and funds from similar Changes; Paycheck Protection Program— ‘‘(BB) calendar year 2019; by sources; and Eligibility of Certain Electric Cooperatives’ ‘‘(bb) 2.5; or ‘‘(ii) shall not include— (85 Fed. Reg. 29847 (May 19, 2020)) and ‘Busi- ‘‘(II) $2,000,000. ‘‘(I) Federal grants (excluding any loan for- ness Loan Program Temporary Changes; ‘‘(ii) SEASONAL EMPLOYERS.—The maximum giveness on loans received under paragraph Paycheck Protection Program—Eligibility amount of a covered loan made to an eligible (36) or this paragraph); of Certain Telephone Cooperatives’ (85 Fed. entity that is a seasonal employer is the ‘‘(II) revenues from a supporting organiza- Reg. 35550 (June 11, 2020)) or any other guid- lesser of— tion; ance or rule issued or that may be issued by ‘‘(I) the product obtained by multiplying— ‘‘(III) grants from private foundations that the Administrator; ‘‘(aa) at the election of the eligible entity, are disbursed over the course of more than 1 ‘‘(EE) is a type of business concern de- the average total monthly payments for pay- calendar year; or scribed in section 120.110(n) of title 13, Code roll costs incurred or paid by the eligible en- ‘‘(IV) any contribution of property other of Federal Regulations, or any successor reg- tity— than money, stocks, bonds, and other securi- ulation, except as otherwise provided in the ‘‘(AA) for a 12-week period beginning Feb- ties, provided that the non-cash contribution interim final rule of the Administration en- ruary 15, 2019 or March 1, 2019 and ending is not sold by the organization in a trans- titled ‘Business Loan Program Temporary June 30, 2019; or action unrelated to the tax-exempt purpose Changes; Paycheck Protection Program—Ad- ‘‘(BB) for a consecutive 12-week period be- of the organization. ditional Eligibility Revisions to First In- tween May 1, 2019 and September 15, 2019; by ‘‘(H) LOAN FORGIVENESS.— terim Final Rule’ (85 Fed. Reg. 38301 (June ‘‘(bb) 2.5; or ‘‘(i) IN GENERAL.—Except as otherwise pro- 26, 2020)) or any other guidance or rule issued ‘‘(II) $2,000,000. vided in this subparagraph, an eligible entity or that may be issued by the Administrator; ‘‘(iii) NEW ENTITIES.—The maximum shall be eligible for forgiveness of indebted- ‘‘(FF) is a type of business concern de- amount of a covered loan made to an eligible ness on a covered loan in the same manner scribed in section 120.110(o) of title 13, Code entity that did not exist during the 1-year as an eligible recipient with respect to a loan of Federal Regulations, or any successor reg- period preceding February 15, 2020 is the less- made under paragraph (36), as described in ulation, except as otherwise provided in any er of— section 1106 of the CARES Act (15 U.S.C. guidance or rule issued or that may be issued ‘‘(I) the product obtained by multiplying— 9005). by the Administrator; or ‘‘(aa) the quotient obtained by dividing— ‘‘(ii) FORGIVENESS AMOUNT.—An eligible en- ‘‘(GG) is an entity that is organized for re- ‘‘(AA) the sum of the total monthly pay- tity shall be eligible for forgiveness of in- search or for engaging in advocacy in areas ments by the eligible entity for payroll costs debtedness on a covered loan in an amount such as public policy or political strategy or paid or incurred by the eligible entity as of equal to the sum of the following costs in- otherwise describes itself as a think tank in the date on which the eligible entity applies curred or expenditures made during the cov- any public documents; for the covered loan; by ered period: ‘‘(HH) is an entity that would be described ‘‘(BB) the number of months in which ‘‘(I) Payroll costs. in the subsections listed in subitems (AA) those payroll costs were paid or incurred; by ‘‘(II) Any payment of interest on any cov- through (GG) if the entity were a business ‘‘(bb) 2.5; or ered mortgage obligation (which shall not in- concern; or ‘‘(II) $2,000,000. clude any prepayment of or payment of prin- ‘‘(II) is assigned, or was approved for a loan ‘‘(iv) LIMIT FOR MULTIPLE LOCATIONS.—With cipal on a covered mortgage obligation). under paragraph (36) with, a North American respect to an eligible entity with more than ‘‘(III) Any covered operations expenditure. Industry Classification System code begin- 1 physical location, the total amount of all ‘‘(IV) Any covered property damage cost. ning with 52; covered loans shall be not more than ‘‘(V) Any payment on any covered rent ob- ‘‘(cc) any business concern or entity pri- $2,000,000. ligation. marily engaged in political or lobbying ac- ‘‘(v) LOAN NUMBER LIMITATION.—An eligible ‘‘(VI) Any covered utility payment. tivities, which shall include any entity that entity may only receive 1 covered loan. ‘‘(VII) Any covered supplier cost. is organized for research or for engaging in ‘‘(vi) 90 DAY RULE FOR MAXIMUM LOAN ‘‘(VIII) Any covered worker protection ex- advocacy in areas such as public policy or AMOUNT.—The maximum aggregate loan penditure.

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‘‘(iii) LIMITATION ON FORGIVENESS FOR ALL (2) APPLICABILITY OF MAXIMUM LOAN culated using the formula described in sub- ELIGIBLE ENTITIES.—The forgiveness amount AMOUNT CALCULATION.— paragraph (E), except that the gross income under this subparagraph shall be equal to the (A) DEFINITIONS.—In this paragraph, the of the covered recipient described in clause lesser of— terms ‘‘covered loan’’ and ‘‘eligible recipi- (ii)(I)(aa)(AA) of this subparagraph, as di- ‘‘(I) the amount described in clause (ii); ent’’ have the meanings given those terms in vided by 12, shall be added to the sum cal- and section 7(a)(36) of the Small Business Act (15 culated under subparagraph (E)(i)(I). ‘‘(II) the amount equal to the quotient ob- U.S.C. 636(a)(36)). ‘‘(iv) RECALCULATION.—A lender that made tained by dividing— (B) APPLICABILITY.—The amendment made a covered loan to a covered recipient before ‘‘(aa) the amount of the covered loan used by paragraph (1) shall apply only with re- the date of enactment of this subparagraph for payroll costs during the covered period; spect to a covered loan applied for by an eli- may, at the request of the covered recipi- and gible recipient on or after the date of enact- ent— ‘‘(bb) 0.60. ment of this Act. ‘‘(I) recalculate the maximum loan amount ‘‘(I) LENDER ELIGIBILITY.—Except as other- (k) INCREASED ABILITY FOR PAYCHECK PRO- applicable to that covered loan based on the wise provided in this paragraph, a lender ap- TECTION PROGRAM BORROWERS TO REQUEST AN formula described in clause (ii) or (iii), as approved to make loans under paragraph (36) INCREASE IN LOAN AMOUNT DUE TO UPDATED plicable, if doing so would result in a larger may make covered loans under the same REGULATIONS.— covered loan amount; and terms and conditions as in paragraph (36). (1) DEFINITIONS.—In this subsection, the ‘‘(II) provide the covered recipient with ad- ‘‘(J) REIMBURSEMENT FOR LOAN PROCESSING terms ‘‘covered loan’’ and ‘‘eligible recipi- ditional covered loan amounts based on that AND SERVICING.—The Administrator shall re- ent’’ have the meanings given those terms in recalculation.’’. imburse a lender authorized to make a cov- section 7(a)(36) of the Small Business Act (15 (m) FARM CREDIT SYSTEM INSTITUTIONS.— ered loan in an amount that is— U.S.C. 636(a)(36)). (1) DEFINITION OF FARM CREDIT SYSTEM IN- ‘‘(i) 3 percent of the principal amount of (2) INCREASED AMOUNT.—Notwithstanding STITUTION.—In this subsection, the term the financing of the covered loan up to the interim final rule issued by the Adminis- ‘‘Farm Credit System institution’’— $350,000; and tration entitled ‘‘Business Loan Program (A) means an institution of the Farm Cred- ‘‘(ii) 1 percent of the principal amount of Temporary Changes; Paycheck Protection it System chartered under the Farm Credit the financing of the covered loan above Program—Loan Increases’’ (85 Fed. Reg. Act of 1971 (12 U.S.C. 2001 et seq.); and 29842 (May 19, 2020)), an eligible recipient of $350,000, if applicable. (B) does not include the Federal Agricul- a covered loan that is eligible for an in- tural Mortgage Corporation. ‘‘(K) SET ASIDE FOR SMALL ENTITIES.—Not creased covered loan amount as a result of ACILITATION OF PARTICIPATION IN PPP less than $25,000,000,000 of the total amount (2) F any interim final rule that allows for cov- AND SECOND DRAW LOANS.— of covered loans guaranteed by the Adminis- ered loan increases may submit a request for (A) APPLICABLE RULES.—Solely with re- trator shall be made to eligible entities with an increase in the covered loan amount even spect to loans under paragraphs (36) and (37) not more than 10 employees as of February if— of section 7(a) of the Small Business Act (15 15, 2020. (A) the initial covered loan amount has U.S.C. 636(a)), Farm Credit Administration ‘‘(L) SET ASIDE FOR COMMUNITY FINANCIAL been fully disbursed; or regulations and guidance issued as of July INSTITUTIONS, SMALL INSURED DEPOSITORY IN- (B) the lender of the initial covered loan 14, 2020, and compliance with such regula- STITUTIONS, CREDIT UNIONS, AND FARM CREDIT has submitted to the Administration a Form tions and guidance, shall be deemed func- SYSTEM INSTITUTIONS.—Not less than 1502 report related to the covered loan. tionally equivalent to requirements ref- $10,000,000,000 of the total amount of covered (l) CALCULATION OF MAXIMUM LOAN AMOUNT erenced in section 3(a)(iii)(II) of the interim loans guaranteed by the Administrator shall FOR FARMERS AND RANCHERS UNDER THE PAY- final rule of the Administration entitled be made by— CHECK PROTECTION PROGRAM.— ‘‘Business Loan Program Temporary ‘‘(i) community financial institutions; (1) IN GENERAL.—Section 7(a)(36) of the Changes; Paycheck Protection Program’’ (85 ‘‘(ii) insured depository institutions with Small Business Act (15 U.S.C. 636(a)(36)), as Fed. Reg. 20811 (April 15, 2020)) or any similar consolidated assets of less than amended by subsection (j) of this section, is requirement referenced in that interim final $10,000,000,000; amended— rule in implementing such paragraph (37). ‘‘(iii) credit unions with consolidated as- (A) in subparagraph (E), in the matter pre- (B) APPLICABILITY OF CERTAIN LOAN RE- sets of less than $10,000,000,000; and ceding clause (i), by striking ‘‘During’’ and QUIREMENTS.—For purposes of making loans ‘‘(iv) institutions of the Farm Credit Sys- inserting ‘‘Except as provided in subpara- under paragraph (36) or (37) of section 7(a) of tem chartered under the Farm Credit Act of graph (T), during’’; and the Small Business Act (15 U.S.C. 636(a)) or 1971 (12 U.S.C. 2001 et seq.) with consolidated (B) by adding at the end the following: forgiving those loans in accordance with sec- assets of less than $10,000,000,000 (not includ- ‘‘(T) CALCULATION OF MAXIMUM LOAN tion 1106 of the CARES Act (15 U.S.C. 9005) ing the Federal Agricultural Mortgage Cor- AMOUNT FOR FARMERS AND RANCHERS.— and subparagraph (H) of such paragraph (37), poration). ‘‘(i) DEFINITION.—In this subparagraph, the sections 4.13, 4.14, and 4.14A of the Farm ‘‘(M) PUBLICATION OF GUIDANCE.—Not later term ‘covered recipient’ means an eligible Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) than 10 days after the date of enactment of recipient that— (including regulations issued under those this paragraph, the Administrator shall issue ‘‘(I) operates as a sole proprietorship or as sections) shall not apply. guidance addressing barriers to accessing an independent contractor, or is an eligible (C) RISK WEIGHT.— capital for minority, underserved, veteran, self-employed individual; (i) IN GENERAL.—With respect to the appli- and women-owned business concerns for the ‘‘(II) reports farm income or expenses on a cation of Farm Credit Administration cap- purpose of ensuring equitable access to cov- Schedule F (or any equivalent successor ital requirements, a loan described in clause ered loans. schedule); and (ii)— ‘‘(N) STANDARD OPERATING PROCEDURE.— ‘‘(III) was in business during the period be- (I) shall receive a risk weight of zero per- The Administrator shall, to the maximum ginning on February 15, 2019 and ending on cent; and extent practicable, allow a lender approved June 30, 2019. (II) shall not be included in the calculation to make covered loans to use existing pro- ‘‘(ii) NO EMPLOYEES.—With respect to cov- of any applicable leverage ratio or other ap- gram guidance and standard operating proce- ered recipient without employees, the max- plicable capital ratio or calculation. dures for loans made under this subsection. imum covered loan amount shall be the less- (ii) LOANS DESCRIBED.—A loan referred to ‘‘(O) PROHIBITION ON USE OF PROCEEDS FOR er of— in clause (i) is— LOBBYING ACTIVITIES.—None of the proceeds ‘‘(I) the sum of— (I) a loan made by a Farm Credit Bank de- of a covered loan may be used for— ‘‘(aa) the product obtained by multi- scribed in section 1.2(a) of the Farm Credit ‘‘(i) lobbying activities, as defined in sec- plying— Act of 1971 (12 U.S.C. 2002(a)) to a Federal tion 3 of the Lobbying Disclosure Act of 1995 ‘‘(AA) the gross income of the covered re- Land Bank Association, a Production Credit (2 U.S.C. 1602); cipient in 2019, as reported on a Schedule F Association, or an agricultural credit asso- ‘‘(ii) lobbying expenditures related to a (or any equivalent successor schedule), that ciation described in that section to make State or local election; or is not more than $100,000, divided by 12; and loans under paragraph (36) or (37) of section ‘‘(iii) expenditures designed to influence ‘‘(BB) 2.5; and 7(a) of the Small Business Act (15 U.S.C. the enactment of legislation, appropriations, ‘‘(bb) the outstanding amount of a loan 636(a)) or forgive those loans in accordance regulation, administrative action, or Execu- under subsection (b)(2) that was made during with section 1106 of the CARES Act (15 tive order proposed or pending before Con- the period beginning on January 31, 2020 and U.S.C. 9005) and subparagraph (H) of such gress or any State government, State legis- ending on April 3, 2020 that the borrower in- paragraph (37); or lature, or local legislature or legislative tends to refinance under the covered loan, (II) a loan made by a Federal Land Bank body.’’. not including any amount of any advance Association, a Production Credit Associa- (j) CONTINUED ACCESS TO THE PAYCHECK under the loan that is not required to be re- tion, an agricultural credit association, or PROTECTION PROGRAM.— paid; or the bank for cooperatives described in sec- (1) IN GENERAL.—Section 7(a)(36)(E)(ii) of ‘‘(II) $2,000,000. tion 1.2(a) of the Farm Credit Act of 1971 (12 the Small Business Act (15 U.S.C. ‘‘(iii) WITH EMPLOYEES.—With respect to a U.S.C. 2002(a)) under paragraph (36) or (37) of 636(a)(36)(E)(ii)) is amended by striking covered recipient with employees, the max- section 7(a) of the Small Business Act (15 ‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’. imum covered loan amount shall be cal- U.S.C. 636(a)).

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(D) RESERVATION OF LOAN GUARANTEES.— ‘‘(bb) employed not more than 250 employ- ‘‘(i) under the same terms, conditions, and Section 7(a)(36)(S) of the Small Business Act ees during not fewer than 5 months out of processes as a loan made under this sub- (15 U.S.C. 636(a)(36)(S)) is amended— that year; section; and (i) in clause (i)— ‘‘(iv) the term ‘eligible entity’— ‘‘(ii) to meet working capital needs, ac- (I) in subclause (I), by striking ‘‘and’’ at ‘‘(I) means any small business concern quire fixed assets, or refinance existing in- the end; that— debtedness while recovering from the (II) in subclause (II), by striking the period ‘‘(aa) except with respect to a covered sea- COVID–19 pandemic. at the end and inserting ‘‘; and’’; and sonal employer, employs not more than 500 ‘‘(C) MAXIMUM LOAN AMOUNT.—The max- (III) by adding at the end the following: employees; imum amount of a covered loan made to an ‘‘(III) institutions of the Farm Credit Sys- ‘‘(bb)(AA) except as provided in subitems eligible entity shall be the lesser of— tem chartered under the Farm Credit Act of (BB), (CC), and (DD), had gross receipts dur- ‘‘(i) $10,000,000; or 1971 (12 U.S.C. 2001 et seq.) with consolidated ing the first or second quarter in 2020 that ‘‘(ii) the amount equal to 200 percent of the assets of not less than $10,000,000,000 and less are less than 50 percent of the gross receipts average annual receipts of the eligible enti- than $50,000,000,000.’’; and of the business concern during the same ty. (ii) in clause (ii)— quarter in 2019; ‘‘(D) LOAN NUMBER LIMITATION.—An eligible (I) in subclause (II), by striking ‘‘and’’ at ‘‘(BB) if the small business concern was entity may only receive 1 covered loan. the end; not in business during the first or second ‘‘(E) 90 DAY RULE FOR MAXIMUM LOAN (II) in subclause (III), by striking the pe- quarter of 2019, but was in business during AMOUNT.—The maximum aggregate loan riod at the end and inserting ‘‘; and’’; and the third and fourth quarter of 2019, had amount of loans guaranteed under this sub- (III) by adding at the end the following: gross receipts during the first or second section that are approved for an eligible en- ‘‘(IV) institutions of the Farm Credit Sys- quarter of 2020 that are less than 50 percent tity (including any affiliates) within 90 days tem chartered under the Farm Credit Act of of the amount of the gross receipts of the of approval of another loan under this sub- 1971 (12 U.S.C. 2001 et seq.) with consolidated small business concern during the third or section for the eligible entity (including any assets of less than $10,000,000,000.’’. fourth quarter of 2019; affiliates) shall not exceed $10,000,000. (n) DEFINITION OF SEASONAL EMPLOYER.— ‘‘(CC) if the small business concern was not ‘‘(F) APPLICATION DEADLINE.—An eligible (1) PPP LOANS.—Section 7(a)(36)(A) of the in business during the first, second, or third entity desiring a covered loan shall submit Small Business Act (15 U.S.C. 636(a)(36)(A)) is quarter of 2019, but was in business during an application not later than December 31, amended— the fourth quarter of 2019, had gross receipts 2020. (A) in clause (xi), by striking ‘‘and’’ at the during the first or second quarter of 2020 that ‘‘(G) FEE WAIVER.—With respect to a cov- end; are less than 50 percent of the amount of the ered loan— (B) in clause (xii), by striking the period at gross receipts of the small business concern ‘‘(i) in lieu of the fee otherwise applicable the end and inserting ‘‘; and’’; and during the fourth quarter of 2019; or under paragraph (23)(A), the Administrator (C) by adding at the end the following: ‘‘(DD) if the small business concern was shall collect no fee; and ‘‘(xiii) the term ‘seasonal employer’ means not in business during the first or second ‘‘(ii) in lieu of the fee otherwise applicable an eligible recipient that— quarter of 2020, had gross receipts during any under paragraph (18)(A), the Administrator ‘‘(I) does not operate for more than 7 2-month period during 2020 that are less than shall collect no fee. months in any calendar year; or 50 percent of the amount of the gross re- ‘‘(H) LOAN TERMS.— ‘‘(II) during the preceding calendar year, ceipts of the small business concern during ‘‘(i) IN GENERAL.—In order to receive a cov- had gross receipts for any 6 months of that any other 2-month period during 2020; and ered loan, an eligible entity shall not be re- year that were not more than 33.33 percent of ‘‘(cc)(AA) is a covered seasonal employer quired to show that the eligible entity is un- the gross receipts of the employer for the seeking a covered loan of not more than able to obtain credit elsewhere. other 6 months of that year.’’. $2,000,000; or ‘‘(ii) MATURITY AND INTEREST RATE.—A cov- (2) LOAN FORGIVENESS.—Paragraph (12) of ‘‘(BB) is a small business concern the prin- ered loan shall— section 1106(a) of the CARES Act (15 U.S.C. cipal place of business of which is in, and not ‘‘(I) have a maturity of 20 years; and 9005(a)), as so redesignated by subsection less than 50 percent of the total gross income ‘‘(II) bear an interest rate of equal to the (d)(2) of this section, is amended to read as of which is derived from the active conduct sum of— follows: of the business concern within, a small busi- ‘‘(aa) the Secured Overnight Financing ‘‘(12) the terms ‘payroll costs’ and ‘sea- ness low-income census tract; and Rate in effect for each of the days in the rel- sonal employer’ have the meanings given ‘‘(II) does not include— evant quarter that interest is charged, as those terms in section 7(a)(36) of the Small ‘‘(aa) an entity described in paragraph compiled and released by the Federal Re- Business Act (15 U.S.C. 636(a)(36)).’’. (37)(A)(v)(II); serve Bank of New York; and ‘‘(bb) any entity that received a loan under ‘‘(bb) 300 basis points. (o) CHANGES TO THE 7(A) LOAN GUARANTY paragraph (37); or ‘‘(iii) GUARANTEE.—In an agreement to par- PROGRAM FOR RECOVERY SECTOR BUSINESS ‘‘(cc) any entity that received a loan under ticipate in a covered loan on a deferred basis, CONCERNS.—Section 7(a) of the Small Busi- paragraph (36) after the date of enactment of the participation by the Administration ness Act (15 U.S.C. 636(a)), as amended by this paragraph; and shall be 100 percent of the covered loan. subsection (i) of this section, is amended by ‘‘(v) the term ‘small business low-income ‘‘(iv) SUBSIDY FOR INTEREST PAYMENTS.— adding at the end the following: census tract’— ‘‘(I) IN GENERAL.—The Administrator shall ‘‘(38) RECOVERY SECTOR LOANS.— ‘‘(I) means— pay the amount of interest that is owed on a ‘‘(A) DEFINITIONS.—In this paragraph— ‘‘(aa) a covered population census tract for covered loan in regular servicing status for ‘‘(i) the term ‘covered loan’ means a loan which the poverty rate is not less than 20 the maturity of the loan such that the inter- made under this paragraph; percent; or est rate paid by the eligible entity is, at all ‘‘(ii) the term ‘covered population census ‘‘(bb) an area— times, equal to a rate of 1 percent. tract’ means a population census tract for ‘‘(AA) that is not tracted as a population ‘‘(II) TIMING OF PAYMENT.—The Adminis- which— census tract; trator shall— ‘‘(I) in the case of a tract that is not lo- ‘‘(BB) for which the poverty rate in the ‘‘(aa) begin making payments under sub- cated within a metropolitan area, the me- equivalent county division (as defined by the clause (I) not later than 30 days after the dian income does not exceed 80 percent of the Bureau of the Census) is not less than 20 per- date on which the first such payment is due; statewide (or, with respect to a possession or cent; and and territory of the United States, the ‘‘(CC) for which the median income in the ‘‘(bb) make payments without regard to possession- or territory-wide) median family equivalent county division (as defined by the the payment deferral described in clause (iv). income; or Bureau of the Census) does not exceed 80 per- ‘‘(III) APPLICATION OF PAYMENT.—Any pay- ‘‘(II) in the case of a tract that is located cent of the statewide (or, with respect to a ment made by the Administrator under sub- within a metropolitan area, the median fam- possession or territory of the United States, clause (I) shall be applied to the covered loan ily income does not exceed 80 percent of the the possession- or territory-wide) median in- such that the eligible entity is relieved of greater of the statewide (or, with respect to come; and the obligation to pay that amount. a possession or territory of the United ‘‘(II) does not include any area or popu- ‘‘(v) PAYMENT DEFERRAL.— States, the possession- or territory-wide) me- lation census tract with a median family in- ‘‘(I) IN GENERAL.—No payment of principal dian family income and the metropolitan come that is not less than 120 percent of the or interest shall be due on a covered loan for area median family income; median family income in the United States, the first 2 years of the covered loan. ‘‘(iii) the term ‘covered seasonal employer’ according to the most recent American Com- ‘‘(II) ADDITIONAL DEFERRAL.—After the 2- means a small business concern that— munities Survey data from the Bureau of the year deferral period under subclause (I), the ‘‘(I) is a seasonal employer, as defined in Census. Administrator may grant not more than an paragraph (36); and ‘‘(B) LOANS.—Except as otherwise provided additional 2 years of principal deferral to the ‘‘(II) during the preceding calendar year— in this paragraph, the Administrator may eligible entity if the eligible entity is cer- ‘‘(aa) had gross receipts as described in guarantee covered loans made to eligible en- tified by the Administrator and the Sec- paragraph (36)(A)(xiii)(II); and tities— retary as economically distressed based on

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.037 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4742 CONGRESSIONAL RECORD — SENATE August 4, 2020 publicly available criteria established by the more than 10 percent of the total activities tion 1129(a)(9)(A) of this title and subsection Administrator. of the organization; (e) of this section, a plan that provides for ‘‘(vi) LIMITATION ON CHANGES IN TERMS.— ‘‘(cc) the destination marketing organiza- payment of a claim of a kind specified in sec- Notwithstanding any other provision of this tion employs not more than 150 employees; tion 503(b)(10) of this title may be confirmed subsection, for a covered loan, the Adminis- and under subsection (b) of this section if the trator shall not approve any increase in loan ‘‘(dd) the destination marketing organiza- plan proposes to make payments on account amount or change in guaranty percentage, tion— of such claim when due under the terms of interest rate, interest accrual method, or ‘‘(AA) is described in section 501(c) of the the loan giving rise to such claim.’’. maturity, except for such changes as may be Internal Revenue Code and is exempt from (4) CONFIRMATION OF PLAN FOR FAMILY necessary for prepayment and the deferment taxation under section 501(a) of such Code; or FARMERS AND FISHERMEN.—Section 1225 of of payment under clause (v). ‘‘(BB) is a quasi-governmental entity or is title 11, United States Code, is amended by ‘‘(I) PROHIBITION ON USE OF PROCEEDS FOR a political subdivision of a State or local adding at the end the following: DISASTER LOANS.—An eligible entity shall not government, including any instrumentality ‘‘(d) Notwithstanding section 1222(a)(2) of use the proceeds of a covered loan to refi- of those entities.’’. this title and subsection (b)(1) of this sec- nance any loan made under subsection (b). (q) PROHIBITION ON USE OF LOAN PROCEEDS tion, a plan that provides for payment of a ‘‘(J) SECONDARY MARKET.—In order to in- FOR LOBBYING ACTIVITIES.—Section claim of a kind specified in section 503(b)(10) crease the liquidity of the secondary market 7(a)(36)(F) of the Small Business Act (15 of this title may be confirmed if the plan for covered loans, the Administrator shall, U.S.C. 636(a)(36)(F)) is amended by adding at proposes to make payments on account of not later than 60 days after the date of en- the end the following: such claim when due under the terms of the actment of this paragraph, substantially re- ‘‘(vi) PROHIBITION.—None of the proceeds of loan giving rise to such claim.’’. duce barriers to the sale of covered loans on a covered loan may be used for— (5) CONFIRMATION OF PLAN FOR INDIVID- the secondary market. ‘‘(I) lobbying activities, as defined in sec- UALS.—Section 1325 of title 11, United States ‘‘(K) LENDER ELIGIBILITY.—In order to in- tion 3 of the Lobbying Disclosure Act of 1995 Code, is amended by adding at the end the crease access to and the equitable distribu- (2 U.S.C. 1602); following: tion of covered loans, the Administrator ‘‘(II) lobbying expenditures related to a ‘‘(d) Notwithstanding section 1322(a)(2) of shall establish a process by which a lender State or local election; or this title and subsection (b)(1) of this sec- approved to make loans under paragraph (36) ‘‘(III) expenditures designed to influence tion, a plan that provides for payment of a claim of a kind specified in section 503(b)(10) may make covered loans. the enactment of legislation, appropriations, of this title may be confirmed if the plan ‘‘(L) REIMBURSEMENT FOR LOAN PROCESSING regulation, administrative action, or Execu- proposes to make payments on account of AND SERVICING.—The Administrator shall re- tive order proposed or pending before Con- such claim when due under the terms of the imburse a lender authorized to make a cov- gress or any State government, State legis- loan giving rise to such claim.’’. ered loan in an amount that is— lature, or local legislature or legislative (6) EFFECTIVE DATE; SUNSET.— ‘‘(i) 3 percent of the principal amount of body.’’. (A) EFFECTIVE DATE.—The amendments the financing of the covered loan up to (r) EFFECTIVE DATE; APPLICABILITY.—The $350,000; and amendments made to paragraph (36) of sec- made by paragraphs (1) through (5) shall— ‘‘(ii) 1 percent of the principal amount of tion 7(a) of the Small Business Act (15 U.S.C. (i) take effect on the date on which the Ad- the financing of the covered loan above 636(a)) and title I of the CARES Act (Public ministrator submits to the Director of the $350,000, if applicable. Law 116–136) under this section shall be effec- Executive Office for United States Trustees a ‘‘(M) STANDARD OPERATING PROCEDURE.— tive as if included in the CARES Act and written determination that, subject to satis- The Administrator shall, to the maximum shall apply to any loan made pursuant to fying any other eligibility requirements, any extent practicable, allow a lender approved section 7(a)(36) of the Small Business Act (15 debtor in possession or trustee that is au- to make covered loans to use existing pro- U.S.C. 636(a)(36)). thorized to operate the business of the debt- gram guidance and standard operating proce- (s) BANKRUPTCY PROVISIONS.— or under section 1183, 1184, 1203, 1204, or 1304 dures for loans made under this subsection.’’. (1) IN GENERAL.—Section 364 of title 11, of title 11, United States Code, would be eli- (p) ELIGIBILITY OF 501(C)(6) ORGANIZATIONS United States Code, is amended by adding at gible for a loan under paragraphs (36) and (37) FOR LOANS UNDER THE PAYCHECK PROTECTION the end the following: of section 7(a) of the Small Business Act (15 PROGRAM.—Section 7(a)(36)(D) of the Small ‘‘(g)(1) The court, after notice and a hear- U.S.C. 636(a)); and Business Act (15 U.S.C. 636(a)(36)(D)) is ing, may authorize a debtor in possession or (ii) apply to any case pending on or com- amended— a trustee that is authorized to operate the menced on or after the date described in (1) in clause (v), by inserting ‘‘or whether business of the debtor under section 1183, clause (i). an organization described in clause (vii) em- 1184, 1203, 1204, or 1304 of this title to obtain (B) SUNSET.— ploys not more than 150 employees,’’ after a loan under paragraph (36) or (37) of section (i) IN GENERAL.—If the amendments made ‘‘clause (i)(I),’’; 7(a) of the Small Business Act (15 U.S.C. by this subsection take effect under subpara- (2) in clause (vi), by inserting ‘‘, an organi- 636(a)), and such loan shall be treated as a graph (A), effective on the date that is 2 zation described in clause (vii),’’ after ‘‘non- debt to the extent the loan is not forgiven in years after the date of enactment of this profit organization’’; and accordance with section 1106 of the CARES Act— (3) by adding at the end the following: Act (15 U.S.C. 9005) or subparagraph (H) of (I) section 364 of title 11, United States ‘‘(vii) ELIGIBILITY FOR CERTAIN 501(C)(6) OR- such paragraph (37), as applicable, with pri- Code, is amended by striking subsection (g); GANIZATIONS.— ority equal to a claim of the kind specified (II) section 503(b) of title 11, United States ‘‘(I) IN GENERAL.—Except as provided in in subsection (c)(1) of this section. Code, is amended— subclause (II), any organization that is de- ‘‘(2) The trustee may incur debt described (aa) in paragraph (8)(B), by adding ‘‘and’’ scribed in section 501(c)(6) of the Internal in paragraph (1) notwithstanding any provi- at the end; Revenue Code and that is exempt from tax- sion in a contract, prior order authorizing (bb) in paragraph (9), by striking ‘‘; and’’ at ation under section 501(a) of such Code (ex- the trustee to incur debt under this section, the end and inserting a period; and cluding professional sports leagues and orga- prior order authorizing the trustee to use (cc) by striking paragraph (10); nizations with the purpose of promoting or cash collateral under section 363, or applica- (III) section 1191 of title 11, United States participating in a political campaign or ble law that prohibits the debtor from incur- Code, is amended by striking subsection (f); other activity) shall be eligible to receive a ring additional debt. (IV) section 1225 of title 11, United States covered loan if— ‘‘(3) The court shall hold a hearing within Code, is amended by striking subsection (d); ‘‘(aa) the organization does not receive 7 days after the filing and service of the mo- and more than 10 percent of its receipts from lob- tion to obtain a loan described in paragraph (V) section 1325 of title 11, United States bying activities; (1).’’. Code, is amended by striking subsection (d). ‘‘(bb) the lobbying activities of the organi- (2) ALLOWANCE OF ADMINISTRATIVE EX- (ii) APPLICABILITY.—Notwithstanding the zation do not comprise more than 10 percent PENSES.—Section 503(b) of title 11, United amendments made by clause (i) of this sub- of the total activities of the organization; States Code, is amended— paragraph, if the amendments made by para- and (A) in paragraph (8)(B), by striking ‘‘and’’ graphs (1), (2), (3), (4), and (5) take effect ‘‘(cc) the organization employs not more at the end; under subparagraph (A) of this paragraph, than 150 employees. (B) in paragraph (9), by striking the period such amendments shall apply to any case ‘‘(II) DESTINATION MARKETING ORGANIZA- at the end and inserting ‘‘; and’’; and under title 11, United States Code, com- TIONS.—Notwithstanding subclause (I), dur- (C) by adding at the end the following: menced before the date that is 2 years after ing the covered period, any destination mar- ‘‘(10) any debt incurred under section the date of enactment of this Act. keting organization shall be eligible to re- 364(g)(1) of this title.’’. (t) OVERSIGHT.— ceive a covered loan if— (3) CONFIRMATION OF PLAN FOR REORGANIZA- (1) COMPLIANCE WITH OVERSIGHT REQUIRE- ‘‘(aa) the destination marketing organiza- TION.—Section 1191 of title 11, United States MENTS.— tion does not receive more than 10 percent of Code, is amended by adding at the end the (A) IN GENERAL.—Except as provided in its receipts from lobbying activities; following: subparagraph (B), on and after the date of ‘‘(bb) the lobbying activities of the destina- ‘‘(f) SPECIAL PROVISION RELATED TO enactment of this Act, the Administrator tion marketing organization do not comprise COVID–19 PANDEMIC.—Notwithstanding sec- shall comply with any data or information

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requests or inquiries made by the Comp- proved, disclose to the Administrator wheth- ‘‘(b) ESTABLISHMENT.— troller General of the United States not later er the entity is a covered entity. ‘‘(1) FACILITY.—The Administrator shall es- than 30 days (or such later date as the Comp- (3) APPLICABILITY.—The requirement under tablish and carry out a facility to improve troller General may specify) after receiving paragraph (2)— the recovery of eligible small business con- the request or inquiry. (A) shall apply with respect to any trans- cerns from the COVID–19 pandemic, increase (B) EXCEPTION.—If the Administrator is un- action made under paragraph (36), (37), or (38) resiliency in the manufacturing supply chain able to comply with a request or inquiry de- of section 7(a) of the Small Business Act (15 of eligible small business concerns, and in- scribed in subparagraph (A) within the 30- U.S.C. 636(a)), as added and amended by this crease the economic development of small day period or, if applicable, later period de- section, on or after the date of enactment of business low-income census tracts by pro- scribed in that clause, the Administrator this Act; and viding financial assistance to participating shall, during that 30-day (or later) period, (B) shall not apply with respect to— investment companies that facilitate equity submit to the Committee on Small Business (i) any transaction described in subpara- financings to eligible small business con- and Entrepreneurship of the Senate and the graph (A) that was made before the date of cerns in accordance with this section. Committee on Small Business of the House enactment of this Act; or ‘‘(2) ADMINISTRATION OF FACILITY.—The fa- of Representatives a notification that in- (ii) forgiveness under section 1106 of the cility shall be administered by the Adminis- cludes a detailed justification for the inabil- CARES Act (15 U.S.C. 9005) or any other pro- trator acting through the Associate Admin- ity of the Administrator to comply with the vision of law of any loan associated with any istrator described in section 201. request or inquiry. transaction described in subparagraph (A) ‘‘(c) APPLICATIONS.— (2) TESTIMONY.—Not later than the date that was made before the date of enactment ‘‘(1) IN GENERAL.—Any small business in- that is 30 days after the date of enactment of of this Act. vestment company may submit to the Ad- (v) SMALL BUSINESS INVESTMENT COMPANY this Act, and every quarter thereafter until ministrator an application to participate in PROGRAM.— the date that is 2 years after the date of en- the facility. (1) IN GENERAL.—Part A of title III of the actment of this Act, the Administrator and ‘‘(2) REQUIREMENTS FOR APPLICATION.—An Small Business Investment Act of 1958 (15 the Secretary of the Treasury shall testify application to participate in the facility U.S.C. 681 et seq.) is amended— before the Committee on Small Business and shall include the following: (A) in section 302(a) (15 U.S.C. 682(a))— Entrepreneurship of the Senate and the Com- ‘‘(A) A business plan describing how the (i) in paragraph (1)— mittee on Small Business of the House of applicant intends to make successful equity Representatives regarding implementation (I) in subparagraph (A), by striking ‘‘or’’ at the end; investments in eligible small business con- of this section and the amendments made by (II) in subparagraph (B), by striking the pe- cerns. this section. riod at the end and inserting ‘‘; or’’; and ‘‘(B) Information regarding the relevant in- (u) CONFLICTS OF INTEREST.— (III) by adding at the end the following: vestment qualifications and backgrounds of (1) DEFINITIONS.—In this subsection: ‘‘(C) $20,000,000, adjusted every 5 years for the individuals responsible for the manage- (A) CONTROLLING INTEREST.—The term inflation, with respect to each licensee au- ment of the applicant. ‘‘controlling interest’’ means owning, con- thorized or seeking authority to sell bonds ‘‘(C) A description of the extent to which trolling, or holding not less than 20 percent, to Administration as a participating invest- the applicant meets the selection criteria by vote or value, of the outstanding amount ment company under section 321.’’; and under subsection (d)(2). of any class of equity interest in an entity. (B) by adding at the end the following: ‘‘(3) EXCEPTIONS TO APPLICATION FOR NEW LICENSEES (B) COVERED ENTITY.— ‘‘SEC. 321. SMALL BUSINESS AND DOMESTIC PRO- .—Not later than 90 days after the (i) DEFINITION.—The term ‘‘covered entity’’ DUCTION RECOVERY INVESTMENT date of enactment of this section, the Ad- means an entity in which a covered indi- FACILITY. ministrator shall reduce requirements for vidual directly or indirectly holds a control- ‘‘(a) DEFINITIONS.—In this section: applicants applying to operate as a partici- ling interest. ‘‘(1) ELIGIBLE SMALL BUSINESS CONCERN.— pating investment company under this sec- (ii) TREATMENT OF SECURITIES.—For the The term ‘eligible small business concern’— tion in order to encourage the participation purpose of determining whether an entity is ‘‘(A) means a small business concern that— of new small business investment companies a covered entity, the securities owned, con- ‘‘(i) meets the revenue reduction require- in the facility under this section, which may trolled, or held by 2 or more individuals who ments established by paragraph include the requirements established under are related as described in subparagraph (37)(A)(v)(I)(cc) of section 7(a) of the Small part 107 of title 13, Code of Federal Regula- (C)(ii) shall be aggregated. Business Act (15 U.S.C. 636(a)); tions, or any successor regulation, relating (C) COVERED INDIVIDUAL.—The term ‘‘cov- ‘‘(ii) is a manufacturing business that is to— ered individual’’ means— assigned a North American Industry Classi- ‘‘(A) the approval of initial management (i) the President, the Vice President, the fication System code beginning with 31, 32, expenses; head of an Executive department, or a Mem- or 33 at the time at which the small business ‘‘(B) the management ownership diversity ber of Congress; and concern receives an investment from a par- requirement; (ii) the spouse, child, son-in-law, or daugh- ticipating investment company under the fa- ‘‘(C) the disclosure of general compen- ter-in-law, as determined under applicable cility; or satory practices and fee structures; or common law, of an individual described in ‘‘(iii) is located in a small business low-in- ‘‘(D) any other requirement that the Ad- clause (i). come census tract; and ministrator determines to be an obstacle to (D) EXECUTIVE DEPARTMENT.—The term ‘‘(B) does not include an entity described achieving the purposes described in this ‘‘Executive department’’ has the meaning in paragraph (37)(A)(v)(II) of such section paragraph. given the term in section 101 of title 5, 7(a). ‘‘(d) SELECTION OF PARTICIPATING INVEST- United States Code. ‘‘(2) FACILITY.—The term ‘facility’ means MENT COMPANIES.— (E) MEMBER OF CONGRESS.—The term the facility established under subsection (b). ‘‘(1) DETERMINATION.— ‘‘Member of Congress’’ means a Member of ‘‘(3) FUND.—The term ‘Fund’ means the ‘‘(A) IN GENERAL.—Except as provided in the Senate or House of Representatives, a fund established under subsection (h). paragraph (3), not later than 60 days after Delegate to the House of Representatives, ‘‘(4) PARTICIPATING INVESTMENT COMPANY.— the date on which the Administrator re- and the Resident Commissioner from Puerto The term ‘participating investment com- ceives an application under subsection (c), Rico. pany’ means a small business investment the Administrator shall— (F) EQUITY INTEREST.—The term ‘‘equity company approved under subsection (d) to ‘‘(i) make a final determination to approve interest’’ means— participate in the facility or disapprove such applicant to participate (i) a share in an entity, without regard to ‘‘(5) PROTE´ GE´ INVESTMENT COMPANY.—The in the facility; and whether the share is— term ‘prote´ge´ investment company’ means a ‘‘(ii) transmit the determination to the ap- (I) transferable; or small business investment company that— plicant in writing. (II) classified as stock or anything similar; ‘‘(A) is majority managed by new, inexperi- ‘‘(B) COMMITMENT AMOUNT.—Except as pro- (ii) a capital or profit interest in a limited enced, or otherwise underrepresented fund vided in paragraph (3), at the time of ap- liability company or partnership; or managers; and proval of an applicant, the Administrator (iii) a warrant or right, other than a right ‘‘(B) elects and is selected by the Adminis- shall make a determination of the amount of to convert, to purchase, sell, or subscribe to tration to participate in the pathway- the commitment that may be awarded to the a share or interest described in clause (i) or prote´ge´ program under subsection (g). applicant under this section. (ii), respectively. ‘‘(6) SMALL BUSINESS CONCERN.—The term ‘‘(2) SELECTION CRITERIA.—In making a de- (2) REQUIREMENT.—The principal executive ‘small business concern’ has the meaning termination under paragraph (1), the Admin- officer and the principal financial officer, or given the term in section 3(a) of the Small istrator shall consider— individuals performing similar functions, of Business Act (15 U.S.C. 632(a)). ‘‘(A) the probability that the investment an entity seeking to enter a transaction ‘‘(7) SMALL BUSINESS LOW-INCOME CENSUS strategy of the applicant will successfully made under paragraph (36), (37), or (38) of sec- TRACT.—The term ‘small business low-in- repay any financial assistance provided by tion 7(a) of the Small Business Act (15 U.S.C. come census tract’ has the meaning given the Administration, including the prob- 636(a)), as added and amended by this sec- the term in section 7(a)(38)(A) of the Small ability of a return significantly in excess tion, shall, before that transaction is ap- Business Act. thereof;

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‘‘(B) the probability that the investments ‘‘(I) shall be determined at the time of ap- ‘‘(A) DISTRIBUTIONS.—As a condition of re- made by the applicant will— proval under subsection (d); and ceiving a commitment under the facility, a ‘‘(i) provide capital to eligible small busi- ‘‘(II) without the approval of the Adminis- participating investment company shall ness concerns; or tration, shall not be revised, including to re- make all distributions to the Administrator ‘‘(ii) create or preserve jobs in the United flect subsequent distributions of profits, re- in the same form and in a manner as are States; turns of capital, or repayments of bonds, or made to investors, or otherwise at a time ‘‘(C) the probability that the applicant will otherwise. and in a manner consistent with regulations meet the objectives in the business plan of ‘‘(C) PROFIT SHARING PERFORMANCE COM- or policies of the Administration. the applicant, including the financial goals, PENSATION.— ‘‘(B) ALLOCATIONS.—A participating invest- and, if applicable, the pathway-prote´ge´ pro- ‘‘(i) RECEIPT BY ADMINISTRATION.—The Ad- ment company shall make allocations of in- gram in accordance with subsection (g); and ministration shall receive a share of profits come, gain, loss, deduction, and credit to the ‘‘(D) the probability that the applicant will of not more than 2 percent, which shall be Administrator with respect to any out- assist eligible small business concerns in deposited into the Fund and be available to standing bonds as if the Administrator were achieving profitability. make commitments under this subsection. an investor. ‘‘(3) APPROVAL OF PARTICIPATING INVEST- ‘‘(ii) RECEIPT BY MANAGERS.—The managers ‘‘(2) FEES.—The Administrator may not MENT COMPANIES.— of the participating investment company charge fees for participating investment ‘‘(A) PROVISIONAL APPROVAL.— may receive a maximum profit sharing per- companies other than examination fees that ‘‘(i) IN GENERAL.—Notwithstanding para- formance compensation of 25 percent minus are consistent with the license of the partici- graph (1), with respect to an application sub- the share of profits paid to the Administra- pating investment company. mitted by an applicant to operate as a par- tion under clause (i). ‘‘(3) BIFURCATION.—Losses on bonds issued ticipating investment company under this ‘‘(D) PROHIBITION ON DISTRIBUTIONS.—No by participating investment companies shall section, the Administrator may provide pro- distributions on capital, including profit dis- not be offset by fees or any other charges on visional approval for the applicant in lieu of tributions, shall be made by the partici- debenture small business investment compa- a final determination of approval and deter- pating investment company to the investors nies. mination of the amount of the commitment or managers of the participating investment ‘‘(g) PROTE´ GE´ PROGRAM.—The Adminis- under that paragraph. company until the Administration has re- trator shall establish a pathway-prote´ge´ pro- ‘‘(ii) PURPOSE.—The purpose of a provi- ceived payment of all accrued interest on the gram in which a prote´ge´ investment com- sional approval under clause (i) is to— bond committed under this section. pany may receive technical assistance and ‘‘(I) encourage applications from invest- ‘‘(E) REPAYMENT OF PRINCIPAL.—Except as program support from a participating investment companies with an investment man- described in subparagraph (F), repayments of ment company on a voluntary basis and date from the committed private market principal of the bond of a participating in- without penalty for non-participation. capital of the investment company that does vestment company shall be— ‘‘(h) LOSS LIMITING FUND.— not conform to the requirements described in ‘‘(i) made at the same time as returns of ‘‘(1) IN GENERAL.—There is established in this section at the time of application; private capital; and the Treasury a fund for making commit- ‘‘(II) allow the applicant to more effec- ‘‘(ii) in amounts equal to the pro rata ments and purchasing bonds with equity fea- tively raise capital commitments in the pri- share of the Administration of the total tures under the facility and receiving capital vate markets by referencing the intent of amount being repaid or returned at such returned by participating investment compa- the Administrator to award the applicant a time. nies. commitment; and ‘‘(F) LIQUIDATION OR DEFAULT.—Upon any ‘‘(2) USE OF FUNDS.—Amounts appropriated ‘‘(III) allow the applicant to more precisely liquidation event or default, as defined by to the Fund or deposited in the Fund under request the desired amount of commitment the Administration, any unpaid principal or paragraph (3) shall be available to the Ad- pending the securing of capital from private accrued interest on the bond shall— ministrator, without further appropriation, market investors. ‘‘(i) have a priority over all equity of the for making commitments and purchasing ‘‘(iii) LIMIT ON PERIOD OF THE TIME.—The participating investment company; and bonds under the facility and expenses and period between a provisional approval under ‘‘(ii) be paid before any return of equity or payments, excluding administrative ex- clause (i) and the final determination of ap- any other distributions to the investors or penses, relating to the operations of the Ad- proval under paragraph (1) shall not exceed managers of the participating investment ministrator under the facility. 12 months. company. ‘‘(3) DEPOSITING OF AMOUNTS.— ‘‘(e) COMMITMENTS AND SBIC BONDS.— ‘‘(3) AMOUNT OF COMMITMENTS AND PUR- ‘‘(A) IN GENERAL.—All amounts received by ‘‘(1) IN GENERAL.—The Administrator may, CHASES.— the Administrator from a participating in- out of amounts available in the Fund, pur- ‘‘(A) MAXIMUM AMOUNT.—The maximum vestment company relating to the facility, chase or commit to purchase from a partici- amount of outstanding bonds and commit- including any moneys, property, or assets pating investment company 1 or more accru- ments to purchase bonds for any partici- derived by the Administrator from oper- ing bonds that include equity features as de- pating investment company under the facil- ations in connection with the facility, shall scribed in this subsection. ity shall be the lesser of— be deposited in the Fund. ‘‘(2) BOND TERMS.—A bond purchased by the ‘‘(i) twice the amount of the regulatory ‘‘(B) PERIOD OF AVAILABILITY.—Amounts Administrator from a participating invest- capital of the participating investment com- deposited under subparagraph (A) shall re- ment company under this subsection shall pany; or main available until expended. have the following terms and conditions: ‘‘(ii) $200,000,000. ‘‘(i) APPLICATION OF OTHER SECTIONS.—To ‘‘(A) TERM AND INTEREST.— ‘‘(4) COMMITMENT PROCESS.—Commitments the extent not inconsistent with require- ‘‘(i) IN GENERAL.—The bond shall be issued by the Administration to purchase bonds ments under this section, the Administrator for a term of not less than 15 years and shall under the facility shall remain available to may apply sections 309, 311, 312, 313, and 314 bear interest at a rate determined by the Ad- be sold by a participating investment com- to activities under this section and an offi- ministrator of not more than 2 percent. pany until the end of the fourth fiscal year cer, director, employee, agent, or other par- ‘‘(ii) ACCRUAL OF INTEREST.—Interest on following the year in which the commitment ticipant in a participating investment com- the bond shall accrue and shall be payable in is made, subject to review and approval by pany shall be subject to the requirements accordance with subparagraph (D). the Administration based on regulatory com- under such sections. ‘‘(iii) PREPAYMENT.—The bond shall be pliance, financial status, change in manage- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— prepayable without penalty after the end of ment, deviation from business plan, and such There is authorized to be appropriated for the 1-year period beginning on the date on other limitations as may be determined by the first fiscal year beginning after the date which the bond was purchased. the Administration by regulation or other- of enactment of this part $10,000,000,000 to ‘‘(B) PROFITS.— wise. carry out the facility. Amounts appropriated ‘‘(i) IN GENERAL.—The Administration shall ‘‘(5) COMMITMENT CONDITIONS.— pursuant to this subsection shall remain be entitled to receive a share of the profits ‘‘(A) IN GENERAL.—As a condition of receiv- available until the end of the second fiscal net of any profit sharing performance coming a commitment under the facility, not year beginning after the date of enactment pensation of the participating investment less than 50 percent of amounts invested by of this section.’’. company equal to the quotient obtained by the participating investment company shall (2) APPROVAL OF BANK-OWNED, NON-LEVER- dividing— be invested in eligible small business con- AGED APPLICANTS.—Section 301(c)(2) of the ‘‘(I) one-third of the commitment that the cerns. Small Business Investment Act of 1958 (15 participating investment company is ap- ‘‘(B) EXAMINATIONS.—In addition to the U.S.C. 681(c)(2)) is amended— proved for under subsection (d); by matters set forth in section 310(c), the Ad- (A) in subparagraph (B), in the matter pre- ‘‘(II) the commitment approved under sub- ministration shall examine each partici- ceding clause (i), by striking ‘‘Within’’ and section (d) plus the regulatory capital of the pating investment company in such detail so inserting ‘‘Except as provided in subpara- participating investment company at the as to determine whether the participating graph (C), within’’; and time of approval under that subsection. investment company has complied with the (B) by adding at the end the following: ‘‘(ii) DETERMINATION OF PERCENTAGE.—The requirements under this subsection. ‘‘(C) EXCEPTION FOR BANK-OWNED, NON-LE- share to which the Administration is enti- ‘‘(f) DISTRIBUTIONS AND FEES.— VERAGED APPLICANTS.—Notwithstanding sub- tled under clause (i)— ‘‘(1) DISTRIBUTION REQUIREMENTS.— paragraph (B), not later than 45 days after

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.037 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4745 the date on which the Administrator re- Sector Loans’’ for the cost of guaranteed ‘‘(XI) covered worker protection expendi- ceives a completed application submitted by loans as authorized under paragraph (38) of tures, as defined in such section 1106(a).’’. a bank-owned, non-leveraged applicant in ac- section 7(a) of the Small Business Act (15 (2) LOAN FORGIVENESS.—Section 1106 of the cordance with this subsection and in accord- U.S.C. 636(a)), as added by this section; and CARES Act (15 U.S.C. 9005) is amended— ance with such requirements as the Adminis- (III) $10,000,000 under the heading under the (A) in subsection (a)— trator may prescribe by regulation, the Ad- heading ‘‘Department of Commerce—Minor- (i) by redesignating paragraphs (6), (7), and ministrator shall— ity Business Development Agency’’ for mi- (8) as paragraphs (10), (11), and (12), respec- ‘‘(i) review the application in its entirety; nority business centers of the Minority Busi- tively; and ness Development Agency to provide tech- (ii) by redesignating paragraph (5) as para- ‘‘(ii)(I) approve the application and issue a nical assistance to small business concerns; graph (8); license for such operation to the applicant if and (iii) by redesignating paragraph (4) as para- the requirements of this section are satis- (ii) to remain available until September 30, graph (6); fied; or 2023, $10,000,000,000 under the heading ‘‘Small (iv) by redesignating paragraph (3) as para- ‘‘(II) disapprove the application and notify Business Administration—SBIC’’ to carry graph (4); the applicant in writing of the disapproval.’’. out part D of title III of the Small Business (v) by inserting after paragraph (2) the fol- (3) ELECTRONIC SUBMISSIONS.—Part A of Investment Act of 1958 (15 U.S.C. 681 et seq.), lowing: title III of the Small Business Investment as added by this section. ‘‘(3) the term ‘covered operations expendi- Act of 1958 (15 U.S.C. 681 et seq.), as amended (C) AVAILABILITY OF AMOUNTS APPRO- ture’ means a payment for any business soft- by paragraph (1) of this subsection, is amend- PRIATED FOR THE OFFICE OF INSPECTOR GEN- ware or cloud computing service that facili- ERAL.—Section 1107(a)(3) of the CARES Act ed by adding at the end the following: tates business operations, product or service (15 U.S.C. 9006(a)(3)) is amended by striking ‘‘SEC. 322. ELECTRONIC SUBMISSIONS. delivery, the processing, payment, or track- ‘‘September 20, 2024’’ and inserting ‘‘ex- ‘‘The Administration shall permit any doc- ing of payroll expenses, human resources, pended’’. ument submitted under this title, or pursu- sales and billing functions, or accounting or (x) EMERGENCY DESIGNATION.— ant to a regulation carrying out this title, to tracking of supplies, inventory, records and (1) IN GENERAL.—The amounts provided be submitted electronically, including by expenses;’’; permitting an electronic signature for any under this section are designated as an emergency requirement pursuant to section 4(g) (vi) by inserting after paragraph (4), as so signature that is required on such a docu- redesignated, the following: ment.’’. of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). ‘‘(5) the term ‘covered property damage (w) COMMITMENT AUTHORITY AND APPRO- (2) DESIGNATION IN SENATE.—In the Senate, cost’ means a cost related to property dam- PRIATIONS.— this section is designated as an emergency age and vandalism or looting due to public (1) COMMITMENT AUTHORITY.— requirement pursuant to section 4112(a) of H. disturbances that occurred during 2020 that (A) CARES ACT AMENDMENTS.—Section was not covered by insurance or other com- 1102(b) of the CARES Act (Public Law 116– Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. pensation;’’; 136) is amended— (vii) by inserting after paragraph (6), as so (i) in paragraph (1)— SA 2506. Mr. RUBIO (for himself and redesignated, the following: (I) in the paragraph heading, by inserting Ms. COLLINS) submitted an amendment ‘‘(5) the term ‘covered supplier cost’ means ‘‘AND SECOND DRAW’’ after ‘‘PPP’’; intended to be proposed by him to the an expenditure made by an entity to a sup- (II) by striking ‘‘August 8, 2020’’ and insert- plier of goods pursuant to a contract in ef- ing ‘‘December 31, 2020’’; bill S. 178, to condemn gross human rights violations of ethnic Turkic Mus- fect before February 15, 2020 for the supply of (III) by striking ‘‘paragraph (36)’’ and in- goods that are essential to the operations of lims in Xinjiang, and calling for an end serting ‘‘paragraphs (36) and (37)’’; and the entity at the time at which the expendi- (IV) by striking ‘‘$659,000,000,000’’ and in- to arbitrary detention, torture, and ture is made;’’; serting ‘‘$748,990,000,000’’; and harassment of these communities in- (viii) by inserting after paragraph (8), as so (ii) by amending paragraph (2) to read as side and outside China; which was or- redesignated, the following: follows: dered to lie on the table; as follows: ‘‘(9) the term ‘covered worker protection ‘‘(B) OTHER 7(A) LOANS.—During fiscal year At the appropriate place, insert the fol- expenditure’— 2020, the amount authorized for commit- lowing: ‘‘(A) means an operating or a capital ex- ments for section 7(a) of the Small Business penditure that is required to facilitate the Act (15 U.S.C. 636(a)) under the heading SEC. ll. SMALL BUSINESS RECOVERY. (a) SHORT TITLE.—This section may be adaptation of the business activities of an ‘Small Business Administration—Business cited as the ‘‘Continuing Small Business Re- entity to comply with requirements estab- Loans Program Account’ in the Financial covery and Paycheck Protection Program lished or guidance issued by the Department Services and General Government Appropria- Act’’. tions Act, 2020 (division C of Public Law 116– of Health and Human Services, the Centers (b) DEFINITIONS.—In this section: 193) shall apply with respect to any commit- for Disease Control, or the Occupational (1) ADMINISTRATION; ADMINISTRATOR.—The ments under such section 7(a) other than Safety and Health Administration during the terms ‘‘Administration’’ and ‘‘Adminis- period beginning on March 1, 2020 and ending under paragraphs (36), (37), and (38) of such trator’’ mean the Small Business Adminis- section 7(a).’’. December 31, 2020 related to the maintenance tration and the Administrator thereof, re- of standards for sanitation, social (B) RECOVERY SECTOR LOANS.—During the spectively. period beginning on the date of enactment of distancing, or any other worker or customer (2) SMALL BUSINESS CONCERN.—The term safety requirement related to COVID–19; this Act and ending on December 31, 2020, the ‘‘small business concern’’ has the meaning amount authorized for commitments under ‘‘(B) may include— given the term in section 3 of the Small ‘‘(i) the purchase, maintenance, or renova- paragraph (38) of section 7(a) of the Small Business Act (15 U.S.C. 632). Business Act (15 U.S.C. 636(a)), as added by tion of assets that create or expand— (c) EMERGENCY RULEMAKING AUTHORITY.— ‘‘(I) a drive-through window facility; this section, shall be $100,000,000,000. Not later than 30 days after the date of en- ‘‘(II) an indoor, outdoor, or combined air or (2) DIRECT APPROPRIATIONS.— actment of this Act, the Administrator shall air pressure ventilation or filtration system; (A) RESCISSION.—With respect to unobli- issue regulations to carry out this section gated balances under the heading ‘‘ ‘Small and the amendments made by this section ‘‘(III) a physical barrier such as a sneeze Business Administration—Business Loans without regard to the notice requirements guard; Program Account, CARES Act’’ as of the day under section 553(b) of title 5, United States ‘‘(IV) an indoor, outdoor, or combined com- before the date of enactment of this Act, Code. mercial real property; $100,000,000,000 shall be rescinded and depos- (d) ADDITIONAL ELIGIBLE EXPENSES.— ‘‘(V) an onsite or offsite health screening ited into the general fund of the Treasury. (1) ALLOWABLE USE OF PPP LOAN.—Section capability; or (B) NEW DIRECT APPROPRIATIONS.—There is 7(a)(36)(F)(i) of the Small Business Act (15 ‘‘(VI) other assets relating to the compli- appropriated, out of amounts in the Treas- U.S.C. 636(a)(36)(F)(i)) is amended— ance with the requirements or guidance de- ury not otherwise appropriated, for the fiscal (A) in subclause (VI), by striking ‘‘and’’ at scribed in subparagraph (A), as determined year ending September 30, 2020— the end; by the Administrator in consultation with (i) to remain available until September 30, (B) in subclause (VII), by striking the pe- the Secretary of Health and Human Services 2021, for additional amounts— riod at the end and inserting a semicolon; and the Secretary of Labor; and (I) $189,990,000,000 under the heading and ‘‘(ii) the purchase of— ‘‘Small Business Administration—Business (C) by adding at the end the following: ‘‘(I) covered materials described in section Loans Program Account, CARES Act’’ for ‘‘(VIII) covered operations expenditures, as 328.103(a) of title 44, Code of Federal Regula- the cost of guaranteed loans as authorized defined in section 1106(a) of the CARES Act tions, or any successor regulation; under paragraph (36) and (37) of section 7(a) (15 U.S.C. 9005(a)); ‘‘(II) particulate filtering facepiece res- of the Small Business Act (15 U.S.C. 636(a)), ‘‘(IX) covered property damage costs, as pirators approved by the National Institute as amended and added by this section; defined in such section 1106(a); for Occupational Safety and Health, includ- (II) $57,700,000,000 under the heading ‘‘(X) covered supplier costs, as defined in ing those approved only for emergency use ‘‘Small Business Administration—Recovery such section 1106(a); and authorization; or

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.037 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4746 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(III) other kinds of personal protective ‘‘(i) beginning on the date that is 8 weeks ble loan or loan forgiveness requirements, equipment, as determined by the Adminis- after such date of origination; and modify— trator in consultation with the Secretary of ‘‘(ii) ending on December 31, 2020;’’; and ‘‘(I) the amount of a covered loan described Health and Human Services and the Sec- (2) by striking subsection (l). in subparagraph (A); or retary of Labor; and (g) SIMPLIFIED APPLICATION.—Section 1106 ‘‘(II) the loan forgiveness amount with re- ‘‘(C) does not include residential real prop- of the CARES Act (15 U.S.C. 9005), as amend- spect to a covered loan described in subpara- erty or intangible property;’’; and ed by subsection (f) of this section, is amend- graph (A). (ix) in paragraph (11), as so redesignated— ed— ‘‘(3) AUDIT PLAN.— (I) in subparagraph (C), by striking ‘‘and’’ (1) in subsection (e), in the matter pre- ‘‘(A) IN GENERAL.—Not later than 30 days at the end; ceding paragraph (1), by striking ‘‘An eligi- after the date of enactment of the Con- (II) in subparagraph (D), by striking ‘‘and’’ ble’’ and inserting ‘‘Except as provided in tinuing Small Business Recovery and Pay- at the end; and subsection (l), an eligible’’; check Protection Program Act, the Adminis- (III) by adding at the end the following: (2) in subsection (f), by inserting ‘‘or the trator shall submit to the Committee on ‘‘(E) covered operations expenditures; information required under subsection (l), as Small Business and Entrepreneurship of the ‘‘(F) covered property damage costs; applicable’’ after ‘‘subsection (e)’’; and Senate and the Committee on Small Busi- ‘‘(G) covered supplier costs; and (3) by adding at the end the following: ness of the House of Representatives an ‘‘(H) covered worker protection expendi- ‘‘(l) SIMPLIFIED APPLICATION.— audit plan that details— tures; and’’; ‘‘(1) COVERED LOANS UNDER $150,000.— ‘‘(i) the policies and procedures of the Ad- (B) in subsection (b), by adding at the end ‘‘(A) IN GENERAL.—Notwithstanding sub- ministrator for conducting reviews and au- the following: section (e), with respect to a covered loan dits of covered loans; and ‘‘(5) Any covered operations expenditure. made to an eligible recipient that is not ‘‘(ii) the metrics that the Administrator ‘‘(6) Any covered property damage cost. more than $150,000, the covered loan amount shall use to determine which covered loans ‘‘(7) Any covered supplier cost. shall be forgiven under this section if the eli- will be audited for each category of covered ‘‘(8) Any covered worker protection ex- gible recipient— loans described in paragraphs (1) and (2). penditure.’’; ‘‘(i) signs and submits to the lender an at- ‘‘(B) REPORTS.—Not later than 30 days (C) in subsection (d)(8), by inserting ‘‘any testation that the eligible recipient made a after the date on which the Administrator payment on any covered operations expendi- good faith effort to comply with the require- submits the audit plan required under sub- ture, any payment on any covered property ments under section 7(a)(36) of the Small paragraph (A), and each month thereafter, damage cost, any payment on any covered Business Act (15 U.S.C. 636(a)(36)); and the Administrator shall submit to the Com- supplier cost, any payment on any covered ‘‘(ii) for the 1-year period following sub- mittee on Small Business and Entrepreneur- worker protection expenditure,’’ after ‘‘rent mission of the attestation under clause (i), ship of the Senate and the Committee on obligation,’’; and retains records relevant to the attestation Small Business of the House of Representa- (D) in subsection (e)— that prove compliance with those require- tives a report on the review and audit activi- (i) in paragraph (2), by inserting ‘‘payments. ties of the Administrator under this sub- ments on covered operations expenditures, ‘‘(B) DEMOGRAPHIC INFORMATION.—An eligi- section, which shall include— payments on covered property damage costs, ble recipient of a covered loan described in ‘‘(i) the number of active reviews and au- payments on covered supplier costs, pay- subparagraph (A) may complete and submit dits; ments on covered worker protection expendi- any form related to borrower demographic ‘‘(ii) the number of reviews and audits that tures,’’ after ‘‘lease obligations,’’; and information. have been ongoing for more than 60 days; and (ii) in paragraph (3)(B), by inserting ‘‘make ‘‘(C) AUDIT.—The Administrator may— ‘‘(iii) any substantial changes made to the payments on covered operations expendi- ‘‘(i) review and audit covered loans de- audit plan submitted under subparagraph tures, make payments on covered property scribed in subparagraph (A); and (A).’’. damage costs, make payments on covered ‘‘(ii) in the case of fraud, ineligibility, or (h) GROUP INSURANCE PAYMENTS AS PAY- supplier costs, make payments on covered other material noncompliance with applica- ROLL COSTS.—Section worker protection expenditures,’’ after ‘‘rent ble loan or loan forgiveness requirements, 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Busi- obligation,’’. modify— ness Act (15 U.S.C. (e) LENDER SAFE HARBOR.—Subsection (h) ‘‘(I) the amount of a covered loan described 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by of section 1106 of the CARES Act (15 U.S.C. in subparagraph (A); or inserting ‘‘and other group insurance’’ before 9005) is amended to read as follows: ‘‘(II) the loan forgiveness amount with re- ‘‘benefits’’. ‘‘(h) HOLD HARMLESS.— spect to a covered loan described in subpara- (i) PAYCHECK PROTECTION PROGRAM SECOND ‘‘(1) IN GENERAL.—A lender may rely on graph (A). DRAW LOANS.—Section 7(a) of the Small any certification or documentation sub- ‘‘(2) COVERED LOANS BETWEEN $150,000 AND Business Act (15 U.S.C. 636(a)) is amended by mitted by an applicant for a covered loan or $2,000,000.— adding at the end the following: an eligible recipient of a covered loan that— ‘‘(A) IN GENERAL.—Notwithstanding sub- ‘‘(37) PAYCHECK PROTECTION PROGRAM SEC- ‘‘(A) is submitted pursuant to any statu- section (e), with respect to a covered loan OND DRAW LOANS.— tory requirement relating to covered loans made to an eligible recipient that is more ‘‘(A) DEFINITIONS.—In this paragraph— or any rule or guidance issued to carry out than $150,000 and not more than $2,000,000— ‘‘(i) the terms ‘community financial insti- any action relating to covered loans; and ‘‘(i) the eligible recipient seeking loan for- tutions’, ‘credit union’, ‘eligible self-em- ‘‘(B) attests that the applicant or eligible giveness under this section— ployed individual’, ‘insured depository insti- recipient, as applicable, has accurately ‘‘(I) is not required to submit the sup- tution’, ‘nonprofit organization’, ‘payroll verified any certification or documentation porting documentation described in para- costs’, ‘seasonal employer’, and ‘veterans or- provided to the lender. graph (1) or (2) of subsection (e) or the cer- ganization’ have the meanings given those ‘‘(2) NO ENFORCEMENT ACTION.—With re- tification described in subsection (e)(3)(A); terms in paragraph (36), except that ‘eligible spect to a lender that relies on a certifi- ‘‘(II) shall retain all relevant schedules, entity’ shall be substituted for ‘eligible re- cation or documentation described in para- worksheets, and supporting documentation cipient’ each place it appears in the defini- graph (1)— for the 3-year period following submission of tions of those terms; ‘‘(A) an enforcement action may not be the application for loan forgiveness; and ‘‘(ii) the term ‘covered loan’ means a loan taken against the lender acting in good faith ‘‘(III) may complete and submit any form made under this paragraph; relating to origination or forgiveness of a related to borrower demographic informa- ‘‘(iii) the terms ‘covered mortgage obliga- covered loan based on such reliance; and tion; tion’, ‘covered operating expenditure’, ‘cov- ‘‘(B) the lender acting in good faith shall ‘‘(ii) review by the lender of an application ered property damage cost’, ‘covered rent ob- not be subject to any penalties relating to submitted by the eligible recipient for loan ligation’, ‘covered supplier cost’, ‘covered origination or forgiveness of a covered loan forgiveness under this section shall be lim- utility payment’, and ‘covered worker pro- based on such reliance.’’. ited to whether the lender received a com- tection expenditure’ have the meanings (f) SELECTION OF COVERED PERIOD FOR FOR- plete application, with all fields completed, given those terms in section 1106(a) of the GIVENESS.—Section 1106 of the CARES Act initialed, or signed, as applicable; and CARES Act (15 U.S.C. 9005(a)); (15 U.S.C. 9005) is amended— ‘‘(iii) the lender shall— ‘‘(iv) the term ‘covered period’ means the (1) by amending paragraph (4) of subsection ‘‘(I) accept the application submitted by period beginning on the date of the origina- (a), as so redesignated by subsection (d) of the eligible recipient for loan forgiveness tion of a covered loan and ending on Decem- this section, to read as follows: under this section; and ber 31, 2020; ‘‘(4) the term ‘covered period’ means the ‘‘(II) submit the application to the Admin- ‘‘(v) the term ‘eligible entity’— period— istrator. ‘‘(I) means any business concern, nonprofit ‘‘(A) beginning on the date of the origina- ‘‘(B) AUDIT.—The Administrator may— organization, veterans organization, Tribal tion of a covered loan; and ‘‘(i) review and audit covered loans de- business concern, eligible self-employed indi- ‘‘(B) ending on a date selected by the eligi- scribed in subparagraph (A); and vidual, sole proprietor, independent con- ble recipient of the covered loan that occurs ‘‘(ii) in the case of fraud, ineligibility, or tractor, or small agricultural cooperative during the period— other material noncompliance with applica- that—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.036 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4747 ‘‘(aa)(AA) with respect to a business con- ance or rule issued or that may be issued by ‘‘(I) the product obtained by multiplying— cern, would qualify as a small business con- the Administrator; ‘‘(aa) at the election of the eligible entity, cern by the annual receipts size standard (if ‘‘(EE) is a type of business concern de- the average total monthly payments for pay- applicable) established by section 121.201 of scribed in section 120.110(n) of title 13, Code roll costs incurred or paid by the eligible entitle 13, Code of Federal Regulations, or any of Federal Regulations, or any successor reg- tity— successor regulation; or ulation, except as otherwise provided in the ‘‘(AA) for a 12-week period beginning Feb- ‘‘(BB) if the entity does not qualify as a interim final rule of the Administration en- ruary 15, 2019 or March 1, 2019 and ending small business concern, meets the alter- titled ‘Business Loan Program Temporary June 30, 2019; or native size standard established under sec- Changes; Paycheck Protection Program—Ad- ‘‘(BB) for a consecutive 12-week period be- tion 3(a)(5); ditional Eligibility Revisions to First In- tween May 1, 2019 and September 15, 2019; by ‘‘(bb) employs not more than 300 employ- terim Final Rule’ (85 Fed. Reg. 38301 (June ‘‘(bb) 2.5; or ees; and 26, 2020)) or any other guidance or rule issued ‘‘(II) $2,000,000. ‘‘(cc)(AA) except as provided in subitems or that may be issued by the Administrator; ‘‘(iii) NEW ENTITIES.—The maximum (BB), (CC), and (DD), had gross receipts dur- ‘‘(FF) is a type of business concern de- amount of a covered loan made to an eligible ing the first or second quarter in 2020 that scribed in section 120.110(o) of title 13, Code entity that did not exist during the 1-year are not less than 35 percent less than the of Federal Regulations, or any successor reg- period preceding February 15, 2020 is the less- gross receipts of the entity during the same ulation, except as otherwise provided in any er of— quarter in 2019; guidance or rule issued or that may be issued ‘‘(I) the product obtained by multiplying— by the Administrator; or ‘‘(aa) the quotient obtained by dividing— ‘‘(BB) if the entity was not in business dur- ‘‘(GG) is an entity that is organized for re- ‘‘(AA) the sum of the total monthly paying the first or second quarter of 2019, but search or for engaging in advocacy in areas ments by the eligible entity for payroll costs was in business during the third and fourth such as public policy or political strategy or paid or incurred by the eligible entity as of quarter of 2019, had gross receipts during the otherwise describes itself as a think tank in the date on which the eligible entity applies first or second quarter of 2020 that are less any public documents; for the covered loan; by than 35 percent of the amount of the gross ‘‘(HH) is an entity that would be described ‘‘(BB) the number of months in which receipts of the entity during the third or in the subsections listed in subitems (AA) those payroll costs were paid or incurred; by fourth quarter of 2019; through (GG) if the entity were a business ‘‘(bb) 2.5; or ‘‘(CC) if the entity was not in business dur- concern; or ‘‘(II) $2,000,000. ing the first, second, or third quarter of 2019, ‘‘(II) is assigned, or was approved for a loan ‘‘(iv) LIMIT FOR MULTIPLE LOCATIONS.—With but was in business during the fourth quarter under paragraph (36) with, a North American respect to an eligible entity with more than of 2019, had gross receipts during the first or Industry Classification System code begin- 1 physical location, the total amount of all second quarter of 2020 that are less than 35 ning with 52; covered loans shall be not more than percent of the amount of the gross receipts ‘‘(cc) any business concern or entity pri- $2,000,000. of the entity during the fourth quarter of marily engaged in political or lobbying ac- ‘‘(v) LOAN NUMBER LIMITATION.—An eligible 2019; or tivities, which shall include any entity that entity may only receive 1 covered loan. ‘‘(DD) if the entity was not in business dur- is organized for research or for engaging in ‘‘(vi) 90 DAY RULE FOR MAXIMUM LOAN ing 2019, but was in operation on February advocacy in areas such as public policy or AMOUNT.—The maximum aggregate loan 15, 2020, had gross receipts during the second political strategy or otherwise describes amount of loans guaranteed under this sub- quarter of 2020 that are less than 35 percent itself as a think tank in any public docu- section that are approved for an eligible en- of the amount of the gross receipts of the en- ments; or tity (including any affiliates) within 90 days tity during the first quarter of 2020; ‘‘(dd) any business concern or entity— of approval of another loan under this sub- ‘‘(II) includes an organization described in ‘‘(AA) for which an entity created in or or- section for the eligible entity (including any subparagraph (D)(vii) of paragraph (36) that ganized under the laws of the People’s Re- affiliates) shall not exceed $10,000,000. is eligible to receive a loan under that para- public of China or the Special Administra- ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI- graph and that meets the requirements de- tive Region of Hong Kong, or that has sig- CATION REQUIREMENTS.—An eligible entity scribed in items (aa) and (cc) of subclause (I); nificant operations in the People’s Republic applying for a covered loan shall not be re- and of China or the Special Administrative Re- quired to make the certification described in ‘‘(III) does not include— gion of Hong Kong, owns or holds, directly or subclause (III) or (IV) of paragraph (36)(G)(i). ‘‘(aa) an issuer, the securities of which are indirectly, not less than 20 percent of the ‘‘(E) FEE WAIVER.—With respect to a cov- listed on an exchange registered a national economic interest of the business concern or ered loan— securities exchange under section 6 of the entity, including as equity shares or a cap- ‘‘(i) in lieu of the fee otherwise applicable Securities Exchange Act of 1934 (15 U.S.C. ital or profit interest in a limited liability under paragraph (23)(A), the Administrator 78f); company or partnership; or shall collect no fee; and ‘‘(bb) any entity that— ‘‘(BB) that retains, as a member of the ‘‘(ii) in lieu of the fee otherwise applicable ‘‘(AA) is a type of business concern de- board of directors of the business concern, a under paragraph (18)(A), the Administrator scribed in subsection (b), (c), (d), (e), (f), (h), person who is a resident of the People’s Re- shall collect no fee. (l) (m), (p), (q), (r), or (s) of section 120.110 of public of China; ‘‘(F) ELIGIBLE CHURCHES AND RELIGIOUS OR- title 13, Code of Federal Regulations, or any ‘‘(vi) the terms ‘exchange’, ‘issuer’, and ‘se- GANIZATIONS.— successor regulation; curity’ have the meanings given those terms ‘‘(i) SENSE OF CONGRESS.—It is the sense of ‘‘(BB) is a type of business concern de- in section 3(a) of the Securities Exchange Congress that the interim final rule of the scribed in section 120.110(g) of title 13, Code Act of 1934 (15 U.S.C. 78c(a)); and Administration entitled ‘Business Loan Pro- of Federal Regulations, or any successor reg- ‘‘(vii) the term ‘Tribal business concern’ gram Temporary Changes; Paycheck Protec- ulation, except as otherwise provided in the means a Tribal business concern described in tion Program’ (85 Fed. Reg. 20817 (April 15, interim final rule of the Administration en- section 31(b)(2)(C). 2020)) properly clarified the eligibility of titled ‘Business Loan Program Temporary ‘‘(B) LOANS.—Except as otherwise provided churches and religious organizations for Changes; Paycheck Protection Program—Ad- in this paragraph, the Administrator may loans made under paragraph (36). ditional Eligibility Criteria and Require- guarantee covered loans to eligible entities ‘‘(ii) APPLICABILITY OF PROHIBITION.—The ments for Certain Pledges of Loans’ (85 Fed. under the same terms, conditions, and proc- prohibition on eligibility established by sec- Reg. 21747 (April 20, 2020)); esses as a loan made under paragraph (36). tion 120.110(k) of title 13, Code of Federal ‘‘(CC) is a type of business concern de- ‘‘(C) MAXIMUM LOAN AMOUNT.— Regulations, or any successor regulation, scribed in section 120.110(i) of title 13, Code of ‘‘(i) IN GENERAL.—Except as otherwise pro- shall not apply to a covered loan. Federal Regulations, or any successor regu- vided in this subparagraph, the maximum ‘‘(G) GROSS RECEIPTS FOR NONPROFIT AND lation, except if the business concern is an amount of a covered loan made to an eligible VETERANS ORGANIZATIONS.—For purposes of organization described in paragraph entity is the lesser of— calculating gross receipts under subpara- (36)(D)(vii); ‘‘(I) the product obtained by multiplying— graph (A)(v)(I)(cc) for an eligible entity that ‘‘(DD) is a type of business concern de- ‘‘(aa) at the election of the eligible entity, is a nonprofit organization, a veterans orga- scribed in section 120.110(j) of title 13, Code of the average total monthly payment for pay- nization, or an organization described in sub- Federal Regulations, or any successor regu- roll costs incurred or paid by the eligible en- paragraph (A)(v)(II), gross receipts— lation, except as otherwise provided in the tity during— ‘‘(i) shall include proceeds from fund- interim final rules of the Administration en- ‘‘(AA) the 1-year period before the date on raising events, federated campaigns, gifts, titled ‘Business Loan Program Temporary which the loan is made; or donor-advised funds, and funds from similar Changes; Paycheck Protection Program— ‘‘(BB) calendar year 2019; by sources; and Eligibility of Certain Electric Cooperatives’ ‘‘(bb) 2.5; or ‘‘(ii) shall not include— (85 Fed. Reg. 29847 (May 19, 2020)) and ‘Busi- ‘‘(II) $2,000,000. ‘‘(I) Federal grants (excluding any loan for- ness Loan Program Temporary Changes; ‘‘(ii) SEASONAL EMPLOYERS.—The maximum giveness on loans received under paragraph Paycheck Protection Program—Eligibility amount of a covered loan made to an eligible (36) or this paragraph); of Certain Telephone Cooperatives’ (85 Fed. entity that is a seasonal employer is the ‘‘(II) revenues from a supporting organiza- Reg. 35550 (June 11, 2020)) or any other guid- lesser of— tion;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.036 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4748 CONGRESSIONAL RECORD — SENATE August 4, 2020

‘‘(III) grants from private foundations that ing the Federal Agricultural Mortgage Cor- ‘‘(T) CALCULATION OF MAXIMUM LOAN are disbursed over the course of more than 1 poration). AMOUNT FOR FARMERS AND RANCHERS.— calendar year; or ‘‘(M) PUBLICATION OF GUIDANCE.—Not later ‘‘(i) DEFINITION.—In this subparagraph, the ‘‘(IV) any contribution of property other than 10 days after the date of enactment of term ‘covered recipient’ means an eligible than money, stocks, bonds, and other securi- this paragraph, the Administrator shall issue recipient that— ties, provided that the non-cash contribution guidance addressing barriers to accessing ‘‘(I) operates as a sole proprietorship or as is not sold by the organization in a trans- capital for minority, underserved, veteran, an independent contractor, or is an eligible action unrelated to the tax-exempt purpose and women-owned business concerns for the self-employed individual; of the organization. purpose of ensuring equitable access to cov- ‘‘(II) reports farm income or expenses on a ‘‘(H) LOAN FORGIVENESS.— ered loans. Schedule F (or any equivalent successor ‘‘(i) IN GENERAL.—Except as otherwise pro- ‘‘(N) STANDARD OPERATING PROCEDURE.— schedule); and vided in this subparagraph, an eligible entity The Administrator shall, to the maximum ‘‘(III) was in business during the period be- shall be eligible for forgiveness of indebted- extent practicable, allow a lender approved ginning on February 15, 2019 and ending on ness on a covered loan in the same manner to make covered loans to use existing pro- June 30, 2019. as an eligible recipient with respect to a loan gram guidance and standard operating proce- ‘‘(ii) NO EMPLOYEES.—With respect to cov- made under paragraph (36), as described in dures for loans made under this subsection. ered recipient without employees, the max- section 1106 of the CARES Act (15 U.S.C. ‘‘(O) PROHIBITION ON USE OF PROCEEDS FOR imum covered loan amount shall be the less- 9005). LOBBYING ACTIVITIES.—None of the proceeds er of— ‘‘(ii) FORGIVENESS AMOUNT.—An eligible en- of a covered loan may be used for— ‘‘(I) the sum of— tity shall be eligible for forgiveness of in- ‘‘(i) lobbying activities, as defined in sec- ‘‘(aa) the product obtained by multi- debtedness on a covered loan in an amount tion 3 of the Lobbying Disclosure Act of 1995 plying— equal to the sum of the following costs in- (2 U.S.C. 1602); ‘‘(AA) the gross income of the covered re- curred or expenditures made during the cov- ‘‘(ii) lobbying expenditures related to a cipient in 2019, as reported on a Schedule F ered period: State or local election; or (or any equivalent successor schedule), that ‘‘(I) Payroll costs. ‘‘(iii) expenditures designed to influence is not more than $100,000, divided by 12; and ‘‘(II) Any payment of interest on any cov- the enactment of legislation, appropriations, ‘‘(BB) 2.5; and ered mortgage obligation (which shall not in- regulation, administrative action, or Execu- ‘‘(bb) the outstanding amount of a loan clude any prepayment of or payment of prin- tive order proposed or pending before Con- under subsection (b)(2) that was made during cipal on a covered mortgage obligation). gress or any State government, State legis- the period beginning on January 31, 2020 and ‘‘(III) Any covered operations expenditure. lature, or local legislature or legislative ending on April 3, 2020 that the borrower in- ‘‘(IV) Any covered property damage cost. body.’’. tends to refinance under the covered loan, ‘‘(V) Any payment on any covered rent ob- (j) CONTINUED ACCESS TO THE PAYCHECK not including any amount of any advance ligation. PROTECTION PROGRAM.— under the loan that is not required to be re- ‘‘(VI) Any covered utility payment. (1) IN GENERAL.—Section 7(a)(36)(E)(ii) of paid; or ‘‘(VII) Any covered supplier cost. the Small Business Act (15 U.S.C. ‘‘(II) $2,000,000. ‘‘(VIII) Any covered worker protection ex- 636(a)(36)(E)(ii)) is amended by striking ‘‘(iii) WITH EMPLOYEES.—With respect to a penditure. ‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’. covered recipient with employees, the max- ‘‘(iii) LIMITATION ON FORGIVENESS FOR ALL (2) APPLICABILITY OF MAXIMUM LOAN imum covered loan amount shall be cal- ELIGIBLE ENTITIES.—The forgiveness amount AMOUNT CALCULATION.— culated using the formula described in sub- under this subparagraph shall be equal to the (A) DEFINITIONS.—In this paragraph, the paragraph (E), except that the gross income lesser of— terms ‘‘covered loan’’ and ‘‘eligible recipi- of the covered recipient described in clause ‘‘(I) the amount described in clause (ii); ent’’ have the meanings given those terms in (ii)(I)(aa)(AA) of this subparagraph, as di- and section 7(a)(36) of the Small Business Act (15 vided by 12, shall be added to the sum cal- ‘‘(II) the amount equal to the quotient ob- U.S.C. 636(a)(36)). culated under subparagraph (E)(i)(I). tained by dividing— (B) APPLICABILITY.—The amendment made ‘‘(iv) RECALCULATION.—A lender that made ‘‘(aa) the amount of the covered loan used by paragraph (1) shall apply only with re- a covered loan to a covered recipient before for payroll costs during the covered period; spect to a covered loan applied for by an eli- the date of enactment of this subparagraph and gible recipient on or after the date of enact- may, at the request of the covered recipi- ‘‘(bb) 0.60. ment of this Act. ent— ‘‘(I) LENDER ELIGIBILITY.—Except as other- (k) INCREASED ABILITY FOR PAYCHECK PRO- ‘‘(I) recalculate the maximum loan amount wise provided in this paragraph, a lender ap- TECTION PROGRAM BORROWERS TO REQUEST AN applicable to that covered loan based on the proved to make loans under paragraph (36) INCREASE IN LOAN AMOUNT DUE TO UPDATED formula described in clause (ii) or (iii), as ap- may make covered loans under the same REGULATIONS.— plicable, if doing so would result in a larger terms and conditions as in paragraph (36). (1) DEFINITIONS.—In this subsection, the covered loan amount; and ‘‘(J) REIMBURSEMENT FOR LOAN PROCESSING terms ‘‘covered loan’’ and ‘‘eligible recipi- ‘‘(II) provide the covered recipient with ad- AND SERVICING.—The Administrator shall re- ent’’ have the meanings given those terms in ditional covered loan amounts based on that imburse a lender authorized to make a cov- section 7(a)(36) of the Small Business Act (15 recalculation.’’. ered loan in an amount that is— U.S.C. 636(a)(36)). (m) FARM CREDIT SYSTEM INSTITUTIONS.— ‘‘(i) 3 percent of the principal amount of (2) INCREASED AMOUNT.—Notwithstanding (1) DEFINITION OF FARM CREDIT SYSTEM IN- the financing of the covered loan up to the interim final rule issued by the Adminis- STITUTION.—In this subsection, the term $350,000; and tration entitled ‘‘Business Loan Program ‘‘Farm Credit System institution’’— ‘‘(ii) 1 percent of the principal amount of Temporary Changes; Paycheck Protection (A) means an institution of the Farm Cred- the financing of the covered loan above Program—Loan Increases’’ (85 Fed. Reg. it System chartered under the Farm Credit $350,000, if applicable. 29842 (May 19, 2020)), an eligible recipient of Act of 1971 (12 U.S.C. 2001 et seq.); and ‘‘(K) SET ASIDE FOR SMALL ENTITIES.—Not a covered loan that is eligible for an in- (B) does not include the Federal Agricul- less than $25,000,000,000 of the total amount creased covered loan amount as a result of tural Mortgage Corporation. of covered loans guaranteed by the Adminis- any interim final rule that allows for cov- (2) FACILITATION OF PARTICIPATION IN PPP trator shall be made to eligible entities with ered loan increases may submit a request for AND SECOND DRAW LOANS.— not more than 10 employees as of February an increase in the covered loan amount even (A) APPLICABLE RULES.—Solely with re- 15, 2020. if— spect to loans under paragraphs (36) and (37) ‘‘(L) SET ASIDE FOR COMMUNITY FINANCIAL (A) the initial covered loan amount has of section 7(a) of the Small Business Act (15 INSTITUTIONS, SMALL INSURED DEPOSITORY IN- been fully disbursed; or U.S.C. 636(a)), Farm Credit Administration STITUTIONS, CREDIT UNIONS, AND FARM CREDIT (B) the lender of the initial covered loan regulations and guidance issued as of July SYSTEM INSTITUTIONS.—Not less than has submitted to the Administration a Form 14, 2020, and compliance with such regula- $10,000,000,000 of the total amount of covered 1502 report related to the covered loan. tions and guidance, shall be deemed func- loans guaranteed by the Administrator shall (l) CALCULATION OF MAXIMUM LOAN AMOUNT tionally equivalent to requirements ref- be made by— FOR FARMERS AND RANCHERS UNDER THE PAY- erenced in section 3(a)(iii)(II) of the interim ‘‘(i) community financial institutions; CHECK PROTECTION PROGRAM.— final rule of the Administration entitled ‘‘(ii) insured depository institutions with (1) IN GENERAL.—Section 7(a)(36) of the ‘‘Business Loan Program Temporary consolidated assets of less than Small Business Act (15 U.S.C. 636(a)(36)), as Changes; Paycheck Protection Program’’ (85 $10,000,000,000; amended by subsection (j) of this section, is Fed. Reg. 20811 (April 15, 2020)) or any similar ‘‘(iii) credit unions with consolidated as- amended— requirement referenced in that interim final sets of less than $10,000,000,000; and (A) in subparagraph (E), in the matter pre- rule in implementing such paragraph (37). ‘‘(iv) institutions of the Farm Credit Sys- ceding clause (i), by striking ‘‘During’’ and (B) APPLICABILITY OF CERTAIN LOAN RE- tem chartered under the Farm Credit Act of inserting ‘‘Except as provided in subpara- QUIREMENTS.—For purposes of making loans 1971 (12 U.S.C. 2001 et seq.) with consolidated graph (T), during’’; and under paragraph (36) or (37) of section 7(a) of assets of less than $10,000,000,000 (not includ- (B) by adding at the end the following: the Small Business Act (15 U.S.C. 636(a)) or

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.036 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4749 forgiving those loans in accordance with sec- those terms in section 7(a)(36) of the Small ‘‘(bb) any entity that received a loan under tion 1106 of the CARES Act (15 U.S.C. 9005) Business Act (15 U.S.C. 636(a)(36)).’’. paragraph (37); or and subparagraph (H) of such paragraph (37), (o) CHANGES TO THE 7(A) LOAN GUARANTY ‘‘(cc) any entity that received a loan under sections 4.13, 4.14, and 4.14A of the Farm PROGRAM FOR RECOVERY SECTOR BUSINESS paragraph (36) after the date of enactment of Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) CONCERNS.—Section 7(a) of the Small Busi- this paragraph; and (including regulations issued under those ness Act (15 U.S.C. 636(a)), as amended by ‘‘(v) the term ‘small business low-income sections) shall not apply. subsection (i) of this section, is amended by census tract’— (C) RISK WEIGHT.— adding at the end the following: ‘‘(I) means— (i) IN GENERAL.—With respect to the appli- ‘‘(38) RECOVERY SECTOR LOANS.— ‘‘(aa) a covered population census tract for cation of Farm Credit Administration cap- ‘‘(A) DEFINITIONS.—In this paragraph— which the poverty rate is not less than 20 ital requirements, a loan described in clause ‘‘(i) the term ‘covered loan’ means a loan percent; or (ii)— made under this paragraph; ‘‘(bb) an area— (I) shall receive a risk weight of zero per- ‘‘(ii) the term ‘covered population census ‘‘(AA) that is not tracted as a population cent; and tract’ means a population census tract for census tract; (II) shall not be included in the calculation which— ‘‘(BB) for which the poverty rate in the of any applicable leverage ratio or other ap- ‘‘(I) in the case of a tract that is not lo- equivalent county division (as defined by the plicable capital ratio or calculation. cated within a metropolitan area, the me- Bureau of the Census) is not less than 20 per- (ii) LOANS DESCRIBED.—A loan referred to dian income does not exceed 80 percent of the cent; and in clause (i) is— statewide (or, with respect to a possession or ‘‘(CC) for which the median income in the (I) a loan made by a Farm Credit Bank de- territory of the United States, the equivalent county division (as defined by the scribed in section 1.2(a) of the Farm Credit possession- or territory-wide) median family Bureau of the Census) does not exceed 80 per- Act of 1971 (12 U.S.C. 2002(a)) to a Federal income; or cent of the statewide (or, with respect to a Land Bank Association, a Production Credit ‘‘(II) in the case of a tract that is located possession or territory of the United States, Association, or an agricultural credit asso- within a metropolitan area, the median fam- the possession- or territory-wide) median in- ciation described in that section to make ily income does not exceed 80 percent of the come; and loans under paragraph (36) or (37) of section greater of the statewide (or, with respect to ‘‘(II) does not include any area or popu- 7(a) of the Small Business Act (15 U.S.C. a possession or territory of the United lation census tract with a median family in- 636(a)) or forgive those loans in accordance States, the possession- or territory-wide) me- come that is not less than 120 percent of the with section 1106 of the CARES Act (15 dian family income and the metropolitan median family income in the United States, U.S.C. 9005) and subparagraph (H) of such area median family income; according to the most recent American Com- paragraph (37); or ‘‘(iii) the term ‘covered seasonal employer’ munities Survey data from the Bureau of the (II) a loan made by a Federal Land Bank means a small business concern that— Census. Association, a Production Credit Associa- ‘‘(I) is a seasonal employer, as defined in ‘‘(B) LOANS.—Except as otherwise provided tion, an agricultural credit association, or paragraph (36); and in this paragraph, the Administrator may the bank for cooperatives described in sec- ‘‘(II) during the preceding calendar year— guarantee covered loans made to eligible en- tion 1.2(a) of the Farm Credit Act of 1971 (12 ‘‘(aa) had gross receipts as described in tities— U.S.C. 2002(a)) under paragraph (36) or (37) of paragraph (36)(A)(xiii)(II); and ‘‘(i) under the same terms, conditions, and section 7(a) of the Small Business Act (15 ‘‘(bb) employed not more than 250 employ- processes as a loan made under this sub- U.S.C. 636(a)). ees during not fewer than 5 months out of section; and (D) RESERVATION OF LOAN GUARANTEES.— that year; ‘‘(ii) to meet working capital needs, ac- Section 7(a)(36)(S) of the Small Business Act ‘‘(iv) the term ‘eligible entity’— quire fixed assets, or refinance existing in- (15 U.S.C. 636(a)(36)(S)) is amended— ‘‘(I) means any small business concern debtedness while recovering from the (i) in clause (i)— that— COVID–19 pandemic. (I) in subclause (I), by striking ‘‘and’’ at ‘‘(aa) except with respect to a covered sea- ‘‘(C) MAXIMUM LOAN AMOUNT.—The max- the end; sonal employer, employs not more than 500 imum amount of a covered loan made to an (II) in subclause (II), by striking the period employees; eligible entity shall be the lesser of— at the end and inserting ‘‘; and’’; and ‘‘(bb)(AA) except as provided in subitems ‘‘(i) $10,000,000; or (III) by adding at the end the following: (BB), (CC), and (DD), had gross receipts dur- ‘‘(ii) the amount equal to 200 percent of the ‘‘(III) institutions of the Farm Credit Sys- ing the first or second quarter in 2020 that average annual receipts of the eligible enti- tem chartered under the Farm Credit Act of are less than 50 percent of the gross receipts ty. 1971 (12 U.S.C. 2001 et seq.) with consolidated of the business concern during the same ‘‘(D) LOAN NUMBER LIMITATION.—An eligible assets of not less than $10,000,000,000 and less quarter in 2019; entity may only receive 1 covered loan. than $50,000,000,000.’’; and ‘‘(BB) if the small business concern was ‘‘(E) 90 DAY RULE FOR MAXIMUM LOAN (ii) in clause (ii)— not in business during the first or second AMOUNT.—The maximum aggregate loan (I) in subclause (II), by striking ‘‘and’’ at quarter of 2019, but was in business during amount of loans guaranteed under this sub- the end; the third and fourth quarter of 2019, had section that are approved for an eligible en- (II) in subclause (III), by striking the pe- gross receipts during the first or second tity (including any affiliates) within 90 days riod at the end and inserting ‘‘; and’’; and quarter of 2020 that are less than 50 percent of approval of another loan under this sub- (III) by adding at the end the following: of the amount of the gross receipts of the section for the eligible entity (including any ‘‘(IV) institutions of the Farm Credit Sys- small business concern during the third or affiliates) shall not exceed $10,000,000. tem chartered under the Farm Credit Act of fourth quarter of 2019; ‘‘(F) APPLICATION DEADLINE.—An eligible 1971 (12 U.S.C. 2001 et seq.) with consolidated ‘‘(CC) if the small business concern was not entity desiring a covered loan shall submit assets of less than $10,000,000,000.’’. in business during the first, second, or third an application not later than December 31, (n) DEFINITION OF SEASONAL EMPLOYER.— quarter of 2019, but was in business during 2020. (1) PPP LOANS.—Section 7(a)(36)(A) of the the fourth quarter of 2019, had gross receipts ‘‘(G) FEE WAIVER.—With respect to a cov- Small Business Act (15 U.S.C. 636(a)(36)(A)) is during the first or second quarter of 2020 that ered loan— amended— are less than 50 percent of the amount of the ‘‘(i) in lieu of the fee otherwise applicable (A) in clause (xi), by striking ‘‘and’’ at the gross receipts of the small business concern under paragraph (23)(A), the Administrator end; during the fourth quarter of 2019; or shall collect no fee; and (B) in clause (xii), by striking the period at ‘‘(DD) if the small business concern was ‘‘(ii) in lieu of the fee otherwise applicable the end and inserting ‘‘; and’’; and not in business during the first or second under paragraph (18)(A), the Administrator (C) by adding at the end the following: quarter of 2020, had gross receipts during any shall collect no fee. ‘‘(xiii) the term ‘seasonal employer’ means 2-month period during 2020 that are less than ‘‘(H) LOAN TERMS.— an eligible recipient that— 50 percent of the amount of the gross re- ‘‘(i) IN GENERAL.—In order to receive a cov- ‘‘(I) does not operate for more than 7 ceipts of the small business concern during ered loan, an eligible entity shall not be re- months in any calendar year; or any other 2-month period during 2020; and quired to show that the eligible entity is un- ‘‘(II) during the preceding calendar year, ‘‘(cc)(AA) is a covered seasonal employer able to obtain credit elsewhere. had gross receipts for any 6 months of that seeking a covered loan of not more than ‘‘(ii) MATURITY AND INTEREST RATE.—A cov- year that were not more than 33.33 percent of $2,000,000; or ered loan shall— the gross receipts of the employer for the ‘‘(BB) is a small business concern the prin- ‘‘(I) have a maturity of 20 years; and other 6 months of that year.’’. cipal place of business of which is in, and not ‘‘(II) bear an interest rate of equal to the (2) LOAN FORGIVENESS.—Paragraph (12) of less than 50 percent of the total gross income sum of— section 1106(a) of the CARES Act (15 U.S.C. of which is derived from the active conduct ‘‘(aa) the Secured Overnight Financing 9005(a)), as so redesignated by subsection of the business concern within, a small busi- Rate in effect for each of the days in the rel- (d)(2) of this section, is amended to read as ness low-income census tract; and evant quarter that interest is charged, as follows: ‘‘(II) does not include— compiled and released by the Federal Re- ‘‘(12) the terms ‘payroll costs’ and ‘sea- ‘‘(aa) an entity described in paragraph serve Bank of New York; and sonal employer’ have the meanings given (37)(A)(v)(II); ‘‘(bb) 300 basis points.

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‘‘(iii) GUARANTEE.—In an agreement to par- (2) in clause (vi), by inserting ‘‘, an organi- 636(a)), and such loan shall be treated as a ticipate in a covered loan on a deferred basis, zation described in clause (vii),’’ after ‘‘non- debt to the extent the loan is not forgiven in the participation by the Administration profit organization’’; and accordance with section 1106 of the CARES shall be 100 percent of the covered loan. (3) by adding at the end the following: Act (15 U.S.C. 9005) or subparagraph (H) of ‘‘(iv) SUBSIDY FOR INTEREST PAYMENTS.— ‘‘(vii) ELIGIBILITY FOR CERTAIN 501(C)(6) OR- such paragraph (37), as applicable, with pri- ‘‘(I) IN GENERAL.—The Administrator shall GANIZATIONS.— ority equal to a claim of the kind specified pay the amount of interest that is owed on a ‘‘(I) IN GENERAL.—Except as provided in in subsection (c)(1) of this section. covered loan in regular servicing status for subclause (II), any organization that is de- ‘‘(2) The trustee may incur debt described the maturity of the loan such that the inter- scribed in section 501(c)(6) of the Internal in paragraph (1) notwithstanding any provi- est rate paid by the eligible entity is, at all Revenue Code and that is exempt from tax- sion in a contract, prior order authorizing times, equal to a rate of 1 percent. ation under section 501(a) of such Code (ex- the trustee to incur debt under this section, ‘‘(II) TIMING OF PAYMENT.—The Adminis- cluding professional sports leagues and orga- prior order authorizing the trustee to use trator shall— nizations with the purpose of promoting or cash collateral under section 363, or applica- ‘‘(aa) begin making payments under sub- participating in a political campaign or ble law that prohibits the debtor from incur- clause (I) not later than 30 days after the other activity) shall be eligible to receive a ring additional debt. ‘‘(3) The court shall hold a hearing within date on which the first such payment is due; covered loan if— 7 days after the filing and service of the mo- and ‘‘(aa) the organization does not receive ‘‘(bb) make payments without regard to tion to obtain a loan described in paragraph more than 10 percent of its receipts from lob- (1).’’. the payment deferral described in clause (iv). bying activities; (2) ALLOWANCE OF ADMINISTRATIVE EX- ‘‘(III) APPLICATION OF PAYMENT.—Any pay- ‘‘(bb) the lobbying activities of the organi- PENSES.—Section 503(b) of title 11, United ment made by the Administrator under sub- zation do not comprise more than 10 percent clause (I) shall be applied to the covered loan States Code, is amended— of the total activities of the organization; (A) in paragraph (8)(B), by striking ‘‘and’’ such that the eligible entity is relieved of and the obligation to pay that amount. at the end; ‘‘(cc) the organization employs not more (B) in paragraph (9), by striking the period ‘‘(v) PAYMENT DEFERRAL.— than 150 employees. at the end and inserting ‘‘; and’’; and ‘‘(I) IN GENERAL.—No payment of principal ‘‘(II) DESTINATION MARKETING ORGANIZA- (C) by adding at the end the following: or interest shall be due on a covered loan for TIONS.—Notwithstanding subclause (I), dur- the first 2 years of the covered loan. ‘‘(10) any debt incurred under section ing the covered period, any destination mar- 364(g)(1) of this title.’’. ‘‘(II) ADDITIONAL DEFERRAL.—After the 2- keting organization shall be eligible to re- (3) CONFIRMATION OF PLAN FOR REORGANIZA- year deferral period under subclause (I), the ceive a covered loan if— Administrator may grant not more than an TION.—Section 1191 of title 11, United States ‘‘(aa) the destination marketing organiza- Code, is amended by adding at the end the additional 2 years of principal deferral to the tion does not receive more than 10 percent of eligible entity if the eligible entity is cer- following: its receipts from lobbying activities; ‘‘(f) SPECIAL PROVISION RELATED TO tified by the Administrator and the Sec- ‘‘(bb) the lobbying activities of the destina- COVID–19 PANDEMIC.—Notwithstanding secretary as economically distressed based on tion marketing organization do not comprise tion 1129(a)(9)(A) of this title and subsection publicly available criteria established by the more than 10 percent of the total activities (e) of this section, a plan that provides for Administrator. of the organization; payment of a claim of a kind specified in sec- ‘‘(vi) LIMITATION ON CHANGES IN TERMS.— ‘‘(cc) the destination marketing organization 503(b)(10) of this title may be confirmed Notwithstanding any other provision of this tion employs not more than 150 employees; under subsection (b) of this section if the subsection, for a covered loan, the Adminis- and plan proposes to make payments on account trator shall not approve any increase in loan ‘‘(dd) the destination marketing organiza- of such claim when due under the terms of amount or change in guaranty percentage, tion— the loan giving rise to such claim.’’. interest rate, interest accrual method, or ‘‘(AA) is described in section 501(c) of the (4) CONFIRMATION OF PLAN FOR FAMILY maturity, except for such changes as may be Internal Revenue Code and is exempt from FARMERS AND FISHERMEN.—Section 1225 of necessary for prepayment and the deferment taxation under section 501(a) of such Code; or title 11, United States Code, is amended by of payment under clause (v). ‘‘(BB) is a quasi-governmental entity or is adding at the end the following: ‘‘(I) PROHIBITION ON USE OF PROCEEDS FOR a political subdivision of a State or local ‘‘(d) Notwithstanding section 1222(a)(2) of DISASTER LOANS.—An eligible entity shall not government, including any instrumentality this title and subsection (b)(1) of this sec- use the proceeds of a covered loan to refi- of those entities.’’. tion, a plan that provides for payment of a nance any loan made under subsection (b). (q) PROHIBITION ON USE OF LOAN PROCEEDS claim of a kind specified in section 503(b)(10) ‘‘(J) SECONDARY MARKET.—In order to in- FOR LOBBYING ACTIVITIES.—Section of this title may be confirmed if the plan crease the liquidity of the secondary market 7(a)(36)(F) of the Small Business Act (15 proposes to make payments on account of for covered loans, the Administrator shall, U.S.C. 636(a)(36)(F)) is amended by adding at such claim when due under the terms of the not later than 60 days after the date of en- the end the following: loan giving rise to such claim.’’. actment of this paragraph, substantially re- ‘‘(vi) PROHIBITION.—None of the proceeds of (5) CONFIRMATION OF PLAN FOR INDIVID- duce barriers to the sale of covered loans on a covered loan may be used for— UALS.—Section 1325 of title 11, United States the secondary market. ‘‘(I) lobbying activities, as defined in sec- Code, is amended by adding at the end the ‘‘(K) LENDER ELIGIBILITY.—In order to in- tion 3 of the Lobbying Disclosure Act of 1995 following: crease access to and the equitable distribu- (2 U.S.C. 1602); ‘‘(d) Notwithstanding section 1322(a)(2) of tion of covered loans, the Administrator ‘‘(II) lobbying expenditures related to a this title and subsection (b)(1) of this sec- shall establish a process by which a lender State or local election; or tion, a plan that provides for payment of a claim of a kind specified in section 503(b)(10) approved to make loans under paragraph (36) ‘‘(III) expenditures designed to influence of this title may be confirmed if the plan may make covered loans. the enactment of legislation, appropriations, proposes to make payments on account of ‘‘(L) REIMBURSEMENT FOR LOAN PROCESSING regulation, administrative action, or Execu- such claim when due under the terms of the AND SERVICING.—The Administrator shall re- tive order proposed or pending before Con- loan giving rise to such claim.’’. imburse a lender authorized to make a cov- gress or any State government, State legis- (6) EFFECTIVE DATE; SUNSET.— ered loan in an amount that is— lature, or local legislature or legislative (A) EFFECTIVE DATE.—The amendments ‘‘(i) 3 percent of the principal amount of body.’’. made by paragraphs (1) through (5) shall— the financing of the covered loan up to (r) EFFECTIVE DATE; APPLICABILITY.—The $350,000; and amendments made to paragraph (36) of sec- (i) take effect on the date on which the Ad- ‘‘(ii) 1 percent of the principal amount of tion 7(a) of the Small Business Act (15 U.S.C. ministrator submits to the Director of the the financing of the covered loan above 636(a)) and title I of the CARES Act (Public Executive Office for United States Trustees a $350,000, if applicable. Law 116–136) under this section shall be effec- written determination that, subject to satis- ‘‘(M) STANDARD OPERATING PROCEDURE.— tive as if included in the CARES Act and fying any other eligibility requirements, any The Administrator shall, to the maximum shall apply to any loan made pursuant to debtor in possession or trustee that is au- extent practicable, allow a lender approved section 7(a)(36) of the Small Business Act (15 thorized to operate the business of the debt- to make covered loans to use existing pro- U.S.C. 636(a)(36)). or under section 1183, 1184, 1203, 1204, or 1304 gram guidance and standard operating proce- (s) BANKRUPTCY PROVISIONS.— of title 11, United States Code, would be eli- dures for loans made under this subsection.’’. (1) IN GENERAL.—Section 364 of title 11, gible for a loan under paragraphs (36) and (37) (p) ELIGIBILITY OF 501(C)(6) ORGANIZATIONS United States Code, is amended by adding at of section 7(a) of the Small Business Act (15 FOR LOANS UNDER THE PAYCHECK PROTECTION the end the following: U.S.C. 636(a)); and PROGRAM.—Section 7(a)(36)(D) of the Small ‘‘(g)(1) The court, after notice and a hear- (ii) apply to any case pending on or com- Business Act (15 U.S.C. 636(a)(36)(D)) is ing, may authorize a debtor in possession or menced on or after the date described in amended— a trustee that is authorized to operate the clause (i). (1) in clause (v), by inserting ‘‘or whether business of the debtor under section 1183, (B) SUNSET.— an organization described in clause (vii) em- 1184, 1203, 1204, or 1304 of this title to obtain (i) IN GENERAL.—If the amendments made ploys not more than 150 employees,’’ after a loan under paragraph (36) or (37) of section by this subsection take effect under subpara- ‘‘clause (i)(I),’’; 7(a) of the Small Business Act (15 U.S.C. graph (A), effective on the date that is 2

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.036 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4751 years after the date of enactment of this (ii) the spouse, child, son-in-law, or daugh- ticipating investment company under the fa- Act— ter-in-law, as determined under applicable cility; or (I) section 364 of title 11, United States common law, of an individual described in ‘‘(iii) is located in a small business low-in- Code, is amended by striking subsection (g); clause (i). come census tract; and (II) section 503(b) of title 11, United States (D) EXECUTIVE DEPARTMENT.—The term ‘‘(B) does not include an entity described Code, is amended— ‘‘Executive department’’ has the meaning in paragraph (37)(A)(v)(II) of such section (aa) in paragraph (8)(B), by adding ‘‘and’’ given the term in section 101 of title 5, 7(a). at the end; United States Code. ‘‘(2) FACILITY.—The term ‘facility’ means (bb) in paragraph (9), by striking ‘‘; and’’ at (E) MEMBER OF CONGRESS.—The term the facility established under subsection (b). the end and inserting a period; and ‘‘Member of Congress’’ means a Member of ‘‘(3) FUND.—The term ‘Fund’ means the (cc) by striking paragraph (10); the Senate or House of Representatives, a fund established under subsection (h). (III) section 1191 of title 11, United States Delegate to the House of Representatives, ‘‘(4) PARTICIPATING INVESTMENT COMPANY.— Code, is amended by striking subsection (f); and the Resident Commissioner from Puerto The term ‘participating investment com- (IV) section 1225 of title 11, United States Rico. pany’ means a small business investment Code, is amended by striking subsection (d); (F) EQUITY INTEREST.—The term ‘‘equity company approved under subsection (d) to and interest’’ means— participate in the facility (V) section 1325 of title 11, United States (i) a share in an entity, without regard to ‘‘(5) PROTE´ GE´ INVESTMENT COMPANY.—The Code, is amended by striking subsection (d). whether the share is— term ‘prote´ge´ investment company’ means a (ii) APPLICABILITY.—Notwithstanding the (I) transferable; or small business investment company that— amendments made by clause (i) of this sub- (II) classified as stock or anything similar; ‘‘(A) is majority managed by new, inexperi- paragraph, if the amendments made by para- (ii) a capital or profit interest in a limited enced, or otherwise underrepresented fund graphs (1), (2), (3), (4), and (5) take effect liability company or partnership; or managers; and under subparagraph (A) of this paragraph, (iii) a warrant or right, other than a right ‘‘(B) elects and is selected by the Adminis- such amendments shall apply to any case to convert, to purchase, sell, or subscribe to tration to participate in the pathway- under title 11, United States Code, com- a share or interest described in clause (i) or prote´ge´ program under subsection (g). menced before the date that is 2 years after (ii), respectively. ‘‘(6) SMALL BUSINESS CONCERN.—The term the date of enactment of this Act. (2) REQUIREMENT.—The principal executive ‘small business concern’ has the meaning officer and the principal financial officer, or (t) OVERSIGHT.— given the term in section 3(a) of the Small individuals performing similar functions, of (1) COMPLIANCE WITH OVERSIGHT REQUIRE- Business Act (15 U.S.C. 632(a)). an entity seeking to enter a transaction MENTS.— ‘‘(7) SMALL BUSINESS LOW-INCOME CENSUS made under paragraph (36), (37), or (38) of sec- (A) IN GENERAL.—Except as provided in TRACT.—The term ‘small business low-in- tion 7(a) of the Small Business Act (15 U.S.C. subparagraph (B), on and after the date of come census tract’ has the meaning given 636(a)), as added and amended by this sec- enactment of this Act, the Administrator the term in section 7(a)(38)(A) of the Small tion, shall, before that transaction is ap- shall comply with any data or information Business Act. proved, disclose to the Administrator wheth- requests or inquiries made by the Comp- ‘‘(b) ESTABLISHMENT.— er the entity is a covered entity. troller General of the United States not later ‘‘(1) FACILITY.—The Administrator shall es- (3) APPLICABILITY.—The requirement under than 30 days (or such later date as the Comp- tablish and carry out a facility to improve paragraph (2)— troller General may specify) after receiving the recovery of eligible small business con- (A) shall apply with respect to any trans- the request or inquiry. cerns from the COVID–19 pandemic, increase action made under paragraph (36), (37), or (38) (B) EXCEPTION.—If the Administrator is un- resiliency in the manufacturing supply chain of section 7(a) of the Small Business Act (15 able to comply with a request or inquiry de- of eligible small business concerns, and in- U.S.C. 636(a)), as added and amended by this scribed in subparagraph (A) within the 30- crease the economic development of small section, on or after the date of enactment of day period or, if applicable, later period de- business low-income census tracts by pro- this Act; and scribed in that clause, the Administrator viding financial assistance to participating (B) shall not apply with respect to— shall, during that 30-day (or later) period, investment companies that facilitate equity (i) any transaction described in subpara- submit to the Committee on Small Business financings to eligible small business con- graph (A) that was made before the date of and Entrepreneurship of the Senate and the cerns in accordance with this section. enactment of this Act; or Committee on Small Business of the House ‘‘(2) ADMINISTRATION OF FACILITY.—The fa- (ii) forgiveness under section 1106 of the of Representatives a notification that in- cility shall be administered by the Adminis- CARES Act (15 U.S.C. 9005) or any other pro- cludes a detailed justification for the inabil- trator acting through the Associate Admin- vision of law of any loan associated with any ity of the Administrator to comply with the istrator described in section 201. transaction described in subparagraph (A) request or inquiry. that was made before the date of enactment ‘‘(c) APPLICATIONS.— (2) TESTIMONY.—Not later than the date of this Act. ‘‘(1) IN GENERAL.—Any small business in- that is 30 days after the date of enactment of (v) SMALL BUSINESS INVESTMENT COMPANY vestment company may submit to the Ad- this Act, and every quarter thereafter until PROGRAM.— ministrator an application to participate in the date that is 2 years after the date of en- (1) IN GENERAL.—Part A of title III of the the facility. actment of this Act, the Administrator and Small Business Investment Act of 1958 (15 ‘‘(2) REQUIREMENTS FOR APPLICATION.—An the Secretary of the Treasury shall testify U.S.C. 681 et seq.) is amended— application to participate in the facility before the Committee on Small Business and (A) in section 302(a) (15 U.S.C. 682(a))— shall include the following: Entrepreneurship of the Senate and the Com- (i) in paragraph (1)— ‘‘(A) A business plan describing how the mittee on Small Business of the House of (I) in subparagraph (A), by striking ‘‘or’’ at applicant intends to make successful equity Representatives regarding implementation the end; investments in eligible small business con- of this section and the amendments made by (II) in subparagraph (B), by striking the pe- cerns. this section. riod at the end and inserting ‘‘; or’’; and ‘‘(B) Information regarding the relevant in- (u) CONFLICTS OF INTEREST.— (III) by adding at the end the following: vestment qualifications and backgrounds of (1) DEFINITIONS.—In this subsection: ‘‘(C) $20,000,000, adjusted every 5 years for the individuals responsible for the manage- (A) CONTROLLING INTEREST.—The term inflation, with respect to each licensee au- ment of the applicant. ‘‘controlling interest’’ means owning, con- thorized or seeking authority to sell bonds ‘‘(C) A description of the extent to which trolling, or holding not less than 20 percent, to Administration as a participating invest- the applicant meets the selection criteria by vote or value, of the outstanding amount ment company under section 321.’’; and under subsection (d)(2). of any class of equity interest in an entity. (B) by adding at the end the following: ‘‘(3) EXCEPTIONS TO APPLICATION FOR NEW (B) COVERED ENTITY.— ‘‘SEC. 321. SMALL BUSINESS AND DOMESTIC PRO- LICENSEES.—Not later than 90 days after the (i) DEFINITION.—The term ‘‘covered entity’’ DUCTION RECOVERY INVESTMENT date of enactment of this section, the Ad- means an entity in which a covered indi- FACILITY. ministrator shall reduce requirements for vidual directly or indirectly holds a control- ‘‘(a) DEFINITIONS.—In this section: applicants applying to operate as a partici- ling interest. ‘‘(1) ELIGIBLE SMALL BUSINESS CONCERN.— pating investment company under this sec- (ii) TREATMENT OF SECURITIES.—For the The term ‘eligible small business concern’— tion in order to encourage the participation purpose of determining whether an entity is ‘‘(A) means a small business concern that— of new small business investment companies a covered entity, the securities owned, con- ‘‘(i) meets the revenue reduction require- in the facility under this section, which may trolled, or held by 2 or more individuals who ments established by paragraph include the requirements established under are related as described in subparagraph (37)(A)(v)(I)(cc) of section 7(a) of the Small part 107 of title 13, Code of Federal Regula- (C)(ii) shall be aggregated. Business Act (15 U.S.C. 636(a)); tions, or any successor regulation, relating (C) COVERED INDIVIDUAL.—The term ‘‘cov- ‘‘(ii) is a manufacturing business that is to— ered individual’’ means— assigned a North American Industry Classi- ‘‘(A) the approval of initial management (i) the President, the Vice President, the fication System code beginning with 31, 32, expenses; head of an Executive department, or a Mem- or 33 at the time at which the small business ‘‘(B) the management ownership diversity ber of Congress; and concern receives an investment from a par- requirement;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.036 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4752 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(C) the disclosure of general compen- ing bonds that include equity features as de- pating investment company under the facil- satory practices and fee structures; or scribed in this subsection. ity shall be the lesser of— ‘‘(D) any other requirement that the Ad- ‘‘(2) BOND TERMS.—A bond purchased by the ‘‘(i) twice the amount of the regulatory ministrator determines to be an obstacle to Administrator from a participating invest- capital of the participating investment com- achieving the purposes described in this ment company under this subsection shall pany; or paragraph. have the following terms and conditions: ‘‘(ii) $200,000,000. ‘‘(d) SELECTION OF PARTICIPATING INVEST- ‘‘(A) TERM AND INTEREST.— ‘‘(4) COMMITMENT PROCESS.—Commitments MENT COMPANIES.— ‘‘(i) IN GENERAL.—The bond shall be issued by the Administration to purchase bonds ‘‘(1) DETERMINATION.— for a term of not less than 15 years and shall under the facility shall remain available to ‘‘(A) IN GENERAL.—Except as provided in bear interest at a rate determined by the Ad- be sold by a participating investment com- paragraph (3), not later than 60 days after ministrator of not more than 2 percent. pany until the end of the fourth fiscal year the date on which the Administrator re- ‘‘(ii) ACCRUAL OF INTEREST.—Interest on following the year in which the commitment ceives an application under subsection (c), the bond shall accrue and shall be payable in is made, subject to review and approval by the Administrator shall— accordance with subparagraph (D). the Administration based on regulatory com- ‘‘(i) make a final determination to approve ‘‘(iii) PREPAYMENT.—The bond shall be pliance, financial status, change in manage- or disapprove such applicant to participate prepayable without penalty after the end of ment, deviation from business plan, and such in the facility; and the 1-year period beginning on the date on other limitations as may be determined by ‘‘(ii) transmit the determination to the ap- which the bond was purchased. the Administration by regulation or other- plicant in writing. ‘‘(B) PROFITS.— wise. N GENERAL ‘‘(B) COMMITMENT AMOUNT.—Except as pro- ‘‘(i) I .—The Administration shall ‘‘(5) COMMITMENT CONDITIONS.— vided in paragraph (3), at the time of ap- be entitled to receive a share of the profits ‘‘(A) IN GENERAL.—As a condition of receiv- proval of an applicant, the Administrator net of any profit sharing performance coming a commitment under the facility, not shall make a determination of the amount of pensation of the participating investment less than 50 percent of amounts invested by the commitment that may be awarded to the company equal to the quotient obtained by the participating investment company shall applicant under this section. dividing— be invested in eligible small business con- ‘‘(I) one-third of the commitment that the ‘‘(2) SELECTION CRITERIA.—In making a de- cerns. participating investment company is ap- termination under paragraph (1), the Admin- ‘‘(B) EXAMINATIONS.—In addition to the proved for under subsection (d); by istrator shall consider— matters set forth in section 310(c), the Ad- ‘‘(II) the commitment approved under sub- ‘‘(A) the probability that the investment ministration shall examine each partici- section (d) plus the regulatory capital of the strategy of the applicant will successfully pating investment company in such detail so participating investment company at the repay any financial assistance provided by as to determine whether the participating time of approval under that subsection. the Administration, including the prob- investment company has complied with the ‘‘(ii) DETERMINATION OF PERCENTAGE.—The ability of a return significantly in excess requirements under this subsection. share to which the Administration is enti- thereof; ‘‘(f) DISTRIBUTIONS AND FEES.— tled under clause (i)— ‘‘(1) DISTRIBUTION REQUIREMENTS.— ‘‘(B) the probability that the investments ‘‘(I) shall be determined at the time of ap- ‘‘(A) DISTRIBUTIONS.—As a condition of re- made by the applicant will— proval under subsection (d); and ceiving a commitment under the facility, a ‘‘(i) provide capital to eligible small busi- ‘‘(II) without the approval of the Adminis- participating investment company shall ness concerns; or tration, shall not be revised, including to re- ‘‘(ii) create or preserve jobs in the United flect subsequent distributions of profits, re- make all distributions to the Administrator States; turns of capital, or repayments of bonds, or in the same form and in a manner as are ‘‘(C) the probability that the applicant will otherwise. made to investors, or otherwise at a time and in a manner consistent with regulations meet the objectives in the business plan of ‘‘(C) PROFIT SHARING PERFORMANCE COM- or policies of the Administration. the applicant, including the financial goals, PENSATION.— ´ ´ LLOCATIONS and, if applicable, the pathway-protege pro- ‘‘(i) RECEIPT BY ADMINISTRATION.—The Ad- ‘‘(B) A .—A participating invest- gram in accordance with subsection (g); and ministration shall receive a share of profits ment company shall make allocations of in- ‘‘(D) the probability that the applicant will of not more than 2 percent, which shall be come, gain, loss, deduction, and credit to the assist eligible small business concerns in deposited into the Fund and be available to Administrator with respect to any out- achieving profitability. make commitments under this subsection. standing bonds as if the Administrator were ‘‘(3) APPROVAL OF PARTICIPATING INVEST- ‘‘(ii) RECEIPT BY MANAGERS.—The managers an investor. MENT COMPANIES.— of the participating investment company ‘‘(2) FEES.—The Administrator may not ‘‘(A) PROVISIONAL APPROVAL.— may receive a maximum profit sharing per- charge fees for participating investment ‘‘(i) IN GENERAL.—Notwithstanding para- formance compensation of 25 percent minus companies other than examination fees that graph (1), with respect to an application sub- the share of profits paid to the Administra- are consistent with the license of the partici- mitted by an applicant to operate as a par- tion under clause (i). pating investment company. ticipating investment company under this ‘‘(D) PROHIBITION ON DISTRIBUTIONS.—No ‘‘(3) BIFURCATION.—Losses on bonds issued section, the Administrator may provide pro- distributions on capital, including profit dis- by participating investment companies shall visional approval for the applicant in lieu of tributions, shall be made by the partici- not be offset by fees or any other charges on a final determination of approval and deter- pating investment company to the investors debenture small business investment compa- mination of the amount of the commitment or managers of the participating investment nies. under that paragraph. company until the Administration has re- ‘‘(g) PROTE´ GE´ PROGRAM.—The Adminis- ‘‘(ii) PURPOSE.—The purpose of a provi- ceived payment of all accrued interest on the trator shall establish a pathway-prote´ge´ pro- sional approval under clause (i) is to— bond committed under this section. gram in which a prote´ge´ investment com- ‘‘(I) encourage applications from invest- ‘‘(E) REPAYMENT OF PRINCIPAL.—Except as pany may receive technical assistance and ment companies with an investment man- described in subparagraph (F), repayments of program support from a participating invest- date from the committed private market principal of the bond of a participating in- ment company on a voluntary basis and capital of the investment company that does vestment company shall be— without penalty for non-participation. not conform to the requirements described in ‘‘(i) made at the same time as returns of ‘‘(h) LOSS LIMITING FUND.— this section at the time of application; private capital; and ‘‘(1) IN GENERAL.—There is established in ‘‘(II) allow the applicant to more effec- ‘‘(ii) in amounts equal to the pro rata the Treasury a fund for making commit- tively raise capital commitments in the pri- share of the Administration of the total ments and purchasing bonds with equity fea- vate markets by referencing the intent of amount being repaid or returned at such tures under the facility and receiving capital the Administrator to award the applicant a time. returned by participating investment compa- commitment; and ‘‘(F) LIQUIDATION OR DEFAULT.—Upon any nies. ‘‘(III) allow the applicant to more precisely liquidation event or default, as defined by ‘‘(2) USE OF FUNDS.—Amounts appropriated request the desired amount of commitment the Administration, any unpaid principal or to the Fund or deposited in the Fund under pending the securing of capital from private accrued interest on the bond shall— paragraph (3) shall be available to the Ad- market investors. ‘‘(i) have a priority over all equity of the ministrator, without further appropriation, ‘‘(iii) LIMIT ON PERIOD OF THE TIME.—The participating investment company; and for making commitments and purchasing period between a provisional approval under ‘‘(ii) be paid before any return of equity or bonds under the facility and expenses and clause (i) and the final determination of ap- any other distributions to the investors or payments, excluding administrative ex- proval under paragraph (1) shall not exceed managers of the participating investment penses, relating to the operations of the Ad- 12 months. company. ministrator under the facility. ‘‘(e) COMMITMENTS AND SBIC BONDS.— ‘‘(3) AMOUNT OF COMMITMENTS AND PUR- ‘‘(3) DEPOSITING OF AMOUNTS.— ‘‘(1) IN GENERAL.—The Administrator may, CHASES.— ‘‘(A) IN GENERAL.—All amounts received by out of amounts available in the Fund, pur- ‘‘(A) MAXIMUM AMOUNT.—The maximum the Administrator from a participating in- chase or commit to purchase from a partici- amount of outstanding bonds and commit- vestment company relating to the facility, pating investment company 1 or more accru- ments to purchase bonds for any partici- including any moneys, property, or assets

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.036 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4753 derived by the Administrator from oper- Services and General Government Appropria- SEC. 3. SMALL BUSINESS RECOVERY. ations in connection with the facility, shall tions Act, 2020 (division C of Public Law 116– (a) SHORT TITLE.—This section may be be deposited in the Fund. 193) shall apply with respect to any commit- cited as the ‘‘Continuing the Paycheck Pro- ‘‘(B) PERIOD OF AVAILABILITY.—Amounts ments under such section 7(a) other than tection Program Act’’. deposited under subparagraph (A) shall re- under paragraphs (36), (37), and (38) of such (b) DEFINITIONS.—In this section: main available until expended. section 7(a).’’. (1) ADMINISTRATION; ADMINISTRATOR.—The ‘‘(i) APPLICATION OF OTHER SECTIONS.—To (B) RECOVERY SECTOR LOANS.—During the terms ‘‘Administration’’ and ‘‘Adminis- the extent not inconsistent with require- period beginning on the date of enactment of trator’’ mean the Small Business Adminis- ments under this section, the Administrator this Act and ending on December 31, 2020, the tration and the Administrator thereof, re- may apply sections 309, 311, 312, 313, and 314 amount authorized for commitments under spectively. to activities under this section and an offi- paragraph (38) of section 7(a) of the Small (2) SMALL BUSINESS CONCERN.—The term cer, director, employee, agent, or other par- Business Act (15 U.S.C. 636(a)), as added by ‘‘small business concern’’ has the meaning ticipant in a participating investment com- this section, shall be $100,000,000,000. given the term in section 3 of the Small pany shall be subject to the requirements (2) DIRECT APPROPRIATIONS.— Business Act (15 U.S.C. 632). (c) EMERGENCY RULEMAKING AUTHORITY.— under such sections. (A) RESCISSION.—With respect to unobli- Not later than 30 days after the date of en- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— gated balances under the heading ‘‘ ‘Small actment of this Act, the Administrator shall There is authorized to be appropriated for Business Administration—Business Loans issue regulations to carry out this section the first fiscal year beginning after the date Program Account, CARES Act’’ as of the day and the amendments made by this section of enactment of this part $10,000,000,000 to before the date of enactment of this Act, without regard to the notice requirements carry out the facility. Amounts appropriated $100,000,000,000 shall be rescinded and depos- under section 553(b) of title 5, United States pursuant to this subsection shall remain ited into the general fund of the Treasury. Code. available until the end of the second fiscal (B) NEW DIRECT APPROPRIATIONS.—There is (d) ADDITIONAL ELIGIBLE EXPENSES.— year beginning after the date of enactment appropriated, out of amounts in the Treas- (1) ALLOWABLE USE OF PPP LOAN.—Section of this section.’’. ury not otherwise appropriated, for the fiscal 7(a)(36)(F)(i) of the Small Business Act (15 (2) APPROVAL OF BANK-OWNED, NON-LEVER- year ending September 30, 2020— U.S.C. 636(a)(36)(F)(i)) is amended— AGED APPLICANTS.—Section 301(c)(2) of the (i) to remain available until September 30, (A) in subclause (VI), by striking ‘‘and’’ at Small Business Investment Act of 1958 (15 2021, for additional amounts— the end; U.S.C. 681(c)(2)) is amended— (I) $189,990,000,000 under the heading (B) in subclause (VII), by striking the pe- (A) in subparagraph (B), in the matter pre- ‘‘Small Business Administration—Business riod at the end and inserting a semicolon; ceding clause (i), by striking ‘‘Within’’ and Loans Program Account, CARES Act’’ for and inserting ‘‘Except as provided in subpara- the cost of guaranteed loans as authorized (C) by adding at the end the following: graph (C), within’’; and under paragraph (36) and (37) of section 7(a) ‘‘(VIII) covered operations expenditures, as (B) by adding at the end the following: of the Small Business Act (15 U.S.C. 636(a)), defined in section 1106(a) of the CARES Act ‘‘(C) EXCEPTION FOR BANK-OWNED, NON-LE- as amended and added by this section; (15 U.S.C. 9005(a)); VERAGED APPLICANTS.—Notwithstanding sub- (II) $57,700,000,000 under the heading ‘‘(IX) covered property damage costs, as paragraph (B), not later than 45 days after ‘‘Small Business Administration—Recovery defined in such section 1106(a); the date on which the Administrator re- Sector Loans’’ for the cost of guaranteed ‘‘(X) covered supplier costs, as defined in ceives a completed application submitted by loans as authorized under paragraph (38) of such section 1106(a); and a bank-owned, non-leveraged applicant in ac- section 7(a) of the Small Business Act (15 ‘‘(XI) covered worker protection expendi- cordance with this subsection and in accord- U.S.C. 636(a)), as added by this section; and tures, as defined in such section 1106(a).’’. ance with such requirements as the Adminis- (III) $10,000,000 under the heading under the (2) LOAN FORGIVENESS.—Section 1106 of the trator may prescribe by regulation, the Ad- heading ‘‘Department of Commerce—Minor- CARES Act (15 U.S.C. 9005) is amended— ministrator shall— ity Business Development Agency’’ for mi- (A) in subsection (a)— ‘‘(i) review the application in its entirety; nority business centers of the Minority Busi- (i) by redesignating paragraphs (6), (7), and and ness Development Agency to provide tech- (8) as paragraphs (10), (11), and (12), respec- ‘‘(ii)(I) approve the application and issue a nical assistance to small business concerns; tively; license for such operation to the applicant if and (ii) by redesignating paragraph (5) as para- the requirements of this section are satis- (ii) to remain available until September 30, graph (8); fied; or 2023, $10,000,000,000 under the heading ‘‘Small (iii) by redesignating paragraph (4) as para- ‘‘(II) disapprove the application and notify Business Administration—SBIC’’ to carry graph (6); the applicant in writing of the disapproval.’’. out part D of title III of the Small Business (iv) by redesignating paragraph (3) as para- (3) ELECTRONIC SUBMISSIONS.—Part A of Investment Act of 1958 (15 U.S.C. 681 et seq.), graph (4); title III of the Small Business Investment as added by this section. (v) by inserting after paragraph (2) the fol- Act of 1958 (15 U.S.C. 681 et seq.), as amended (C) AVAILABILITY OF AMOUNTS APPRO- lowing: by paragraph (1) of this subsection, is amend- PRIATED FOR THE OFFICE OF INSPECTOR GEN- ‘‘(3) the term ‘covered operations expendi- ed by adding at the end the following: ERAL.—Section 1107(a)(3) of the CARES Act ture’ means a payment for any business soft- ‘‘SEC. 322. ELECTRONIC SUBMISSIONS. (15 U.S.C. 9006(a)(3)) is amended by striking ware or cloud computing service that facili- ‘‘The Administration shall permit any doc- ‘‘September 20, 2024’’ and inserting ‘‘ex- tates business operations, product or service ument submitted under this title, or pursu- pended’’. delivery, the processing, payment, or track- ant to a regulation carrying out this title, to (x) EMERGENCY DESIGNATION.— ing of payroll expenses, human resources, be submitted electronically, including by (1) IN GENERAL.—The amounts provided sales and billing functions, or accounting or permitting an electronic signature for any under this section are designated as an emer- tracking of supplies, inventory, records and signature that is required on such a docu- gency requirement pursuant to section 4(g) expenses;’’; ment.’’. of the Statutory Pay-As-You-Go Act of 2010 (vi) by inserting after paragraph (4), as so (w) COMMITMENT AUTHORITY AND APPRO- (2 U.S.C. 933(g)). redesignated, the following: PRIATIONS.— (2) DESIGNATION IN SENATE.—In the Senate, ‘‘(5) the term ‘covered property damage (1) COMMITMENT AUTHORITY.— this section is designated as an emergency cost’ means a cost related to property dam- (A) CARES ACT AMENDMENTS.—Section requirement pursuant to section 4112(a) of H. age and vandalism or looting due to public 1102(b) of the CARES Act (Public Law 116– Con. Res. 71 (115th Congress), the concurrent disturbances that occurred during 2020 that 136) is amended— resolution on the budget for fiscal year 2018. was not covered by insurance or other com- (i) in paragraph (1)— pensation;’’; (I) in the paragraph heading, by inserting (vii) by inserting after paragraph (6), as so ‘‘AND SECOND DRAW’’ after ‘‘PPP’’; SA 2507. Mr. RUBIO (for himself and redesignated, the following: (II) by striking ‘‘August 8, 2020’’ and insert- Ms. COLLINS) submitted an amendment ‘‘(5) the term ‘covered supplier cost’ means ing ‘‘December 31, 2020’’; intended to be proposed to amendment an expenditure made by an entity to a sup- (III) by striking ‘‘paragraph (36)’’ and in- plier of goods pursuant to a contract in ef- SA 2499 proposed by Mr. MCCONNELL to serting ‘‘paragraphs (36) and (37)’’; and fect before February 15, 2020 for the supply of (IV) by striking ‘‘$659,000,000,000’’ and in- the bill S. 178, to condemn gross human goods that are essential to the operations of serting ‘‘$748,990,000,000’’; and rights violations of ethnic Turkic Mus- the entity at the time at which the expendi- (ii) by amending paragraph (2) to read as lims in Xinjiang, and calling for an end ture is made;’’; follows: to arbitrary detention, torture, and (viii) by inserting after paragraph (8), as so ‘‘(B) OTHER 7(A) LOANS.—During fiscal year harassment of these communities in- redesignated, the following: 2020, the amount authorized for commit- side and outside China; which was or- ‘‘(9) the term ‘covered worker protection ments for section 7(a) of the Small Business dered to lie on the table; as follows: expenditure’— Act (15 U.S.C. 636(a)) under the heading ‘‘(A) means an operating or a capital ex- ‘Small Business Administration—Business At the end of the amendment, add the fol- penditure that is required to facilitate the Loans Program Account’ in the Financial lowing: adaptation of the business activities of an

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entity to comply with requirements estab- ‘‘(1) IN GENERAL.—A lender may rely on ‘‘(2) COVERED LOANS BETWEEN $150,000 AND lished or guidance issued by the Department any certification or documentation sub- $2,000,000.— of Health and Human Services, the Centers mitted by an applicant for a covered loan or ‘‘(A) IN GENERAL.—Notwithstanding sub- for Disease Control, or the Occupational an eligible recipient of a covered loan that— section (e), with respect to a covered loan Safety and Health Administration during the ‘‘(A) is submitted pursuant to any statu- made to an eligible recipient that is more period beginning on March 1, 2020 and ending tory requirement relating to covered loans than $150,000 and not more than $2,000,000— December 31, 2020 related to the maintenance or any rule or guidance issued to carry out ‘‘(i) the eligible recipient seeking loan for- of standards for sanitation, social any action relating to covered loans; and giveness under this section— distancing, or any other worker or customer ‘‘(B) attests that the applicant or eligible ‘‘(I) is not required to submit the sup- safety requirement related to COVID–19; recipient, as applicable, has accurately porting documentation described in para- ‘‘(B) may include— verified any certification or documentation graph (1) or (2) of subsection (e) or the cer- ‘‘(i) the purchase, maintenance, or renova- provided to the lender. tification described in subsection (e)(3)(A); tion of assets that create or expand— ‘‘(2) NO ENFORCEMENT ACTION.—With re- ‘‘(II) shall retain all relevant schedules, ‘‘(I) a drive-through window facility; spect to a lender that relies on a certifi- worksheets, and supporting documentation ‘‘(II) an indoor, outdoor, or combined air or cation or documentation described in para- for the 3-year period following submission of air pressure ventilation or filtration system; graph (1)— the application for loan forgiveness; and ‘‘(III) a physical barrier such as a sneeze ‘‘(A) an enforcement action may not be ‘‘(III) may complete and submit any form guard; taken against the lender acting in good faith related to borrower demographic informa- ‘‘(IV) an indoor, outdoor, or combined com- relating to origination or forgiveness of a tion; mercial real property; covered loan based on such reliance; and ‘‘(ii) review by the lender of an application ‘‘(V) an onsite or offsite health screening ‘‘(B) the lender acting in good faith shall submitted by the eligible recipient for loan capability; or not be subject to any penalties relating to forgiveness under this section shall be lim- ‘‘(VI) other assets relating to the compli- origination or forgiveness of a covered loan ited to whether the lender received a com- ance with the requirements or guidance de- based on such reliance.’’. plete application, with all fields completed, scribed in subparagraph (A), as determined (f) SELECTION OF COVERED PERIOD FOR FOR- initialed, or signed, as applicable; and by the Administrator in consultation with GIVENESS.—Section 1106 of the CARES Act ‘‘(iii) the lender shall— (15 U.S.C. 9005) is amended— the Secretary of Health and Human Services ‘‘(I) accept the application submitted by (1) by amending paragraph (4) of subsection and the Secretary of Labor; and the eligible recipient for loan forgiveness (a), as so redesignated by subsection (d) of ‘‘(ii) the purchase of— under this section; and this section, to read as follows: ‘‘(I) covered materials described in section ‘‘(II) submit the application to the Admin- ‘‘(4) the term ‘covered period’ means the 328.103(a) of title 44, Code of Federal Regula- istrator. period— tions, or any successor regulation; ‘‘(B) AUDIT.—The Administrator may— ‘‘(A) beginning on the date of the origina- ‘‘(II) particulate filtering facepiece res- ‘‘(i) review and audit covered loans de- tion of a covered loan; and pirators approved by the National Institute scribed in subparagraph (A); and ‘‘(B) ending on a date selected by the eligi- for Occupational Safety and Health, includ- ‘‘(ii) in the case of fraud, ineligibility, or ble recipient of the covered loan that occurs ing those approved only for emergency use other material noncompliance with applica- during the period— authorization; or ble loan or loan forgiveness requirements, ‘‘(i) beginning on the date that is 8 weeks ‘‘(III) other kinds of personal protective modify— after such date of origination; and equipment, as determined by the Adminis- ‘‘(I) the amount of a covered loan described ‘‘(ii) ending on December 31, 2020;’’; and trator in consultation with the Secretary of in subparagraph (A); or (2) by striking subsection (l). Health and Human Services and the Sec- ‘‘(II) the loan forgiveness amount with re- (g) SIMPLIFIED APPLICATION.—Section 1106 retary of Labor; and spect to a covered loan described in subpara- of the CARES Act (15 U.S.C. 9005), as amend- graph (A). ‘‘(C) does not include residential real prop- ed by subsection (f) of this section, is amend- erty or intangible property;’’; and ‘‘(3) AUDIT PLAN.— ed— ‘‘(A) IN GENERAL.—Not later than 30 days (ix) in paragraph (11), as so redesignated— (1) in subsection (e), in the matter pre- (I) in subparagraph (C), by striking ‘‘and’’ after the date of enactment of the Con- ceding paragraph (1), by striking ‘‘An eligi- tinuing the Paycheck Protection Program at the end; ble’’ and inserting ‘‘Except as provided in (II) in subparagraph (D), by striking ‘‘and’’ Act, the Administrator shall submit to the subsection (l), an eligible’’; Committee on Small Business and Entrepre- at the end; and (2) in subsection (f), by inserting ‘‘or the (III) by adding at the end the following: neurship of the Senate and the Committee information required under subsection (l), as on Small Business of the House of Represent- ‘‘(E) covered operations expenditures; applicable’’ after ‘‘subsection (e)’’; and ‘‘(F) covered property damage costs; atives an audit plan that details— (3) by adding at the end the following: ‘‘(i) the policies and procedures of the Ad- ‘‘(G) covered supplier costs; and ‘‘(l) SIMPLIFIED APPLICATION.— ‘‘(H) covered worker protection expendi- ministrator for conducting reviews and au- ‘‘(1) COVERED LOANS UNDER $150,000.— dits of covered loans; and tures; and’’; ‘‘(A) IN GENERAL.—Notwithstanding sub- (B) in subsection (b), by adding at the end ‘‘(ii) the metrics that the Administrator section (e), with respect to a covered loan shall use to determine which covered loans the following: made to an eligible recipient that is not ‘‘(5) Any covered operations expenditure. will be audited for each category of covered more than $150,000, the covered loan amount loans described in paragraphs (1) and (2). ‘‘(6) Any covered property damage cost. shall be forgiven under this section if the eli- ‘‘(7) Any covered supplier cost. ‘‘(B) REPORTS.—Not later than 30 days gible recipient— after the date on which the Administrator ‘‘(8) Any covered worker protection ex- ‘‘(i) signs and submits to the lender an at- penditure.’’; submits the audit plan required under sub- testation that the eligible recipient made a paragraph (A), and each month thereafter, (C) in subsection (d)(8), by inserting ‘‘any good faith effort to comply with the require- payment on any covered operations expendi- the Administrator shall submit to the Com- ments under section 7(a)(36) of the Small mittee on Small Business and Entrepreneur- ture, any payment on any covered property Business Act (15 U.S.C. 636(a)(36)); and damage cost, any payment on any covered ship of the Senate and the Committee on ‘‘(ii) for the 1-year period following sub- Small Business of the House of Representa- supplier cost, any payment on any covered mission of the attestation under clause (i), worker protection expenditure,’’ after ‘‘rent tives a report on the review and audit activi- retains records relevant to the attestation ties of the Administrator under this sub- obligation,’’; and that prove compliance with those require- (D) in subsection (e)— section, which shall include— ments. ‘‘(i) the number of active reviews and au- (i) in paragraph (2), by inserting ‘‘pay- ‘‘(B) DEMOGRAPHIC INFORMATION.—An eligi- ments on covered operations expenditures, dits; ble recipient of a covered loan described in ‘‘(ii) the number of reviews and audits that payments on covered property damage costs, subparagraph (A) may complete and submit payments on covered supplier costs, pay- have been ongoing for more than 60 days; and any form related to borrower demographic ‘‘(iii) any substantial changes made to the ments on covered worker protection expendi- information. tures,’’ after ‘‘lease obligations,’’; and audit plan submitted under subparagraph ‘‘(C) AUDIT.—The Administrator may— (A).’’. (ii) in paragraph (3)(B), by inserting ‘‘make ‘‘(i) review and audit covered loans de- payments on covered operations expendi- (h) GROUP INSURANCE PAYMENTS AS PAY- scribed in subparagraph (A); and ROLL COSTS.—Section tures, make payments on covered property ‘‘(ii) in the case of fraud, ineligibility, or 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Busi- damage costs, make payments on covered other material noncompliance with applica- ness Act (15 U.S.C. supplier costs, make payments on covered ble loan or loan forgiveness requirements, 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by worker protection expenditures,’’ after ‘‘rent modify— inserting ‘‘and other group insurance’’ before obligation,’’. ‘‘(I) the amount of a covered loan described ‘‘benefits’’. (e) LENDER SAFE HARBOR.—Subsection (h) in subparagraph (A); or (i) PAYCHECK PROTECTION PROGRAM SECOND of section 1106 of the CARES Act (15 U.S.C. ‘‘(II) the loan forgiveness amount with re- DRAW LOANS.—Section 7(a) of the Small 9005) is amended to read as follows: spect to a covered loan described in subpara- Business Act (15 U.S.C. 636(a)) is amended by ‘‘(h) HOLD HARMLESS.— graph (A). adding at the end the following:

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‘‘(37) PAYCHECK PROTECTION PROGRAM SEC- ‘‘(AA) is a type of business concern de- ‘‘(BB) that retains, as a member of the OND DRAW LOANS.— scribed in subsection (b), (c), (d), (e), (f), (h), board of directors of the business concern, a ‘‘(A) DEFINITIONS.—In this paragraph— (l) (m), (p), (q), (r), or (s) of section 120.110 of person who is a resident of the People’s Re- ‘‘(i) the terms ‘community financial insti- title 13, Code of Federal Regulations, or any public of China; tutions’, ‘credit union’, ‘eligible self-em- successor regulation; ‘‘(vi) the terms ‘exchange’, ‘issuer’, and ‘se- ployed individual’, ‘insured depository insti- ‘‘(BB) is a type of business concern de- curity’ have the meanings given those terms tution’, ‘nonprofit organization’, ‘payroll scribed in section 120.110(g) of title 13, Code in section 3(a) of the Securities Exchange costs’, ‘seasonal employer’, and ‘veterans or- of Federal Regulations, or any successor reg- Act of 1934 (15 U.S.C. 78c(a)); and ganization’ have the meanings given those ulation, except as otherwise provided in the ‘‘(vii) the term ‘Tribal business concern’ terms in paragraph (36), except that ‘eligible interim final rule of the Administration en- means a Tribal business concern described in entity’ shall be substituted for ‘eligible re- titled ‘Business Loan Program Temporary section 31(b)(2)(C). cipient’ each place it appears in the defini- Changes; Paycheck Protection Program—Ad- ‘‘(B) LOANS.—Except as otherwise provided tions of those terms; ditional Eligibility Criteria and Require- in this paragraph, the Administrator may ‘‘(ii) the term ‘covered loan’ means a loan ments for Certain Pledges of Loans’ (85 Fed. guarantee covered loans to eligible entities made under this paragraph; Reg. 21747 (April 20, 2020)); under the same terms, conditions, and proc- ‘‘(iii) the terms ‘covered mortgage obliga- ‘‘(CC) is a type of business concern de- esses as a loan made under paragraph (36). tion’, ‘covered operating expenditure’, ‘cov- scribed in section 120.110(i) of title 13, Code of ‘‘(C) MAXIMUM LOAN AMOUNT.— ered property damage cost’, ‘covered rent ob- Federal Regulations, or any successor regu- ‘‘(i) IN GENERAL.—Except as otherwise provided in this subparagraph, the maximum ligation’, ‘covered supplier cost’, ‘covered lation, except if the business concern is an amount of a covered loan made to an eligible utility payment’, and ‘covered worker pro- organization described in paragraph entity is the lesser of— tection expenditure’ have the meanings (36)(D)(vii); ‘‘(I) the product obtained by multiplying— given those terms in section 1106(a) of the ‘‘(DD) is a type of business concern de- ‘‘(aa) at the election of the eligible entity, CARES Act (15 U.S.C. 9005(a)); scribed in section 120.110(j) of title 13, Code of the average total monthly payment for pay- ‘‘(iv) the term ‘covered period’ means the Federal Regulations, or any successor regu- roll costs incurred or paid by the eligible en- period beginning on the date of the origina- lation, except as otherwise provided in the tity during— tion of a covered loan and ending on Decem- interim final rules of the Administration en- ‘‘(AA) the 1-year period before the date on ber 31, 2020; titled ‘Business Loan Program Temporary which the loan is made; or ‘‘(v) the term ‘eligible entity’— Changes; Paycheck Protection Program— ‘‘(BB) calendar year 2019; by ‘‘(I) means any business concern, nonprofit Eligibility of Certain Electric Cooperatives’ ‘‘(bb) 2.5; or organization, veterans organization, Tribal (85 Fed. Reg. 29847 (May 19, 2020)) and ‘Busi- ‘‘(II) $2,000,000. business concern, eligible self-employed indi- ness Loan Program Temporary Changes; ‘‘(ii) SEASONAL EMPLOYERS.—The maximum vidual, sole proprietor, independent con- Paycheck Protection Program—Eligibility amount of a covered loan made to an eligible tractor, or small agricultural cooperative of Certain Telephone Cooperatives’ (85 Fed. entity that is a seasonal employer is the that— Reg. 35550 (June 11, 2020)) or any other guid- lesser of— ‘‘(aa)(AA) with respect to a business con- ance or rule issued or that may be issued by ‘‘(I) the product obtained by multiplying— cern, would qualify as a small business con- the Administrator; ‘‘(aa) at the election of the eligible entity, cern by the annual receipts size standard (if ‘‘(EE) is a type of business concern de- the average total monthly payments for pay- applicable) established by section 121.201 of scribed in section 120.110(n) of title 13, Code roll costs incurred or paid by the eligible entitle 13, Code of Federal Regulations, or any of Federal Regulations, or any successor reg- tity— successor regulation; or ulation, except as otherwise provided in the ‘‘(AA) for a 12-week period beginning Feb- ‘‘(BB) if the entity does not qualify as a interim final rule of the Administration en- ruary 15, 2019 or March 1, 2019 and ending small business concern, meets the alter- titled ‘Business Loan Program Temporary June 30, 2019; or native size standard established under sec- Changes; Paycheck Protection Program—Ad- ‘‘(BB) for a consecutive 12-week period be- tion 3(a)(5); ditional Eligibility Revisions to First In- tween May 1, 2019 and September 15, 2019; by ‘‘(bb) employs not more than 300 employ- terim Final Rule’ (85 Fed. Reg. 38301 (June ‘‘(bb) 2.5; or ees; and 26, 2020)) or any other guidance or rule issued ‘‘(II) $2,000,000. ‘‘(cc)(AA) except as provided in subitems or that may be issued by the Administrator; ‘‘(iii) NEW ENTITIES.—The maximum (BB), (CC), and (DD), had gross receipts dur- ‘‘(FF) is a type of business concern de- amount of a covered loan made to an eligible ing the first or second quarter in 2020 that scribed in section 120.110(o) of title 13, Code entity that did not exist during the 1-year are not less than 35 percent less than the of Federal Regulations, or any successor reg- period preceding February 15, 2020 is the less- gross receipts of the entity during the same ulation, except as otherwise provided in any er of— quarter in 2019; guidance or rule issued or that may be issued ‘‘(I) the product obtained by multiplying— ‘‘(BB) if the entity was not in business dur- by the Administrator; or ‘‘(aa) the quotient obtained by dividing— ing the first or second quarter of 2019, but ‘‘(GG) is an entity that is organized for re- ‘‘(AA) the sum of the total monthly pay- was in business during the third and fourth search or for engaging in advocacy in areas ments by the eligible entity for payroll costs quarter of 2019, had gross receipts during the such as public policy or political strategy or paid or incurred by the eligible entity as of first or second quarter of 2020 that are less otherwise describes itself as a think tank in the date on which the eligible entity applies than 35 percent of the amount of the gross any public documents; for the covered loan; by receipts of the entity during the third or ‘‘(HH) is an entity that would be described ‘‘(BB) the number of months in which fourth quarter of 2019; in the subsections listed in subitems (AA) those payroll costs were paid or incurred; by ‘‘(CC) if the entity was not in business dur- through (GG) if the entity were a business ‘‘(bb) 2.5; or ing the first, second, or third quarter of 2019, concern; or ‘‘(II) $2,000,000. but was in business during the fourth quarter ‘‘(II) is assigned, or was approved for a loan ‘‘(iv) LIMIT FOR MULTIPLE LOCATIONS.—With of 2019, had gross receipts during the first or under paragraph (36) with, a North American respect to an eligible entity with more than second quarter of 2020 that are less than 35 Industry Classification System code begin- 1 physical location, the total amount of all percent of the amount of the gross receipts ning with 52; covered loans shall be not more than of the entity during the fourth quarter of ‘‘(cc) any business concern or entity pri- $2,000,000. 2019; or marily engaged in political or lobbying ac- ‘‘(v) LOAN NUMBER LIMITATION.—An eligible ‘‘(DD) if the entity was not in business dur- tivities, which shall include any entity that entity may only receive 1 covered loan. ing 2019, but was in operation on February is organized for research or for engaging in ‘‘(vi) 90 DAY RULE FOR MAXIMUM LOAN 15, 2020, had gross receipts during the second advocacy in areas such as public policy or AMOUNT.—The maximum aggregate loan quarter of 2020 that are less than 35 percent political strategy or otherwise describes amount of loans guaranteed under this sub- of the amount of the gross receipts of the en- itself as a think tank in any public docu- section that are approved for an eligible entity during the first quarter of 2020; ments; or tity (including any affiliates) within 90 days ‘‘(II) includes an organization described in ‘‘(dd) any business concern or entity— of approval of another loan under this sub- subparagraph (D)(vii) of paragraph (36) that ‘‘(AA) for which an entity created in or or- section for the eligible entity (including any is eligible to receive a loan under that para- ganized under the laws of the People’s Re- affiliates) shall not exceed $10,000,000. graph and that meets the requirements de- public of China or the Special Administra- ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI- scribed in items (aa) and (cc) of subclause (I); tive Region of Hong Kong, or that has sig- CATION REQUIREMENTS.—An eligible entity and nificant operations in the People’s Republic applying for a covered loan shall not be re- ‘‘(III) does not include— of China or the Special Administrative Re- quired to make the certification described in ‘‘(aa) an issuer, the securities of which are gion of Hong Kong, owns or holds, directly or subclause (III) or (IV) of paragraph (36)(G)(i). listed on an exchange registered a national indirectly, not less than 20 percent of the ‘‘(E) FEE WAIVER.—With respect to a cov- securities exchange under section 6 of the economic interest of the business concern or ered loan— Securities Exchange Act of 1934 (15 U.S.C. entity, including as equity shares or a cap- ‘‘(i) in lieu of the fee otherwise applicable 78f); ital or profit interest in a limited liability under paragraph (23)(A), the Administrator ‘‘(bb) any entity that— company or partnership; or shall collect no fee; and

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‘‘(ii) in lieu of the fee otherwise applicable may make covered loans under the same (1) DEFINITIONS.—In this subsection, the under paragraph (18)(A), the Administrator terms and conditions as in paragraph (36). terms ‘‘covered loan’’ and ‘‘eligible recipi- shall collect no fee. ‘‘(J) REIMBURSEMENT FOR LOAN PROCESSING ent’’ have the meanings given those terms in ‘‘(F) ELIGIBLE CHURCHES AND RELIGIOUS OR- AND SERVICING.—The Administrator shall re- section 7(a)(36) of the Small Business Act (15 GANIZATIONS.— imburse a lender authorized to make a cov- U.S.C. 636(a)(36)). ‘‘(i) SENSE OF CONGRESS.—It is the sense of ered loan in an amount that is— (2) INCREASED AMOUNT.—Notwithstanding Congress that the interim final rule of the ‘‘(i) 3 percent of the principal amount of the interim final rule issued by the Adminis- Administration entitled ‘Business Loan Pro- the financing of the covered loan up to tration entitled ‘‘Business Loan Program gram Temporary Changes; Paycheck Protec- $350,000; and Temporary Changes; Paycheck Protection tion Program’ (85 Fed. Reg. 20817 (April 15, ‘‘(ii) 1 percent of the principal amount of Program—Loan Increases’’ (85 Fed. Reg. 2020)) properly clarified the eligibility of the financing of the covered loan above 29842 (May 19, 2020)), an eligible recipient of churches and religious organizations for $350,000, if applicable. a covered loan that is eligible for an in- loans made under paragraph (36). ‘‘(K) SET ASIDE FOR SMALL ENTITIES.—Not creased covered loan amount as a result of ‘‘(ii) APPLICABILITY OF PROHIBITION.—The less than $25,000,000,000 of the total amount any interim final rule that allows for cov- prohibition on eligibility established by sec- of covered loans guaranteed by the Adminis- ered loan increases may submit a request for tion 120.110(k) of title 13, Code of Federal trator shall be made to eligible entities with an increase in the covered loan amount even Regulations, or any successor regulation, not more than 10 employees as of February if— shall not apply to a covered loan. 15, 2020. (A) the initial covered loan amount has ‘‘(L) SET ASIDE FOR COMMUNITY FINANCIAL been fully disbursed; or ‘‘(G) GROSS RECEIPTS FOR NONPROFIT AND INSTITUTIONS, SMALL INSURED DEPOSITORY IN- (B) the lender of the initial covered loan VETERANS ORGANIZATIONS.—For purposes of STITUTIONS, CREDIT UNIONS, AND FARM CREDIT has submitted to the Administration a Form calculating gross receipts under subpara- SYSTEM INSTITUTIONS.—Not less than 1502 report related to the covered loan. graph (A)(v)(I)(cc) for an eligible entity that $10,000,000,000 of the total amount of covered (l) CALCULATION OF MAXIMUM LOAN AMOUNT is a nonprofit organization, a veterans orga- loans guaranteed by the Administrator shall FOR FARMERS AND RANCHERS UNDER THE PAY- nization, or an organization described in sub- be made by— CHECK PROTECTION PROGRAM.— paragraph (A)(v)(II), gross receipts— ‘‘(i) community financial institutions; (1) IN GENERAL.—Section 7(a)(36) of the ‘‘(i) shall include proceeds from fund- ‘‘(ii) insured depository institutions with Small Business Act (15 U.S.C. 636(a)(36)), as raising events, federated campaigns, gifts, consolidated assets of less than amended by subsection (j) of this section, is donor-advised funds, and funds from similar $10,000,000,000; amended— sources; and ‘‘(iii) credit unions with consolidated as- (A) in subparagraph (E), in the matter pre- ‘‘(ii) shall not include— sets of less than $10,000,000,000; and ceding clause (i), by striking ‘‘During’’ and ‘‘(I) Federal grants (excluding any loan for- ‘‘(iv) institutions of the Farm Credit Sys- inserting ‘‘Except as provided in subpara- giveness on loans received under paragraph tem chartered under the Farm Credit Act of graph (T), during’’; and (36) or this paragraph); 1971 (12 U.S.C. 2001 et seq.) with consolidated (B) by adding at the end the following: ‘‘(II) revenues from a supporting organiza- assets of less than $10,000,000,000 (not includ- ‘‘(T) CALCULATION OF MAXIMUM LOAN tion; ing the Federal Agricultural Mortgage Cor- AMOUNT FOR FARMERS AND RANCHERS.— ‘‘(III) grants from private foundations that poration). ‘‘(i) DEFINITION.—In this subparagraph, the are disbursed over the course of more than 1 ‘‘(M) PUBLICATION OF GUIDANCE.—Not later term ‘covered recipient’ means an eligible calendar year; or than 10 days after the date of enactment of recipient that— ‘‘(IV) any contribution of property other this paragraph, the Administrator shall issue ‘‘(I) operates as a sole proprietorship or as than money, stocks, bonds, and other securi- guidance addressing barriers to accessing an independent contractor, or is an eligible ties, provided that the non-cash contribution capital for minority, underserved, veteran, self-employed individual; is not sold by the organization in a trans- and women-owned business concerns for the ‘‘(II) reports farm income or expenses on a action unrelated to the tax-exempt purpose purpose of ensuring equitable access to cov- Schedule F (or any equivalent successor of the organization. ered loans. schedule); and ‘‘(H) LOAN FORGIVENESS.— ‘‘(N) STANDARD OPERATING PROCEDURE.— ‘‘(III) was in business during the period be- ‘‘(i) IN GENERAL.—Except as otherwise pro- The Administrator shall, to the maximum ginning on February 15, 2019 and ending on vided in this subparagraph, an eligible entity extent practicable, allow a lender approved June 30, 2019. shall be eligible for forgiveness of indebted- to make covered loans to use existing pro- ‘‘(ii) NO EMPLOYEES.—With respect to cov- ness on a covered loan in the same manner gram guidance and standard operating proce- ered recipient without employees, the max- as an eligible recipient with respect to a loan dures for loans made under this subsection. imum covered loan amount shall be the less- made under paragraph (36), as described in ‘‘(O) PROHIBITION ON USE OF PROCEEDS FOR er of— section 1106 of the CARES Act (15 U.S.C. LOBBYING ACTIVITIES.—None of the proceeds ‘‘(I) the sum of— 9005). of a covered loan may be used for— ‘‘(aa) the product obtained by multi- ‘‘(ii) FORGIVENESS AMOUNT.—An eligible en- ‘‘(i) lobbying activities, as defined in sec- plying— tity shall be eligible for forgiveness of in- tion 3 of the Lobbying Disclosure Act of 1995 ‘‘(AA) the gross income of the covered re- debtedness on a covered loan in an amount (2 U.S.C. 1602); cipient in 2019, as reported on a Schedule F equal to the sum of the following costs in- ‘‘(ii) lobbying expenditures related to a (or any equivalent successor schedule), that curred or expenditures made during the cov- State or local election; or is not more than $100,000, divided by 12; and ered period: ‘‘(iii) expenditures designed to influence ‘‘(BB) 2.5; and ‘‘(I) Payroll costs. the enactment of legislation, appropriations, ‘‘(bb) the outstanding amount of a loan ‘‘(II) Any payment of interest on any cov- regulation, administrative action, or Execu- under subsection (b)(2) that was made during ered mortgage obligation (which shall not in- tive order proposed or pending before Con- the period beginning on January 31, 2020 and clude any prepayment of or payment of prin- gress or any State government, State legis- ending on April 3, 2020 that the borrower in- cipal on a covered mortgage obligation). lature, or local legislature or legislative tends to refinance under the covered loan, ‘‘(III) Any covered operations expenditure. body.’’. not including any amount of any advance ‘‘(IV) Any covered property damage cost. (j) CONTINUED ACCESS TO THE PAYCHECK under the loan that is not required to be re- ‘‘(V) Any payment on any covered rent ob- PROTECTION PROGRAM.— paid; or ligation. (1) IN GENERAL.—Section 7(a)(36)(E)(ii) of ‘‘(II) $2,000,000. ‘‘(VI) Any covered utility payment. the Small Business Act (15 U.S.C. ‘‘(iii) WITH EMPLOYEES.—With respect to a ‘‘(VII) Any covered supplier cost. 636(a)(36)(E)(ii)) is amended by striking covered recipient with employees, the max- ‘‘(VIII) Any covered worker protection ex- ‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’. imum covered loan amount shall be cal- penditure. (2) APPLICABILITY OF MAXIMUM LOAN culated using the formula described in sub- ‘‘(iii) LIMITATION ON FORGIVENESS FOR ALL AMOUNT CALCULATION.— paragraph (E), except that the gross income ELIGIBLE ENTITIES.—The forgiveness amount (A) DEFINITIONS.—In this paragraph, the of the covered recipient described in clause under this subparagraph shall be equal to the terms ‘‘covered loan’’ and ‘‘eligible recipi- (ii)(I)(aa)(AA) of this subparagraph, as di- lesser of— ent’’ have the meanings given those terms in vided by 12, shall be added to the sum cal- ‘‘(I) the amount described in clause (ii); section 7(a)(36) of the Small Business Act (15 culated under subparagraph (E)(i)(I). and U.S.C. 636(a)(36)). ‘‘(iv) RECALCULATION.—A lender that made ‘‘(II) the amount equal to the quotient ob- (B) APPLICABILITY.—The amendment made a covered loan to a covered recipient before tained by dividing— by paragraph (1) shall apply only with re- the date of enactment of this subparagraph ‘‘(aa) the amount of the covered loan used spect to a covered loan applied for by an eli- may, at the request of the covered recipi- for payroll costs during the covered period; gible recipient on or after the date of enact- ent— and ment of this Act. ‘‘(I) recalculate the maximum loan amount ‘‘(bb) 0.60. (k) INCREASED ABILITY FOR PAYCHECK PRO- applicable to that covered loan based on the ‘‘(I) LENDER ELIGIBILITY.—Except as other- TECTION PROGRAM BORROWERS TO REQUEST AN formula described in clause (ii) or (iii), as ap- wise provided in this paragraph, a lender ap- INCREASE IN LOAN AMOUNT DUE TO UPDATED plicable, if doing so would result in a larger proved to make loans under paragraph (36) REGULATIONS.— covered loan amount; and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.039 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4757 ‘‘(II) provide the covered recipient with ad- (I) in subclause (II), by striking ‘‘and’’ at ‘‘(AA) is described in section 501(c) of the ditional covered loan amounts based on that the end; Internal Revenue Code and is exempt from recalculation.’’. (II) in subclause (III), by striking the pe- taxation under section 501(a) of such Code; or (m) FARM CREDIT SYSTEM INSTITUTIONS.— riod at the end and inserting ‘‘; and’’; and ‘‘(BB) is a quasi-governmental entity or is (1) DEFINITION OF FARM CREDIT SYSTEM IN- (III) by adding at the end the following: a political subdivision of a State or local STITUTION.—In this subsection, the term ‘‘(IV) institutions of the Farm Credit Sys- government, including any instrumentality ‘‘Farm Credit System institution’’— tem chartered under the Farm Credit Act of of those entities.’’. (A) means an institution of the Farm Cred- 1971 (12 U.S.C. 2001 et seq.) with consolidated (p) PROHIBITION ON USE OF LOAN PROCEEDS it System chartered under the Farm Credit assets of less than $10,000,000,000.’’. FOR LOBBYING ACTIVITIES.—Section Act of 1971 (12 U.S.C. 2001 et seq.); and (n) DEFINITION OF SEASONAL EMPLOYER.— 7(a)(36)(F) of the Small Business Act (15 (B) does not include the Federal Agricul- (1) PPP LOANS.—Section 7(a)(36)(A) of the U.S.C. 636(a)(36)(F)) is amended by adding at the end the following: tural Mortgage Corporation. Small Business Act (15 U.S.C. 636(a)(36)(A)) is ‘‘(vi) PROHIBITION.—None of the proceeds of (2) FACILITATION OF PARTICIPATION IN PPP amended— a covered loan may be used for— AND SECOND DRAW LOANS.— (A) in clause (xi), by striking ‘‘and’’ at the ‘‘(I) lobbying activities, as defined in sec- (A) APPLICABLE RULES.—Solely with re- end; tion 3 of the Lobbying Disclosure Act of 1995 spect to loans under paragraphs (36) and (37) (B) in clause (xii), by striking the period at (2 U.S.C. 1602); of section 7(a) of the Small Business Act (15 the end and inserting ‘‘; and’’; and ‘‘(II) lobbying expenditures related to a U.S.C. 636(a)), Farm Credit Administration (C) by adding at the end the following: State or local election; or regulations and guidance issued as of July ‘‘(xiii) the term ‘seasonal employer’ means ‘‘(III) expenditures designed to influence 14, 2020, and compliance with such regula- an eligible recipient that— the enactment of legislation, appropriations, tions and guidance, shall be deemed func- ‘‘(I) does not operate for more than 7 regulation, administrative action, or Execu- tionally equivalent to requirements ref- months in any calendar year; or tive order proposed or pending before Con- erenced in section 3(a)(iii)(II) of the interim ‘‘(II) during the preceding calendar year, gress or any State government, State legis- final rule of the Administration entitled had gross receipts for any 6 months of that lature, or local legislature or legislative ‘‘Business Loan Program Temporary year that were not more than 33.33 percent of body.’’. Changes; Paycheck Protection Program’’ (85 the gross receipts of the employer for the other 6 months of that year.’’. (q) EFFECTIVE DATE; APPLICABILITY.—The Fed. Reg. 20811 (April 15, 2020)) or any similar amendments made to paragraph (36) of sec- (2) LOAN FORGIVENESS.—Paragraph (12) of requirement referenced in that interim final tion 7(a) of the Small Business Act (15 U.S.C. section 1106(a) of the CARES Act (15 U.S.C. rule in implementing such paragraph (37). 636(a)) and title I of the CARES Act (Public 9005(a)), as so redesignated by subsection (B) APPLICABILITY OF CERTAIN LOAN RE- Law 116–136) under this section shall be effec- (d)(2) of this section, is amended to read as QUIREMENTS.—For purposes of making loans tive as if included in the CARES Act and under paragraph (36) or (37) of section 7(a) of follows: shall apply to any loan made pursuant to the Small Business Act (15 U.S.C. 636(a)) or ‘‘(12) the terms ‘payroll costs’ and ‘sea- section 7(a)(36) of the Small Business Act (15 forgiving those loans in accordance with sec- sonal employer’ have the meanings given U.S.C. 636(a)(36)). tion 1106 of the CARES Act (15 U.S.C. 9005) those terms in section 7(a)(36) of the Small (r) BANKRUPTCY PROVISIONS.— and subparagraph (H) of such paragraph (37), Business Act (15 U.S.C. 636(a)(36)).’’. (1) IN GENERAL.—Section 364 of title 11, sections 4.13, 4.14, and 4.14A of the Farm (o) ELIGIBILITY OF 501(C)(6) ORGANIZATIONS United States Code, is amended by adding at Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) FOR LOANS UNDER THE PAYCHECK PROTECTION the end the following: (including regulations issued under those PROGRAM.—Section 7(a)(36)(D) of the Small ‘‘(g)(1) The court, after notice and a hear- sections) shall not apply. Business Act (15 U.S.C. 636(a)(36)(D)) is ing, may authorize a debtor in possession or (C) RISK WEIGHT.— amended— a trustee that is authorized to operate the (i) IN GENERAL.—With respect to the appli- (1) in clause (v), by inserting ‘‘or whether business of the debtor under section 1183, cation of Farm Credit Administration cap- an organization described in clause (vii) em- 1184, 1203, 1204, or 1304 of this title to obtain ital requirements, a loan described in clause ploys not more than 150 employees,’’ after a loan under paragraph (36) or (37) of section (ii)— ‘‘clause (i)(I),’’; 7(a) of the Small Business Act (15 U.S.C. (I) shall receive a risk weight of zero per- (2) in clause (vi), by inserting ‘‘, an organi- 636(a)), and such loan shall be treated as a cent; and zation described in clause (vii),’’ after ‘‘non- debt to the extent the loan is not forgiven in (II) shall not be included in the calculation profit organization’’; and accordance with section 1106 of the CARES of any applicable leverage ratio or other ap- (3) by adding at the end the following: Act (15 U.S.C. 9005) or subparagraph (H) of plicable capital ratio or calculation. ‘‘(vii) ELIGIBILITY FOR CERTAIN 501(C)(6) OR- such paragraph (37), as applicable, with pri- (ii) LOANS DESCRIBED.—A loan referred to GANIZATIONS.— ority equal to a claim of the kind specified in clause (i) is— ‘‘(I) IN GENERAL.—Except as provided in in subsection (c)(1) of this section. (I) a loan made by a Farm Credit Bank de- subclause (II), any organization that is de- ‘‘(2) The trustee may incur debt described scribed in section 1.2(a) of the Farm Credit scribed in section 501(c)(6) of the Internal in paragraph (1) notwithstanding any provi- Act of 1971 (12 U.S.C. 2002(a)) to a Federal Revenue Code and that is exempt from tax- sion in a contract, prior order authorizing the trustee to incur debt under this section, Land Bank Association, a Production Credit ation under section 501(a) of such Code (ex- prior order authorizing the trustee to use Association, or an agricultural credit asso- cluding professional sports leagues and orga- cash collateral under section 363, or applica- ciation described in that section to make nizations with the purpose of promoting or ble law that prohibits the debtor from incur- loans under paragraph (36) or (37) of section participating in a political campaign or ring additional debt. 7(a) of the Small Business Act (15 U.S.C. other activity) shall be eligible to receive a ‘‘(3) The court shall hold a hearing within 636(a)) or forgive those loans in accordance covered loan if— 7 days after the filing and service of the mo- with section 1106 of the CARES Act (15 ‘‘(aa) the organization does not receive tion to obtain a loan described in paragraph U.S.C. 9005) and subparagraph (H) of such more than 10 percent of its receipts from lob- (1).’’. paragraph (37); or bying activities; (2) ALLOWANCE OF ADMINISTRATIVE EX- (II) a loan made by a Federal Land Bank ‘‘(bb) the lobbying activities of the organi- PENSES.—Section 503(b) of title 11, United Association, a Production Credit Associa- zation do not comprise more than 10 percent States Code, is amended— tion, an agricultural credit association, or of the total activities of the organization; (A) in paragraph (8)(B), by striking ‘‘and’’ the bank for cooperatives described in sec- and at the end; tion 1.2(a) of the Farm Credit Act of 1971 (12 ‘‘(cc) the organization employs not more (B) in paragraph (9), by striking the period U.S.C. 2002(a)) under paragraph (36) or (37) of than 150 employees. at the end and inserting ‘‘; and’’; and section 7(a) of the Small Business Act (15 ‘‘(II) DESTINATION MARKETING ORGANIZA- (C) by adding at the end the following: U.S.C. 636(a)). TIONS.—Notwithstanding subclause (I), dur- ‘‘(10) any debt incurred under section (D) RESERVATION OF LOAN GUARANTEES.— ing the covered period, any destination mar- 364(g)(1) of this title.’’. Section 7(a)(36)(S) of the Small Business Act keting organization shall be eligible to re- (3) CONFIRMATION OF PLAN FOR REORGANIZA- (15 U.S.C. 636(a)(36)(S)) is amended— ceive a covered loan if— TION.—Section 1191 of title 11, United States (i) in clause (i)— ‘‘(aa) the destination marketing organiza- Code, is amended by adding at the end the (I) in subclause (I), by striking ‘‘and’’ at tion does not receive more than 10 percent of following: the end; its receipts from lobbying activities; ‘‘(f) SPECIAL PROVISION RELATED TO (II) in subclause (II), by striking the period ‘‘(bb) the lobbying activities of the destina- COVID–19 PANDEMIC.—Notwithstanding sec- at the end and inserting ‘‘; and’’; and tion marketing organization do not comprise tion 1129(a)(9)(A) of this title and subsection (III) by adding at the end the following: more than 10 percent of the total activities (e) of this section, a plan that provides for ‘‘(III) institutions of the Farm Credit Sys- of the organization; payment of a claim of a kind specified in sec- tem chartered under the Farm Credit Act of ‘‘(cc) the destination marketing organization 503(b)(10) of this title may be confirmed 1971 (12 U.S.C. 2001 et seq.) with consolidated tion employs not more than 150 employees; under subsection (b) of this section if the assets of not less than $10,000,000,000 and less and plan proposes to make payments on account than $50,000,000,000.’’; and ‘‘(dd) the destination marketing organiza- of such claim when due under the terms of (ii) in clause (ii)— tion— the loan giving rise to such claim.’’.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.039 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4758 CONGRESSIONAL RECORD — SENATE August 4, 2020

(4) CONFIRMATION OF PLAN FOR FAMILY day period or, if applicable, later period de- section, on or after the date of enactment of FARMERS AND FISHERMEN.—Section 1225 of scribed in that clause, the Administrator this Act; and title 11, United States Code, is amended by shall, during that 30-day (or later) period, (B) shall not apply with respect to— adding at the end the following: submit to the Committee on Small Business (i) any transaction described in subpara- ‘‘(d) Notwithstanding section 1222(a)(2) of and Entrepreneurship of the Senate and the graph (A) that was made before the date of this title and subsection (b)(1) of this sec- Committee on Small Business of the House enactment of this Act; or tion, a plan that provides for payment of a of Representatives a notification that in- (ii) forgiveness under section 1106 of the claim of a kind specified in section 503(b)(10) cludes a detailed justification for the inabil- CARES Act (15 U.S.C. 9005) or any other proof this title may be confirmed if the plan ity of the Administrator to comply with the vision of law of any loan associated with any proposes to make payments on account of request or inquiry. transaction described in subparagraph (A) such claim when due under the terms of the (2) TESTIMONY.—Not later than the date that was made before the date of enactment loan giving rise to such claim.’’. that is 30 days after the date of enactment of of this Act. (5) CONFIRMATION OF PLAN FOR INDIVID- this Act, and every quarter thereafter until (u) COMMITMENT AUTHORITY AND APPRO- UALS.—Section 1325 of title 11, United States the date that is 2 years after the date of en- Code, is amended by adding at the end the actment of this Act, the Administrator and PRIATIONS.— following: the Secretary of the Treasury shall testify (1) COMMITMENT AUTHORITY.—Section ‘‘(d) Notwithstanding section 1322(a)(2) of before the Committee on Small Business and 1102(b) of the CARES Act (Public Law 116– this title and subsection (b)(1) of this sec- Entrepreneurship of the Senate and the Com- 136) is amended— tion, a plan that provides for payment of a mittee on Small Business of the House of (A) in paragraph (1)— claim of a kind specified in section 503(b)(10) Representatives regarding implementation (i) in the paragraph heading, by inserting of this title may be confirmed if the plan ‘‘AND SECOND DRAW’’ after ‘‘PPP’’; proposes to make payments on account of of this section and the amendments made by this section. (ii) by striking ‘‘August 8, 2020’’ and insert- such claim when due under the terms of the ing ‘‘December 31, 2020’’; (t) CONFLICTS OF INTEREST.— loan giving rise to such claim.’’. (iii) by striking ‘‘paragraph (36)’’ and in- (1) DEFINITIONS.—In this subsection: (6) EFFECTIVE DATE; SUNSET.— serting ‘‘paragraphs (36) and (37)’’; and (A) CONTROLLING INTEREST.—The term (A) EFFECTIVE DATE.—The amendments (iv) by striking ‘‘$659,000,000,000’’ and in- made by paragraphs (1) through (5) shall— ‘‘controlling interest’’ means owning, con- serting ‘‘$816,690,000,000’’; and (i) take effect on the date on which the Ad- trolling, or holding not less than 20 percent, (B) by amending paragraph (2) to read as ministrator submits to the Director of the by vote or value, of the outstanding amount follows: Executive Office for United States Trustees a of any class of equity interest in an entity. ‘‘(2) OTHER 7(A) LOANS.—During fiscal year written determination that, subject to satis- (B) COVERED ENTITY.— 2020, the amount authorized for commit- fying any other eligibility requirements, any (i) DEFINITION.—The term ‘‘covered entity’’ ments for section 7(a) of the Small Business debtor in possession or trustee that is au- means an entity in which a covered indi- Act (15 U.S.C. 636(a)) under the heading thorized to operate the business of the debt- vidual directly or indirectly holds a control- ‘Small Business Administration—Business or under section 1183, 1184, 1203, 1204, or 1304 ling interest. Loans Program Account’ in the Financial of title 11, United States Code, would be eli- (ii) TREATMENT OF SECURITIES.—For the Services and General Government Appropria- gible for a loan under paragraphs (36) and (37) purpose of determining whether an entity is tions Act, 2020 (division C of Public Law 116– of section 7(a) of the Small Business Act (15 a covered entity, the securities owned, con- 193) shall apply with respect to any commit- U.S.C. 636(a)); and trolled, or held by 2 or more individuals who ments under such section 7(a) other than (ii) apply to any case pending on or com- are related as described in subparagraph under paragraphs (36) and (37) of such section menced on or after the date described in (C)(ii) shall be aggregated. 7(a).’’. clause (i). (C) COVERED INDIVIDUAL.—The term ‘‘cov- (2) DIRECT APPROPRIATIONS.— (B) SUNSET.— ered individual’’ means— (A) RESCISSION.—With respect to unobli- (i) IN GENERAL.—If the amendments made (i) the President, the Vice President, the gated balances under the heading ‘‘ ‘Small by this subsection take effect under subpara- head of an Executive department, or a Mem- Business Administration—Business Loans graph (A), effective on the date that is 2 ber of Congress; and Program Account, CARES Act’’ as of the day years after the date of enactment of this (ii) the spouse, child, son-in-law, or daugh- before the date of enactment of this Act, Act— ter-in-law, as determined under applicable $100,000,000,000 shall be rescinded and depos- (I) section 364 of title 11, United States common law, of an individual described in ited into the general fund of the Treasury. Code, is amended by striking subsection (g); clause (i). (B) NEW DIRECT APPROPRIATIONS FOR PPP (II) section 503(b) of title 11, United States (D) EXECUTIVE DEPARTMENT.—The term LOANS, SECOND DRAW LOANS, AND THE MBDA.— Code, is amended— ‘‘Executive department’’ has the meaning (i) PPP AND SECOND DRAW LOANS.—There is (aa) in paragraph (8)(B), by adding ‘‘and’’ given the term in section 101 of title 5, appropriated, out of amounts in the Treas- at the end; United States Code. ury not otherwise appropriated, for the fiscal (bb) in paragraph (9), by striking ‘‘; and’’ at (E) MEMBER OF CONGRESS.—The term year ending September 30, 2020, to remain the end and inserting a period; and ‘‘Member of Congress’’ means a Member of available until September 30, 2021, for addi- (cc) by striking paragraph (10); the Senate or House of Representatives, a tional amounts— (III) section 1191 of title 11, United States Delegate to the House of Representatives, (I) $257,690,000,000 under the heading Code, is amended by striking subsection (f); and the Resident Commissioner from Puerto ‘‘Small Business Administration—Business (IV) section 1225 of title 11, United States Rico. Loans Program Account, CARES Act’’ for Code, is amended by striking subsection (d); (F) EQUITY INTEREST.—The term ‘‘equity the cost of guaranteed loans as authorized and interest’’ means— under paragraph (36) and (37) of section 7(a) (V) section 1325 of title 11, United States (i) a share in an entity, without regard to of the Small Business Act (15 U.S.C. 636(a)), Code, is amended by striking subsection (d). whether the share is— as amended and added by this Act; and (ii) APPLICABILITY.—Notwithstanding the (I) transferable; or (II) $10,000,000 under the heading under the amendments made by clause (i) of this sub- (II) classified as stock or anything similar; heading ‘‘Department of Commerce—Minor- paragraph, if the amendments made by para- (ii) a capital or profit interest in a limited ity Business Development Agency’’ for mi- graphs (1), (2), (3), (4), and (5) take effect liability company or partnership; or nority business centers of the Minority Busi- under subparagraph (A) of this paragraph, (iii) a warrant or right, other than a right ness Development Agency to provide tech- such amendments shall apply to any case to convert, to purchase, sell, or subscribe to nical assistance to small business concerns. under title 11, United States Code, com- a share or interest described in clause (i) or (C) AVAILABILITY OF AMOUNTS APPRO- menced before the date that is 2 years after (ii), respectively. PRIATED FOR THE OFFICE OF INSPECTOR GEN- the date of enactment of this Act. (2) REQUIREMENT.—The principal executive ERAL.—Section 1107(a)(3) of the CARES Act (s) OVERSIGHT.— officer and the principal financial officer, or (15 U.S.C. 9006(a)(3)) is amended by striking (1) COMPLIANCE WITH OVERSIGHT REQUIRE- individuals performing similar functions, of ‘‘September 20, 2024’’ and inserting ‘‘ex- MENTS.— an entity seeking to enter a transaction pended’’. (A) IN GENERAL.—Except as provided in made under paragraph (36) or (37) of section subparagraph (B), on and after the date of 7(a) of the Small Business Act (15 U.S.C. (v) EMERGENCY DESIGNATION.— enactment of this Act, the Administrator 636(a)), as added and amended by this sec- (1) IN GENERAL.—The amounts provided shall comply with any data or information tion, shall, before that transaction is ap- under this section are designated as an emer- requests or inquiries made by the Comp- proved, disclose to the Administrator wheth- gency requirement pursuant to section 4(g) troller General of the United States not later er the entity is a covered entity. of the Statutory Pay-As-You-Go Act of 2010 than 30 days (or such later date as the Comp- (3) APPLICABILITY.—The requirement under (2 U.S.C. 933(g)). troller General may specify) after receiving paragraph (2)— (2) DESIGNATION IN SENATE.—In the Senate, the request or inquiry. (A) shall apply with respect to any trans- this section is designated as an emergency (B) EXCEPTION.—If the Administrator is un- action made under paragraph (36) or (37) of requirement pursuant to section 4112(a) of H. able to comply with a request or inquiry de- section 7(a) of the Small Business Act (15 Con. Res. 71 (115th Congress), the concurrent scribed in subparagraph (A) within the 30- U.S.C. 636(a)), as added and amended by this resolution on the budget for fiscal year 2018.

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Mr. RUBIO (for himself and ‘‘(5) the term ‘covered supplier cost’ means ments on covered worker protection expendi- Ms. COLLINS) submitted an amendment an expenditure made by an entity to a sup- tures,’’ after ‘‘lease obligations,’’; and intended to be proposed by him to the plier of goods pursuant to a contract in ef- (ii) in paragraph (3)(B), by inserting ‘‘make bill S. 178, to condemn gross human fect before February 15, 2020 for the supply of payments on covered operations expendi- goods that are essential to the operations of tures, make payments on covered property rights violations of ethnic Turkic Mus- the entity at the time at which the expendi- damage costs, make payments on covered lims in Xinjiang, and calling for an end ture is made;’’; supplier costs, make payments on covered to arbitrary detention, torture, and (viii) by inserting after paragraph (8), as so worker protection expenditures,’’ after ‘‘rent harassment of these communities in- redesignated, the following: obligation,’’. side and outside China; which was or- ‘‘(9) the term ‘covered worker protection (e) LENDER SAFE HARBOR.—Subsection (h) dered to lie on the table; as follows: expenditure’— of section 1106 of the CARES Act (15 U.S.C. ‘‘(A) means an operating or a capital ex- At the appropriate place, insert the fol- 9005) is amended to read as follows: penditure that is required to facilitate the lowing: ‘‘(h) HOLD HARMLESS.— adaptation of the business activities of an N GENERAL SEC. ll. SMALL BUSINESS RECOVERY. ‘‘(1) I .—A lender may rely on entity to comply with requirements estab- any certification or documentation sub- (a) SHORT TITLE.—This section may be lished or guidance issued by the Department cited as the ‘‘Continuing the Paycheck Pro- mitted by an applicant for a covered loan or of Health and Human Services, the Centers an eligible recipient of a covered loan that— tection Program Act’’. for Disease Control, or the Occupational (b) DEFINITIONS.—In this section: ‘‘(A) is submitted pursuant to any statu- Safety and Health Administration during the tory requirement relating to covered loans (1) ADMINISTRATION; ADMINISTRATOR.—The period beginning on March 1, 2020 and ending terms ‘‘Administration’’ and ‘‘Adminis- or any rule or guidance issued to carry out December 31, 2020 related to the maintenance any action relating to covered loans; and trator’’ mean the Small Business Adminis- of standards for sanitation, social tration and the Administrator thereof, re- ‘‘(B) attests that the applicant or eligible distancing, or any other worker or customer recipient, as applicable, has accurately spectively. safety requirement related to COVID–19; (2) SMALL BUSINESS CONCERN.—The term verified any certification or documentation ‘‘(B) may include— provided to the lender. ‘‘small business concern’’ has the meaning ‘‘(i) the purchase, maintenance, or renova- ‘‘(2) NO ENFORCEMENT ACTION.—With re- given the term in section 3 of the Small tion of assets that create or expand— Business Act (15 U.S.C. 632). spect to a lender that relies on a certifi- ‘‘(I) a drive-through window facility; cation or documentation described in para- (c) EMERGENCY RULEMAKING AUTHORITY.— ‘‘(II) an indoor, outdoor, or combined air or graph (1)— Not later than 30 days after the date of en- air pressure ventilation or filtration system; ‘‘(A) an enforcement action may not be actment of this Act, the Administrator shall ‘‘(III) a physical barrier such as a sneeze taken against the lender acting in good faith issue regulations to carry out this section guard; relating to origination or forgiveness of a and the amendments made by this section ‘‘(IV) an indoor, outdoor, or combined com- covered loan based on such reliance; and without regard to the notice requirements mercial real property; ‘‘(B) the lender acting in good faith shall under section 553(b) of title 5, United States ‘‘(V) an onsite or offsite health screening not be subject to any penalties relating to Code. capability; or origination or forgiveness of a covered loan (d) ADDITIONAL ELIGIBLE EXPENSES.— ‘‘(VI) other assets relating to the compli- based on such reliance.’’. (1) ALLOWABLE USE OF PPP LOAN.—Section ance with the requirements or guidance de- 7(a)(36)(F)(i) of the Small Business Act (15 scribed in subparagraph (A), as determined (f) SELECTION OF COVERED PERIOD FOR FOR- U.S.C. 636(a)(36)(F)(i)) is amended— by the Administrator in consultation with GIVENESS.—Section 1106 of the CARES Act (A) in subclause (VI), by striking ‘‘and’’ at the Secretary of Health and Human Services (15 U.S.C. 9005) is amended— the end; and the Secretary of Labor; and (1) by amending paragraph (4) of subsection (B) in subclause (VII), by striking the pe- ‘‘(ii) the purchase of— (a), as so redesignated by subsection (d) of riod at the end and inserting a semicolon; ‘‘(I) covered materials described in section this section, to read as follows: and 328.103(a) of title 44, Code of Federal Regula- ‘‘(4) the term ‘covered period’ means the (C) by adding at the end the following: tions, or any successor regulation; period— ‘‘(VIII) covered operations expenditures, as ‘‘(II) particulate filtering facepiece res- ‘‘(A) beginning on the date of the origina- defined in section 1106(a) of the CARES Act pirators approved by the National Institute tion of a covered loan; and (15 U.S.C. 9005(a)); for Occupational Safety and Health, includ- ‘‘(B) ending on a date selected by the eligi- ‘‘(IX) covered property damage costs, as ing those approved only for emergency use ble recipient of the covered loan that occurs defined in such section 1106(a); authorization; or during the period— ‘‘(X) covered supplier costs, as defined in ‘‘(III) other kinds of personal protective ‘‘(i) beginning on the date that is 8 weeks such section 1106(a); and equipment, as determined by the Adminis- after such date of origination; and ‘‘(XI) covered worker protection expendi- trator in consultation with the Secretary of ‘‘(ii) ending on December 31, 2020;’’; and tures, as defined in such section 1106(a).’’. Health and Human Services and the Sec- (2) by striking subsection (l). (2) LOAN FORGIVENESS.—Section 1106 of the retary of Labor; and (g) SIMPLIFIED APPLICATION.—Section 1106 CARES Act (15 U.S.C. 9005) is amended— ‘‘(C) does not include residential real prop- of the CARES Act (15 U.S.C. 9005), as amend- (A) in subsection (a)— erty or intangible property;’’; and ed by subsection (f) of this section, is amend- (i) by redesignating paragraphs (6), (7), and (ix) in paragraph (11), as so redesignated— ed— (8) as paragraphs (10), (11), and (12), respec- (I) in subparagraph (C), by striking ‘‘and’’ (1) in subsection (e), in the matter pre- tively; at the end; ceding paragraph (1), by striking ‘‘An eligi- (ii) by redesignating paragraph (5) as para- (II) in subparagraph (D), by striking ‘‘and’’ ble’’ and inserting ‘‘Except as provided in graph (8); at the end; and subsection (l), an eligible’’; (iii) by redesignating paragraph (4) as para- (III) by adding at the end the following: (2) in subsection (f), by inserting ‘‘or the graph (6); ‘‘(E) covered operations expenditures; information required under subsection (l), as (iv) by redesignating paragraph (3) as para- ‘‘(F) covered property damage costs; applicable’’ after ‘‘subsection (e)’’; and graph (4); ‘‘(G) covered supplier costs; and (3) by adding at the end the following: (v) by inserting after paragraph (2) the fol- ‘‘(H) covered worker protection expendi- ‘‘(l) SIMPLIFIED APPLICATION.— lowing: tures; and’’; ‘‘(1) COVERED LOANS UNDER $150,000.— ‘‘(3) the term ‘covered operations expendi- (B) in subsection (b), by adding at the end ‘‘(A) IN GENERAL.—Notwithstanding sub- ture’ means a payment for any business soft- the following: section (e), with respect to a covered loan ware or cloud computing service that facili- ‘‘(5) Any covered operations expenditure. made to an eligible recipient that is not tates business operations, product or service ‘‘(6) Any covered property damage cost. more than $150,000, the covered loan amount delivery, the processing, payment, or track- ‘‘(7) Any covered supplier cost. shall be forgiven under this section if the eli- ing of payroll expenses, human resources, ‘‘(8) Any covered worker protection ex- gible recipient— sales and billing functions, or accounting or penditure.’’; ‘‘(i) signs and submits to the lender an at- tracking of supplies, inventory, records and (C) in subsection (d)(8), by inserting ‘‘any testation that the eligible recipient made a expenses;’’; payment on any covered operations expendi- good faith effort to comply with the require- (vi) by inserting after paragraph (4), as so ture, any payment on any covered property ments under section 7(a)(36) of the Small redesignated, the following: damage cost, any payment on any covered Business Act (15 U.S.C. 636(a)(36)); and ‘‘(5) the term ‘covered property damage supplier cost, any payment on any covered ‘‘(ii) for the 1-year period following sub- cost’ means a cost related to property dam- worker protection expenditure,’’ after ‘‘rent mission of the attestation under clause (i), age and vandalism or looting due to public obligation,’’; and retains records relevant to the attestation disturbances that occurred during 2020 that (D) in subsection (e)— that prove compliance with those require- was not covered by insurance or other com- (i) in paragraph (2), by inserting ‘‘payments. pensation;’’; ments on covered operations expenditures, ‘‘(B) DEMOGRAPHIC INFORMATION.—An eligi- (vii) by inserting after paragraph (6), as so payments on covered property damage costs, ble recipient of a covered loan described in redesignated, the following: payments on covered supplier costs, pay- subparagraph (A) may complete and submit

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.038 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4760 CONGRESSIONAL RECORD — SENATE August 4, 2020 any form related to borrower demographic ‘‘(iii) any substantial changes made to the ‘‘(II) includes an organization described in information. audit plan submitted under subparagraph subparagraph (D)(vii) of paragraph (36) that ‘‘(C) AUDIT.—The Administrator may— (A).’’. is eligible to receive a loan under that para- ‘‘(i) review and audit covered loans de- (h) GROUP INSURANCE PAYMENTS AS PAY- graph and that meets the requirements described in subparagraph (A); and ROLL COSTS.—Section scribed in items (aa) and (cc) of subclause (I); ‘‘(ii) in the case of fraud, ineligibility, or 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Busi- and other material noncompliance with applica- ness Act (15 U.S.C. ‘‘(III) does not include— ble loan or loan forgiveness requirements, 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by ‘‘(aa) an issuer, the securities of which are modify— inserting ‘‘and other group insurance’’ before listed on an exchange registered a national ‘‘(I) the amount of a covered loan described ‘‘benefits’’. securities exchange under section 6 of the in subparagraph (A); or (i) PAYCHECK PROTECTION PROGRAM SECOND Securities Exchange Act of 1934 (15 U.S.C. ‘‘(II) the loan forgiveness amount with re- DRAW LOANS.—Section 7(a) of the Small 78f); spect to a covered loan described in subpara- Business Act (15 U.S.C. 636(a)) is amended by ‘‘(bb) any entity that— graph (A). adding at the end the following: ‘‘(AA) is a type of business concern de- ‘‘(2) COVERED LOANS BETWEEN $150,000 AND ‘‘(37) PAYCHECK PROTECTION PROGRAM SEC- scribed in subsection (b), (c), (d), (e), (f), (h), $2,000,000.— OND DRAW LOANS.— (l) (m), (p), (q), (r), or (s) of section 120.110 of ‘‘(A) IN GENERAL.—Notwithstanding sub- ‘‘(A) DEFINITIONS.—In this paragraph— title 13, Code of Federal Regulations, or any section (e), with respect to a covered loan ‘‘(i) the terms ‘community financial insti- successor regulation; made to an eligible recipient that is more tutions’, ‘credit union’, ‘eligible self-em- ‘‘(BB) is a type of business concern de- than $150,000 and not more than $2,000,000— ployed individual’, ‘insured depository insti- scribed in section 120.110(g) of title 13, Code ‘‘(i) the eligible recipient seeking loan for- tution’, ‘nonprofit organization’, ‘payroll of Federal Regulations, or any successor reg- giveness under this section— costs’, ‘seasonal employer’, and ‘veterans or- ulation, except as otherwise provided in the ‘‘(I) is not required to submit the sup- ganization’ have the meanings given those interim final rule of the Administration en- porting documentation described in para- terms in paragraph (36), except that ‘eligible titled ‘Business Loan Program Temporary graph (1) or (2) of subsection (e) or the cer- entity’ shall be substituted for ‘eligible re- Changes; Paycheck Protection Program—Ad- tification described in subsection (e)(3)(A); cipient’ each place it appears in the defini- ditional Eligibility Criteria and Require- ‘‘(II) shall retain all relevant schedules, tions of those terms; ments for Certain Pledges of Loans’ (85 Fed. worksheets, and supporting documentation ‘‘(ii) the term ‘covered loan’ means a loan Reg. 21747 (April 20, 2020)); for the 3-year period following submission of made under this paragraph; ‘‘(CC) is a type of business concern de- the application for loan forgiveness; and ‘‘(iii) the terms ‘covered mortgage obliga- scribed in section 120.110(i) of title 13, Code of ‘‘(III) may complete and submit any form tion’, ‘covered operating expenditure’, ‘cov- Federal Regulations, or any successor regu- related to borrower demographic informa- ered property damage cost’, ‘covered rent ob- lation, except if the business concern is an tion; ligation’, ‘covered supplier cost’, ‘covered organization described in paragraph ‘‘(ii) review by the lender of an application utility payment’, and ‘covered worker pro- (36)(D)(vii); submitted by the eligible recipient for loan tection expenditure’ have the meanings ‘‘(DD) is a type of business concern de- forgiveness under this section shall be lim- given those terms in section 1106(a) of the scribed in section 120.110(j) of title 13, Code of ited to whether the lender received a com- CARES Act (15 U.S.C. 9005(a)); Federal Regulations, or any successor regu- plete application, with all fields completed, ‘‘(iv) the term ‘covered period’ means the lation, except as otherwise provided in the initialed, or signed, as applicable; and period beginning on the date of the origina- interim final rules of the Administration en- ‘‘(iii) the lender shall— tion of a covered loan and ending on Decem- titled ‘Business Loan Program Temporary ‘‘(I) accept the application submitted by ber 31, 2020; Changes; Paycheck Protection Program— the eligible recipient for loan forgiveness ‘‘(v) the term ‘eligible entity’— Eligibility of Certain Electric Cooperatives’ under this section; and ‘‘(I) means any business concern, nonprofit (85 Fed. Reg. 29847 (May 19, 2020)) and ‘Busi- ‘‘(II) submit the application to the Admin- organization, veterans organization, Tribal ness Loan Program Temporary Changes; istrator. business concern, eligible self-employed indi- Paycheck Protection Program—Eligibility ‘‘(B) AUDIT.—The Administrator may— vidual, sole proprietor, independent con- of Certain Telephone Cooperatives’ (85 Fed. ‘‘(i) review and audit covered loans de- tractor, or small agricultural cooperative Reg. 35550 (June 11, 2020)) or any other guid- scribed in subparagraph (A); and that— ance or rule issued or that may be issued by ‘‘(ii) in the case of fraud, ineligibility, or ‘‘(aa)(AA) with respect to a business con- the Administrator; other material noncompliance with applica- cern, would qualify as a small business con- ‘‘(EE) is a type of business concern de- ble loan or loan forgiveness requirements, cern by the annual receipts size standard (if scribed in section 120.110(n) of title 13, Code modify— applicable) established by section 121.201 of of Federal Regulations, or any successor reg- ‘‘(I) the amount of a covered loan described title 13, Code of Federal Regulations, or any ulation, except as otherwise provided in the in subparagraph (A); or successor regulation; or interim final rule of the Administration en- ‘‘(II) the loan forgiveness amount with re- ‘‘(BB) if the entity does not qualify as a titled ‘Business Loan Program Temporary spect to a covered loan described in subpara- small business concern, meets the alter- Changes; Paycheck Protection Program—Ad- graph (A). native size standard established under sec- ditional Eligibility Revisions to First In- ‘‘(3) AUDIT PLAN.— tion 3(a)(5); terim Final Rule’ (85 Fed. Reg. 38301 (June ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(bb) employs not more than 300 employ- 26, 2020)) or any other guidance or rule issued after the date of enactment of the Con- ees; and or that may be issued by the Administrator; tinuing the Paycheck Protection Program ‘‘(cc)(AA) except as provided in subitems ‘‘(FF) is a type of business concern de- Act, the Administrator shall submit to the (BB), (CC), and (DD), had gross receipts dur- scribed in section 120.110(o) of title 13, Code Committee on Small Business and Entrepre- ing the first or second quarter in 2020 that of Federal Regulations, or any successor reg- neurship of the Senate and the Committee are not less than 35 percent less than the ulation, except as otherwise provided in any on Small Business of the House of Represent- gross receipts of the entity during the same guidance or rule issued or that may be issued atives an audit plan that details— quarter in 2019; by the Administrator; or ‘‘(i) the policies and procedures of the Ad- ‘‘(BB) if the entity was not in business dur- ‘‘(GG) is an entity that is organized for re- ministrator for conducting reviews and au- ing the first or second quarter of 2019, but search or for engaging in advocacy in areas dits of covered loans; and was in business during the third and fourth such as public policy or political strategy or ‘‘(ii) the metrics that the Administrator quarter of 2019, had gross receipts during the otherwise describes itself as a think tank in shall use to determine which covered loans first or second quarter of 2020 that are less any public documents; will be audited for each category of covered than 35 percent of the amount of the gross ‘‘(HH) is an entity that would be described loans described in paragraphs (1) and (2). receipts of the entity during the third or in the subsections listed in subitems (AA) ‘‘(B) REPORTS.—Not later than 30 days fourth quarter of 2019; through (GG) if the entity were a business after the date on which the Administrator ‘‘(CC) if the entity was not in business dur- concern; or submits the audit plan required under sub- ing the first, second, or third quarter of 2019, ‘‘(II) is assigned, or was approved for a loan paragraph (A), and each month thereafter, but was in business during the fourth quarter under paragraph (36) with, a North American the Administrator shall submit to the Com- of 2019, had gross receipts during the first or Industry Classification System code begin- mittee on Small Business and Entrepreneur- second quarter of 2020 that are less than 35 ning with 52; ship of the Senate and the Committee on percent of the amount of the gross receipts ‘‘(cc) any business concern or entity pri- Small Business of the House of Representa- of the entity during the fourth quarter of marily engaged in political or lobbying ac- tives a report on the review and audit activi- 2019; or tivities, which shall include any entity that ties of the Administrator under this sub- ‘‘(DD) if the entity was not in business dur- is organized for research or for engaging in section, which shall include— ing 2019, but was in operation on February advocacy in areas such as public policy or ‘‘(i) the number of active reviews and au- 15, 2020, had gross receipts during the second political strategy or otherwise describes dits; quarter of 2020 that are less than 35 percent itself as a think tank in any public docu- ‘‘(ii) the number of reviews and audits that of the amount of the gross receipts of the en- ments; or have been ongoing for more than 60 days; and tity during the first quarter of 2020; ‘‘(dd) any business concern or entity—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.038 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4761 ‘‘(AA) for which an entity created in or or- section for the eligible entity (including any ‘‘(I) the amount described in clause (ii); ganized under the laws of the People’s Re- affiliates) shall not exceed $10,000,000. and public of China or the Special Administra- ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI- ‘‘(II) the amount equal to the quotient ob- tive Region of Hong Kong, or that has sig- CATION REQUIREMENTS.—An eligible entity tained by dividing— nificant operations in the People’s Republic applying for a covered loan shall not be re- ‘‘(aa) the amount of the covered loan used of China or the Special Administrative Re- quired to make the certification described in for payroll costs during the covered period; gion of Hong Kong, owns or holds, directly or subclause (III) or (IV) of paragraph (36)(G)(i). and indirectly, not less than 20 percent of the ‘‘(E) FEE WAIVER.—With respect to a cov- ‘‘(bb) 0.60. economic interest of the business concern or ered loan— ‘‘(I) LENDER ELIGIBILITY.—Except as other- entity, including as equity shares or a cap- ‘‘(i) in lieu of the fee otherwise applicable wise provided in this paragraph, a lender ap- ital or profit interest in a limited liability under paragraph (23)(A), the Administrator proved to make loans under paragraph (36) company or partnership; or shall collect no fee; and may make covered loans under the same ‘‘(BB) that retains, as a member of the ‘‘(ii) in lieu of the fee otherwise applicable terms and conditions as in paragraph (36). board of directors of the business concern, a under paragraph (18)(A), the Administrator ‘‘(J) REIMBURSEMENT FOR LOAN PROCESSING person who is a resident of the People’s Re- shall collect no fee. AND SERVICING.—The Administrator shall republic of China; ‘‘(F) ELIGIBLE CHURCHES AND RELIGIOUS OR- imburse a lender authorized to make a cov- ‘‘(vi) the terms ‘exchange’, ‘issuer’, and ‘se- GANIZATIONS.— ered loan in an amount that is— curity’ have the meanings given those terms ‘‘(i) SENSE OF CONGRESS.—It is the sense of ‘‘(i) 3 percent of the principal amount of in section 3(a) of the Securities Exchange Congress that the interim final rule of the the financing of the covered loan up to Act of 1934 (15 U.S.C. 78c(a)); and Administration entitled ‘Business Loan Pro- $350,000; and ‘‘(vii) the term ‘Tribal business concern’ gram Temporary Changes; Paycheck Protec- ‘‘(ii) 1 percent of the principal amount of means a Tribal business concern described in tion Program’ (85 Fed. Reg. 20817 (April 15, the financing of the covered loan above section 31(b)(2)(C). 2020)) properly clarified the eligibility of $350,000, if applicable. ‘‘(B) LOANS.—Except as otherwise provided churches and religious organizations for ‘‘(K) SET ASIDE FOR SMALL ENTITIES.—Not in this paragraph, the Administrator may loans made under paragraph (36). less than $25,000,000,000 of the total amount guarantee covered loans to eligible entities ‘‘(ii) APPLICABILITY OF PROHIBITION.—The of covered loans guaranteed by the Adminis- under the same terms, conditions, and proc- prohibition on eligibility established by sec- trator shall be made to eligible entities with esses as a loan made under paragraph (36). tion 120.110(k) of title 13, Code of Federal not more than 10 employees as of February ‘‘(C) MAXIMUM LOAN AMOUNT.— Regulations, or any successor regulation, 15, 2020. ‘‘(i) IN GENERAL.—Except as otherwise pro- shall not apply to a covered loan. ‘‘(L) SET ASIDE FOR COMMUNITY FINANCIAL vided in this subparagraph, the maximum ‘‘(G) GROSS RECEIPTS FOR NONPROFIT AND INSTITUTIONS, SMALL INSURED DEPOSITORY IN- amount of a covered loan made to an eligible VETERANS ORGANIZATIONS.—For purposes of STITUTIONS, CREDIT UNIONS, AND FARM CREDIT entity is the lesser of— calculating gross receipts under subpara- SYSTEM INSTITUTIONS.—Not less than ‘‘(I) the product obtained by multiplying— graph (A)(v)(I)(cc) for an eligible entity that $10,000,000,000 of the total amount of covered ‘‘(aa) at the election of the eligible entity, is a nonprofit organization, a veterans orga- loans guaranteed by the Administrator shall the average total monthly payment for pay- nization, or an organization described in sub- be made by— roll costs incurred or paid by the eligible en- paragraph (A)(v)(II), gross receipts— ‘‘(i) community financial institutions; tity during— ‘‘(i) shall include proceeds from fund- ‘‘(ii) insured depository institutions with ‘‘(AA) the 1-year period before the date on raising events, federated campaigns, gifts, consolidated assets of less than which the loan is made; or donor-advised funds, and funds from similar $10,000,000,000; ‘‘(BB) calendar year 2019; by sources; and ‘‘(iii) credit unions with consolidated as- ‘‘(bb) 2.5; or ‘‘(ii) shall not include— sets of less than $10,000,000,000; and ‘‘(II) $2,000,000. ‘‘(I) Federal grants (excluding any loan for- ‘‘(iv) institutions of the Farm Credit Sys- ‘‘(ii) SEASONAL EMPLOYERS.—The maximum giveness on loans received under paragraph tem chartered under the Farm Credit Act of amount of a covered loan made to an eligible (36) or this paragraph); 1971 (12 U.S.C. 2001 et seq.) with consolidated entity that is a seasonal employer is the ‘‘(II) revenues from a supporting organiza- assets of less than $10,000,000,000 (not includ- lesser of— tion; ing the Federal Agricultural Mortgage Cor- ‘‘(I) the product obtained by multiplying— ‘‘(III) grants from private foundations that poration). ‘‘(aa) at the election of the eligible entity, are disbursed over the course of more than 1 ‘‘(M) PUBLICATION OF GUIDANCE.—Not later the average total monthly payments for pay- calendar year; or than 10 days after the date of enactment of roll costs incurred or paid by the eligible en- ‘‘(IV) any contribution of property other this paragraph, the Administrator shall issue tity— than money, stocks, bonds, and other securi- guidance addressing barriers to accessing ‘‘(AA) for a 12-week period beginning Feb- ties, provided that the non-cash contribution capital for minority, underserved, veteran, ruary 15, 2019 or March 1, 2019 and ending is not sold by the organization in a trans- and women-owned business concerns for the June 30, 2019; or action unrelated to the tax-exempt purpose purpose of ensuring equitable access to cov- ‘‘(BB) for a consecutive 12-week period be- of the organization. ered loans. tween May 1, 2019 and September 15, 2019; by ‘‘(H) LOAN FORGIVENESS.— ‘‘(N) STANDARD OPERATING PROCEDURE.— ‘‘(bb) 2.5; or ‘‘(i) IN GENERAL.—Except as otherwise pro- The Administrator shall, to the maximum ‘‘(II) $2,000,000. vided in this subparagraph, an eligible entity extent practicable, allow a lender approved ‘‘(iii) NEW ENTITIES.—The maximum shall be eligible for forgiveness of indebted- to make covered loans to use existing pro- amount of a covered loan made to an eligible ness on a covered loan in the same manner gram guidance and standard operating proce- entity that did not exist during the 1-year as an eligible recipient with respect to a loan dures for loans made under this subsection. period preceding February 15, 2020 is the less- made under paragraph (36), as described in ‘‘(O) PROHIBITION ON USE OF PROCEEDS FOR er of— section 1106 of the CARES Act (15 U.S.C. LOBBYING ACTIVITIES.—None of the proceeds ‘‘(I) the product obtained by multiplying— 9005). of a covered loan may be used for— ‘‘(aa) the quotient obtained by dividing— ‘‘(ii) FORGIVENESS AMOUNT.—An eligible en- ‘‘(i) lobbying activities, as defined in sec- ‘‘(AA) the sum of the total monthly pay- tity shall be eligible for forgiveness of in- tion 3 of the Lobbying Disclosure Act of 1995 ments by the eligible entity for payroll costs debtedness on a covered loan in an amount (2 U.S.C. 1602); paid or incurred by the eligible entity as of equal to the sum of the following costs in- ‘‘(ii) lobbying expenditures related to a the date on which the eligible entity applies curred or expenditures made during the cov- State or local election; or for the covered loan; by ered period: ‘‘(iii) expenditures designed to influence ‘‘(BB) the number of months in which ‘‘(I) Payroll costs. the enactment of legislation, appropriations, those payroll costs were paid or incurred; by ‘‘(II) Any payment of interest on any cov- regulation, administrative action, or Execu- ‘‘(bb) 2.5; or ered mortgage obligation (which shall not in- tive order proposed or pending before Con- ‘‘(II) $2,000,000. clude any prepayment of or payment of prin- gress or any State government, State legis- ‘‘(iv) LIMIT FOR MULTIPLE LOCATIONS.—With cipal on a covered mortgage obligation). lature, or local legislature or legislative respect to an eligible entity with more than ‘‘(III) Any covered operations expenditure. body.’’. 1 physical location, the total amount of all ‘‘(IV) Any covered property damage cost. (j) CONTINUED ACCESS TO THE PAYCHECK covered loans shall be not more than ‘‘(V) Any payment on any covered rent ob- PROTECTION PROGRAM.— $2,000,000. ligation. (1) IN GENERAL.—Section 7(a)(36)(E)(ii) of ‘‘(v) LOAN NUMBER LIMITATION.—An eligible ‘‘(VI) Any covered utility payment. the Small Business Act (15 U.S.C. entity may only receive 1 covered loan. ‘‘(VII) Any covered supplier cost. 636(a)(36)(E)(ii)) is amended by striking ‘‘(vi) 90 DAY RULE FOR MAXIMUM LOAN ‘‘(VIII) Any covered worker protection ex- ‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’. AMOUNT.—The maximum aggregate loan penditure. (2) APPLICABILITY OF MAXIMUM LOAN amount of loans guaranteed under this sub- ‘‘(iii) LIMITATION ON FORGIVENESS FOR ALL AMOUNT CALCULATION.— section that are approved for an eligible en- ELIGIBLE ENTITIES.—The forgiveness amount (A) DEFINITIONS.—In this paragraph, the tity (including any affiliates) within 90 days under this subparagraph shall be equal to the terms ‘‘covered loan’’ and ‘‘eligible recipi- of approval of another loan under this sub- lesser of— ent’’ have the meanings given those terms in

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.038 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4762 CONGRESSIONAL RECORD — SENATE August 4, 2020 section 7(a)(36) of the Small Business Act (15 vided by 12, shall be added to the sum cal- (I) in subclause (I), by striking ‘‘and’’ at U.S.C. 636(a)(36)). culated under subparagraph (E)(i)(I). the end; (B) APPLICABILITY.—The amendment made ‘‘(iv) RECALCULATION.—A lender that made (II) in subclause (II), by striking the period by paragraph (1) shall apply only with re- a covered loan to a covered recipient before at the end and inserting ‘‘; and’’; and spect to a covered loan applied for by an eli- the date of enactment of this subparagraph (III) by adding at the end the following: gible recipient on or after the date of enact- may, at the request of the covered recipi- ‘‘(III) institutions of the Farm Credit Sys- ment of this Act. ent— tem chartered under the Farm Credit Act of (k) INCREASED ABILITY FOR PAYCHECK PRO- ‘‘(I) recalculate the maximum loan amount 1971 (12 U.S.C. 2001 et seq.) with consolidated TECTION PROGRAM BORROWERS TO REQUEST AN applicable to that covered loan based on the assets of not less than $10,000,000,000 and less INCREASE IN LOAN AMOUNT DUE TO UPDATED formula described in clause (ii) or (iii), as ap- than $50,000,000,000.’’; and REGULATIONS.— plicable, if doing so would result in a larger (ii) in clause (ii)— (1) DEFINITIONS.—In this subsection, the covered loan amount; and (I) in subclause (II), by striking ‘‘and’’ at terms ‘‘covered loan’’ and ‘‘eligible recipi- ‘‘(II) provide the covered recipient with ad- the end; ent’’ have the meanings given those terms in ditional covered loan amounts based on that (II) in subclause (III), by striking the pe- section 7(a)(36) of the Small Business Act (15 recalculation.’’. riod at the end and inserting ‘‘; and’’; and U.S.C. 636(a)(36)). (m) FARM CREDIT SYSTEM INSTITUTIONS.— (III) by adding at the end the following: (1) DEFINITION OF FARM CREDIT SYSTEM IN- (2) INCREASED AMOUNT.—Notwithstanding ‘‘(IV) institutions of the Farm Credit Sys- the interim final rule issued by the Adminis- STITUTION.—In this subsection, the term tem chartered under the Farm Credit Act of ‘‘Farm Credit System institution’’— tration entitled ‘‘Business Loan Program 1971 (12 U.S.C. 2001 et seq.) with consolidated (A) means an institution of the Farm Cred- Temporary Changes; Paycheck Protection assets of less than $10,000,000,000.’’. it System chartered under the Farm Credit Program—Loan Increases’’ (85 Fed. Reg. Act of 1971 (12 U.S.C. 2001 et seq.); and (n) DEFINITION OF SEASONAL EMPLOYER.— 29842 (May 19, 2020)), an eligible recipient of (B) does not include the Federal Agricul- (1) PPP LOANS.—Section 7(a)(36)(A) of the a covered loan that is eligible for an in- tural Mortgage Corporation. Small Business Act (15 U.S.C. 636(a)(36)(A)) is creased covered loan amount as a result of (2) FACILITATION OF PARTICIPATION IN PPP amended— any interim final rule that allows for cov- AND SECOND DRAW LOANS.— (A) in clause (xi), by striking ‘‘and’’ at the ered loan increases may submit a request for (A) APPLICABLE RULES.—Solely with re- end; an increase in the covered loan amount even spect to loans under paragraphs (36) and (37) (B) in clause (xii), by striking the period at if— of section 7(a) of the Small Business Act (15 the end and inserting ‘‘; and’’; and (A) the initial covered loan amount has U.S.C. 636(a)), Farm Credit Administration (C) by adding at the end the following: been fully disbursed; or regulations and guidance issued as of July ‘‘(xiii) the term ‘seasonal employer’ means (B) the lender of the initial covered loan 14, 2020, and compliance with such regula- an eligible recipient that— has submitted to the Administration a Form tions and guidance, shall be deemed func- ‘‘(I) does not operate for more than 7 1502 report related to the covered loan. tionally equivalent to requirements ref- months in any calendar year; or (l) CALCULATION OF MAXIMUM LOAN AMOUNT erenced in section 3(a)(iii)(II) of the interim ‘‘(II) during the preceding calendar year, FOR FARMERS AND RANCHERS UNDER THE PAY- final rule of the Administration entitled had gross receipts for any 6 months of that CHECK PROTECTION PROGRAM.— ‘‘Business Loan Program Temporary year that were not more than 33.33 percent of (1) IN GENERAL.—Section 7(a)(36) of the Changes; Paycheck Protection Program’’ (85 the gross receipts of the employer for the Small Business Act (15 U.S.C. 636(a)(36)), as Fed. Reg. 20811 (April 15, 2020)) or any similar other 6 months of that year.’’. amended by subsection (j) of this section, is requirement referenced in that interim final (2) LOAN FORGIVENESS.—Paragraph (12) of amended— rule in implementing such paragraph (37). section 1106(a) of the CARES Act (15 U.S.C. (A) in subparagraph (E), in the matter pre- (B) APPLICABILITY OF CERTAIN LOAN RE- 9005(a)), as so redesignated by subsection ceding clause (i), by striking ‘‘During’’ and QUIREMENTS.—For purposes of making loans (d)(2) of this section, is amended to read as inserting ‘‘Except as provided in subpara- under paragraph (36) or (37) of section 7(a) of follows: graph (T), during’’; and the Small Business Act (15 U.S.C. 636(a)) or ‘‘(12) the terms ‘payroll costs’ and ‘sea- (B) by adding at the end the following: forgiving those loans in accordance with sec- sonal employer’ have the meanings given ‘‘(T) CALCULATION OF MAXIMUM LOAN tion 1106 of the CARES Act (15 U.S.C. 9005) those terms in section 7(a)(36) of the Small AMOUNT FOR FARMERS AND RANCHERS.— and subparagraph (H) of such paragraph (37), Business Act (15 U.S.C. 636(a)(36)).’’. ‘‘(i) DEFINITION.—In this subparagraph, the sections 4.13, 4.14, and 4.14A of the Farm (o) ELIGIBILITY OF 501(C)(6) ORGANIZATIONS term ‘covered recipient’ means an eligible Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) recipient that— (including regulations issued under those FOR LOANS UNDER THE PAYCHECK PROTECTION ‘‘(I) operates as a sole proprietorship or as sections) shall not apply. PROGRAM.—Section 7(a)(36)(D) of the Small an independent contractor, or is an eligible (C) RISK WEIGHT.— Business Act (15 U.S.C. 636(a)(36)(D)) is self-employed individual; (i) IN GENERAL.—With respect to the appli- amended— ‘‘(II) reports farm income or expenses on a cation of Farm Credit Administration cap- (1) in clause (v), by inserting ‘‘or whether Schedule F (or any equivalent successor ital requirements, a loan described in clause an organization described in clause (vii) em- schedule); and (ii)— ploys not more than 150 employees,’’ after ‘‘(III) was in business during the period be- (I) shall receive a risk weight of zero per- ‘‘clause (i)(I),’’; ginning on February 15, 2019 and ending on cent; and (2) in clause (vi), by inserting ‘‘, an organi- June 30, 2019. (II) shall not be included in the calculation zation described in clause (vii),’’ after ‘‘non- ‘‘(ii) NO EMPLOYEES.—With respect to cov- of any applicable leverage ratio or other ap- profit organization’’; and ered recipient without employees, the max- plicable capital ratio or calculation. (3) by adding at the end the following: imum covered loan amount shall be the less- (ii) LOANS DESCRIBED.—A loan referred to ‘‘(vii) ELIGIBILITY FOR CERTAIN 501(C)(6) OR- er of— in clause (i) is— GANIZATIONS.— ‘‘(I) the sum of— (I) a loan made by a Farm Credit Bank de- ‘‘(I) IN GENERAL.—Except as provided in ‘‘(aa) the product obtained by multi- scribed in section 1.2(a) of the Farm Credit subclause (II), any organization that is de- plying— Act of 1971 (12 U.S.C. 2002(a)) to a Federal scribed in section 501(c)(6) of the Internal ‘‘(AA) the gross income of the covered re- Land Bank Association, a Production Credit Revenue Code and that is exempt from tax- cipient in 2019, as reported on a Schedule F Association, or an agricultural credit asso- ation under section 501(a) of such Code (ex- (or any equivalent successor schedule), that ciation described in that section to make cluding professional sports leagues and orga- is not more than $100,000, divided by 12; and loans under paragraph (36) or (37) of section nizations with the purpose of promoting or ‘‘(BB) 2.5; and 7(a) of the Small Business Act (15 U.S.C. participating in a political campaign or ‘‘(bb) the outstanding amount of a loan 636(a)) or forgive those loans in accordance other activity) shall be eligible to receive a under subsection (b)(2) that was made during with section 1106 of the CARES Act (15 covered loan if— the period beginning on January 31, 2020 and U.S.C. 9005) and subparagraph (H) of such ‘‘(aa) the organization does not receive ending on April 3, 2020 that the borrower in- paragraph (37); or more than 10 percent of its receipts from lob- tends to refinance under the covered loan, (II) a loan made by a Federal Land Bank bying activities; not including any amount of any advance Association, a Production Credit Associa- ‘‘(bb) the lobbying activities of the organi- under the loan that is not required to be re- tion, an agricultural credit association, or zation do not comprise more than 10 percent paid; or the bank for cooperatives described in sec- of the total activities of the organization; ‘‘(II) $2,000,000. tion 1.2(a) of the Farm Credit Act of 1971 (12 and ‘‘(iii) WITH EMPLOYEES.—With respect to a U.S.C. 2002(a)) under paragraph (36) or (37) of ‘‘(cc) the organization employs not more covered recipient with employees, the max- section 7(a) of the Small Business Act (15 than 150 employees. imum covered loan amount shall be cal- U.S.C. 636(a)). ‘‘(II) DESTINATION MARKETING ORGANIZA- culated using the formula described in sub- (D) RESERVATION OF LOAN GUARANTEES.— TIONS.—Notwithstanding subclause (I), dur- paragraph (E), except that the gross income Section 7(a)(36)(S) of the Small Business Act ing the covered period, any destination mar- of the covered recipient described in clause (15 U.S.C. 636(a)(36)(S)) is amended— keting organization shall be eligible to re- (ii)(I)(aa)(AA) of this subparagraph, as di- (i) in clause (i)— ceive a covered loan if—

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‘‘(aa) the destination marketing organiza- Code, is amended by adding at the end the (A) IN GENERAL.—Except as provided in tion does not receive more than 10 percent of following: subparagraph (B), on and after the date of its receipts from lobbying activities; ‘‘(f) SPECIAL PROVISION RELATED TO enactment of this Act, the Administrator ‘‘(bb) the lobbying activities of the destina- COVID–19 PANDEMIC.—Notwithstanding sec- shall comply with any data or information tion marketing organization do not comprise tion 1129(a)(9)(A) of this title and subsection requests or inquiries made by the Comp- more than 10 percent of the total activities (e) of this section, a plan that provides for troller General of the United States not later of the organization; payment of a claim of a kind specified in sec- than 30 days (or such later date as the Comp- ‘‘(cc) the destination marketing organization 503(b)(10) of this title may be confirmed troller General may specify) after receiving tion employs not more than 150 employees; under subsection (b) of this section if the the request or inquiry. and plan proposes to make payments on account (B) EXCEPTION.—If the Administrator is un- ‘‘(dd) the destination marketing organiza- of such claim when due under the terms of able to comply with a request or inquiry de- tion— the loan giving rise to such claim.’’. scribed in subparagraph (A) within the 30- ‘‘(AA) is described in section 501(c) of the (4) CONFIRMATION OF PLAN FOR FAMILY day period or, if applicable, later period de- Internal Revenue Code and is exempt from FARMERS AND FISHERMEN.—Section 1225 of scribed in that clause, the Administrator taxation under section 501(a) of such Code; or title 11, United States Code, is amended by shall, during that 30-day (or later) period, ‘‘(BB) is a quasi-governmental entity or is adding at the end the following: submit to the Committee on Small Business a political subdivision of a State or local ‘‘(d) Notwithstanding section 1222(a)(2) of and Entrepreneurship of the Senate and the government, including any instrumentality this title and subsection (b)(1) of this sec- Committee on Small Business of the House of those entities.’’. tion, a plan that provides for payment of a of Representatives a notification that in- (p) PROHIBITION ON USE OF LOAN PROCEEDS claim of a kind specified in section 503(b)(10) cludes a detailed justification for the inabil- FOR LOBBYING ACTIVITIES.—Section of this title may be confirmed if the plan ity of the Administrator to comply with the 7(a)(36)(F) of the Small Business Act (15 proposes to make payments on account of request or inquiry. U.S.C. 636(a)(36)(F)) is amended by adding at such claim when due under the terms of the (2) TESTIMONY.—Not later than the date the end the following: loan giving rise to such claim.’’. that is 30 days after the date of enactment of ‘‘(vi) PROHIBITION.—None of the proceeds of (5) CONFIRMATION OF PLAN FOR INDIVID- this Act, and every quarter thereafter until a covered loan may be used for— UALS.—Section 1325 of title 11, United States the date that is 2 years after the date of en- ‘‘(I) lobbying activities, as defined in sec- Code, is amended by adding at the end the actment of this Act, the Administrator and tion 3 of the Lobbying Disclosure Act of 1995 following: the Secretary of the Treasury shall testify (2 U.S.C. 1602); ‘‘(d) Notwithstanding section 1322(a)(2) of before the Committee on Small Business and ‘‘(II) lobbying expenditures related to a this title and subsection (b)(1) of this sec- Entrepreneurship of the Senate and the Com- State or local election; or tion, a plan that provides for payment of a mittee on Small Business of the House of ‘‘(III) expenditures designed to influence claim of a kind specified in section 503(b)(10) Representatives regarding implementation the enactment of legislation, appropriations, of this title may be confirmed if the plan of this section and the amendments made by regulation, administrative action, or Execu- proposes to make payments on account of this section. tive order proposed or pending before Con- such claim when due under the terms of the (t) CONFLICTS OF INTEREST.— gress or any State government, State legis- loan giving rise to such claim.’’. (1) DEFINITIONS.—In this subsection: lature, or local legislature or legislative (6) EFFECTIVE DATE; SUNSET.— (A) CONTROLLING INTEREST.—The term body.’’. (A) EFFECTIVE DATE.—The amendments ‘‘controlling interest’’ means owning, con- (q) EFFECTIVE DATE; APPLICABILITY.—The made by paragraphs (1) through (5) shall— trolling, or holding not less than 20 percent, amendments made to paragraph (36) of sec- (i) take effect on the date on which the Ad- by vote or value, of the outstanding amount tion 7(a) of the Small Business Act (15 U.S.C. ministrator submits to the Director of the of any class of equity interest in an entity. 636(a)) and title I of the CARES Act (Public Executive Office for United States Trustees a (B) COVERED ENTITY.— Law 116–136) under this section shall be effec- written determination that, subject to satis- (i) DEFINITION.—The term ‘‘covered entity’’ tive as if included in the CARES Act and fying any other eligibility requirements, any means an entity in which a covered indi- shall apply to any loan made pursuant to debtor in possession or trustee that is au- vidual directly or indirectly holds a control- section 7(a)(36) of the Small Business Act (15 thorized to operate the business of the debt- ling interest. U.S.C. 636(a)(36)). or under section 1183, 1184, 1203, 1204, or 1304 (ii) TREATMENT OF SECURITIES.—For the (r) BANKRUPTCY PROVISIONS.— of title 11, United States Code, would be eli- purpose of determining whether an entity is (1) IN GENERAL.—Section 364 of title 11, gible for a loan under paragraphs (36) and (37) a covered entity, the securities owned, con- United States Code, is amended by adding at of section 7(a) of the Small Business Act (15 trolled, or held by 2 or more individuals who the end the following: U.S.C. 636(a)); and are related as described in subparagraph ‘‘(g)(1) The court, after notice and a hear- (ii) apply to any case pending on or com- (C)(ii) shall be aggregated. ing, may authorize a debtor in possession or menced on or after the date described in (C) COVERED INDIVIDUAL.—The term ‘‘cov- a trustee that is authorized to operate the clause (i). ered individual’’ means— business of the debtor under section 1183, (B) SUNSET.— (i) the President, the Vice President, the 1184, 1203, 1204, or 1304 of this title to obtain (i) IN GENERAL.—If the amendments made head of an Executive department, or a Mem- a loan under paragraph (36) or (37) of section by this subsection take effect under subpara- ber of Congress; and 7(a) of the Small Business Act (15 U.S.C. graph (A), effective on the date that is 2 (ii) the spouse, child, son-in-law, or daugh- 636(a)), and such loan shall be treated as a years after the date of enactment of this ter-in-law, as determined under applicable debt to the extent the loan is not forgiven in Act— common law, of an individual described in accordance with section 1106 of the CARES clause (i). Act (15 U.S.C. 9005) or subparagraph (H) of (I) section 364 of title 11, United States (D) EXECUTIVE DEPARTMENT.—The term such paragraph (37), as applicable, with pri- Code, is amended by striking subsection (g); ‘‘Executive department’’ has the meaning ority equal to a claim of the kind specified (II) section 503(b) of title 11, United States given the term in section 101 of title 5, in subsection (c)(1) of this section. Code, is amended— ‘‘(2) The trustee may incur debt described (aa) in paragraph (8)(B), by adding ‘‘and’’ United States Code. in paragraph (1) notwithstanding any provi- at the end; (E) MEMBER OF CONGRESS.—The term sion in a contract, prior order authorizing (bb) in paragraph (9), by striking ‘‘; and’’ at ‘‘Member of Congress’’ means a Member of the trustee to incur debt under this section, the end and inserting a period; and the Senate or House of Representatives, a prior order authorizing the trustee to use (cc) by striking paragraph (10); Delegate to the House of Representatives, cash collateral under section 363, or applica- (III) section 1191 of title 11, United States and the Resident Commissioner from Puerto ble law that prohibits the debtor from incur- Code, is amended by striking subsection (f); Rico. ring additional debt. (IV) section 1225 of title 11, United States (F) EQUITY INTEREST.—The term ‘‘equity ‘‘(3) The court shall hold a hearing within Code, is amended by striking subsection (d); interest’’ means— 7 days after the filing and service of the mo- and (i) a share in an entity, without regard to tion to obtain a loan described in paragraph (V) section 1325 of title 11, United States whether the share is— (1).’’. Code, is amended by striking subsection (d). (I) transferable; or (2) ALLOWANCE OF ADMINISTRATIVE EX- (ii) APPLICABILITY.—Notwithstanding the (II) classified as stock or anything similar; PENSES.—Section 503(b) of title 11, United amendments made by clause (i) of this sub- (ii) a capital or profit interest in a limited States Code, is amended— paragraph, if the amendments made by para- liability company or partnership; or (A) in paragraph (8)(B), by striking ‘‘and’’ graphs (1), (2), (3), (4), and (5) take effect (iii) a warrant or right, other than a right at the end; under subparagraph (A) of this paragraph, to convert, to purchase, sell, or subscribe to (B) in paragraph (9), by striking the period such amendments shall apply to any case a share or interest described in clause (i) or at the end and inserting ‘‘; and’’; and under title 11, United States Code, com- (ii), respectively. (C) by adding at the end the following: menced before the date that is 2 years after (2) REQUIREMENT.—The principal executive ‘‘(10) any debt incurred under section the date of enactment of this Act. officer and the principal financial officer, or 364(g)(1) of this title.’’. (s) OVERSIGHT.— individuals performing similar functions, of (3) CONFIRMATION OF PLAN FOR REORGANIZA- (1) COMPLIANCE WITH OVERSIGHT REQUIRE- an entity seeking to enter a transaction TION.—Section 1191 of title 11, United States MENTS.— made under paragraph (36) or (37) of section

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7(a) of the Small Business Act (15 U.S.C. (1) IN GENERAL.—The amounts provided ‘‘(ii) the total amount expended by the 636(a)), as added and amended by this sec- under this section are designated as an emer- State for the 1st quarter of fiscal year 2020 tion, shall, before that transaction is ap- gency requirement pursuant to section 4(g) under the State program funded under this proved, disclose to the Administrator wheth- of the Statutory Pay-As-You-Go Act of 2010 part or any other State program funded with er the entity is a covered entity. (2 U.S.C. 933(g)). qualified State expenditures (as so defined) (3) APPLICABILITY.—The requirement under (2) DESIGNATION IN SENATE.—In the Senate, for basic assistance, non-recurrent short- paragraph (2)— this section is designated as an emergency term benefits, and work supports for eligible (A) shall apply with respect to any trans- requirement pursuant to section 4112(a) of H. families. action made under paragraph (36) or (37) of Con. Res. 71 (115th Congress), the concurrent ‘‘(C) AMOUNT OF GRANT.—Subject to para- section 7(a) of the Small Business Act (15 resolution on the budget for fiscal year 2018. graph (4), the amount of the grant payable to U.S.C. 636(a)), as added and amended by this SA 2509. Mr. GRASSLEY submitted a State under this paragraph for a quarter section, on or after the date of enactment of shall be the amount equal to 80 percent of an amendment intended to be proposed this Act; and the excess of the expenditures for the quar- (B) shall not apply with respect to— to amendment SA 2499 proposed by Mr. ter described in clause (i) of subparagraph (i) any transaction described in subpara- MCCONNELL to the bill S. 178, to con- (B) over the expenditures for the 1st quarter graph (A) that was made before the date of demn gross human rights violations of of fiscal year 2020 described in clause (ii) of enactment of this Act; or ethnic Turkic Muslims in Xinjiang, and that subparagraph. (ii) forgiveness under section 1106 of the calling for an end to arbitrary deten- ‘‘(D) AUTHORITY TO MAKE NECESSARY AD- CARES Act (15 U.S.C. 9005) or any other pro- tion, torture, and harassment of these JUSTMENTS TO DATA AND COLLECT NEEDED vision of law of any loan associated with any communities inside and outside China; DATA.—In determining the expenditures of a transaction described in subparagraph (A) State for basic assistance, non-recurrent that was made before the date of enactment which was ordered to lie on the table; short-term benefits, and work supports dur- of this Act. as follows: At the end, add the following: ing any quarter for which the State requests (u) COMMITMENT AUTHORITY AND APPRO- funds under this subsection, and for the 1st SEC. ll. TANF CORONAVIRUS EMERGENCY PRIATIONS.— quarter of fiscal year 2020, the Secretary (1) COMMITMENT AUTHORITY.—Section FUND. (a) TEMPORARY FUND.— may make appropriate adjustments to the 1102(b) of the CARES Act (Public Law 116– data, on a State-by-State basis, to ensure 136) is amended— (1) IN GENERAL.—Section 403 of the Social Security Act (42 U.S.C. 603) is amended by that the data are comparable. The Secretary (A) in paragraph (1)— may develop a mechanism for collecting ex- (i) in the paragraph heading, by inserting adding at the end the following: ‘‘(c) TANF CORONAVIRUS EMERGENCY penditure data, including procedures which ‘‘AND SECOND DRAW’’ after ‘‘PPP’’; FUND.— allow States to make reasonable estimates, (ii) by striking ‘‘August 8, 2020’’ and insert- ‘‘(1) ESTABLISHMENT.—There is established and may set deadlines for making revisions ing ‘‘December 31, 2020’’; in the Treasury of the United States a fund to the data. (iii) by striking ‘‘paragraph (36)’’ and in- which shall be known as the ‘Coronavirus ‘‘(E) AVAILABILITY OF FUNDS.— Funds paid serting ‘‘paragraphs (36) and (37)’’; and Emergency Fund for State Temporary As- to a State from a grant made for any quarter (iv) by striking ‘‘$659,000,000,000’’ and in- sistance for Needy Families Programs’ (in of fiscal year 2020 or 2021 shall remain avail- serting ‘‘$816,690,000,000’’; and this subsection referred to as the ‘TANF able for use by the State through September (B) by amending paragraph (2) to read as Coronavirus Emergency Fund’). 30, 2022. follows: ‘‘(2) DEPOSITS INTO FUND.— ‘‘(4) GRANT LIMITED TO STATE PROPORTIONAL ‘‘(2) OTHER 7(A) LOANS.—During fiscal year ‘‘(A) IN GENERAL.—Out of any money in the SHARE OF CHILDREN IN POVERTY.— 2020, the amount authorized for commit- Treasury of the United States not otherwise ‘‘(A) IN GENERAL.—With respect to a State, ments for section 7(a) of the Small Business appropriated, there are appropriated for the the aggregate amount of the grants payable Act (15 U.S.C. 636(a)) under the heading period of fiscal years 2020 through 2021, ‘Small Business Administration—Business to the State under paragraph (3) for the 3rd $2,000,000,000 for payment to the TANF and 4th quarters of fiscal year 2020 and each Loans Program Account’ in the Financial Coronavirus Emergency Fund. Services and General Government Appropria- quarter of fiscal year 2021 shall not exceed ‘‘(B) USE OF FUNDS.—Subject to subpara- the State child poverty proportion amount tions Act, 2020 (division C of Public Law 116– graph (C), the amounts appropriated to the 193) shall apply with respect to any commit- determined for the State for fiscal year 2020 TANF Coronavirus Emergency Fund under under subparagraph (B). ments under such section 7(a) other than subparagraph (A) shall be used to make ‘‘(B) STATE CHILD POVERTY PROPORTION under paragraphs (36) and (37) of such section grants to States in fiscal years 2020 and 2021 7(a).’’. AMOUNT.—The State child poverty proportion in accordance with the requirements of para- amount determined under this subparagraph (2) DIRECT APPROPRIATIONS.— graph (3). for a State for fiscal year 2020 is the product (A) RESCISSION.—With respect to unobli- ‘‘(C) ADMINISTRATION.—The Secretary may of— gated balances under the heading ‘‘ ‘Small reserve up to $4,000,000 of the amount appro- ‘‘(i) $2,000,000,000; and Business Administration—Business Loans priated for the period of fiscal years 2020 ‘‘(ii) the quotient of— Program Account, CARES Act’’ as of the day through 2021 under subparagraph (A) for ex- ‘‘(I) the number of children in families before the date of enactment of this Act, penses related to administering this sub- $100,000,000,000 shall be rescinded and depos- section. with income below the poverty line in the State (as determined under subparagraph ited into the general fund of the Treasury. ‘‘(D) LIMITATION.—In no case may the Sec- (B) NEW DIRECT APPROPRIATIONS FOR PPP retary make a grant from the TANF (C)); and LOANS, SECOND DRAW LOANS, AND THE MBDA.— Coronavirus Emergency Fund for a fiscal ‘‘(II) the number of children in families (i) PPP AND SECOND DRAW LOANS.—There is year after fiscal year 2021. with income below the poverty line in all appropriated, out of amounts in the Treas- ‘‘(3) GRANTS TO STATES FOR INCREASED EX- States (as so determined). ury not otherwise appropriated, for the fiscal PENDITURES FOR BASIC ASSISTANCE, NON-RE- ‘‘(C) DATA.— year ending September 30, 2020, to remain CURRENT SHORT TERM BENEFITS, AND WORK ‘‘(i) IN GENERAL.—For purposes of subpara- available until September 30, 2021, for addi- SUPPORTS.— graph (B)(ii), subject to clause (ii) of this tional amounts— ‘‘(A) IN GENERAL.—For each of the 3rd and subparagraph, the number of children in (I) $257,690,000,000 under the heading 4th quarters of fiscal year 2020 and each families with income below the poverty line ‘‘Small Business Administration—Business quarter of fiscal year 2021, the Secretary shall be determined based on the most recent Loans Program Account, CARES Act’’ for shall make a grant from the TANF data available from the Bureau of the Cen- the cost of guaranteed loans as authorized Coronavirus Emergency Fund to each State sus. under paragraph (36) and (37) of section 7(a) that— ‘‘(ii) OTHER DATA.—The number of children of the Small Business Act (15 U.S.C. 636(a)), ‘‘(i) requests a grant under this paragraph in families with income below the poverty as amended and added by this Act; and for the quarter; and line in the case of— (II) $10,000,000 under the heading under the ‘‘(ii) meets the requirements of subpara- ‘‘(I) Puerto Rico, the United States Virgin heading ‘‘Department of Commerce—Minor- graph (B) for the quarter. Islands, Guam, and American Samoa may be ity Business Development Agency’’ for mi- ‘‘(B) INCREASED EXPENDITURES.—A State determined on the basis of the most recent nority business centers of the Minority Busi- meets the requirements of this subparagraph data are available from the Bureau of the ness Development Agency to provide tech- for a quarter if— Census or such other poverty data as the nical assistance to small business concerns. ‘‘(i) the total amount expended by the Secretary determines appropriate); and (C) AVAILABILITY OF AMOUNTS APPRO- State for the quarter under the State pro- ‘‘(II) an Indian tribe, shall be determined PRIATED FOR THE OFFICE OF INSPECTOR GEN- gram funded under this part or any other in proportion to the tribal family assistance ERAL.—Section 1107(a)(3) of the CARES Act State program funded with qualified State grant paid to the Indian tribe for fiscal year (15 U.S.C. 9006(a)(3)) is amended by striking expenditures (as defined in section 2020. ‘‘September 20, 2024’’ and inserting ‘‘ex- 409(a)(7)(B)(i)) for basic assistance, non-re- ‘‘(5) DEFINITIONS.—In this subsection: pended’’. current short-term benefits, and work sup- ‘‘(A) BASIC ASSISTANCE.—The term ‘basic (v) EMERGENCY DESIGNATION.— ports for eligible families, exceeds assistance’ means assistance including cash,

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Mr. GRASSLEY submitted Fund an amount, as estimated by the Chief efits designed to meet a family’s ongoing an amendment intended to be proposed Actuary of the Centers for Medicare & Med- basic needs as defined by the Secretary. to amendment SA 2499 proposed by Mr. icaid Services, equal to amounts paid under ‘‘(B) ELIGIBLE FAMILIES.— the advance payment program under section MCCONNELL to the bill S. 178, to con- ‘‘(i) IN GENERAL.—The term ‘eligible fam- 421.214 of title 42, Code of Federal Regula- ily’ means a family (including a family of demn gross human rights violations of tions (or any successor regulation) during one) that— ethnic Turkic Muslims in Xinjiang, and the period beginning on March 28, 2020, and ‘‘(I) has 1 or more children who have not calling for an end to arbitrary deten- ending on July 9, 2020. attained 18 years of age; and tion, torture, and harassment of these ‘‘(2) There shall be transferred from the ‘‘(II) is in need as a result of the public communities inside and outside China; Trust Fund to the General Fund of the health emergency with respect to the which was ordered to lie on the table; Treasury amounts equivalent to the sum of— Coronavirus Disease 2019 (COVID-19) as de- as follows: ‘‘(A) the amounts by which claims have offset (in whole or in part) the amount of termined by the State in accordance with At the end, add the following: clause (ii). such advance payments described in para- TITLE II—SUPPORTING PATIENTS, PRO- ‘‘(ii) CRITERIA FOR NEED BASED ON COVID-19 graph (1); and VIDERS, OLDER AMERICANS, AND FOS- PUBLIC HEALTH EMERGENCY.—A State shall ‘‘(B) the amount of such advance payments define and publish on a publicly available TER YOUTH IN RESPONDING TO COVID– that has been repaid (in whole or in part), website maintained by the State the criteria 19 under the advance payment program under for determining a family is in need as a re- Subtitle A—Promoting Access to Care and such section 421.214 (or any such successor sult of the public health emergency with re- Services regulation). spect to the Coronavirus Disease 2019 SEC. 201. MAINTAINING 2021 MEDICARE PART B ‘‘(3) Amounts described in paragraphs (1) (COVID-19) and shall report such criteria to PREMIUM AND DEDUCTIBLE AT 2020 and (2) shall be transferred from time to the Secretary. The Secretary shall publish LEVELS CONSISTENT WITH ACTU- time as appropriate.’’. ARIALLY FAIR RATES. all the State criteria reported under this (d) INDENTATION CORRECTION.—Section (a) 2021 PREMIUM AND DEDUCTIBLE AND RE- clause on a publicly available website main- 1839(i)(3)(A)(ii) of the Social Security Act (42 PAYMENT THROUGH FUTURE PREMIUMS.—Sec- tained by the Secretary. U.S.C. 1395r(i)(3)(A)(ii)) is amended by mov- tion 1839(a) of the Social Security Act (42 ‘‘(C) NON-RECURRENT SHORT-TERM BENE- ing the indentation of subclause (I) two ems U.S.C. 1395r(a)) is amended— FITS.—The term ‘non-recurrent short-term to the right. (1) in the second sentence of paragraph (1), benefits’ means benefits intended to address SEC. 202. IMPROVEMENTS TO THE MEDICARE by striking ‘‘(5) and (6)’’ and inserting ‘‘(5), a specific crisis or need as defined by the HOSPITAL ACCELERATED AND AD- (6), and (7)’’; Secretary. VANCE PAYMENTS PROGRAMS DUR- (2) in paragraph (6)(C)— ING THE COVID–19 PUBLIC HEALTH ‘‘(D) POVERTY LINE.—The term ‘poverty (A) in clause (i), by striking ‘‘section EMERGENCY. line’ means the income official poverty line, 1844(d)(1)’’ and inserting ‘‘subsections (d)(1) (a) PART A.— as defined by the Office of Management and and (e)(1) of section 1844’’; and (1) REPAYMENT PERIODS.—Section Budget, and revised annually in accordance (B) in clause (ii), by striking ‘‘paragraph 1815(f)(2)(C) of the Social Security Act (42 with section 673(2) of the Community Serv- (5)’’ and inserting ‘‘paragraphs (5) and (7)’’; U.S.C. 1395g(f)(2)(C)) is amended— ices Block Grant Act (42 U.S.C. 9902(2)). and (A) in clause (i), by striking ‘‘120 days’’ and ‘‘(E) STATE.—The term ‘State’ has the (3) by adding at the end the following: inserting ‘‘270 days’’; and meaning given that term in section 419(5) ‘‘(7) In applying this part (including sub- (B) in clause (ii), by striking ‘‘12 months’’ and includes Indian tribes, as defined in sec- section (i) and section 1833(b)), the monthly and inserting ‘‘18 months’’. tion 419(4). actuarial rate for enrollees age 65 and over (2) AUTHORITY FOR DISCRETION.—Section ORK SUPPORTS.—The term ‘work sup- ‘‘(F) W for 2021 shall be the same as the monthly ac- 1815(f)(2)(A)(ii) of the Social Security Act (42 ports’ means benefits provided to help fami- tuarial rate for enrollees age 65 and over for U.S.C. 1395g(f)(2)(A)(ii)) is amended by insert- lies obtain, retain, or advance in employ- 2020.’’. ing ‘‘(or, with respect to requests submitted ment as defined by the Secretary.’’. (b) TRANSITIONAL GOVERNMENT CONTRIBU- to the Secretary on or after July 9, 2020, (2) REPEAL.—Effective October 1, 2021, sub- TION.—Section 1844 of the Social Security may)’’after ‘‘shall.’’. section (c) of section 403 of the Social Secu- Act (42 U.S.C. 1395w) is amended— (b) PART B.—In carrying out the advance rity Act (42 U.S.C. 603) (as added by para- (1) in subsection (a), by adding at the end payments program described in section graph (1)) is repealed. the following new sentence: ‘‘In applying 421.214 of title 42, Code of Federal Regula- (b) DISREGARD FROM LIMITATION ON TOTAL paragraph (1), the amounts transferred under tions (or a successor regulation), the Sec- PAYMENTS TO TERRITORIES.— subsection (e)(1) with respect to enrollees de- retary of Health and Human Services, in the (1) IN GENERAL.—Section 1108(a)(2) of the scribed in subparagraphs (A) and (B) of such case of a payment made under such program Social Security Act (42 U.S.C. 1308(a)(2)) is subsection shall be treated as premiums pay- during the emergency period described in amended by inserting ‘‘403(c)(3),’’ after able and deposited in the Trust Fund under section 1135(g)(1)(B) of the Social Security ‘‘403(a)(5),’’. subparagraphs (A) and (B), respectively, of Act (42 U.S.C. 1320b–5(g)(1)(B)), upon request (2) SUNSET.—Effective October 1, 2021, sec- paragraph (1).’’; and of the supplier receiving such payment, tion 1108(a)(2) of the Social Security Act (42 (2) by adding at the end the following: shall— U.S.C. 1308(a)(2)) is amended by striking ‘‘(e)(1) For 2021, there shall be transferred (1) provide up to 270 days before claims are ‘‘403(c)(3),’’ (as added by paragraph (1)). from the General Fund to the Trust Fund an offset to recoup the payment; and amount, as estimated by the Chief Actuary (2) allow not less than 14 months from the SA 2510. Mr. GRASSLEY submitted of the Centers for Medicare & Medicaid Serv- date of the first advance payment before rean amendment intended to be proposed ices, equal to the reduction in aggregate pre- quiring that the outstanding balance be paid to amendment SA 2499 proposed by Mr. miums payable under this part for a month in full. MCCONNELL to the bill S. 178, to con- in such year (excluding any changes in (c) EFFECTIVE DATE.—The amendments demn gross human rights violations of amounts collected under section 1839(i)) that made by this section shall take effect as if are attributable to the application of section ethnic Turkic Muslims in Xinjiang, and included in the enactment of the 1839(a)(7) with respect to— Coronavirus Aid, Relief, and Economic Secu- calling for an end to arbitrary deten- ‘‘(A) enrollees age 65 and over; and rity Act (Public Law 116–136). tion, torture, and harassment of these ‘‘(B) enrollees under age 65. (d) IMPLEMENTATION.—Notwithstanding communities inside and outside China; Such amounts shall be transferred from time to time as appropriate. any other provision of law, the Secretary of which was ordered to lie on the table; ‘‘(2) Premium increases affected under sec- Health and Human Services may implement as follows: tion 1839(a)(6) shall not be taken into ac- the provisions of, and the amendments made At the end, add the following: count in applying subsection (a). by, this section by program instruction or SEC. ll. SUPPLEMENTAL EMERGENCY UNEM- ‘‘(3) There shall be transferred from the otherwise. PLOYMENT RELIEF FOR GOVERN- Trust Fund to the General Fund of the SEC. 203. AUTHORITY TO EXTEND MEDICARE MENTAL ENTITIES AND NONPROFIT Treasury amounts equivalent to the addi- TELEHEALTH WAIVERS. ORGANIZATIONS. tional premiums payable as a result of the (a) AUTHORITY.—Section 1834(m) of the So- (a) IN GENERAL.—Section 903(i)(1)(B) of the application of section 1839(a)(6), excluding cial Security Act (42 U.S.C. 1395m(m)) is Social Security Act (42 U.S.C. 1103(i)(1)(B)) is the aggregate payments attributable to the amended by adding at the end the following amended by striking ‘‘one-half’’ and insert- application of section 1839(i)(3)(A)(ii)(II).’’. new paragraph: ing ‘‘75 percent’’. (c) ADDITIONAL TRANSITIONAL GOVERNMENT ‘‘(9) AUTHORITY TO EXTEND TELEHEALTH (b) EFFECTIVE DATE.—The amendment CONTRIBUTION.—Section 1844 of the Social Se- WAIVERS AND POLICIES.— made by subsection (a) shall take effect as if curity Act (42 U.S.C. 1395w), as amended by ‘‘(A) AUTHORITY.—Notwithstanding the included in the enactment of the Relief for subsection (b)(2), is amended by adding at preceding provisions of this subsection and Workers Affected by Coronavirus Act (con- the end the following: section 1135, subject to subparagraph (B), if tained in subtitle A of title II of division A ‘‘(f)(1) There shall be transferred from the the emergency period under section of the CARES Act (Public Law 116–136)). General Fund of the Treasury to the Trust 1135(g)(1)(B) expires prior to December 31,

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2021, the authority provided the Secretary (A) STUDY.—The Secretary shall conduct a the first day after the end of such emergency under section 1135(b)(8) to waive or modify study on the impact of telehealth and other period’’ after ‘‘1135(g)(1)(B)’’; requirements with respect to a telehealth virtual services furnished under the Medi- (ii) in clause (ii), by striking ‘‘and’’ at the service, and modifications of policies with care program under title XVIII of the Social end; respect to telehealth services made by in- Security Act (42 U.S.C. 1395 et seq.) during (iii) by redesignating clause (iii) as clause terim final rule applicable to such period, the emergency period described in section (iv); and shall be extended through December 31, 2021. 1135(g)(1)(B) of such Act (42 U.S.C. 1320b– (iv) by inserting after clause (ii) the fol- ‘‘(B) NO REQUIREMENT TO EXTEND.— Noth- 5(g)(1)(B)). In conducting such study, the lowing new clause: ing in subparagraph (A) shall require the Secretary shall— ‘‘(iii) the geographic requirements de- Secretary to extend any specific waiver or (i) assess the impact of such services on ac- scribed in paragraph (4)(C)(i) shall not apply modification or modifications of policies cess to care, health outcomes, and spending with respect to such a telehealth service; that the Secretary does not find appropriate by type of physician, practitioner, or other and’’; for extension. entity, and by patient demographics and (C) in subparagraph (B)(i)— ‘‘(C) IMPLEMENTATION.—Notwithstanding other characteristics that include— (i) in the first sentence, by inserting ‘‘and any provision of law, the provisions of this (I) age, gender, race, and type of eligibility the 5-year period beginning on the first day paragraph may be implemented by interim for the Medicare program; after the end of such emergency period’’ be- final rule, program instructions or other- (II) dual eligibility for both the Medicare fore the period; and wise.’’. program and the Medicaid program under (ii) in the third sentence, by striking ‘‘pro- (b) MEDPAC EVALUATION AND REPORT.— title XIX of such Act (42 U.S.C. 1396 et seq.); gram instruction or otherwise’’ and inserting (1) STUDY.— (III) residing in an area of low-population ‘‘interim final rule, program instruction, or (A) IN GENERAL.—The Medicare Payment density or a health professional shortage otherwise’’; and Advisory Commission (in this subsection re- area (as defined in section 332(a)(1)(A) of the (D) by adding at the end the following new ferred to as the ‘‘Commission’’) shall conduct Public Health Service Act (42 U.S.C. subparagraph: an evaluation of— 254e(a)(1)(A))) ; ‘‘(C) REQUIREMENT DURING ADDITIONAL PE- (i) the expansions of telehealth services (IV) diagnoses, such as a diagnosis of RIOD.— under part B of title XVII of the Social Secu- COVID–19, a chronic condition, or a mental ‘‘(i) IN GENERAL.—During the 5-year period rity Act related to the COVID-19 public health disorder or substance use disorder; beginning on the first day after the end of health emergency described in section (V) telecommunication modality used, in- the emergency period described in section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b– cluding extent to which the services are fur- 1135(g)(1)(B), payment may only be made 5(g)(1)(B)); and nished using audio-only technology; under this paragraph for a telehealth service (ii) the appropriate treatment of such ex- (VI) residing in a State other than the described in subparagraph (A)(i) that is fur- pansions after the expiration of such public State in which the furnishing physician, nished to an eligible telehealth individual if health emergency. practitioner, or other entity is located; and such service is furnished by a qualified pro- (B) ANALYSIS.—The evaluation under sub- (VII) other characteristics and information vider (as defined in clause (ii)). paragraph (A) shall include an analysis of determined appropriate by the Secretary; ‘‘(ii) DEFINITION OF QUALIFIED PROVIDER.— each the following: and For purposes of this subparagraph, the term (i) Which, if any, of such expansions should (ii) to the extent feasible, assess such im- ‘qualified provider’ means, with respect to a be continued after the expiration of the such telehealth service described in subparagraph public health emergency, pact based on— (ii) Whether any such continued expan- (I) the type of technology used to furnish (A)(i) that is furnished to an eligible tele- sions should be limited to, or differentially the service; health individual, a Federally qualified applied to, clinicians participating in certain (II) the extent to which patient privacy is health center or rural health clinic that fur- value-based payment models. protected; nished to such individual, during the 3-year (iii) How Medicare should pay for tele- (III) the extent to which documented or period ending on the date the telehealth health services after the expiration of such suspected fraud or abuse occurred; and service was furnished, an item or service in public health emergency, and the implica- (IV) patient satisfaction. person for which— tions of payment approaches on aggregate (B) USE OF INFORMATION.—The Secretary ‘‘(I) payment was made under this title; or Medicare program spending, may use reliable non-governmental sources ‘‘(II) such payment would have been made (iv) Medicare program integrity and bene- of information in assessing the impact of if such individual were entitled to, or en- ficiary safeguards that may be warranted characteristics described in subparagraph rolled for, benefits under this title at the with the coverage of telehealth services. (A) under the study. time such item or service was furnished.’’. (b) EFFECTIVE DATE.—The amendments (v) The implications of expanded Medicare (C) REPORT.— made by this section (other than the amend- coverage of telehealth services for bene- (i) INTERIM PROVISION OF INFORMATION.— ment made by subsection (a)(2)(D)) shall ficiary access to care and the quality of care The Secretary shall, as determined appro- take effect as if included in the enactment of provided via telehealth. priate, periodically during such emergency the Coronavirus Aid, Relief, and Economic (vi) Other areas determined appropriate by period, post on the internet website of the Security Act (Public Law 116–136). the Commission. Centers for Medicare & Medicaid services data on utilization of telehealth and other SEC. 205. TEMPORARY CARRYOVER FOR HEALTH (2) REPORT.—Not later than June 15, 2021, virtual services under the Medicare program AND DEPENDENT CARE FLEXIBLE the Commission shall submit to Congress a SPENDING ARRANGEMENTS. report containing the results of the evalua- and the impact of characteristics described in subparagraph (A) on such utilization. (a) INCREASE IN CARRYOVER FOR HEALTH tion conducted under paragraph (1), together FLEXIBLE SPENDING ARRANGEMENTS.—A plan (ii) REPORT.—Not later than 15 months with recommendations for such legislation or other arrangement that otherwise satis- and administrative action as the Commis- after date of enactment of this Act, the Sec- retary shall submit to Congress a report on fies all of the applicable requirements of sec- sion determines appropriate. tions 106 and 125 of the Internal Revenue (c) HHS PROVISION OF INFORMATION AND the study conducted under subparagraph (A), together with recommendations for such leg- Code of 1986 (including any rules or regula- STUDY AND REPORT.— tions thereunder) shall not fail to be treated islation and administrative action as the (1) PRE–COVID–19 PUBLIC HEALTH EMERGENCY as a cafeteria plan or health flexible spend- Secretary determines appropriate. TELEHEALTH AUTHORITY.—Not later than 3 ing arrangement merely because such plan months after the date of enactment of this SEC. 204. EXTENDING MEDICARE TELEHEALTH or arrangement permits participants to Act, the Secretary of Health and Human FLEXIBILITIES FOR FEDERALLY carry over an amount not in excess of $2,750 Services (in this subsection referred to as the QUALIFIED HEALTH CENTERS AND of unused benefits or contributions remain- RURAL HEALTH CLINICS. ‘‘Secretary’’) shall make available on the ing in a health flexible spending arrange- internet website of the Centers for Medicare (a) IN GENERAL.—Section 1834(m) of the So- ment from the plan year ending in 2020 to & Medicaid Services information describing cial Security Act (42 U.S.C. 1395m(m)) is the plan year ending in 2021. the requirements applicable to telehealth amended— (b) CARRYOVER FOR DEPENDENT CARE services and other virtual services under the (1) in paragraph (4)(C)— FLEXIBLE SPENDING ARRANGEMENTS.—A plan original Medicare fee-for-service program (A) in clause (i), in the matter preceding or other arrangement that otherwise satis- under parts A and B of title XVIII of the So- subclause (I), by striking ‘‘and (7)’’ and in- fies all applicable requirements of sections cial Security Act (42 U.S.C. 1395 et seq.) and serting ‘‘(7), and (8)’’; and 106, 125, and 129 of the Internal Revenue Code the Medicare Advantage program under part (B) in clause (ii)(X), by inserting ‘‘or para- of 1986 (including any rules or regulations C of such title prior to the waiver or modi- graph (8)(A)(i)’’ before the period; and thereunder) shall not fail to be treated as a fication of such requirements during the (2) in paragraph (8)— cafeteria plan or dependent care flexible emergency period described in section (A) in the paragraph heading by inserting spending arrangement merely because such 1135(g)(1)(B) of the Social Security Act (42 ‘‘AND FOR AN ADDITIONAL PERIOD AFTER’’ after plan or arrangement permits participants to U.S.C. 1320b–5(g)(1)(B)), as established by ‘‘DURING ’’; carry over (under rules similar to the rules statute, regulation, and sub-regulatory guid- (B) in subparagraph (A)— applicable to health flexible spending ar- ance under such title. (i) in the matter preceding clause (i), by in- rangements) an amount, not in excess of the (2) STUDY AND REPORT.— serting ‘‘and the 5-year period beginning on amount in effect under section 129(a)(2)(A) of

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such Code, of unused benefits or contribu- ‘‘(v) TERMINATION.—This subparagraph fiscal year 2020 for making grants in accord- tions remaining in a dependent care flexible shall not apply to any taxable year begin- ance with this section to the highest State spending arrangement from the plan year ning after December 31, 2021.’’. courts described in section 438 of the Social ending in 2020 to the plan year ending in 2021. (b) EFFECTIVE DATE.—The amendment Security Act (42 U.S.C. 629h). Grants made (c) RETROACTIVE APPLICATION.—An em- made by this section shall apply to taxable under this section shall be considered to be ployer shall be permitted to amend its cafe- years beginning after December 31, 2019. Court Improvement Program grants made teria plan to effectuate the carry over al- SEC. 207. SUPPORT FOR OLDER FOSTER YOUTH. under such section 438, subject to the suc- lowed under subsection (a) or (b), provided (a) FUNDING INCREASES.—The dollar ceeding provisions of this section. that such amendment— amount specified in section 477(h)(1) of the (b) DISTRIBUTION OF FUNDS.— (1) is adopted not later than the last day of Social Security Act (42 U.S.C. 677(h)(1)) for (1) IN GENERAL.—From the amount appro- the plan year ending in 2020; and fiscal year 2020 is deemed to be $193,000,000. priated under subsection (a), the Secretary (2) provides that the carry over allowed (b) PROGRAMMATIC FLEXIBILITY.—During shall— under subsection (a) or (b) shall be in effect the COVID–19 public health emergency: (A) reserve up to $500,000 for Tribal court as of the first day of the plan year ending in (1) SUSPENSION OF CERTAIN REQUIREMENTS improvement activities; and 2020. UNDER THE EDUCATION AND TRAINING VOUCHER (B) pay from the amount remaining after (d) DEFINITIONS.—Any term used in this PROGRAM.—The Secretary may allow a State the application of subparagraph (A), a grant section which is also used in section 106, 125, to waive the applicability of the requirement to each highest State court that is approved or 129 of the Internal Revenue Code of 1986 or in section 477(i)(3) of the Social Security Act to receive a grant under section 438 of the the rules or regulations thereunder shall (42 U.S.C. 677(i)(3)) that a youth must be en- Social Security Act for the purpose described have the same meaning as when used in such rolled in a postsecondary education or train- in subsection (a)(3) of that section for fiscal section or rules or regulations. ing program or making satisfactory progress year 2020 . SEC. 206. ON-SITE EMPLOYEE CLINICS. toward completion of that program if a (2) AMOUNT.—The amount of the grant (a) IN GENERAL.—Paragraph (1) of section youth is unable to meet these requirements awarded to a highest State court under this 223(c) of the Internal Revenue Code of 1986 is due to the public health emergency. section is equal to the sum of— amended by adding at the end the following (2) AUTHORITY TO WAIVE LIMITATIONS ON (A) $85,000; and new subparagraph: PERCENTAGE OF FUNDS USED FOR HOUSING AS- (B) the amount that bears the same ratio ‘‘(D) SPECIAL RULE FOR QUALIFIED ITEMS SISTANCE AND ELIGIBILITY FOR SUCH ASSIST- to the amount appropriated under subsection AND SERVICES.— ANCE.—Notwithstanding subsections (b)(3)(B) (a) that remains after the application of ‘‘(i) IN GENERAL.—For purposes of subpara- and (b)(3)(C) of section 477 of the Social Se- paragraph (1)(A) and subparagraph (A) of this graph (A)(ii), an individual shall not be curity Act (42 U.S.C. 677), a State may— paragraph, as the number of individuals in treated as covered under a health plan de- (A) use more than 30 percent of the the State who have not attained 21 years of scribed in subclauses (I) and (II) of such sub- amounts paid to the State from its allot- age bears to the total number of such indi- paragraph merely because the individual is ment under subsection (c) of such section for viduals in all States (based on the most re- eligible to receive, or receives, qualified a fiscal year for room or board payments; cent year for which data are available from items and services— and the Bureau of the Census). ‘‘(I) at a healthcare facility located at a fa- (B) expend amounts paid to the State from (3) OTHER RULES.— cility owned or leased by the employer of the its allotment under subsection (c) of such (A) IN GENERAL.—The grants awarded to individual (or of the individual’s spouse), or section for a fiscal year for room or board for the highest State courts under this section ‘‘(II) at a healthcare facility operated pri- youth who have attained age 18, are no shall be in addition to any grants made to marily for the benefit of employees of the longer in foster care or otherwise eligible for such courts under section 438 of such Act for employer of the individual (or of the individ- services under such section, and experienced any fiscal year. ual’s spouse). foster care at 14 years of age or older. (B) NO MATCHING REQUIREMENT.—The limi- ‘‘(ii) QUALIFIED ITEMS AND SERVICES DE- (c) SPECIAL RULES.— tation on the use of funds specified in section FINED.—For purposes of this subparagraph, (1) NONAPPLICATION OF MATCHING FUNDS RE- 438(d) of such Act (42 U.S.C. 629h(d)) shall not the term ‘qualified items and services’ QUIREMENT FOR INCREASED FUNDING.—With apply to the grants awarded under this sec- means the following: respect to the amount allotted to a State tion. ‘‘(I) Physical examination. under section 477(c)(1) of the Social Security (C) NO ADDITIONAL APPLICATION.—The Sec- ‘‘(II) Immunizations, including injections Act (42 U.S.C. 677(c)(1)) for fiscal year 2020, retary shall award grants to the highest of antigens provided by employees. the Secretary shall apply section State courts under this section without re- ‘‘(III) Drugs or biologicals other than a 474(a)(4)(A)(i) of such Act (42 U.S.C. quiring such courts to submit an additional prescribed drug (as such term is defined in 674(a)(4)(A)(i)) to the additional amount of application. section 213(d)(3)). such allotment resulting from the deemed (D) REPORTS.—The Secretary may estab- ‘‘(IV) Treatment for injuries occurring in increase in the dollar amount specified in lish reporting criteria specific to the grants the course of employment. section 477(h)(1) of such Act (42 U.S.C. awarded under this section. ‘‘(V) Preventive care for chronic conditions 677(h)(1)) for fiscal year 2020 under subsection (E) REDISTRIBUTION OF FUNDS.—If a highest (as defined in clause (iv)). (a) by substituting ‘‘100 percent’’ for ‘‘80 per- State court does not accept a grant awarded ‘‘(VI) Management of chronic conditions or cent’’. under this section, or does not agree to com- diseases. (2) NO RESERVATION FOR EVALUATION, TECH- ply with any reporting requirements imposed ‘‘(VII) Drug testing. NICAL ASSISTANCE, PERFORMANCE MEASURE- under subparagraph (D) or the use of funds ‘‘(VIII) Hearing or vision screenings and re- MENT, AND DATA COLLECTION ACTIVITIES.—Sec- requirements specified in subsection (c), the lated services. tion 477(g)(2) of such Act (42 U.S.C. 677(g)(2)) Secretary shall redistribute the grant funds ‘‘(IX) Testing, vaccines, or treatments for shall not apply to the portion of the deemed that would have been awarded to that court the virus SARS–CoV–2 or coronavirus disease dollar amount for section 477(h)(1) of such among the other highest State courts that 2019 (COVID–19). Act (42 U.S.C. 677(h)(1)) for fiscal year 2020 are awarded grants under this section and ‘‘(iii) AGGREGATION.—For purposes of under subsection (a) that exceeds the dollar agree to comply with such reporting and use clause (i), all persons treated as a single em- amount specified in that section for such fis- of funds requirements. ployer under subsection (b), (c), (m), or (o) of cal year. (c) USE OF FUNDS.—A highest State court section 414 shall be treated as a single em- (d) DEFINITIONS.—In this section: awarded a grant under this section shall use ployer. (1) COVID–19 PUBLIC HEALTH EMERGENCY.— the grant funds to address needs stemming ‘‘(iv) PREVENTIVE CARE FOR CHRONIC CONDI- The term ‘‘COVID–19 public health emer- from the COVID–19 public health emergency, TIONS.—For purposes of this subparagraph, gency’’ means the public health emergency which may include any of the following: the term ‘preventive care for chronic condi- declared by the Secretary pursuant to sec- (1) Technology investments to facilitate tions’ means any item or service specified in tion 319 of the Public Health Service Act on the transition to remote hearings for depend- the Appendix of Internal Revenue Service January 31, 2020, entitled ‘‘Determination ency courts when necessary as a direct result Notice 2019-45 which is prescribed to treat an that a Public Health Emergency Exists Na- of the COVID–19 public health emergency. individual diagnosed with the associated tionwide as the Result of the 2019 Novel (2) Training for judges, attorneys, and chronic condition specified in such Appendix Coronavirus’’ and includes any renewal of caseworkers on facilitating and partici- for the purpose of preventing the exacer- such declaration pursuant to such section pating in remote technology hearings that bation of such chronic condition or the de- 319. still comply with due process, meet Congres- velopment of a secondary condition, includ- (2) SECRETARY.—The term ‘‘Secretary’’ sionally mandated requirements, ensure ing any amendment, addition, removal, or means the Secretary of Health and Human child safety and well-being, and help inform other modification made by the Secretary Services. judicial decision-making. (pursuant to the authority granted to the SEC. 208. COURT IMPROVEMENT PROGRAM. (3) Programs to help families address as- Secretary under paragraph (2)(C)) to the (a) TEMPORARY FUNDING INCREASES.—Out pects of the case plan to avoid delays in legal items or services specified in such Appendix of any money in the Treasury of the United proceedings that would occur as a direct re- subsequent to the date of enactment of this States not otherwise appropriated, there are sult of the COVID–19 public health emer- subparagraph. appropriated to the Secretary, $10,000,000 for gency.

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(4) Other purposes to assist courts, court (A) the individual’s designation to serve on (3) COORDINATION WITH OTHER FEDERAL EN- personnel, or related staff related to the 1 or more teams under an emergency procla- TITIES.—The Secretary shall seek input as COVID–19 public health emergency. mation by the Secretary; appropriate on the training courses devel- (d) DEFINITIONS.—In this section: (B) the mission of the team; oped under this subsection from the Elder (1) COVID–19 PUBLIC HEALTH EMERGENCY.— (C) the authority of the individual to per- Justice Coordinating Council and the Direc- The term ‘‘COVID–19 public health emer- form the team mission; tor of the Centers for Disease Control and gency’’ means the public health emergency (D) the individual’s authority to access Prevention. declared by the Secretary pursuant to sec- places, persons, and materials necessary for (4) INTERACTIVE WEBSITE.—The Secretary is tion 319 of the Public Health Service Act on the team member’s performance of the authorized to create an interactive website January 31, 2020, entitled ‘‘Determination team’s mission; to disseminate training materials and re- that a Public Health Emergency Exists Na- (E) the requirement that team members lated information in the areas of infection tionwide as the Result of the 2019 Novel maintain the confidentiality of patient in- control and prevention, for purposes of car- Coronavirus’’ and includes any renewal of formation shared with such individuals by a rying out this subsection during the COVID– such declaration pursuant to such section participating provider; and 19 public health emergency period. 319. (F) the required security background SEC. 214. PROMOTING TRANSPARENCY IN COVID– (2) SECRETARY.—The term ‘‘Secretary’’ checks that the individual has passed. 19 REPORTING BY NURSING FACILI- means the Secretary of Health and Human (3) SECRETARIAL OVERSIGHT.—The Sec- TIES. Services. retary may, at any time, disband any strike Not later than 10 days after the date of en- Subtitle B—Emergency Support and COVID– team and rescind the letter of authorization actment of this Act, and at least weekly 19 Protection for Nursing Homes for any team member. thereafter during the COVID-19 public health emergency period, the Secretary shall pro- SEC. 211. DEFINITIONS. (4) TEAM AND MEMBER AUTHORITY.—A team vide the Governor of each State with a list of In this subtitle: and team member may not use the letter of all participating providers in the State with (1) COVID–19.—The term ‘‘COVID–19’’ authorization described in paragraph (2) for respect to which the reported cases of means the 2019 Novel Coronavirus or 2019- any purpose except in connection with the COVID–19 in visitors to, personnel of, and nCoV. team’s mission of acting in good faith to pro- residents of, such providers increased during (2) COVID–19 PUBLIC HEALTH EMERGENCY PE- mote resident and employee safety in par- the previous week (or, in the case of the first RIOD.—The term ‘‘COVID–19 public health ticipating providers in which COVID–19 is such list, during the 10-day period beginning emergency period’’ means the period begin- confirmed to be present. on the date of enactment of this Act). ning on the first day of the emergency period (5) ADMINISTRATION.—The Secretary, in defined in paragraph (1)(B) of section 1135(g) consultation with the Director of the Cen- SEC. 215. FUNDING. of the Social Security Act (42 U.S.C. 1320b- ters for Disease Control and Prevention, may The Secretary may use amounts appro- 5(g)) and ending on the last day of the cal- establish protocols and procedures for re- priated for COVID–19 response and related endar quarter in which the last day of such questing the assistance of a strike team es- activities pursuant to the CARES Act (Pub- emergency period occurs. tablished under this section and any other lic Law 116–136) and subsequently enacted (3) NURSING FACILITY.—The term ‘‘nursing procedures deemed necessary for the team’s legislation to carry out this subtitle. facility’’ has the meaning given that term in operation. section 1919(a) of the Social Security Act (42 (6) SUPPLEMENTATION OF OTHER RESPONSE SA 2512. Mr. MORAN (for himself and U.S.C. 1396r(a)). EFFORTS.—Strike teams established by the Mr. BLUMENTHAL) proposed an amend- (4) PARTICIPATING PROVIDER.—The term Secretary under this section shall supplement to the bill S. 2330, to amend the ‘‘participating provider’’ means a skilled ment and not supplant response efforts car- Ted Stevens Olympic and Amateur nursing facility or a nursing facility that has ried out by a State strike team or a tech- Sports Act to provide for congressional nical assistance team established by the Sec- been assigned a national provider identifier oversight of the board of directors of number by the Secretary and has executed retary during the COVID-19 public health emergency period the United States Olympic and an agreement to participate in the Medicare Paralympic Committee and to protect program established under title XVIII of the SEC. 213. PROMOTING COVID–19 TESTING AND IN- Social Security Act (42 U.S.C. 1395 et seq.) or FECTION CONTROL IN NURSING FA- amateur athletes from emotional, the Medicaid program established under title CILITIES. physical, and sexual abuse, and for XIX of such Act (42 U.S.C. 1396 et seq.). (a) NURSING HOME PROTECTIONS.—The Sec- other purposes; as follows: (5) SECRETARY.—The term ‘‘Secretary’’ retary, in consultation with the Elder Jus- Strike all after the enacting clause and in- means the Secretary of Health and Human tice Coordinating Council, is authorized dur- sert the following: Services. ing the COVID–19 public health emergency SECTION 1. SHORT TITLE. (6) SKILLED NURSING FACILITY.—The term period to enhance efforts by participating This Act may be cited as the ‘‘Empowering ‘‘skilled nursing facility’’ has the meaning providers to respond to COVID–19, including Olympic, Paralympic, and Amateur Athletes given that term in section 1819(a) of the So- through— Act of 2020’’. (1) development of online training courses cial Security Act (42 U.S.C. 1395i–3(a)). SEC. 2. FINDINGS. for personnel of participating providers, sur- (7) STATE.—Except as otherwise provided, Congress makes the following findings: the term ‘‘State’’ has the meaning given vey agencies, the long-term care ombudsman such term for purposes of title XIX of the So- of each State, and other individuals to facili- SA 2513. Mr. CASSIDY (for himself, cial Security Act (42 U.S.C. 1396 et seq.). tate the implementation of subsection (b); Mr. DAINES, Mr. ROMNEY, and Mr. SEC. 212. ESTABLISHING COVID–19 STRIKE (2) enhanced diagnostic testing of visitors RUBIO) submitted an amendment in- TEAMS FOR NURSING FACILITIES. to, personnel of, and residents of, partici- (a) IN GENERAL.—The Secretary is author- pating providers in which measures of tended to be proposed to amendment ized to establish and support the operation of COVID–19 in the community support more SA 2499 proposed by Mr. MCCONNELL to strike teams comprised of individuals with frequent testing for COVID–19; the bill S. 178, to condemn gross human relevant skills, qualifications, and experi- (3) development of training materials for rights violations of ethnic Turkic Mus- ence to respond to COVID–19-related crises in personnel of participating providers, the lims in Xinjiang, and calling for an end participating providers during the COVID–19 long-term care ombudsman of each State, to arbitrary detention, torture, and and other individuals to facilitate the imple- public health emergency period, based on harassment of these communities in- data reported by such providers to the Cen- mentation of subsection (c); and ters for Disease Control and Prevention. (4) providing support to participating pro- side and outside China; which was or- (b) MISSION AND COMPOSITION OF STRIKE viders in areas deemed by the Secretary to dered to lie on the table; as follows: TEAMS.— require additional assistance due to the pres- At the appropriate place, insert the fol- (1) IN GENERAL.—Strike teams established ence COVID–19 infections. lowing: by the Secretary may include assessment, (b) TRAINING ON BEST PRACTICES IN INFEC- SEC. lll. SUPPLEMENTARY 2020 RECOVERY RE- testing, and clinical teams, and a mission for TION CONTROL AND PREVENTION.— BATES FOR INDIVIDUALS. each such team may include performing (1) IN GENERAL.—The Secretary shall de- (a) IN GENERAL.—Subchapter B of chapter medical examinations, conducting COVID–19 velop training courses on infection control 65 of subtitle F of the Internal Revenue Code testing, and assisting participating providers and prevention, including cohorting, strate- of 1986 is amended by inserting after section with the implementation of infection control gies and use of telehealth to mitigate the 6428 the following new section: practices (such as quarantine, isolation, or transmission of COVID–19 in participating ‘‘SEC. 6428A. SUPPLEMENTARY 2020 RECOVERY disinfection procedures). providers during the COVID–19 public health REBATES FOR INDIVIDUALS. (2) LETTER OF AUTHORIZATION.—Strike emergency period. ‘‘(a) IN GENERAL.—In addition to the credit teams and members of such teams shall be (2) DEVELOPMENT.—To the extent prac- allowed under section 6428, in the case of an subject to the Secretary’s oversight and di- ticable, the training programs developed by eligible individual, there shall be allowed as rection and the Secretary may issue a letter the Secretary under this subsection shall use a credit against the tax imposed by subtitle of authorization to team members describ- best practices in infection control and pre- A for the first taxable year beginning in 2020 ing— vention. an amount equal to the sum of—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.040 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4769 ‘‘(1) $1,000 ($2,000 in the case of eligible in- tion received from an officer or employee de- States at any time during the taxable year dividuals filing a joint return), plus scribed in section 3325(a)(1)(B) of such title and the valid identification number of at ‘‘(2) an amount equal to the product of for the purpose of facilitating the accurate least 1 spouse is included on the return of $1,000 multiplied by the number of depend- and efficient delivery of such payment. Ex- tax for the taxable year. ents (as defined in section 152(a)) of the tax- cept in cases of fraud or reckless neglect, no ‘‘(6) MATHEMATICAL OR CLERICAL ERROR AU- payer. liability under sections 3325, 3527, 3528, or THORITY.—Any omission of a correct valid ‘‘(b) TREATMENT OF CREDIT.—The credit al- 3529 of title 31, United States Code, shall be identification number required under this lowed by subsection (a) shall be treated as imposed with respect to payments made subsection shall be treated as a mathe- allowed by subpart C of part IV of sub- under this subparagraph. matical or clerical error for purposes of ap- chapter A of chapter 1. ‘‘(4) NO INTEREST.—No interest shall be al- plying section 6213(g)(2) to such omission. ‘‘(c) LIMITATION BASED ON ADJUSTED GROSS lowed on any overpayment attributable to ‘‘(h) REGULATIONS.—The Secretary shall INCOME.—The amount of the credit allowed this section. prescribe such regulations or other guidance by subsection (a) (determined without regard ‘‘(5) ALTERNATE TAXABLE YEAR.—In the as may be necessary to carry out the pur- to this subsection and subsection (e)) shall case of an individual who, at the time of any poses of this section, including any such be reduced (but not below zero) by 5 percent determination made pursuant to paragraph measures as are deemed appropriate to avoid of so much of the taxpayer’s adjusted gross (3), has not filed a tax return for the year de- allowing multiple credits or rebates to a tax- income as exceeds— scribed in paragraph (1), the Secretary may— payer.’’. ‘‘(1) $150,000 in the case of a joint return, ‘‘(A) apply such paragraph by substituting (b) DEFINITION OF DEFICIENCY.—Section ‘‘(2) $112,500 in the case of a head of house- ‘2018’ for ‘2019’, and 6211(b)(4)(A) of the Internal Revenue Code of hold, and ‘‘(B) if the individual has not filed a tax re- 1986 is amended by striking ‘‘and 6428’’ and ‘‘(3) $75,000 in the case of a taxpayer not de- turn for such individual’s first taxable year inserting ‘‘6428, and 6428A’’. scribed in paragraph (1) or (2). beginning in 2018, use information with re- (c) TREATMENT OF POSSESSIONS.—Rules ‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of spect to such individual for calendar year similar to the rules of subsection (c) of sec- this section, the term ‘eligible individual’ 2019 provided in— tion 2201 of the CARES Act (Public Law 116- means any individual other than— ‘‘(i) Form SSA–1099, Social Security Ben- 136) shall apply for purposes of this section. ‘‘(1) any nonresident alien individual, efit Statement, or (d) EXCEPTION FROM REDUCTION OR OFF- ‘‘(2) any individual with respect to whom a ‘‘(ii) Form RRB–1099, Social Security SET.—Any credit or refund allowed or made deduction under section 151 is allowable to Equivalent Benefit Statement. to any individual by reason of section 6428A another taxpayer for a taxable year begin- ‘‘(6) NOTICE TO TAXPAYER.—Not later than of the Internal Revenue Code of 1986 (as ning in the calendar year in which the indi- 15 days after the date on which the Secretary added by this section) or by reason of sub- vidual’s taxable year begins, and distributed any payment to an eligible tax- section (c) of this section shall not be— ‘‘(3) an estate or trust. payer pursuant to this subsection, notice (1) subject to reduction or offset pursuant ‘‘(e) COORDINATION WITH ADVANCE REFUNDS shall be sent by mail to such taxpayer’s last to section 3716 or 3720A of title 31, United OF CREDIT.— known address. Such notice shall indicate States Code, ‘‘(1) IN GENERAL.—The amount of credit the method by which such payment was (2) subject to reduction or offset pursuant which would (but for this paragraph) be al- made, the amount of such payment, and a to subsection (d), (e), or (f) of section 6402 of lowable under this section shall be reduced phone number for the appropriate point of the Internal Revenue Code of 1986, or (but not below zero) by the aggregate refunds contact at the Internal Revenue Service to (3) reduced or offset by other assessed Fed- and credits made or allowed to the taxpayer report any failure to receive such payment. eral taxes that would otherwise be subject to under subsection (f). Any failure to so reduce ‘‘(g) IDENTIFICATION NUMBER REQUIRE- levy or collection. the credit shall be treated as arising out of MENT.— (e) PUBLIC AWARENESS CAMPAIGN.—The a mathematical or clerical error and as- ‘‘(1) IN GENERAL.—In the case of any tax- Secretary of the Treasury (or the Secretary’s sessed according to section 6213(b)(1). payer who does not include the valid identi- delegate) shall conduct a public awareness ‘‘(2) JOINT RETURNS.—In the case of a re- fication number of such taxpayer on the re- campaign, in coordination with the Commis- fund or credit made or allowed under sub- turn of tax for the taxable year, subsection sioner of Social Security and the heads of section (f) with respect to a joint return, half (a)(1) shall be applied by substituting ‘$0’ for other relevant Federal agencies, to provide of such refund or credit shall be treated as ‘$1,000’. information regarding the availability of the having been made or allowed to each indi- ‘‘(2) JOINT RETURNS.—In the case of a joint credit and rebate allowed under section vidual filing such return. return— 6428A of the Internal Revenue Code of 1986 ‘‘(f) ADVANCE REFUNDS AND CREDITS.— ‘‘(A) if the valid identification number of (as added by this section), including informa- ‘‘(1) IN GENERAL.—Subject to paragraph (5), only 1 spouse is included on the return of tax tion with respect to individuals who may not each individual who was an eligible indi- for the taxable year— vidual for such individual’s first taxable year ‘‘(i) subsection (a)(1) shall be applied by have filed a tax return for taxable year 2018 beginning in 2019 shall be treated as having substituting ‘$1,000’ for ‘$2,000’, and or 2019. (f) CONFORMING AMENDMENTS.— made a payment against the tax imposed by ‘‘(ii) subsection (c)(1) shall be applied by (1) Paragraph (2) of section 1324(b) of title chapter 1 for such taxable year in an amount substituting ‘$75,000’ for ‘$150,000’, or 31, United States Code, is amended by insert- equal to the advance refund amount for such ‘‘(B) if the valid identification number of ing ‘‘6428A,’’ after ‘‘6428,’’. taxable year. neither spouse is included on the return of (2) The table of sections for subchapter B ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- tax for the taxable year, subsection (a)(1) of chapter 65 of subtitle F of the Internal poses of paragraph (1), the advance refund shall be applied by substituting ‘$0’ for Revenue Code of 1986 is amended by inserting amount is the amount that would have been ‘$2,000’. after the item relating to section 6428 the allowed as a credit under this section for ‘‘(3) DEPENDENT.—A dependent of a tax- following: such taxable year if this section (other than payer shall not be taken into account under subsection (e) and this subsection) had ap- subsection (a)(2) unless— ‘‘Sec. 6428A. Supplementary 2020 Recovery plied to such taxable year. ‘‘(A) the taxpayer includes the valid identi- Rebates for individuals.’’. ‘‘(3) TIMING AND MANNER OF PAYMENTS.— fication number of such taxpayer (or, in the ‘‘(A) TIMING.—The Secretary shall, subject case of a joint return, the valid identifica- SA 2514. Ms. MCSALLY submitted an to the provisions of this title, refund or cred- tion number of at least 1 spouse) on the re- amendment intended to be proposed to it any overpayment attributable to this sec- turn of tax for the taxable year, and amendment SA 2499 proposed by Mr. tion as rapidly as possible. No refund or cred- ‘‘(B) the valid identification number of MCCONNELL to the bill S. 178, to con- it shall be made or allowed under this sub- such dependent is included on the return of demn gross human rights violations of section after December 31, 2020. tax for the taxable year. ethnic Turkic Muslims in Xinjiang, and ‘‘(B) DELIVERY OF PAYMENTS.—Notwith- ‘‘(4) VALID IDENTIFICATION NUMBER.— calling for an end to arbitrary deten- standing any other provision of law, the Sec- ‘‘(A) IN GENERAL.—For purposes of this sub- retary may certify and disburse refunds pay- section, the term ‘valid identification num- tion, torture, and harassment of these able under this subsection electronically to ber’ means a social security number (as such communities inside and outside China; any account to which the payee authorized, term is defined in section 24(h)(7)). which was ordered to lie on the table; on or after January 1, 2018, the delivery of a ‘‘(B) ADOPTION TAXPAYER IDENTIFICATION as follows: refund of taxes under this title or of a Fed- NUMBER.—For purposes of paragraph (3)(B), At the appropriate place, insert the fol- eral payment (as defined in section 3332 of in the case of a dependent who is adopted or lowing: title 31, United States Code). placed for adoption, the term ‘valid identi- SEC. ll. PROHIBITION ON USE OF COVID–19 RE- ‘‘(C) WAIVER OF CERTAIN RULES.—Notwith- fication number’ shall include the adoption LIEF FUNDS TO PURCHASE GOODS standing section 3325 of title 31, United taxpayer identification number of such de- OR SERVICES FROM COMMUNIST States Code, or any other provision of law, pendent. CHINESE MILITARY COMPANIES. with respect to any payment of a refund ‘‘(5) SPECIAL RULE FOR MEMBERS OF THE (a) IN GENERAL.—None of the funds de- under this subsection, a disbursing official in ARMED FORCES.—Paragraph (2) shall not scribed in subsection (b) may be obligated or the executive branch of the United States apply in the case where at least 1 spouse was expended to purchase goods or services from Government may modify payment informa- a member of the Armed Forces of the United a person on the list required by section

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.041 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4770 CONGRESSIONAL RECORD — SENATE August 4, 2020 1237(b) of the Strom Thurmond National De- of 15 percent of the amount of such premium ferent coverage as described in subparagraph fense Authorization Act for Fiscal Year 1999 owed by such individual (as determined with- (A) only if— (Public Law 105–261; 50 U.S.C. 1701 note). out regard to this subsection) or the amount (i) the employer involved has made a deter- (b) FUNDS DESCRIBED.—Funds described in of the premium that a similarly situated in- mination that such employer will permit this subsection are— dividual enrolled in the plan who is not an such assistance eligible individual to enroll (1) funds made available under this Act; assistance eligible individual is (or would be, in different coverage as provided under this (2) funds made available, and available for if so enrolled) required to pay with respect to paragraph; obligation as of the date of the enactment of the plan (after any employer contribution). (ii) the premium for such different cov- this Act, under— (B) CHURCH PLANS.—In the case of any pre- erage does not exceed the premium for cov- (A) the Coronavirus Preparedness and Re- mium for a period of coverage during the pe- erage in which such individual was enrolled sponse Supplemental Appropriations Act, riod beginning on the first day of the first at the time such qualifying event occurred 2020 (Public Law 116–123; 134 Stat. 146); month that begins after the date of enact- or immediately before such furlough began; (B) the Families First Coronavirus Re- ment of this Act and ending on December 31, (iii) the different coverage in which the in- sponse Act (Public Law 116–127; 134 Stat. 177); 2020, for coverage under a church plan with dividual elects to enroll is coverage that is (C) the Coronavirus Aid, Relief, and Eco- respect to any assistance eligible individual also offered to the active employees of the nomic Security Act (Public Law 116–136); or described in subsection (c)(2), such individual employer, who are not in a furlough period, (D) the Paycheck Protection Program and shall be treated for purposes of the individ- at the time at which such election is made; Health Care Enhancement Act (Public Law ual’s coverage under such plan as having and 116–139; 134 Stat. 620); or paid the amount of such premium if such in- (iv) the different coverage in which the in- (3) funds made available under any Act en- dividual pays (and any person other than dividual elects to enroll is not— acted after the date of the enactment of this such individual’s employer pays on behalf of (I) coverage that provides only dental, vi- Act to provide additional funding relating to such individual) the greater of 15 percent of sion, counseling, or referral services (or a the COVID–19 pandemic. the amount of such premium owed by such combination of such services); (c) APPLICATION TO PRIVATE ENTITIES AND individual (as determined without regard to (II) a qualified small employer health re- STATE AND LOCAL GOVERNMENTS.— this subsection) or the amount of the pre- imbursement arrangement (as defined in sec- (1) IN GENERAL.—The prohibition under mium that a similarly situated individual tion 9831(d)(2) of the Internal Revenue Code subsection (a) includes a prohibition on the enrolled in the plan who is not an assistance of 1986); obligation or expenditure of funds described eligible individual is (or would be, if so en- (III) a flexible spending arrangement (as in subsection (b) for the purchase of goods or rolled) required to pay with respect to the defined in section 106(c)(2) of the Internal services from persons described in subsection plan (after any employer contribution). Revenue Code of 1986); or (a) by a private entity or a State or local (C) FURLOUGHED CONTINUATION COVERAGE.— (IV) benefits that provide coverage for government that received such funds In the case of any premium for a period of services or treatments furnished in an on- through a grant or any other means. coverage during the period beginning on the site medical facility maintained by the em- (2) CERTIFICATION REQUIRED TO RECEIVE FU- first day of the first month that begins after ployer and that consists primarily of first- the date of enactment of this Act and ending aid services, prevention and wellness care, or TURE FUNDS.—On and after the date of the enactment of this Act, the head of an execu- on December 31, 2020, for coverage under a similar care (or a combination of such care). tive agency may not provide funds described group health plan with respect to any assist- (3) PREMIUM REIMBURSEMENT.—For provi- in subsection (b) to a private entity or a ance eligible individual described in sub- sions providing the payment of such pre- State or local government unless the entity section (c)(3), such individual shall be treat- mium, see section 6432 of the Internal Rev- enue Code of 1986, as added by section 203(a). or government certifies that the entity or ed for purposes of the individual’s coverage under such plan as having paid the amount (b) LIMITATION OF PERIOD OF PREMIUM AS- government, as the case may be, is not pur- of such premium if such individual pays (and SISTANCE.— chasing goods or services from a person de- any person other than such individual’s em- (1) ELIGIBILITY FOR ADDITIONAL COVERAGE.— scribed in subsection (a). ployer pays on behalf of such individual) the Subsection (a)(1) shall not apply with respect (d) EXECUTIVE AGENCY DEFINED.—In this greater of 15 percent of the amount of such to— section, the term ‘‘executive agency’’ has the premium owed by such individual (as deter- (A) any assistance eligible individual de- meaning given that term in section 133 of mined without regard to this subsection) or scribed in subsection (c)(1) for months of title 41, United States Code. the amount of the premium that a similarly coverage beginning on or after the earlier situated individual enrolled in the plan who of— SA 2515. Ms. MCSALLY (for herself, is not an assistance eligible individual is (or (i) the first date that such individual is eli- Mr. DAINES, Mr. CORNYN, and Mr. SUL- would be, if so enrolled) required to pay with gible for coverage under any other group LIVAN) submitted an amendment in- respect to the plan (after any employer con- health plan (other than coverage consisting tended to be proposed to amendment tribution). of only dental, vision, counseling, or referral SA 2499 proposed by Mr. MCCONNELL to (2) PLAN ENROLLMENT OPTION.— services (or a combination thereof), coverage the bill S. 178, to condemn gross human (A) IN GENERAL.—Any assistance eligible under a flexible spending arrangement (as rights violations of ethnic Turkic Mus- individual who is enrolled in a group health defined in section 106(c)(2) of the Internal Revenue Code of 1986), coverage of treatment lims in Xinjiang, and calling for an end plan offered by a plan sponsor may, not later than 90 days after the date of notice of the that is furnished in an on-site medical facil- to arbitrary detention, torture, and plan enrollment option described in this ity maintained by the employer and that harassment of these communities in- paragraph, elect to enroll in coverage under consists primarily of first-aid services, pre- side and outside China; which was or- a plan offered by such plan sponsor that is vention and wellness care, or similar care (or dered to lie on the table; as follows: different than coverage under the plan in a combination thereof)), or eligible for bene- At the appropriate place, insert the fol- which such individual was enrolled at the fits under the Medicare program under title lowing: time— XVIII of the Social Security Act; or (i) in the case of any assistance eligible in- (ii) the earlier of— — Subtitle ll Continuous Health Coverage dividual described in subsection (c)(1), the (I) the date following the expiration of the for Workers qualifying event specified in section 603(2) of maximum period of continuation coverage SEC. 201. SHORT TITLE. the Employee Retirement Income Security required under the applicable COBRA con- This subtitle may be cited as the ‘‘Contin- Act of 1974, section 4980B(f)(3)(B) of the Inter- tinuation coverage provision; or uous Health Coverage for Workers Act’’. nal Revenue Code of 1986, section 2203(2) of (II) the date following the expiration of the SEC. 202. PRESERVING HEALTH BENEFITS FOR the Public Health Service Act, or section period of continuation coverage allowed WORKERS. 8905a of title 5, United States Code (except under subsection (d)(2)(B); (a) PROVISION OF PREMIUM ASSISTANCE.— for the voluntary termination of such indi- (B) any assistance eligible individual de- (1) REDUCTION OF PREMIUMS PAYABLE.— vidual’s employment by such individual), oc- scribed in subsection (c)(2) for months of (A) COBRA CONTINUATION COVERAGE.—In curred, and such coverage shall be treated as coverage beginning on or after the earlier the case of any premium for a period of cov- COBRA continuation coverage for purposes of— erage during the period beginning on the of the applicable COBRA continuation provi- (i) the first date that such individual is eli- first day of the first month that begins after sion; gible for coverage under any other group the date of enactment of this Act and ending (ii) in the case of an assistance eligible in- health plan (other than coverage consisting on December 31, 2020, for COBRA continu- dividual described in subsection (c)(2), the of only dental, vision, counseling, or referral ation coverage with respect to any assist- termination or reduction of hours of employ- services (or a combination thereof), coverage ance eligible individual described in sub- ment of such individual occurred; or under a flexible spending arrangement (as section (c)(1), such individual shall be treat- (iii) in the case of any assistance eligible defined in section 106(c)(2) of the Internal ed for purposes of any COBRA continuation individual described in subsection (c)(3), the Revenue Code of 1986), coverage of treatment provision as having paid the amount of such furlough period began with respect to such that is furnished in an on-site medical facil- premium if such individual pays (and any individual. ity maintained by the employer and that person other than such individual’s employer (B) REQUIREMENTS.—Any assistance eligi- consists primarily of first-aid services, pre- pays on behalf of such individual) the greater ble individual may elect to enroll in dif- vention and wellness care, or similar care (or

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.041 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4771

a combination thereof)), or eligible for bene- (1) IN GENERAL.—For purposes of applying premium assistance with respect to an as- fits under the Medicare program under title section 605(a) of the Employee Retirement sistance eligible individual under this sec- XVIII of the Social Security Act; or Income Security Act of 1974, section tion shall not be considered income, in-kind (ii) the first date on which the church plan 4980B(f)(5)(A) of the Internal Revenue Code of support, or resources for purposes of deter- is no longer available to such individual; or 1986, section 2205(a) of the Public Health mining the eligibility of the recipient (or the (C) any assistance eligible individual de- Service Act, and section 8905a(c)(2) of title 5, recipient’s spouse or family) for benefits or scribed in paragraph (3)(C) for months of cov- United States Code, in the case of— assistance, or the amount or extent of bene- erage beginning on or after the earlier of— (A) an individual who does not have an fits or assistance, or any other benefit pro- (i) the first date that such individual is eli- election of COBRA continuation coverage in vided under any Federal program or any pro- gible for coverage under any other group effect on the date of the enactment of this gram of a State or political subdivision health plan (other than coverage consisting Act but who would be an assistance eligible thereof financed in whole or in part with of only dental, vision, counseling, or referral individual described in subsection (c)(1) if Federal funds. services (or a combination thereof), coverage such election were so in effect; or (g) COBRA-SPECIFIC NOTICE.— under a flexible spending arrangement (as (B) an individual who elected COBRA con- (1) GENERAL NOTICE.— defined in section 106(c)(2) of the Internal tinuation coverage on or after March 1, 2020, (A) IN GENERAL.—In the case of notices pro- Revenue Code of 1986), coverage of treatment and discontinued from such coverage before vided under section 606(a)(4) of the Employee that is furnished in an on-site medical facil- the date of the enactment of this Act, Retirement Income Security Act of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of the ity maintained by the employer and that such individual may elect the COBRA con- Internal Revenue Code of 1986, section 2206(4) consists primarily of first-aid services, pre- tinuation coverage under the COBRA con- of the Public Health Service Act (42 U.S.C. vention and wellness care, or similar care (or tinuation coverage provisions containing 300bb–6(4)), or section 8905a(f)(2)(A) of title 5, a combination thereof)), or eligible for bene- such provisions during the period beginning United States Code, with respect to individ- fits under the Medicare program under title on the date of the enactment of this Act and uals who, during the period described in sub- XVIII of the Social Security Act; or ending 60 days after the date on which the section (c), become entitled to elect COBRA (ii) the first date that such individual is no notification required under subsection (g)(3) continuation coverage, the requirements of longer in the furlough period. is provided to such individual. such provisions shall not be treated as met (2) NOTIFICATION REQUIREMENT.—Any as- (2) COMMENCEMENT OF COBRA CONTINUATION unless such notices include an additional no- sistance eligible individual shall notify the COVERAGE.—Any COBRA continuation cov- group health plan with respect to which sub- tification to the recipient, in writing, in erage elected by a qualified beneficiary dur- clear and understandable language of— section (a)(1) applies if such paragraph ing an extended election period under para- ceases to apply by reason of subparagraph (i) the availability of premium assistance graph (1)— with respect to such coverage under this sec- (A)(i), (B)(i), or (C)(i) of paragraph (1) (as ap- (A) shall apply as if such qualified bene- plicable). Such notice shall be provided to tion; and ficiary had been covered as of the date of a (ii) the option to enroll in different cov- the group health plan in such time and man- qualifying event specified in section 603(2) of ner as may be specified by the Secretary of erage if the employer permits assistance eli- the Employee Retirement Income Security gible individuals described in subsection Labor. Act of 1974, section 4980B(f)(3)(B) of the Inter- (3) SPECIAL ENROLLMENT PERIOD FOLLOWING (c)(1) to elect enrollment in different cov- nal Revenue Code of 1986, section 2203(2) of erage (as described in subsection (a)(2)). EXPIRATION OF PREMIUM ASSISTANCE.—Not- the Public Health Service Act, or section withstanding section 1311 of the Patient Pro- (B) ALTERNATIVE NOTICE.—In the case of 8905a of title 5, United States Code, except COBRA continuation coverage to which the tection and Affordable Care Act (42 U.S.C. for the voluntary termination of such bene- 18031), the expiration of premium assistance notice provision under such sections does not ficiary’s employment by such beneficiary, apply, the Secretary of Labor, in consulta- pursuant to a limitation specified under that occurs no earlier than March 1, 2020 (in- paragraph (1) shall be treated as a qualifying tion with the Secretary of the Treasury and cluding the treatment of premium payments the Secretary of Health and Human Services, event for which any assistance eligible indi- under subsection (a)(1) and any cost-sharing vidual is eligible to enroll in a qualified shall, in consultation with administrators of requirements for items and services under a the group health plans (or other entities) health plan offered through an Exchange group health plan); and under title I of such Act (42 U.S.C. 18001 et that provide or administer the COBRA con- (B) shall not extend beyond the period of tinuation coverage involved, provide rules seq.) during a special enrollment period. COBRA continuation coverage that would (c) ASSISTANCE ELIGIBLE INDIVIDUAL.—For requiring the provision of such notice. have been required under the applicable purposes of this section, the term ‘‘assist- (C) FORM.—The requirement of the addi- COBRA continuation coverage provision if ance eligible individual’’ means, with respect tional notification under this paragraph may the coverage had been elected as required to a period of coverage during the period be- be met by amendment of existing notice ginning on the first day of the first month under such provision. forms or by inclusion of a separate document (e) EXPEDITED REVIEW OF DENIALS OF PRE- that begins after the date of enactment of with the notice otherwise required. MIUM ASSISTANCE.—In any case in which an this Act and ending on December 31, 2020— (2) SPECIFIC REQUIREMENTS.—Each addi- individual requests treatment as an assist- (1) any individual that is a qualified bene- tional notification under paragraph (1) shall ance eligible individual described in para- include— ficiary that— graph (1), (2), or (3) of subsection (c) and is (A) the forms necessary for establishing (A) is eligible for COBRA continuation cov- denied such treatment by the group health eligibility for premium assistance under this erage by reason of a qualifying event speci- plan, the Secretary of Labor (or the Sec- section; fied in section 603(2) of the Employee Retire- retary of Health and Human Services in con- (B) the name, address, and telephone num- ment Income Security Act of 1974, section nection with COBRA continuation coverage 4980B(f)(3)(B) of the Internal Revenue Code of or a church plan which is provided other ber necessary to contact the plan adminis- 1986, section 2203(2) of the Public Health than pursuant to part 6 of subtitle B of title trator and any other person maintaining rel- Service Act, or section 8905a of title 5, I of the Employee Retirement Income Secu- evant information in connection with such United States Code (except for the voluntary rity Act of 1974), in consultation with the premium assistance; termination of such individual’s employment Secretary of the Treasury, shall provide for (C) a description of the extended election by such individual); and expedited review of such denial. An indi- period provided for in subsection (d)(1); (B) elects such coverage; vidual shall be entitled to such review upon (D) a description of the obligation of the (2) any individual who— application to such Secretary in such form qualified beneficiary under subsection (b)(2) (A) is terminated from (other than by rea- and manner as shall be provided by such Sec- and the penalty provided under section 6720C son of such employee’s gross misconduct or retary, in consultation with the Secretary of of the Internal Revenue Code of 1986 for fail- voluntary termination), or is subject to a re- Treasury. Such Secretary shall make a de- ure to carry out the obligation; duction in hours with respect to, employ- termination regarding such individual’s eli- (E) a description, displayed in a prominent ment with an employer who offers a church gibility within 15 business days after receipt manner, of the qualified beneficiary’s right plan, if the employer voluntarily offers cov- of such individual’s application for review to a reduced premium and any conditions on erage under such plan to such individual under this subsection. Either Secretary’s de- entitlement to the reduced premium; after the termination or reduction of hours, termination upon review of the denial shall (F) a description of the option of the quali- or is a beneficiary of such an individual who be de novo and shall be the final determina- fied beneficiary to enroll in different cov- is terminated or subject to a reduction of tion of such Secretary. A reviewing court erage if the employer permits such bene- hours, if the employer voluntarily offers cov- shall grant deference to such Secretary’s de- ficiary to elect to enroll in such different erage under such plan to such beneficiary; termination. The provisions of this sub- coverage under subsection (a)(2); and and section, subsections (a) through (e), and sub- (G) information regarding any Exchange (B) elects such coverage; or sections (g) through (i) shall be treated as established under title I of the Patient Pro- (3) any covered employee that is in a fur- provisions of title I of the Employee Retire- tection and Affordable Care Act (42 U.S.C. lough period that remains eligible for cov- ment Income Security Act of 1974 for pur- 18001 et seq.) through which a qualified bene- erage under a group health plan offered by poses of part 5 of subtitle B of such title. ficiary may be eligible to enroll in a quali- the employer of such covered employee. (f) DISREGARD OF SUBSIDIES FOR PURPOSES fied health plan, including— (d) EXTENSION OF ELECTION PERIOD AND EF- OF FEDERAL AND STATE PROGRAMS.—Not- (i) the publicly accessible internet website FECT ON COVERAGE.— withstanding any other provision of law, any address for such Exchange;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.041 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4772 CONGRESSIONAL RECORD — SENATE August 4, 2020 (ii) the publicly accessible internet website (B) in the case of any additional notifica- (i) COBRA continuation coverage; or address for the Find Local Help directory tion provided pursuant to paragraph (1) (ii) coverage under a group health plan; maintained by the Department of Health and under section 8905a(f)(2)(A) of title 5, United (C) that the expiration of premium assist- Human Services on the healthcare.gov inter- States Code, the Office of Personnel Manage- ance is treated as a qualifying event for net website (or a successor website); ment shall prescribe a model for such addi- which any assistance eligible individual is (iii) a clear explanation that— tional notification. eligible to enroll in a qualified health plan (I) an individual who is eligible for con- (h) FURLOUGH-SPECIFIC NOTICE.— offered through an Exchange under title I of tinuation coverage may also be eligible to (1) IN GENERAL.—With respect to any as- such Act (42 U.S.C. 18001 et seq.) during a enroll, with financial assistance, in a quali- sistance eligible individual described in sub- special enrollment period; and fied health plan offered through such Ex- section (c)(3) who, during the period de- (D) the information specified in subsection change, but, in the case that such individual scribed in such paragraph, becomes eligible (g)(2)(G). elects to enroll in such continuation cov- for assistance pursuant to subsection (2) EXCEPTION.—The requirement for the erage and subsequently elects to terminate (a)(1)(C), the requirements of section 606(a)(4) group health plan administrator to provide such continuation coverage before the period of the Employee Retirement Income Secu- the written notice under paragraph (1) shall of such continuation coverage expires, such rity Act of 1974 (29 U.S.C. 1166(4)), section be waived in the case the premium assist- 4980B(f)(6)(D) of the Internal Revenue Code of termination does not initiate a special en- ance for such individual expires pursuant to 1986, section 2206(4) of the Public Health rollment period (absent a qualifying event subparagraph (A)(i) or (C)(i) of subsection Service Act (42 U.S.C. 300bb–6(4)), or section specified in section 603(2) of the Employee (b)(1). 8905a(f)(2)(A) of title 5, United States Code, Retirement Income Security Act of 1974, sec- (3) PERIOD SPECIFIED.—For purposes of shall not be treated as met unless the group tion 4980B(f)(3)(B) of the Internal Revenue health plan administrator, in accordance paragraph (1), the period specified in this Code of 1986, section 2203(2) of the Public with the timing requirement specified under paragraph is, with respect to the date of ex- Health Service Act, or section 8905a of title paragraph (2), provides to the individual a piration of premium assistance for any as- 5, United States Code, with respect to such written notice in clear and understandable sistance eligible individual pursuant to a individual); and language of— limitation requiring a notice under this sub- (II) an individual who elects to enroll in (A) the availability of premium assistance section, the period beginning on the day that continuation coverage will remain eligible to with respect to such coverage under this sec- is 45 days before the date of such expiration enroll in a qualified health plan offered tion; and ending on the day that is 15 days before through such Exchange during an open en- (B) the option of the qualified beneficiary the date of such expiration. rollment period and may be eligible for fi- to enroll in different coverage if the em- (4) MODEL NOTICES.—Not later than 30 days nancial assistance with respect to enrolling ployer permits such beneficiary to elect to after the date of enactment of this Act, with in such a qualified health plan; enroll in such different coverage under sub- respect to any assistance eligible indi- (iv) information on consumer protections section (a)(2); and vidual— with respect to enrolling in a qualified (C) the information specified under sub- (A) the Secretary of Labor, in consultation health plan offered through such Exchange, section (g)(2) (as applicable). with the Secretary of the Treasury and the including the requirement for such a quali- (2) TIMING SPECIFIED.—For purposes of Secretary of Health and Human Services, fied health plan to provide coverage for es- paragraph (1), the timing requirement speci- shall prescribe models for the notification sential health benefits (as defined in section fied in this paragraph is— required under this subsection (other than 1302(b) of such Act (42 U.S.C. 18022(b))) and (A) with respect to such an individual who the notification described in subparagraph the requirements applicable to such a quali- is within a furlough period during the period (B)); and fied health plan under part A of title XXVII beginning on March 1, 2020, and ending on (B) in the case of any notification provided of the Public Health Service Act (42 U.S.C. the date of the enactment of this Act, 30 pursuant to paragraph (1) under section 300gg et seq.); days after the date of such enactment; and 8905a(f)(2)(A) of title 5, United States Code, (v) information on the availability of fi- (B) with respect to such an individual who the Office of Personnel Management shall nancial assistance with respect to enrolling is within a furlough period during the period prescribe a model for such notification. in a qualified health plan, including the beginning on the first day after the date of (j) REGULATIONS.—The Secretary of the maximum income limit for eligibility for the the enactment of this Act and ending on De- Treasury and the Secretary of Labor may premium tax credit under section 36B of the cember 31, 2020, 30 days after the date of the jointly prescribe such regulations or other Internal Revenue Code of 1986; and beginning of such furlough period. guidance as may be necessary or appropriate (vi) information on any special enrollment (3) MODEL NOTICES.—Not later than 30 days periods during which any assistance eligible after the date of enactment of this Act, with to carry out the provisions of this section, individual described in subsection (c)(1)(A) respect to any assistance eligible individual including the prevention of fraud and abuse may be eligible to enroll, with financial as- described in subsection (c)(3)— under this section, except that the Secretary sistance, in a qualified health plan offered (A) the Secretary of Labor, in consultation of Labor and the Secretary of Health and through such Exchange (including a special with the Secretary of the Treasury and the Human Services may prescribe such regula- enrollment period for which an individual Secretary of Health and Human Services, tions (including interim final regulations) or may be eligible due to the expiration of pre- shall prescribe models for the notification other guidance as may be necessary or ap- mium assistance pursuant to a limitation required under this paragraph (other than propriate to carry out the provisions of sub- specified under subsection (b)(1)); and the notification described in subparagraph sections (e), (g), (h), (i), and (k). (H) information regarding compliance with (B)); and the requirements of subsection (n). (B) in the case of any notification provided (k) OUTREACH.— (3) NOTICE IN CONNECTION WITH EXTENDED pursuant to paragraph (1) under section (1) IN GENERAL.—The Secretary of Labor, in ELECTION PERIODS.—In the case of any assist- 8905a(f)(2)(A) of title 5, United States Code, consultation with the Secretary of the ance eligible individual described in sub- the Office of Personnel Management shall Treasury and the Secretary of Health and section (c)(1) (or any individual described in prescribe a model for such notification. Human Services, shall provide outreach con- subsection (d)(1)) who became entitled to (i) NOTICE OF EXPIRATION OF PERIOD OF sisting of public education and enrollment elect COBRA continuation coverage before PREMIUM ASSISTANCE.— assistance relating to premium assistance the date of the enactment of this Act, the (1) IN GENERAL.—With respect to any as- provided under this section. Such outreach administrator of the applicable group health sistance eligible individual (as applicable), shall target employers, group health plan ad- plan (or other entity) shall provide (within 60 subject to paragraph (2), the requirements of ministrators, public assistance programs, days after the date of enactment of this Act) section 606(a)(4) of the Employee Retirement States, insurers, and other entities as deter- for the additional notification required to be Income Security Act of 1974 (29 U.S.C. mined appropriate by such Secretaries. Such provided under paragraph (1) and failure to 1166(4)), section 4980B(f)(6)(D) of the Internal outreach shall include an initial focus on provide such notice shall be treated as a fail- Revenue Code of 1986, section 2206(4) of the those individuals electing continuation cov- ure to meet the notice requirements under Public Health Service Act (42 U.S.C. 300bb– erage who are referred to in subsection (g)(3). the applicable COBRA continuation provi- 6(4)), or section 8905a(f)(2)(A) of title 5, Information on such premium assistance, in- sion. United States Code, shall not be treated as cluding enrollment, shall also be made avail- (4) MODEL NOTICES.—Not later than 30 days met unless the employer of the individual, able on websites of the Departments of after the date of enactment of this Act, with during the period specified under paragraph Labor, Treasury, and Health and Human respect to any assistance eligible individual (3), provides to such individual a written no- Services. described in subsection (c)(1)— tice in clear and understandable language— (2) ENROLLMENT UNDER MEDICARE.—The (A) the Secretary of Labor, in consultation (A) that the premium assistance for such Secretary of Health and Human Services with the Secretary of the Treasury and the individual will expire soon and the promi- shall provide outreach consisting of public Secretary of Health and Human Services, nent identification of the date of such expi- education. Such outreach shall target indi- shall prescribe models for the additional no- ration; viduals who lose health insurance coverage. tification required under this paragraph (B) that such individual may be eligible for Such outreach shall include information re- (other than the additional notification de- coverage without any premium assistance garding enrollment for benefits under title scribed in subparagraph (B)); and through— XVIII of the Social Security Act (42 U.S.C.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.041 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4773 1395 et seq.) for purposes of preventing mis- vidual and an employer of such individual, of 1986, the Secretary of Labor and the Sec- taken delays of such enrollment by such in- the greater of— retary of the Treasury, respectively, may dividuals, including lifetime penalties for (i) such individual’s work hours in the not waive or extend any deadline with re- failure of timely enrollment. month prior (or in the case such individual spect to the provision of notices described in (l) DEFINITIONS.—For purposes of this sec- had no work hours in the month prior and subsections (g), (h), and (i). tion: had work hours in the 3 months prior, the SEC. 203. AMENDMENTS TO THE INTERNAL REV- (1) ADMINISTRATOR.—The term ‘‘adminis- last month with work hours within the prior ENUE CODE OF 1986. trator’’ has the meaning given such term in 3 months); and (a) COBRA PREMIUM ASSISTANCE.— section 3(16)(A) of the Employee Retirement (ii) such individual’s work hours during the (1) IN GENERAL.—Subchapter B of chapter Income Security Act of 1974. period beginning January 1, 2020, and ending 65 of the Internal Revenue Code of 1986 is January 31, 2020. (2) CHURCH PLAN.—The term ‘‘church plan’’ amended by adding at the end the following (m) REPORTS.— means a plan, as described in section 414(e) of new section: (1) INTERIM REPORT.—The Secretary of the the Internal Revenue Code of 1986, that pro- Treasury and the Secretary of Labor shall ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM vides medical care to employees or their de- ASSISTANCE. jointly submit an interim report to the Com- pendents. ‘‘(a) IN GENERAL.—The person to whom pre- mittee on Education and Labor, the Com- (3) COBRA CONTINUATION COVERAGE.—The miums are payable for continuation cov- mittee on Ways and Means, and the Com- term ‘‘COBRA continuation coverage’’ erage under section 202(a)(1) of the Contin- mittee on Energy and Commerce of the means continuation coverage provided pur- uous Health Coverage for Workers Act shall House of Representatives and the Committee suant to part 6 of subtitle B of title I of the on Health, Education, Labor, and Pensions be allowed as a credit against the tax im- Employee Retirement Income Security Act and the Committee on Finance of the Senate posed by section 3111(a), or so much of the of 1974 (other than under section 609), title regarding the premium assistance provided taxes imposed under section 3221(a) as are at- XXII of the Public Health Service Act, sec- under this section that includes— tributable to the rate in effect under section tion 4980B of the Internal Revenue Code of (A) the number of individuals provided 3111(a), for each calendar quarter an amount 1986 (other than subsection (f)(1) of such sec- such assistance as of the date of the report; equal to the premiums not paid by assistance tion insofar as it relates to pediatric vac- and eligible individuals for such coverage by rea- cines), or section 8905a of title 5, United (B) the total amount of expenditures in- son of such section 202(a)(1) with respect to States Code, or under a State program that curred (with administrative expenditures such calendar quarter. provides comparable continuation coverage. noted separately) in connection with such ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY- Such term does not include coverage under a assistance as of the date of the report. ABLE.—For purposes of subsection (a), except health flexible spending arrangement under (2) FINAL REPORT.—As soon as practicable as otherwise provided by the Secretary, the a cafeteria plan within the meaning of sec- after the last period of COBRA continuation person to whom premiums are payable under tion 125 of the Internal Revenue Code of 1986. coverage for which premium assistance is such continuation coverage shall be treated (4) COBRA CONTINUATION PROVISION.—The provided under this section, the Secretary of as being— term ‘‘COBRA continuation provision’’ the Treasury and the Secretary of Labor ‘‘(1) in the case of any group health plan means the provisions of law described in shall jointly submit a final report to each which is a multiemployer plan (as defined in paragraph (3). Committee referred to in paragraph (1) that section 3(37) of the Employee Retirement In- (5) COVERED EMPLOYEE.—The term ‘‘cov- includes— come Security Act of 1974), the plan, ered employee’’ has the meaning given such (A) the number of individuals provided pre- ‘‘(2) in the case of any group health plan term in section 607(2) of the Employee Re- mium assistance under this section; not described in paragraph (1)— tirement Income Security Act of 1974. (B) the average dollar amount (monthly ‘‘(A) which provides church plan continu- (6) QUALIFIED BENEFICIARY.—The term and annually) of premium assistance pro- ation coverage described in section ‘‘qualified beneficiary’’ has the meaning vided to such individuals; and 202(a)(1)(A)(ii), furlough continuation cov- given such term in section 607(3) of the Em- (C) the total amount of expenditures in- erage described in section 202(a)(1)(A)(iii) of ployee Retirement Income Security Act of curred (with administrative expenditures the Continuous Health Coverage for Workers 1974. noted separately) in connection with pre- Act or subject to the COBRA continuation (7) GROUP HEALTH PLAN.—The term ‘‘group mium assistance under this section. provisions contained in— health plan’’ has the meaning given such (n) LIMITATION.— ‘‘(i) this title, term in section 607(1) of the Employee Re- (1) IN GENERAL.—Notwithstanding section ‘‘(ii) the Employee Retirement Income Se- tirement Income Security Act of 1974. 602(1) of the Employee Retirement Income curity Act of 1974, (8) STATE.—The term ‘‘State’’ includes the Security Act of 1974 (29 U.S.C. 1162(1)) or any ‘‘(iii) the Public Health Service Act, or District of Columbia, the Commonwealth of other provision of part 6 of subtitle B of title ‘‘(iv) title 5, United States Code, or Puerto Rico, the Virgin Islands, Guam, I of such Act of 1974 (29 U.S.C. 1161 et seq.), ‘‘(B) under which some or all of the cov- American Samoa, and the Commonwealth of section 2202(1) of the Public Health Service erage is not provided by insurance, the Northern Mariana Islands. Act (42 U.S.C. 300bb–2) or any other provision the employer maintaining the plan, and (9) PERIOD OF COVERAGE.—Any reference in of such Act (42 U.S.C. 201 et seq.), section ‘‘(3) in the case of any group health plan this section to a period of coverage shall be 4980B(f)(2)(A) of the Internal Revenue Code of not described in paragraph (1) or (2), the in- treated as a reference to a monthly or short- 1986 or any other provision of such Code, sec- surer providing the coverage under the group er period of coverage with respect to which tion 8905a of title 5, United States Code, or health plan. premiums are charged with respect to such any provision of State law, in the case of ‘‘(c) LIMITATIONS AND REFUNDABILITY.— coverage. coverage described in subsection (a)(1) for an ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY- (10) PLAN SPONSOR.—The term ‘‘plan spon- assistance eligible individual— MENT TAXES.—The credit allowed by sub- sor’’ has the meaning given such term in sec- (A) such coverage shall exclude coverage of section (a) with respect to any calendar tion 3(16)(B) of the Employee Retirement In- an abortion (except to the extent described quarter shall not exceed the tax imposed by come Security Act of 1974. in section 507(a) of division A of Public Law section 3111(a), or so much of the taxes im- (11) FURLOUGH PERIOD.— 116–94) for any period of coverage beginning posed under section 3221(a) as are attrib- (A) IN GENERAL.—The term ‘‘furlough pe- on or after the date of enactment of this Act, utable to the rate in effect under section riod’’ means, with respect to an individual for which subsection (a)(1) applies to the in- 3111(a), for such calendar quarter (reduced by and an employer of such individual, a pe- dividual; and any credits allowed under subsections (e) and riod— (B) if such coverage would, but for the re- (f) of section 3111, sections 7001 and 7003 of (i) beginning with the first month begin- quirement under subparagraph (A), include the Families First Coronavirus Response ning on or after March 1, 2020, and before De- coverage of abortion (except to the extent Act, section 2301 of the CARES Act, and sec- cember 31, 2020, during which such individ- described in such subparagraph) for such in- tions 20204 and 20212 of the COVID–19 Tax Re- ual’s employer reduces such individual’s dividual, the coverage shall be modified for lief Act of 2020 for such quarter) on the wages work hours (due to a lack of work, funds, or such individual so that the coverage excludes paid with respect to the employment of all other nondisciplinary reason) to an amount abortion (except to the extent described in employees of the employer. that is less than 70 percent of the base month such subparagraph) for any period of cov- ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— amount; and erage as described in such subparagraph. ‘‘(A) CREDIT IS REFUNDABLE.—If the amount (ii) ending with the earlier of— (2) RULE OF CONSTRUCTION.—Nothing in this of the credit under subsection (a) exceeds the (I) the first month beginning after Decem- subtitle, or any amendment made by this limitation of paragraph (1) for any calendar ber 31, 2020; or subtitle, may be construed to require a quarter, such excess shall be treated as an (II) the month following the first month health plan, including any COBRA continu- overpayment that shall be refunded under during which work hours of such employee ation coverage, to provide coverage of any sections 6402(a) and 6413(b). are greater than 80 percent of work hours of abortion. ‘‘(B) CREDIT MAY BE ADVANCED.—In antici- the base month amount. (o) DEADLINES WITH RESPECT TO NOTICES.— pation of the credit, including the refundable (B) BASE MONTH AMOUNT.—For purposes of Notwithstanding section 518 of the Employee portion under subparagraph (A), the credit subparagraph (A), the term ‘‘base month Retirement Income Security Act of 1974 and may be advanced, according to forms and in- amount’’ means, with respect to an indi- section 7508A of the Internal Revenue Code structions provided by the Secretary, up to

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.041 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4774 CONGRESSIONAL RECORD — SENATE August 4, 2020 an amount calculated under subsection (a) ject to the limitations provided in this sec- ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY through the end of the most recent payroll tion, based on such information as the Sec- HEALTH PLAN OF CESSATION OF period in the quarter. retary shall require, ELIGIBILITY FOR CONTINUATION COVERAGE PREMIUM ASSISTANCE. ‘‘(C) TREATMENT OF DEPOSITS.—The Sec- ‘‘(4) to provide for the reconciliation of ‘‘(a) IN GENERAL.—Except in the case of retary shall waive any penalty under section such advance payment with the amount of 6656 for any failure to make a deposit of the failure described in subsection (b) or (c), any the credit at the time of filing the return of person required to notify a group health plan tax imposed by section 3111(a), or so much of tax for the applicable quarter or taxable the taxes imposed under section 3221(a) as under section 202(a)(2)(B) of the Continuous year, and Health Coverage for Workers Act who fails are attributable to the rate in effect under ‘‘(5) with respect to the application of the section 3111(a), if the Secretary determines to make such a notification at such time and credit to third party payors (including pro- in such manner as the Secretary of Labor that such failure was due to the anticipation fessional employer organizations, certified of the credit allowed under this section. may require shall pay a penalty of $250. professional employer organizations, or ‘‘(b) INTENTIONAL FAILURE.—In the case of ‘‘(D) TREATMENT OF PAYMENTS.—For pur- agents under section 3504). any such failure that is fraudulent, such per- poses of section 1324 of title 31, United States son shall pay a penalty equal to the greater Code, any amounts due to an employer under ‘‘(h) LIMITATION.—In the case of any period of— this paragraph shall be treated in the same of coverage (as defined in section 202(l) of the ‘‘(1) $250, or manner as a refund due from a credit provi- Continuous Health Coverage for Workers ‘‘(2) 110 percent of the premium assistance sion referred to in subsection (b)(2) of such Act) beginning on or after the date of enact- provided under section 202(a)(1)(A) of the section. ment of this section, no credit shall be al- Continuous Health Coverage for Workers Act ‘‘(3) LIMITATION ON REIMBURSEMENT FOR lowed under this section with respect to any after termination of eligibility under such CERTAIN EMPLOYEES.—In the case of an indi- coverage that includes coverage of an abor- section. vidual who for any month is an assistance el- tion (except as described in section 507(a) of ‘‘(c) REASONABLE CAUSE EXCEPTION.—No igible individual described in subparagraph penalty shall be imposed under this section (B) or (C) of section 202(a)(3) of the Contin- division A of Public Law 116–94).’’. with respect to any failure if it is shown that uous Health Coverage for Workers Act with (2) SOCIAL SECURITY TRUST FUNDS HELD such failure is due to reasonable cause and respect to any coverage, the credit deter- HARMLESS.—There are hereby appropriated not to willful neglect.’’. mined with respect to such individual under to the Federal Old-Age and Survivors Insur- (2) CLERICAL AMENDMENT.—The table of subsection (a) for any such month ending ance Trust Fund and the Federal Disability sections of part I of subchapter B of chapter during a calendar quarter shall not exceed Insurance Trust Fund established under sec- 68 of such Code is amended by adding at the the amount of premium the individual would tion 201 of the Social Security Act (42 U.S.C. end the following new item: have paid for a full month of such coverage 401) and the Social Security Equivalent Ben- for the month preceding the first month for efit Account established under section 15A(a) ‘‘Sec. 6720C. Penalty for failure to notify which an individual is such an assistance eli- of the Railroad Retirement Act of 1974 (45 health plan of cessation of eligible individual. U.S.C. 231n–1(a)) amounts equal to the reduc- gibility for continuation cov- ‘‘(d) GOVERNMENTAL ENTITIES.—For pur- tion in revenues to the Treasury by reason of erage premium assistance.’’. poses of this section, the term ‘person’ in- this subsection (without regard to this para- (c) COORDINATION WITH HCTC.— cludes any governmental entity or Indian graph). Amounts appropriated by the pre- (1) IN GENERAL.—Section 35(g)(9) of the In- tribal government (as defined in section ceding sentence shall be transferred from the ternal Revenue Code of 1986 is amended to 139E(c)(1)). general fund at such times and in such man- read as follows: ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur- ner as to replicate to the extent possible the ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- poses of chapter 1, the gross income of any transfers which would have occurred to such SISTANCE.—In the case of an assistance eligi- person allowed a credit under this section Trust Fund or Account had this section not ble individual who receives premium assist- shall be increased for the taxable year which been enacted. ance for continuation coverage under section includes the last day of any calendar quarter 202(a)(1) of the Continuous Health Coverage (3) CLERICAL AMENDMENT.—The table of with respect to which such credit is allowed sections for subchapter B of chapter 65 of the for Workers Act for any month during the by the amount of such credit. No amount for taxable year, such individual shall not be Internal Revenue Code of 1986 is amended by which a credit is allowed under this section treated as an eligible individual, a certified adding at the end the following new item: shall be taken into account as qualified individual, or a qualifying family member wages under section 2301 of the CARES Act ‘‘Sec. 6432. Continuation coverage premium for purposes of this section or section 7527 or as qualified health plan expenses under assistance.’’. with respect to such month.’’. section 7001(d) or 7003(d) of the Families (4) EFFECTIVE DATE.—The amendments (2) EFFECTIVE DATE.—The amendment First Coronavirus Response Act. made by this subsection shall apply to pre- made by paragraph (1) shall apply to taxable ‘‘(f) REPORTING.—Each person entitled to miums to which section 202(a)(1)(A) applies. years ending after the date of the enactment reimbursement under subsection (a) for any (5) SPECIAL RULE IN CASE OF EMPLOYEE PAY- of this Act. period shall submit such reports (at such MENT THAT IS NOT REQUIRED UNDER THIS SEC- (d) EXCLUSION OF CONTINUATION COVERAGE time and in such manner) as the Secretary TION.— PREMIUM ASSISTANCE FROM GROSS INCOME.— may require, including— (1) IN GENERAL.—Part III of subchapter B of ‘‘(1) an attestation of involuntary termi- (A) IN GENERAL.—In the case of an assistance eligible individual who pays, with re- chapter 1 of the Internal Revenue Code of nation of employment, reduction of hours, or 1986 is amended by inserting after section furloughing, for each assistance eligible indi- spect any period of coverage to which section 202(a)(1)(A) applies, the amount of the pre- 139H the following new section: vidual on the basis of whose termination, re- ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM duction of hours, or furloughing entitlement mium for such coverage that the individual would have (but for this subtitle) been re- ASSISTANCE. to reimbursement is claimed under sub- ‘‘In the case of an assistance eligible indi- quired to pay, the person to whom such pay- section (a), vidual (as defined in subsection (a)(3) of sec- ment is payable shall reimburse such indi- ‘‘(2) a report of the amount of payroll taxes tion 202 of the Continuous Health Coverage vidual for the amount of such premium paid. offset under subsection (a) for the reporting for Workers Act), gross income does not in- (B) CREDIT OF REIMBURSEMENT.—A person period, and clude any premium assistance provided to which subparagraph (A) applies shall be ‘‘(3) a report containing the TINs of all under subsection (a)(1) of such section.’’. allowed a credit in the manner provided covered employees, the amount of subsidy (2) CLERICAL AMENDMENT.—The table of reimbursed with respect to each employee, under section 6432 of the Internal Revenue sections for part III of subchapter B of chap- and a designation with respect to each em- Code of 1986 for any payment made to the ter 1 of such Code is amended by inserting ployee as to whether the subsidy reimburse- employee under such subparagraph. after the item relating to section 139H the ment is for coverage of 1 individual or 2 or (C) PAYMENT OF CREDITS.—Any person to following new item: more individuals. which subparagraph (A) applies shall make ‘‘Sec. 139I. Continuation coverage premium ‘‘(g) REGULATIONS.—The Secretary shall the payment required under such clause to assistance.’’. issue such regulations or other guidance as the individual not later than 60 days after (3) EFFECTIVE DATE.—The amendments may be necessary or appropriate to carry out the date on which such individual elects con- made by this subsection shall apply to tax- this section, including— tinuation coverage under section 202(a)(1) of ‘‘(1) the requirement to report information able years ending after the date of the enact- the Continuous Health Coverage for Workers ment of this Act. or the establishment of other methods for Act. verifying the correct amounts of reimburse- SEC. 204. RULE OF CONSTRUCTION. ments under this section, (b) PENALTY FOR FAILURE TO NOTIFY In all matters of interpretation, rules, and ‘‘(2) the application of this section to group HEALTH PLAN OF CESSATION OF ELIGIBILITY operational procedures, the language of this health plans that are multiemployer plans FOR PREMIUM ASSISTANCE.— subtitle shall be interpreted broadly for the (as defined in section 3(37) of the Employee (1) IN GENERAL.—Part I of subchapter B of benefit of workers and their families. Retirement Income Security Act of 1974), chapter 68 of the Internal Revenue Code of ‘‘(3) to allow the advance payment of the 1986 is amended by adding at the end the fol- SA 2516. Ms. MCSALLY submitted an credit determined under subsection (a), sub- lowing new section: amendment intended to be proposed by

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.041 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4775 her to the bill S. 178, to condemn gross tion Program and Health Care Enhancement tories according to the formula that applied human rights violations of ethnic Act (Public Law 116–139) and submit such up- to the Public Health Emergency Prepared- Turkic Muslims in Xinjiang, and call- dates to the Secretary not later than 60 days ness cooperative agreement in fiscal year ing for an end to arbitrary detention, after funds appropriated in this paragraph in 2019: Provided further, That not less than this Act have been awarded to such recipi- $500,000,000 shall be allocated in coordination torture, and harassment of these com- ent: Provided further, That funds an entity with the Director of the Indian Health Serv- munities inside and outside China; receives from amounts described in the first ice, to tribes, tribal organizations, urban In- which was ordered to lie on the table; proviso in this paragraph may also be used dian health organizations, or health service as follows: for the rent, lease, purchase, acquisition, providers to tribes: Provided further, That the At the appropriate place, insert the fol- construction, alteration, renovation, or Secretary of Health and Human Services (re- lowing: equipping of non-federally owned facilities to ferred to in this paragraph as the ‘‘Sec- retary’’) may satisfy the funding thresholds TITLE ll— improve coronavirus preparedness and response capability at the State and local outlined in the first and third provisos under DEPARTMENT OF HEALTH AND HUMAN level: Provided further, That such amount is this paragraph in this Act by making awards SERVICES designated by the Congress as being for an through other grant or cooperative agree- OFFICE OF THE SECRETARY emergency requirement pursuant to section ment mechanisms: Provided further, That the PUBLIC HEALTH AND SOCIAL SERVICES 251(b)(2)(A)(i) of the Balanced Budget and Governor or designee of each State, locality, EMERGENCY FUND Emergency Deficit Control Act of 1985. territory, tribe, or tribal organization re- (INCLUDING TRANSFER OF FUNDS) ceiving funds pursuant to this title shall update their plans, as applicable, for COVID–19 For an additional amount for ‘‘Public SA 2517. Ms. MCSALLY submitted an testing and contact tracing submitted to the Health and Social Services Emergency amendment intended to be proposed to Secretary pursuant to the Paycheck Protec- Fund’’, $16,000,000,000, to remain available amendment SA 2499 proposed by Mr. tion Program and Health Care Enhancement until expended, to prevent, prepare for, and MCCONNELL to the bill S. 178, to con- Act (Public Law 116–139) and submit such up- respond to coronavirus, domestically or demn gross human rights violations of dates to the Secretary not later than 60 days internationally, which shall be for necessary ethnic Turkic Muslims in Xinjiang, and after funds appropriated in this paragraph in expenses for testing, contact tracing, sur- calling for an end to arbitrary deten- this Act have been awarded to such recipi- veillance, containment, and mitigation to tion, torture, and harassment of these ent: Provided further, That funds an entity monitor and suppress COVID–19, including receives from amounts described in the first tests for both active infection and prior ex- communities inside and outside China; proviso in this paragraph may also be used posure, including molecular, antigen, and se- which was ordered to lie on the table; for the rent, lease, purchase, acquisition, rological tests, the manufacturing, procure- as follows: construction, alteration, renovation, or ment and distribution of tests, testing equip- At the appropriate place, insert the fol- equipping of non-federally owned facilities to ment and testing supplies, including per- lowing: improve coronavirus preparedness and re- sonal protective equipment needed for ad- TITLE ll— sponse capability at the State and local ministering tests, the development and vali- DEPARTMENT OF HEALTH AND HUMAN level: Provided further, That such amount is dation of rapid, molecular point-of-care SERVICES designated by the Congress as being for an tests, and other tests, support for workforce, OFFICE OF THE SECRETARY emergency requirement pursuant to section epidemiology, to scale up academic, commer- 251(b)(2)(A)(i) of the Balanced Budget and cial, public health, and hospital laboratories, PUBLIC HEALTH AND SOCIAL SERVICES Emergency Deficit Control Act of 1985. to conduct surveillance and contact tracing, EMERGENCY FUND (INCLUDING TRANSFER OF FUNDS) support development of COVID–19 testing SA 2518. Mr. BLUNT (for himself, plans, and other related activities related to For an additional amount for ‘‘Public Mrs. CAPITO, and Mrs. HYDE-SMITH) COVID–19 testing: Provided, That of the Health and Social Services Emergency amount appropriated under this paragraph in Fund’’, $16,000,000,000, to remain available submitted an amendment intended to this Act, not less than $15,000,000,000 shall be until expended, to prevent, prepare for, and be proposed by him to the bill S. 178, to for States, localities, territories, tribes, trib- respond to coronavirus, domestically or condemn gross human rights violations al organizations, urban Indian health organi- internationally, which shall be for necessary of ethnic Turkic Muslims in Xinjiang, zations, or health service providers to tribes expenses for testing, contact tracing, sur- and calling for an end to arbitrary de- for necessary expenses for testing, contact veillance, containment, and mitigation to tention, torture, and harassment of tracing, surveillance, containment, and miti- monitor and suppress COVID–19, including these communities inside and outside gation, including support for workforce, epi- tests for both active infection and prior ex- China; which was ordered to lie on the demiology, use by employers, elementary posure, including molecular, antigen, and se- and secondary schools, child care facilities, rological tests, the manufacturing, procure- table; as follows: institutions of higher education, long-term ment and distribution of tests, testing equip- At the appropriate place, insert the fol- care facilities, or in other settings, scale up ment and testing supplies, including per- lowing: of testing by public health, academic, com- sonal protective equipment needed for ad- DEPARTMENT OF HEALTH AND HUMAN mercial, and hospital laboratories, and com- ministering tests, the development and vali- SERVICES munity-based testing sites, health care fa- dation of rapid, molecular point-of-care NATIONAL INSTITUTES OF HEALTH cilities, and other entities engaged in tests, and other tests, support for workforce, NATIONAL HEART, LUNG, AND BLOOD INSTITUTE COVID–19 testing, and other related activi- epidemiology, to scale up academic, commer- For an additional amount for ‘‘National ties related to COVID–19 testing, contact cial, public health, and hospital laboratories, Heart, Lung, and Blood Institute’’, tracing, surveillance, containment, and miti- to conduct surveillance and contact tracing, $290,000,000, to remain available until Sep- gation: Provided further, That the amount support development of COVID–19 testing tember 30, 2024, to prevent, prepare for, and identified in the preceding proviso shall be plans, and other related activities related to respond to coronavirus, domestically or allocated to States, localities, and terri- COVID–19 testing: Provided, That of the internationally: Provided, That such amount tories according to the formula that applied amount appropriated under this paragraph in is designated by the Congress as being for an to the Public Health Emergency Prepared- this Act, not less than $15,000,000,000 shall be emergency requirement pursuant to section ness cooperative agreement in fiscal year for States, localities, territories, tribes, trib- 251(b)(2)(A)(i) of the Balanced Budget and 2019: Provided further, That not less than al organizations, urban Indian health organi- Emergency Deficit Control Act of 1985. $500,000,000 shall be allocated in coordination zations, or health service providers to tribes NATIONAL INSTITUTE OF DIABETES AND with the Director of the Indian Health Serv- for necessary expenses for testing, contact DIGESTIVE AND KIDNEY DISEASES ice, to tribes, tribal organizations, urban In- tracing, surveillance, containment, and miti- dian health organizations, or health service gation, including support for workforce, epi- For an additional amount for ‘‘National In- providers to tribes: Provided further, That the demiology, use by employers, elementary stitute of Diabetes and Digestive and Kidney Secretary of Health and Human Services (re- and secondary schools, child care facilities, Diseases’’, $200,000,000, to remain available ferred to in this paragraph as the ‘‘Sec- institutions of higher education, long-term until September 30, 2024, to prevent, prepare retary’’) may satisfy the funding thresholds care facilities, or in other settings, scale up for, and respond to coronavirus, domestically outlined in the first and third provisos under of testing by public health, academic, com- or internationally: Provided, That such this paragraph in this Act by making awards mercial, and hospital laboratories, and com- amount is designated by the Congress as through other grant or cooperative agree- munity-based testing sites, health care fa- being for an emergency requirement pursu- ment mechanisms: Provided further, That the cilities, and other entities engaged in ant to section 251(b)(2)(A)(i) of the Balanced Governor or designee of each State, locality, COVID–19 testing, and other related activi- Budget and Emergency Deficit Control Act territory, tribe, or tribal organization re- ties related to COVID–19 testing, contact of 1985. ceiving funds pursuant to this title shall up- tracing, surveillance, containment, and miti- NATIONAL INSTITUTE OF ALLERGY AND date their plans, as applicable, for COVID–19 gation: Provided further, That the amount INFECTIOUS DISEASES testing and contact tracing submitted to the identified in the preceding proviso shall be For an additional amount for ‘‘National In- Secretary pursuant to the Paycheck Protec- allocated to States, localities, and terri- stitute of Allergy and Infectious Diseases’’,

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.047 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4776 CONGRESSIONAL RECORD — SENATE August 4, 2020 $480,555,000, to remain available until Sep- partnership: Provided further, that no less linked to coronavirus: Provided further, That tember 30, 2024, to prevent, prepare for, and than $240,000,000 of the amount provided products purchased with funds appropriated respond to coronavirus, domestically or under this heading in this Act shall be for under this paragraph in this Act may, at the internationally: Provided, That $55,000,000 supplements to existing research training discretion of the Secretary of Health and shall be for Regional Biocontainment Lab- awards for extensions and other costs: Pro- Human Services, be deposited in the Stra- oratories: Provided further, That funding provided further, That funds available under this tegic National Stockpile under section 319F– vided in the previous proviso shall be divided heading in this Act may be transferred to 2 of the Public Health Service Act: Provided evenly among the eleven laboratories: Pro- the accounts of Institutes and Centers of the further, That funds appropriated under this vided further, That such amount is des- NIH: Provided further, That this transfer au- paragraph in this Act may be transferred to, ignated by the Congress as being for an thority is in addition to any other transfer and merged with, the fund authorized by sec- emergency requirement pursuant to section authority available to the NIH: Provided fur- tion 319F–4, the Covered Counter measure 251(b)(2)(A)(i) of the Balanced Budget and ther, That such amount is designated by the Process Fund, of the Public Health Service Emergency Deficit Control Act of 1985. Congress as being for an emergency require- Act: Provided further, That of the amount ap- EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE ment pursuant to section 251(b)(2)(A)(i) of propriated under this paragraph in this Act, $20,000,000,000 shall be available to the Bio- OF CHILD HEALTH AND HUMAN DEVELOPMENT the Balanced Budget and Emergency Deficit Control Act of 1985. medical Advanced Research and Develop- For an additional amount for ‘‘Eunice Ken- ment Authority for necessary expenses of nedy Shriver National Institute of Child Mr. BLUNT (for himself and manufacturing, production, and purchase, at Health and Human Development’’, SA 2519. Mr. DAINES) submitted an amendment the discretion of the Secretary, of vaccines, $172,680,000, to remain available until Sep- therapeutics, diagnostics, and small mol- tember 30, 2024, to prevent, prepare for, and intended to be proposed by him to the bill S. 178, to condemn gross human ecule active pharmaceutical ingredients, in- respond to coronavirus, domestically or cluding the development, translation, and internationally: Provided, That such amount rights violations of ethnic Turkic Mus- demonstration at scale of innovations in is designated by the Congress as being for an lims in Xinjiang, and calling for an end manufacturing platforms: Provided further, emergency requirement pursuant to section to arbitrary detention, torture, and That funds in the previous proviso may be 251(b)(2)(A)(i) of the Balanced Budget and harassment of these communities in- used for the construction or renovation of Emergency Deficit Control Act of 1985. side and outside China; which was or- U.S.-based next generation manufacturing NATIONAL INSTITUTE OF MENTAL HEALTH dered to lie on the table; as follows: facilities, other than facilities owned by the United States Government: Provided further, For an additional amount for ‘‘National In- At the appropriate place, insert the fol- That of the amount provided under this stitute of Mental Health’’, $200,000,000, to re- lowing: main available until September 30, 2024, to heading in this Act, $6,000,000,000 shall be for prevent, prepare for, and respond to TITLE ll— activities to plan, prepare for, promote, dis- coronavirus, domestically or internation- DEPARTMENT OF HEALTH AND HUMAN tribute, administer, monitor, and track ally: Provided, That such amount is des- SERVICES coronavirus vaccines to ensure broad-based ignated by the Congress as being for an OFFICE OF THE SECRETARY distribution, access, and vaccine coverage: emergency requirement pursuant to section PUBLIC HEALTH AND SOCIAL SERVICES Provided further, That the Secretary shall co- 251(b)(2)(A)(i) of the Balanced Budget and EMERGENCY FUND ordinate funding and activities outlined in the previous proviso through the Director of Emergency Deficit Control Act of 1985. (INCLUDING TRANSFER OF FUNDS) CDC: Provided further, That the Secretary, NATIONAL INSTITUTE ON MINORITY HEALTH AND For an additional amount for ‘‘Public through the Director of CDC, shall report to HEALTH DISPARITIES Health and Social Services Emergency the Committees on Appropriations of the For an additional amount for ‘‘National In- Fund’’, $26,000,000,000, to remain available House of Representatives and the Senate stitute on Minority Health and Health Dis- until September 30, 2024, to prevent, prepare within 60 days of enactment of this Act on a parities’’, $64,334,000, to remain available for, and respond to coronavirus, domestically comprehensive coronavirus vaccine distribu- until September 30, 2024, to prevent, prepare or internationally, including the develop- tion strategy and spend plan that includes for, and respond to coronavirus, domestically ment of necessary countermeasures and vac- how existing infrastructure will be lever- or internationally: Provided, That such cines, prioritizing platform-based tech- aged, enhancements or new infrastructure amount is designated by the Congress as nologies with U.S.-based manufacturing ca- that may be built, considerations for moving being for an emergency requirement pursu- pabilities, the purchase of vaccines, thera- and storing vaccines, guidance for how ant to section 251(b)(2)(A)(i) of the Balanced peutics, diagnostics, necessary medical sup- States and health care providers should pre- Budget and Emergency Deficit Control Act plies, as well as medical surge capacity, ad- pare for, store, and administer vaccines, na- of 1985. dressing blood supply chain, workforce mod- tionwide vaccination targets, funding that NATIONAL CENTER FOR ADVANCING ernization, telehealth access and infrastruc- will be distributed to States, how an infor- TRANSLATIONAL SCIENCES ture, initial advanced manufacturing, novel mational campaign to both the public and For an additional amount for ‘‘National dispensing, enhancements to the U.S. Com- health care providers will be executed, and Center for Advancing Translational missioned Corps, and other preparedness and how the vaccine distribution plan will focus Sciences’’, $1,224,750,000, to remain available response activities: Provided, That funds ap- efforts on high risk, underserved, and minor- until September 30, 2024, to prevent, prepare propriated under this paragraph in this Act ity populations: Provided further, That such for, and respond to coronavirus, domestically may be used to develop and demonstrate in- plan shall be updated and provided to the or internationally: Provided, That such novations and enhancements to manufac- Committees on Appropriations of the House amount is designated by the Congress as turing platforms to support such capabili- of Representatives and the Senate 90 days being for an emergency requirement pursu- ties: Provided further, That the Secretary of after submission of the first plan: Provided ant to section 251(b)(2)(A)(i) of the Balanced Health and Human Services shall purchase further, That the Secretary shall notify the Budget and Emergency Deficit Control Act vaccines developed using funds made avail- Committees on Appropriations of the House of 1985. able under this paragraph in this Act to re- of Representatives and the Senate 2 days in spond to an outbreak or pandemic related to advance of any obligation in excess of OFFICE OF THE DIRECTOR coronavirus in quantities determined by the $50,000,000, including but not limited to con- (INCLUDING TRANSFER OF FUNDS) Secretary to be adequate to address the pub- tracts and interagency agreements, from For an additional amount for ‘‘Office of the lic health need: Provided further, That prod- funds provided in this paragraph in this Act: Director’’, $12,905,337,000, to remain available ucts purchased by the Federal government Provided further, That funds appropriated until September 30, 2024, to prevent, prepare with funds made available under this para- under this paragraph in this Act may be used for, and respond to coronavirus, domestically graph in this Act, including vaccines, thera- for the construction, alteration, or renova- or internationally: Provided, That not less peutics, and diagnostics, shall be purchased tion of non-federally owned facilities for the than $10,100,000,000 of the amount provided in accordance with Federal Acquisition Reg- production of vaccines, therapeutics, under this heading in this Act shall be for ulation guidance on fair and reasonable pric- diagnostics, and medical supplies where the offsetting the costs related to reductions in ing: Provided further, That the Secretary may Secretary determines that such a contract is lab productivity resulting from the take such measures authorized under current necessary to secure sufficient amounts of coronavirus pandemic or public health meas- law to ensure that vaccines, therapeutics, such supplies: Provided further, That the not ures related to the coronavirus pandemic: and diagnostics developed from funds pro- later than 30 days after enactment of this Provided further, That $1,325,337,000 of the vided in this title will be affordable in the Act, and every 30 days thereafter until funds amount provided under this heading in this commercial market: Provided further, That in are expended, the Secretary shall report to Act shall be to support additional scientific carrying out the previous proviso, the Sec- the Committees on Appropriations of the research or the programs and platforms that retary shall not take actions that delay the House of Representatives and the Senate on support research: Provided further, That development of such products: Provided fur- uses of funding for Operation Warp Speed, $1,240,000,000 of the amount provided under ther, That the Secretary shall ensure that detailing current obligations by Department this heading in this Act shall be provided to protections remain for individuals enrolled or Agency, or component thereof broken out accelerate the research and development of in group or individual health care coverage by the coronavirus supplemental appropria- therapeutic interventions and vaccines in with pre-existing conditions, including those tions Act that provided the source of funds:

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.047 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4777 Provided further, That the plan outlined in under the terms and conditions established the Secretary shall make supplemental ele- the previous proviso shall include funding by for funding provided under this heading in mentary and secondary school emergency re- contract, grant, or other transaction in ex- the CARES Act (Public Law 116–136). lief grants to each State educational agency cess of $20,000,000 with a notation of which (b) RESERVATIONS.—After carrying out sub- with an approved application under section Department or Agency, and component section (a), the Secretary shall reserve the 18003 of division B of the CARES Act (Public thereof is managing the contract: Provided remaining funds made available as follows: Law 116–136). The Secretary shall award further, That the Secretary shall enter into (1) 5 percent to carry out section ll12 of funds under this section to each State edu- an agreement with the National Academies this title. cational agency with an approved applica- of Sciences, Engineering, and Medicine (2) 67 percent to carry out section ll13 of tion within 15 calendar days of enactment of (‘‘Academies’’) to develop a decision frame- this title. this Act. work to assist domestic and global health (3) 28 percent to carry out section ll14 of (b) ALLOCATIONS TO STATES.—The amount authorities in planning an equitable dis- this title. of each grant under subsection (a) shall be tribution of coronavirus vaccines: Provided GOVERNOR’S EMERGENCY EDUCATION RELIEF allocated by the Secretary to each State in further, That the Academies, in developing FUND the same proportion as each State received under part A of title I of the ESEA of 1965 in the framework, shall consider equity criteria SEC. ll12. (a) GRANTS.—From funds re- the most recent fiscal year. which may include consideration of risk fac- served under section ll11(b)(1) of this title, tors related to health disparities and health (c) SUBGRANTS.—From the payment pro- the Secretary shall make supplemental vided by the Secretary under subsection (b), care access, underlying health conditions, Emergency Education Relief grants to the conditions faced by racial and ethnic minori- the State educational agency shall provide Governor of each State with an approved ap- services and assistance to local educational ties, individuals in higher-risk occupations, plication under section 18002 of division B of and first responders, geographic distribution agencies and non-public schools, consistent the CARES Act (Public Law 116–136). The with the provisions of this title relating to of the coronavirus, and vaccine hesitancy: Secretary shall award funds under this sec- the Department of Education. After carrying Provided further, That the Academies shall tion to the Governor of each State with an out the reservation of funds in section 15 provide recommendations on vaccine dis- ll approved application within 30 calendar days of this title, each State shall allocate not tribution to the Advisory Committee on Im- of enactment of this Act. less than 90 percent of the remaining grant munization Practices not later than Sep- (b) ALLOCATIONS.—The amount of each funds awarded to the State under this sec- tember 18, 2020: Provided further, That the grant under subsection (a) shall be allocated tion as subgrants to local educational agen- agreement shall provide for an ongoing as- by the Secretary to each State as follows: cies (including charter schools that are local sessment by the Academies of how vaccine (1) 60 percent on the basis of their relative educational agencies) in the State in propor- distribution meets equity criteria and rec- population of individuals aged 5 through 24. tion to the amount of funds such local edu- ommendations for how vaccine distribution (2) 40 percent on the basis of their relative cational agencies and charter schools that may better align with such criteria as appli- number of children counted under section are local educational agencies received under cable, which shall inform the Advisory Com- 1124(c) of the Elementary and Secondary part A of title I of the ESEA of 1965 in the mittee on Immunization Practices’s Education Act of 1965 (referred to under this most recent fiscal year. The state edu- prioritization recommendations and vaccine heading as ‘‘ESEA’’). cational agency shall make such subgrants distribution activities: Provided further, That (c) USES OF FUNDS.—Grant funds awarded to local educational agencies as follows— such amount is designated by the Congress under subsection (b) may be used to— (1) one-third of funds shall be awarded not as being for an emergency requirement pur- (1) provide emergency support through less than 15 calendar days after receiving an suant to section 251(b)(2)(A)(i) of the Bal- grants to local educational agencies that the award from the Secretary under this section; anced Budget and Emergency Deficit Control State educational agency deems have been and Act of 1985. most significantly impacted by coronavirus (2) the remaining two-thirds of funds shall to support the ability of such local edu- be awarded only after the local educational SA 2520. Mr. BLUNT (for himself and cational agencies to continue to provide edu- agency submits to the Governor and the Mr. ALEXANDER) submitted an amend- cational services to their students and to Governor approves a comprehensive school ment intended to be proposed by him support the on-going functionality of the reopening plan for the 2020–2021 school-year, to the bill S. 178, to condemn gross local educational agency; based on criteria determined by the Gov- human rights violations of ethnic (2) provide emergency support through ernor in consultation with the state edu- grants to institutions of higher education Turkic Muslims in Xinjiang, and call- cational agency (including criteria for the serving students within the State that the Governor to carry out subparagraph (A) ing for an end to arbitrary detention, Governor determines have been most signifi- torture, and harassment of these com- through (C)), that describes how the local cantly impacted by coronavirus to support educational agency will safely reopen munities inside and outside China; the ability of such institutions to continue schools with the physical presence of stu- which was ordered to lie on the table; to provide educational services and support dents, consistent with maintaining safe and as follows: the on-going functionality of the institution; continuous operations aligned with chal- and At the appropriate place, insert the fol- lenging state academic standards. The Gov- (3) provide support to any other institution lowing: ernor shall approve such plans within 30 days of higher education, local educational agen- TITLE ll— after the plan is submitted, subject to the recy, or education related entity within the quirements in subparagraphs (A) through DEPARTMENT OF EDUCATION State that the Governor deems essential for (C). EDUCATION STABILIZATION FUND carrying out emergency educational services (A) A local educational agency that pro- For an additional amount for ‘‘Education to students for authorized activities de- vides in-person instruction for at least 50 Stabilization Fund’’, $105,000,000,000, to re- scribed in section ll13(e) of this title, the percent of its students where the students main available through September 30, 2021, ESEA of 1965, the Higher Education Act of physically attend school no less than 50 per- to prevent, prepare for, and respond to 1965, the provision of child care and early cent of each school-week, as it was defined coronavirus, domestically or internation- childhood education, social and emotional by the local educational agency prior to the support, career and technical education, ally: Provided, That such amount is des- coronavirus emergency, shall have its plan ignated by the Congress as being for an adult education, and the protection of edu- automatically approved. emergency requirement pursuant to section cation-related jobs. (B) A local educational agency that does (d) REALLOCATION.—Each Governor shall 251(b)(2)(A)(i) of the Balanced Budget and not provide in-person instruction to any stu- return to the Secretary any funds received Emergency Deficit Control Act of 1985. dents where the students physically attend under this section that the Governor does school in-person shall not be eligible to re- GENERAL PROVISIONS not award within 6 months of receiving such ceive a subgrant under paragraph (2). EDUCATION STABILIZATION FUND funds and the Secretary shall reallocate such (C) A local educational agency that pro- SEC. ll11. (a) ALLOCATIONS.— From the funds to the remaining States in accordance vides in-person instruction to at least some amount made available under this heading in with subsection (b). students where the students physically at- (e) REPORT.—A Governor receiving funds this Act to carry out the Education Sta- tend school in-person but does not satisfy under this section shall submit a report to bilization Fund, the Secretary shall first al- the requirements in subparagraph (A) shall the Secretary, not later than 6 months after locate— have its allocation reduced on a pro rata receiving funding provided in this title, in (1) not more than one half of 1 percent to basis as determined by the Governor. such manner and with such subsequent fre- the outlying areas on the basis of the terms (d) PLAN CONTENTS.—A school reopening and conditions for funding provided under quency as the Secretary may require, that plan submitted to a Governor under sub- this heading in the Coronavirus Aid, Relief, provides a detailed accounting of the use of section (c)(2) shall include, in addition to and Economic Security (CARES) Act (Public funds provided under this section. any other information necessary to meet the Law 116–136); and ELEMENTARY AND SECONDARY SCHOOL criteria determined by the Governor— (2) one-half of 1 percent for the Secretary EMERGENCY RELIEF FUND (1) A detailed timeline for when the local of the Interior for programs operated or SEC. ll13. (a) GRANTS.—From funds re- educational agency will provide in-person in- funded by the Bureau of Indian Education, served under section ll11(b)(2) of this title, struction, including the goals and criteria

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.047 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4778 CONGRESSIONAL RECORD — SENATE August 4, 2020 used for providing full-time in-person in- dents with disabilities, English learners, mi- shortfalls that result in the disproportionate struction to all students; grant students, students experiencing home- closure or denial of expansion of public char- (2) A description of how many days of in- lessness, and children in foster care. ter schools that are otherwise meeting the person instruction per calendar week the (2) A local educational agency that re- terms of their charter for academic achieve- local educational agency plans to offer to ceives funds under subsection (c)(2) may use ment; or students during the 2020–2021 school year; the funds for activities to carry out a com- (B) disproportionally reduce funding to and prehensive school reopening plan as de- charter schools or otherwise increase fund- (3) An assurance that the local educational scribed in this section, including: ing gaps between charter schools and other agency will offer students as much in-person (A) Purchasing personal protective equip- public schools in the local educational agen- instruction as is safe and practicable, con- ment, implementing flexible schedules to cy. sistent with maintaining safe and contin- keep children in isolated groups, purchasing (2) Allocations of funding and services pro- uous operations aligned with challenging box lunches so that children can eat in their vided from funds provided in this section to state academic standards. classroom, purchasing physical barriers, pro- public charter schools are made on the same (e) USES OF FUNDS.— viding additional transportation services, basis as is used for all public schools, con- (1) A local educational agency or non-pub- repurposing existing school rooms and space, sistent with state law and in consultation lic school that receives funds under sub- and improving ventilation systems. with charter school leaders. section (c)(1) or section ll15 may use funds (B) Developing and implementation of pro- (h) REPORT.—A State receiving funds under for any of the following: cedures and systems to improve the pre- this section shall submit a report to the Sec- (A) Activities to support returning to in- paredness and response efforts of local edu- retary, not later than 6 months after receiv- person instruction, including purchasing per- cational agencies or non-public schools, ining funding provided in this title, in such sonal protective equipment, implementing cluding coordination with State, local, Trib- manner and with such subsequent frequency flexible schedules to keep children in iso- al, and territorial public health departments, as the Secretary may require, that provides lated groups, purchasing box lunches so that and other relevant agencies, to improve co- a detailed accounting of the use of funds pro- children can eat in their classroom, pur- ordinated responses among such entities to vided under this section. chasing physical barriers, providing addi- prevent, prepare for, and respond to (i) REALLOCATION.—A State shall return to tional transportation services, repurposing coronavirus. the Secretary any funds received under this existing school rooms and space, and improv- (C) Providing principals and others school section that the State does not award within ing ventilation systems. leaders with the resources necessary to ad- 4 months of receiving such funds and the (B) Developing and implementing proce- dress the needs of their individual schools. Secretary shall deposit such funds into the dures and systems to improve the prepared- (D) Providing additional services to ad- general fund of the Treasury. ness and response efforts of local educational dress the unique needs of low-income chil- (j) RULE OF CONSTRUCTION.— agencies or non-public schools including co- dren or students, children with disabilities, (1) The receipt of any funds authorized or ordination with State, local, Tribal, and ter- English learners, racial and ethnic minori- appropriated under this section, including ritorial public health departments, and other ties, students experiencing homelessness, pursuant to section ll15 of this Act, by a relevant agencies, to improve coordinated and foster care youth, including how out- nonprofit entity, or by any individual who responses among such entities to prevent, reach and service delivery will meet the has been admitted or applied for admission prepare for, and respond to coronavirus. needs of each population. to such entity (or any parent or guardian of (C) Providing principals and other school (E) Training and professional development such individual), shall not be construed to leaders with the resources necessary to ad- for staff of the local educational agency or render such entity or person a recipient of dress the needs of their individual schools di- non-public school on sanitation and mini- Federal financial assistance for any purpose, rectly related to coronavirus. mizing the spread of infectious diseases. nor shall any such person or entity be re- (D) Providing additional services to ad- (F) Purchasing supplies to sanitize, clean, quired to make any alteration to its existing dress the unique needs of low-income chil- and disinfect the facilities of a local edu- programs, facilities, or employment prac- dren or students, children with disabilities, cational agency or non-public school, includ- tices except as required under this section. English learners, racial and ethnic minori- ing buildings operated by such agency. (2) No State participating in any program ties, students experiencing homelessness, (G) Purchasing educational technology (in- under this section, including pursuant to and foster care youth, including how out- cluding hardware, software, and section ll15 of this Act, shall impose any reach and service delivery will meet the connectivity) for students who are served by penalty or additional requirement upon, or needs of each population. the local educational agency or non-public otherwise disadvantage, such entity or per- (E) Training and professional development school that aids in regular and substantive son as a consequence or condition of its re- for staff of the local educational agency or educational interaction between students non-public school on sanitation and mini- ceipt of such funds. and their classroom instructors, including mizing the spread of infectious diseases. (3) No State participating in any program low-income students and students with dis- (F) Purchasing supplies to sanitize, clean, under this section shall authorize any person abilities, which may include assistive tech- and disinfect the facilities of a local edu- or entity to use any funds authorized or ap- nology or adaptive equipment. cational agency or non-public school, includ- propriated under this section, including pur- (H) Expanding healthcare and other health ing buildings operated by such agency. suant to section ll15 of this Act, except as services (including mental health services (G) Planning for and coordinating during provided by subsection (e), nor shall any and supports), including for children at risk long-term closures, including for how to pro- such State impose any limits upon the use of of abuse or neglect. vide meals to eligible students, how to pro- any such funds except as provided by sub- (I) Planning and implementing activities vide technology for online learning to all section (e). related to summer learning and supple- students, how to provide guidance for car- HIGHER EDUCATION EMERGENCY RELIEF FUND mental afterschool programs, including pro- rying out requirements under the Individuals SEC. ll14. (a) IN GENERAL.—From funds viding classroom instruction during the sum- with Disabilities Education Act (20 U.S.C. reserved under section ll11(b)(3) of this mer months and addressing the needs of low- 1401 et seq.) and how to ensure other edu- title the Secretary shall allocate amounts as income students, students with disabilities, cational services can continue to be provided follows: English learners, migrant students, students consistent with all Federal, State, and local (1) 85 percent to each institution of higher experiencing homelessness, and children in requirements. education described in section 101 or section foster care. (H) Purchasing educational technology (in- 102(c) of the Higher Education Act of 1965 to (f) STATE FUNDING.—A State may reserve cluding hardware, software, and not more than 5 percent of the funds not oth- prevent, prepare for, and respond to connectivity) for students who are served by erwise allocated under subsection (c) and coronavirus, by apportioning it— the local educational agency or non-public section ll15 for administrative costs and (A) 90 percent according to the relative school that aids in regular and substantive the remainder for emergency needs as deter- share of full-time equivalent enrollment of educational interaction between students mined by the state educational agency to ad- Federal Pell Grant recipients who were not and their classroom instructors, including dress issues responding to coronavirus, exclusively enrolled in distance education low-income students and students with dis- which may be addressed through the use of courses prior to the coronavirus emergency; abilities, which may include assistive tech- grants or contracts. and nology or adaptive equipment. (g) ASSURANCES.—A State, state edu- (B) 10 percent according to the relative (I) Expanding healthcare and other health cational agency, or local educational agency share of full-time equivalent enrollment of services (including mental health services receiving funding under this section shall students who were not Federal Pell Grant re- and supports), including for children at risk provide assurances, as applicable, that: cipients who were not exclusively enrolled in of abuse or neglect. (1) A State, State educational agency, or distance education courses prior to the (J) Planning and implementing activities local educational agency will maintain and coronavirus emergency. related to summer learning and supple- expand access to high-quality schools, in- (2) 10 percent for additional awards under mental afterschool programs, including pro- cluding high-quality public charter schools, parts A and B of title III, parts A and B of viding classroom instruction or online learn- and will not— title V, and subpart 4 of part A of title VII ing during the summer months and address- (A) enact policies to close or prevent the of the Higher Education Act to address needs ing the needs of low-income students, stu- expansion of such schools to address revenue directly related to coronavirus, that shall be

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.047 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4779 in addition to awards made in section tion to distance education, faculty and staff (b)(1) A non-public school that provides in- ll14(a)(1) of this title, and allocated by the trainings, and payroll); and person instruction for at least 50 percent of Secretary proportionally to such programs (2) provide financial aid grants to students its students where the students physically based on the relative share of funding appro- (including students exclusively enrolled in attend school no less than 50 percent of each priated to such programs in the Further Con- distance education), which may be used for school-week, as determined by the non-pub- solidated Appropriations Act, 2020 (Public any component of the student’s cost of at- lic school prior to the coronavirus emer- Law 116–94) and distributed to eligible insti- tendance or for emergency costs that arise gency, shall be eligible for the full amount of tutions of higher education, except as other- due to coronavirus. assistance per student as prescribed under wise provided in subparagraphs (A)–(D), on (d) SPECIAL PROVISIONS.— this section. the basis of the formula described in section (1) A Historically Black College and Uni- (2) A non-public school that does not pro- ll14(a)(1) of this title: versity or a Minority Serving Institution vide in-person instruction to any students (A) Except as otherwise provided in sub- may use prior awards provided under titles where the students physically attend school paragraph (B), for eligible institutions under III, V, and VII of the Higher Education Act in-person shall only be eligible for one-third part B of title III and subpart 4 of part A of to prevent, prepare for, and respond to of the amount of assistance per student as title VII of the Higher Education Act, the coronavirus. prescribed under this section. Secretary shall allot to each eligible institu- (2) An institution of higher education re- (3) A non-public school that provides in- tion an amount using the following formula: ceiving funds under section 18004 of division person instruction to at least some students (i) 70 percent according to a ratio equiva- B of the CARES Act (Public Law 116–136) where the students physically attend school lent to the number of Pell Grant recipients may use those funds under the terms and in-person but does not satisfy the require- in attendance at such institution at the end conditions of section ll14(c) of this Act. ments in paragraph (1) shall have its amount of the school year preceding the beginning of Amounts repurposed pursuant to this para- of assistance as prescribed under this section the most recent fiscal year and the total graph that were previously designated by the reduced on a pro rata basis, which shall be number of Pell Grant recipients at all such Congress as an emergency requirement pur- calculated using the same methodology as is institutions; suant to the Balanced Budget and Emer- used under section ll13(c)(2)(C) of this (ii) 20 percent according to a ratio equiva- gency Deficit Control Act of 1985 are des- title. lent to the total number of students enrolled ignated by the Congress as an emergency re- (4) A Governor shall allocate not less than at such institution at the end of the school quirement pursuant to section 251(b)(2)(A)(i) 50 percent of the funds reserved in this sec- year preceding the beginning of that fiscal of the Balanced Budget and Emergency Def- tion to non-public schools within 30 days of year and the number of students enrolled at icit Control Act of 1985. receiving an award from the Secretary and all such institutions; and (3) No funds received by an institution of the remaining 50 percent not less than 4 (iii) 10 percent according to a ratio equiva- higher education under this section shall be months after receiving an award from the lent to the total endowment size at all eligi- used to fund contractors for the provision of Secretary. ble institutions at the end of the school year pre-enrollment recruitment activities; en- CONTINUED PAYMENT TO EMPLOYEES preceding the beginning of that fiscal year dowments; or capital outlays associated with and the total endowment size at such insti- SEC. ll16. A local educational agency, facilities related to athletics, sectarian in- State, institution of higher education, or tutions; struction, or religious worship. (B) For eligible institutions under section other entity that receives funds under ‘‘Edu- (4) An institution of higher education that cation Stabilization Fund’’, shall to the 326 of the Higher Education Act, the Sec- was required to remit payment to the Inter- retary shall allot to each eligible institution greatest extent practicable, continue to pay nal Revenue Service for the excise tax based its employees and contractors during the pe- an amount in proportion to the award re- on investment income of private colleges and ceived from funding for such institutions in riod of any disruptions or closures related to universities under section 4968 of the Inter- coronavirus. the Further Consolidated Appropriations nal Revenue Code of 1986 for tax year 2019 Act, 2020 (Public Law 116–94); shall have their allocation under this section DEFINITIONS (C) For eligible institutions under section reduced by 50 percent and may only use SEC. ll17. Except as otherwise provided 316 of the Higher Education Act, the Sec- funds for activities described in paragraph in sections ll11–ll16 of this title, as used retary shall allot funding according to the (c)(2). This paragraph shall not apply to an in such sections— formula in section 316(d)(3) of the Higher institution of higher education designated by (1) the terms ‘‘elementary education’’ and Education Act; and the Secretary as an eligible institution ‘‘secondary education’’ have the meaning (D) Notwithstanding section 318(f) of the under section 448 of the Higher Education given such terms under State law; Higher Education Act, for eligible institu- Act of 1965. (2) the term ‘‘institution of higher edu- tions under section 318 of the Higher Edu- (e) REPORT.—An institution receiving cation’’ has the meaning given such term in cation Act, the Secretary shall allot funding funds under this section shall submit a re- title I of the Higher Education Act of 1965 (20 according to the formula in section 318(e) of port to the Secretary, not later than 6 U.S.C. 1001 et seq.); the Higher Education Act. months after receiving funding provided in (3) the term ‘‘Secretary’’ means the Sec- (3) 5 percent for grants to institutions of this title, in such manner and with such sub- retary of Education; higher education that the Secretary deter- sequent frequency as the Secretary may re- (4) the term ‘‘State’’ means each of the 50 mines, through an application process and quire, that provides a detailed accounting of States, the District of Columbia, and the after allocating funds under paragraphs the use of funds provided under this section. Commonwealth of Puerto Rico; ll14(a)(1) and (2) of this Act, have the (f) REALLOCATION.—Any funds allocated to (5) the term ‘‘cost of attendance’’ has the greatest unmet needs related to coronavirus. an institution of higher education under this meaning given such term in section 472 of In awarding funds to institutions of higher section on the basis of a formula described in the Higher Education Act of 1965. education under this paragraph the Sec- subsection (a)(1) or (a)(2) but for which an in- (6) the term ‘‘Non-public school’’ means a retary shall prioritize institutions of higher stitution does not apply for funding within non-public elementary and secondary school education— 60 days of the publication of the notice invit- that (A) is accredited, licensed, or otherwise (A) described under title I of the Higher ing applications, shall be reallocated to eli- operates in accordance with State law; and Education Act of 1965 that were not eligible gible institutions that had submitted an ap- (B) was in existence prior to the date of the to receive an award under section ll14(a)(1) plication by such date. qualifying emergency for which grants are of this title, including institutions described ASSISTANCE TO NON-PUBLIC SCHOOLS awarded under this section; in section 102(b) of the Higher Education Act (7) the term ‘‘public school’’ means a pub- SEC. ll15. (a) FUNDS AVAILABILITY.—From of 1965; and lic elementary or secondary school; and the payment provided by the Secretary (B) that otherwise demonstrate significant (8) any other term used that is defined in under section ll13 of this title to a State needs related to coronavirus that were not section 8101 of the Elementary and Sec- educational agency, the State educational addressed by funding allocated under sub- ondary Education Act of 1965 (20 U.S.C. 7801) agency shall reserve an amount of funds sections (a)(1) or (a)(2) of this section. shall have the meaning given the term in equal to the percentage of students enrolled (b) DISTRIBUTION.—The funds made avail- such section. able to each institution under subsection in non-public elementary and secondary MAINTENANCE OF EFFORT (a)(1) shall be distributed by the Secretary schools in the State prior to the coronavirus using the same systems as the Secretary emergency. Upon reserving funds under this SEC. ll18. A State’s application for funds otherwise distributes funding to each insti- section, the Governor of the State shall to carry out sections ll12 or ll13 of this tution under title IV of the Higher Edu- award such funds equally to each non-public title shall include assurances that the State cation Act of 1965 (20 U.S.C. 1001 et seq.). school accredited or otherwise located in and will maintain support for elementary and (c) USES OF FUNDS.—An institution of high- licensed to operate in the State based on the secondary education, and State support for er education receiving funds under this sec- number of low-income students enrolled in higher education (which shall include State tion may use the funds received to: the non-public school as a share of all low-in- funding to institutions of higher education (1) defray expenses associated with come students enrolled in non-public ele- and state need-based financial aid, and shall coronavirus (including lost revenue, reim- mentary and secondary schools in the State not include support for capital projects or bursement for expenses already incurred, prior to the coronavirus emergency, subject for research and development or tuition and technology costs associated with a transi- to the requirements in subsection (b). fees paid by students) in fiscal years 2020 and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.047 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4780 CONGRESSIONAL RECORD — SENATE August 4, 2020 2021 at least at the proportional levels of withstanding section 412(b) of the General Act for youth workforce investment activi- such State’s support for elementary and sec- Education Provisions Act (20 U.S.C. 1225): ties shall give priority to out-of-school ondary education and for higher education Provided, That such amount is designated by youth and eligible youth who are members of relative to such States overall spending in the Congress as being for an emergency re- one or more populations listed in section fiscal year 2019. quirement pursuant to section 251(b)(2)(A)(i) 3(24) of such Act (29 U.S.C. 3102(24)); STUDENT AID ADMINISTRATION of the Balanced Budget and Emergency Def- (3) $150,000,000 for adult employment and For an additional amount for ‘‘Student Aid icit Control Act of 1985. training activities; and SEC. ll21. Funds made available in Public Administration’’, $40,000,000, to remain avail- (4) $150,000,000 for the dislocated workers Law 113–76 under the heading ‘‘Innovation able through September 30, 2021, to prevent, assistance national reserve: and Improvement’’ that were available for Provided further, That notwithstanding sec- prepare for, and respond to coronavirus, do- obligation through December 31, 2014 for the tion 128(a) of the Workforce Innovation and mestically or internationally, for carrying Investing in Innovation program pursuant to Opportunity Act (29 U.S.C. 3163(a)), the Gov- out part D of title I, and subparts 1, 3, 9 and the eighth and ninth provisos under that ernor may reserve up to 25 percent of the 10 of part A, and parts B, C, D, and E of title heading in that Act are to remain available funds allotted under each of paragraphs (1), IV of the HEA, and subpart 1 of part A of through fiscal year 2021 for the liquidation of (2), and (3) under this heading in this Act for title VII of the Public Health Service Act: valid obligations incurred in fiscal years 2014 statewide activities described in sections Provided, That such amount is designated by or 2015: Provided, That such amount is des- 129(b) and 134(a) of such Act: Provided further, the Congress as being for an emergency re- ignated by the Congress as being for an That notwithstanding section 128(b)(4) of the quirement pursuant to section 251(b)(2)(A)(i) emergency requirement pursuant to section Workforce Innovation and Opportunity Act of the Balanced Budget and Emergency Def- 251(b)(2)(A)(i) of the Balanced Budget and (29 U.S.C. 3163(b)(4)), local areas may use not icit Control Act of 1985. Emergency Deficit Control Act of 1985. more than 20 percent of the funds allocated INSTITUTE OF EDUCATION SCIENCES SEC. ll22. Funds made available in Public to the local area under each of paragraphs For an additional amount for ‘‘Institute of Law 113–76 under the heading ‘‘Rehabilita- (1), (2), and (3) under this heading in this Act Education Sciences’’, $65,000,000, to remain tion Services and Disability Research’’ that for administrative costs: Provided further, available through September 30, 2021, to pre- were available for obligation through fiscal That such amount is designated by the Con- vent, prepare for, and respond to year 2015 for the Automated Personalization gress as being for an emergency requirement coronavirus, domestically or internation- Computing Project pursuant to the first four pursuant to section 251(b)(2)(A)(i) of the Bal- ally, for carrying out the National Assess- provisos under that heading in that Act are anced Budget and Emergency Deficit Control ment of Educational Progress Authorization to remain available through fiscal year 2021 Act of 1985. Act (title III of Public Law 107–279): Provided, for the liquidation of valid obligations in- STATE UNEMPLOYMENT INSURANCE AND That such amount is designated by the Con- curred in fiscal years 2014 or 2015: Provided, EMPLOYMENT SERVICE OPERATIONS gress as being for an emergency requirement That such amount is designated by the Con- For an additional amount for ‘‘State Un- pursuant to section 251(b)(2)(A)(i) of the Bal- gress as being for an emergency requirement employment Insurance and Employment anced Budget and Emergency Deficit Control pursuant to section 251(b)(2)(A)(i) of the Bal- Service Operations’’, $1,504,000,000, to pre- Act of 1985. anced Budget and Emergency Deficit Control vent, prepare for, and respond to DEPARTMENTAL MANAGEMENT Act of 1985. coronavirus, domestically or internation- PROGRAM ADMINISTRATION ally, which may be expended from the Em- SA 2521. Mr. BLUNT submitted an ployment Security Administration Account For an additional amount for ‘‘Program amendment intended to be proposed to in the Unemployment Trust Fund (‘‘The Administration’’, $8,000,000, to remain avail- Trust Fund’’), of which: able through September 30, 2021, to prevent, amendment SA 2499 proposed by Mr. MCCONNELL to the bill S. 178, to con- (1) $1,115,500,000 from the Trust Fund to re- prepare for, and respond to coronavirus, domain available through December 31, 2021, is mestically or internationally: Provided, That demn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and for grants to States for the administration of such amount is designated by the Congress State unemployment insurance laws as au- as being for an emergency requirement pur- calling for an end to arbitrary deten- thorized under title III of the Social Security suant to section 251(b)(2)(A)(i) of the Bal- tion, torture, and harassment of these Act including grants to upgrade information anced Budget and Emergency Deficit Control communities inside and outside China; technology to improve the administration Act of 1985. which was ordered to lie on the table; and processing of unemployment compensa- OFFICE OF INSPECTOR GENERAL as follows: tion claims: Provided, That, the Secretary For an additional amount for ‘‘Office of In- At the appropriate place, insert the fol- may distribute such amounts, with respect spector General’’, $7,000,000, to remain avail- lowing: to upgrading information technology, based able through September 30, 2022, to prevent, on the condition and needs of the State in- TITLE ll——DEPARTMENTS OF LABOR, prepare for, and respond to coronavirus, do- formation technology systems or other ap- HEALTH AND HUMAN SERVICES, AND mestically or internationally, including for propriate factors, which may include the EDUCATION, AND RELATED AGENCIES salaries and expenses necessary for oversight ratio described under section 903(a)(2)(B) of and audit of programs, grants, and projects Subtitle A—Labor the Social Security Act: Provided further, funded in this title to respond to DEPARTMENT OF LABOR That funds provided for information tech- coronavirus: Provided, That such amount is EMPLOYMENT AND TRAINING ADMINISTRATION nology under this heading in this Act shall designated by the Congress as being for an TRAINING AND EMPLOYMENT SERVICES be available for obligation by the States emergency requirement pursuant to section For an additional amount for ‘‘Training through September 30, 2027 and available for 251(b)(2)(A)(i) of the Balanced Budget and and Employment Services’’, $950,000,000, to expenditure by the States through Sep- Emergency Deficit Control Act of 1985. remain available through September 30, 2022, tember 30, 2028; GENERAL PROVISIONS to prevent, prepare for, and respond to (2) $38,500,000 from the Trust Fund is for national activities necessary to support the SEC. ll19. Funds made available in Public coronavirus, domestically or internation- Law 115–245 under the heading ‘‘National ally, which shall be used as follows: administration of the Federal-State unem- Technical Institute for the Deaf’’ that were (1) $500,000,000 for grants to States for dis- ployment insurance system, to remain avail- available for obligation through fiscal year located worker employment and training ac- able through September 30, 2021; and 2019, and where a valid obligation was in- tivities, including training services provided (3) $350,000,000 from the Trust Fund is for curred in such fiscal year, are to remain through individual training accounts, incum- grants to States in accordance with section available for obligation and expenditure by bent worker training, transitional jobs, cus- 6 of the Wagner-Peyser Act, to remain avail- educational agencies or institutions through tomized training, on-the-job training, the able through June 30, 2021: Provided further, That such amount is des- fiscal year 2021, notwithstanding section identification of training providers including ignated by the Congress as being for an 412(b) of the General Education Provisions online providers, and activities to facilitate emergency requirement pursuant to section Act (20 U.S.C. 1225): , That such remote access to employment and training Provided 251(b)(2)(A)(i) of the Balanced Budget and services through a one-stop center that lead amount is designated by the Congress as Emergency Deficit Control Act of 1985. being for an emergency requirement pursu- to employment in high-skill, high-wage, or ant to section 251(b)(2)(A)(i) of the Balanced in-demand industry sectors or occupations, DEPARTMENTAL MANAGEMENT Budget and Emergency Deficit Control Act including health care, direct care, and manu- SALARIES AND EXPENSES of 1985. facturing; (INCLUDING TRANSFER OF FUNDS) SEC. ll20. Funds made available in Public (2) $150,000,000 for grants to States for For an additional amount for ‘‘Depart- Law 115–245 under the heading ‘‘Gallaudet youth workforce investment activities: Pro- mental Management’’, $15,600,000, to remain University’’ that were available for obliga- vided, That a local board shall not be re- available until September 30, 2022, to pre- tion through fiscal year 2019, and where a quired to meet the requirements of section vent, prepare for, and respond to valid obligation was incurred in such fiscal 129(a)(4)(A) of the Workforce Innovation and coronavirus, including to enforce worker year, are to remain available for obligation Opportunity Act (29 U.S.C. 3164(a)(4)(A)): Pro- protection laws and regulations, and to over- and expenditure by educational agencies or vided further, That each State and local area see and coordinate activities related to divi- institutions through fiscal year 2021, not- receiving funds under this paragraph in this sion C, division D, division E, and division F

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.047 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4781 of Public Law 116–127, and activities under making awards through other grant or coop- of non-federally owned facilities to improve Public Law 116–136: Provided, That the Sec- erative agreement mechanisms: Provided fur- preparedness and response capability at the retary of Labor may transfer the amounts ther, That of the amount provided under this State, territorial, tribal, and local level: Pro- provided under this heading in this Act as heading in this Act, up to $500,000,000 shall be vided further, That funds provided under this necessary to ‘‘Employment and Training Ad- for activities to plan, prepare for, promote, heading in this Act may be used for purchase ministration—Program Administration’’, distribute, administer, monitor, and track and insurance of official motor vehicles in ‘‘Employee Benefits Security Administra- seasonal influenza vaccines to ensure broad- foreign countries: Provided further, That of tion’’, ‘‘Wage and Hour Division’’, Office of based distribution, access, and vaccine cov- the amount provided under this heading in Workers’ Compensation Programs’’, ‘‘Occu- erage: Provided further, That funds provided this Act, $1,000,000 shall be to develop and pational Safety and Health Administration’’, under this heading in this Act may reim- maintain a data system to be known as the and ‘‘Mine Safety and Health Administra- burse CDC obligations incurred for Public Safety Officer Suicide Reporting Sys- tion’’, to prevent, prepare for, and respond to coronavirus vaccine planning, preparation, tem, to collect data on the suicide incidence coronavirus, including for enforcement, promotion, and distribution prior to the en- among public safety officers; and facilitate oversight, and coordination activities in actment of this Act: Provided further, That the study of successful interventions to re- those accounts: Provided further, That of the CDC shall report to the Committees on Ap- duce suicide among public safety officers: amount provided under this heading in this propriations of the House of Representatives Provided further, That such system shall be Act, $5,000,000, to remain available until ex- and the Senate within 60 days of enactment integrated into the National Violent Death pended, shall be transferred to ‘‘Office of In- of this Act on an enhanced seasonal influ- Reporting System: Provided further, That spector General’’, for oversight of activities enza vaccination strategy to include nation- amounts repurposed under this heading in related to Public Law 116–127 and Public Law wide vaccination goals and specific actions this Act that were previously designated by 116–136 and for oversight activities supported that CDC will take to achieve such goals: the Congress as an emergency requirement with funds appropriated to the Department Provided further, That of the amount pro- pursuant to the Balanced Budget and Emer- of Labor to prevent, prepare for, and respond vided under this heading in this Act, not less gency Deficit Control Act of 1985 are des- to coronavirus: Provided further, That 15 days than $200,000,000 shall be for global disease ignated by the Congress as an emergency re- prior to transferring any funds pursuant to detection and emergency response to be co- quirement pursuant to section 251(b)(2)(A)(i) the previous provisos under the heading in ordinated with funds provided in Public Law of the Balanced Budget and Emergency Def- this Act, the Secretary shall provide to the 116–123 and Public Law 116–136 to global dis- icit Control Act of 1985: Provided further, Committees on Appropriations of the House ease detection and emergency response to That such amount is designated by the Con- of Representatives and the Senate an oper- support CDC-led global health security re- gress as being for an emergency requirement ating plan describing the planned uses of sponse including CDC regional planning ef- pursuant to section 251(b)(2)(A)(i) of the Bal- each amount proposed to be transferred: Pro- forts: Provided further, That CDC shall pro- anced Budget and Emergency Deficit Control vided further, That such amount is des- vide an update to the global health security Act of 1985. report required in Public Law 116-94 within ignated by the Congress as being for an NATIONAL INSTITUTES OF HEALTH emergency requirement pursuant to section 90 days of enactment of this Act that shall NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 251(b)(2)(A)(i) of the Balanced Budget and include a spend plan for funds appropriated Emergency Deficit Control Act of 1985. in the previous proviso and funds appro- For an additional amount for ‘‘National priated for global disease detection and Heart, Lung, and Blood Institute’’, GENERAL PROVISION emergency response in Public Law 116–123 $290,000,000, to remain available until Sep- SEC. ll01. Paragraph (1) under the head- and Public Law 116–136: Provided further, tember 30, 2024, to prevent, prepare for, and ing ‘‘Department of Labor—Veterans Em- That such spend plan shall describe the re- respond to coronavirus, domestically or ployment and Training’’ of title I of division gions and countries that CDC will prioritize internationally: Provided, That such amount A of Public Law 116–94 is amended by strik- and describe how CDC and USAID are coordi- is designated by the Congress as being for an ing ‘‘obligation by the States through De- nating during planning and implementation: emergency requirement pursuant to section cember 31, 2020’’ and inserting ‘‘expenditure Provided further, That within one year of en- 251(b)(2)(A)(i) of the Balanced Budget and by the States through September 30, 2022’’: actment of this Act and every 365 days there- Emergency Deficit Control Act of 1985. Provided, That such amount is designated by after until funds provided in the eighth pro- the Congress as being for an emergency re- viso in this paragraph and in Public Law 116– NATIONAL INSTITUTE OF DIABETES AND quirement pursuant to section 251(b)(2)(A)(i) 123 and Public Law 116–136 for global disease DIGESTIVE AND KIDNEY DISEASES of the Balanced Budget and Emergency Def- detection and emergency response are ex- For an additional amount for ‘‘National In- icit Control Act of 1985. pended, CDC shall provide an evaluation out- stitute of Diabetes and Digestive and Kidney Subtitle B—Health and Human Services lining how investments in countering global Diseases’’, $200,000,000, to remain available until September 30, 2024, to prevent, prepare DEPARTMENT OF HEALTH AND HUMAN health threats, as well as investments made for, and respond to coronavirus, domestically SERVICES by region or country, as applicable, have improved infectious disease response capability or internationally: Provided, That such CENTERS FOR DISEASE CONTROL AND in the region or country and additional amount is designated by the Congress as PREVENTION progress needed: Provided further, That of the being for an emergency requirement pursu- CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT amount provided under this heading in this ant to section 251(b)(2)(A)(i) of the Balanced For an additional amount for ‘‘CDC-Wide Act, not less than $200,000,000 shall be for Budget and Emergency Deficit Control Act Activities and Program Support’’, public health data surveillance and analytics of 1985. $3,400,000,000, to remain available until Sep- modernization to be coordinated with funds NATIONAL INSTITUTE OF ALLERGY AND tember 30, 2024, to prevent, prepare for, and provided in Public Law 116–136 to support INFECTIOUS DISEASES respond to coronavirus, domestically or CDC-led data modernization efforts to im- For an additional amount for ‘‘National In- internationally: Provided, That of the prove disease reporting across the country: stitute of Allergy and Infectious Diseases’’, amount provided under this heading in this Provided further, That CDC shall update the $480,555,000, to remain available until Sep- Act, not less than $1,500,000,000 shall be for public health data surveillance and IT sys- tember 30, 2024, to prevent, prepare for, and grants to or cooperative agreements with tems modernization report to the Commit- respond to coronavirus, domestically or States, localities, territories, tribes, tribal tees on Appropriations of the House of Rep- internationally: Provided, That $55,000,000 organizations, urban Indian health organiza- resentatives and the Senate required by Pub- shall be for Regional Biocontainment Lab- tions, or health service providers to tribes, lic Law 116–94 within 180 days of enactment oratories: Provided further, That funding pro- including to carry out surveillance, epidemi- of this Act and every 365 days thereafter vided in the previous proviso shall be divided ology, laboratory capacity, infection con- until funds provided under this heading in evenly among the eleven laboratories: Pro- trol, immunization activity, mitigation, this Act and in Public Law 116–136 for public vided further, That such amount is des- communications, and other preparedness and health surveillance and data collection mod- ignated by the Congress as being for an response activities: Provided further, That ernization are expended: Provided further, emergency requirement pursuant to section the amounts included in the previous proviso That such report shall include an assessment 251(b)(2)(A)(i) of the Balanced Budget and shall be allocated to States, localities, and of the progress State and territorial public Emergency Deficit Control Act of 1985. territories according to the formula that ap- health lab grantees have had in meeting data plied to the Public Health Emergency Pre- modernization goals, an assessment of the EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE paredness cooperative agreement in fiscal progress CDC internal public health data OF CHILD HEALTH AND HUMAN DEVELOPMENT year 2019: Provided further, That of the systems have had meeting data moderniza- For an additional amount for ‘‘Eunice Ken- amount in the first proviso, not less than tion goals, and a detailed plan for CDC’s nedy Shriver National Institute of Child $125,000,000 shall be allocated to tribes, tribal long-term data modernization goals, includ- Health and Human Development’’, organizations, urban Indian health organiza- ing how CDC will receive near real-time data $172,680,000, to remain available until Sep- tions, or health service providers to tribes: across the disease reporting platforms: Pro- tember 30, 2024, to prevent, prepare for, and Provided further, That the Director of the vided further, That funds appropriated under respond to coronavirus, domestically or Centers for Disease Control and Prevention this heading in this Act may be used for internationally: Provided, That such amount (‘‘CDC’’) may satisfy the funding thresholds grants for the rent, lease, purchase, acquisi- is designated by the Congress as being for an outlined in the first and third provisos by tion, construction, alteration, or renovation emergency requirement pursuant to section

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4782 CONGRESSIONAL RECORD — SENATE August 4, 2020 251(b)(2)(A)(i) of the Balanced Budget and tribution of the virus, and vaccine hesitancy: prepare for, and respond to coronavirus, do- Emergency Deficit Control Act of 1985. Provided further, That the Academies shall mestically and internationally: Provided, NATIONAL INSTITUTE OF MENTAL HEALTH provide recommendations to the Advisory That amounts appropriated under this head- Committee on Immunization Practices no ing in this Act shall be for Centers for Medi- For an additional amount for ‘‘National In- later than September 18, 2020: Provided fur- care and Medicaid Services (‘‘CMS’’) strike stitute of Mental Health’’, $200,000,000, to re- ther, That the agreement shall include an on- teams for resident and employee safety in main available until September 30, 2024, to going assessment of how vaccine distribution skilled nursing facilities and nursing facili- prevent, prepare for, and respond to meets equity criteria and recommendations ties, including activities to support clinical coronavirus, domestically or internation- for how vaccine distribution may better care, infection control, and staffing: Provided ally: Provided, That such amount is des- align with such criteria as applicable which further, That CMS shall provide a report to ignated by the Congress as being for an shall inform the Advisory Committee on Im- the Committees on Appropriations of the emergency requirement pursuant to section munization Practices prioritization rec- House of Representatives and the Senate 30 251(b)(2)(A)(i) of the Balanced Budget and ommendations and vaccine distribution ac- days after enactment of this Act outlining a Emergency Deficit Control Act of 1985. tivities: Provided further, That such amount plan for executing strike team efforts, in- NATIONAL INSTITUTE ON MINORITY HEALTH AND is designated by the Congress as being for an cluding how safety and infection control HEALTH DISPARITIES emergency requirement pursuant to section measures will be assessed, how facilities will For an additional amount for ‘‘National In- 251(b)(2)(A)(i) of the Balanced Budget and be chosen, and the frequency by which stitute on Minority Health and Health Dis- Emergency Deficit Control Act of 1985. skilled nursing facilities and nursing facili- parities’’, $64,334,000, to remain available SUBSTANCE ABUSE AND MENTAL HEALTH ties will be visited: Provided further, That until September 30, 2024, to prevent, prepare SERVICES ADMINISTRATION CMS shall administer section 223 of Public for, and respond to coronavirus, domestically Law 113–93 and consult with the Substance HEALTH SURVEILLANCE AND PROGRAM SUPPORT or internationally: Provided, That such Abuse and Mental Health Services Adminis- amount is designated by the Congress as For an additional amount for ‘‘Heath Sur- tration, as necessary: Provided further, That being for an emergency requirement pursu- veillance and Program Support’’, such amount is designated by the Congress ant to section 251(b)(2)(A)(i) of the Balanced $4,500,000,000, to remain available through as being for an emergency requirement pur- Budget and Emergency Deficit Control Act September 30, 2021, to prevent, prepare for, suant to section 251(b)(2)(A)(i) of the Bal- of 1985. and respond to coronavirus, domestically or anced Budget and Emergency Deficit Control internationally: Provided, That of the Act of 1985. NATIONAL CENTER FOR ADVANCING amount appropriated under this heading in TRANSLATIONAL SCIENCES this Act, $1,500,000,000 shall be for grants for ADMINISTRATION FOR CHILDREN AND FAMILIES For an additional amount for ‘‘National the substance abuse prevention and treat- LOW INCOME HOME ENERGY ASSISTANCE Center for Advancing Translational ment block grant program under subpart II For an additional amount for ‘‘Low Income Sciences’’, $1,224,750,000, to remain available of part B of title XIX of the Public Health Home Energy Assistance’’, $1,500,000,000, to until September 30, 2024, to prevent, prepare Service Act (‘‘PHS Act’’): Provided further, remain available through September 30, 2021, for, and respond to coronavirus, domestically That of the amount appropriated under this to prevent, prepare for, or respond to or internationally: Provided, That such heading in this Act, $2,000,000,000 shall be for coronavirus, domestically or internation- amount is designated by the Congress as grants for the community mental health ally, which shall be for making payments being for an emergency requirement pursu- services block grant program under subpart I under subsection (b) of section 2602 of the ant to section 251(b)(2)(A)(i) of the Balanced of part B of title XIX of the PHS Act: Pro- Low-Income Home Energy Assistance Act of Budget and Emergency Deficit Control Act vided further, That of the amount appro- 1981 (42 U.S.C. 8621 et seq.): Provided, That of of 1985. priated in the previous proviso, the Assistant the amount provided under this heading in OFFICE OF THE DIRECTOR Secretary is directed to provide no less than this Act, $375,000,000 shall be allocated as 50 percent of funds directly to facilities de- (INCLUDING TRANSFER OF FUNDS) though the total appropriation for such pay- fined in section 1913(c) of the PHS Act: Pro- ments for fiscal year 2020 was less than For an additional amount for ‘‘Office of the vided further, That of the amount appro- $1,975,000,000: Provided further, That section Director’’, $12,905,337,000, to remain available priated under this heading in this Act, not 2607(b)(2)(B) of such Act (42 U.S.C. until September 30, 2024, to prevent, prepare less than $600,000,000 is available for Certified 8626(b)(2)(B)) shall not apply to funds made for, and respond to coronavirus, domestically Community Behavioral Health Clinic Expan- available under this heading in this Act in or internationally: Provided, That not less sion Grant program: Provided further, That of fiscal year 2020: Provided further, That such than $10,100,000,000 of the amount provided the amount appropriated under this heading amount is designated by the Congress as under this heading in this Act shall be for in this Act, not less than $50,000,000 shall be being for an emergency requirement pursu- offsetting the costs related to reductions in available for suicide prevention programs: ant to section 251(b)(2)(A)(i) of the Balanced lab productivity resulting from the Provided further, That of the amount appro- Budget and Emergency Deficit Control Act coronavirus pandemic or public health meas- priated under this heading in this Act, of 1985. ures related to the coronavirus pandemic: $100,000,000 shall be for activities and serv- PAYMENTS TO STATES FOR THE CHILD CARE AND Provided further, That $1,325,337,000 of the ices under Project AWARE: Provided further, DEVELOPMENT BLOCK GRANT amount provided under this heading in this That of the amount appropriated under this Act shall be to support additional scientific heading in this Act, not less than $250,000,000 For an additional amount for ‘‘Payments research or the programs and platforms that is available for activities authorized under to States for the Child Care and Develop- support research: Provided further, That section 501(o) of the PHS Act: Provided fur- ment Block Grant’’, $5,000,000,000, to remain $1,240,000,000 of the amount provided under ther, That from within the amount appro- available through September 30, 2021, to pre- this heading in this Act shall be provided to priated under this heading in this Act in the vent, prepare for, and respond to accelerate the research and development of previous provisos, a total of not less than coronavirus, domestically or internation- therapeutic interventions and vaccines in $15,000,000 shall be allocated to tribes, tribal ally, including for Federal administrative partnership: Provided further, that no less organizations, urban Indian health organiza- expenses, which shall be used to supplement, than $240,000,000 of the amount provided tions, or health or behavioral health service not supplant State, Territory, and Tribal under this heading in this Act shall be for providers to tribes: Provided further, That general revenue funds for child care assist- supplements to existing research training with respect to the amount appropriated ance for low-income families within the awards for extensions and other costs: Pro- under this heading in this Act the Substance United States (including territories) without vided further, That funds available under this Abuse and Mental Health Services Adminis- regard to requirements in sections heading in this Act may be transferred to tration may waive requirements with respect 658E(c)(3)(D)–(E) or 658G of the Child Care the accounts of Institutes and Centers of the to allowable activities, timelines, or report- and Development Block Grant Act: Provided, NIH: Provided further, That this transfer au- ing requirements for the Substance Abuse That funds provided under this heading in thority is in addition to any other transfer Prevention and Treatment Block Grant and this Act may be used to provide continued authority available to the NIH: Provided fur- the Community Mental Health Services payments and assistance to child care pro- ther, That the Director shall enter into an Block Grant as deemed necessary to facili- viders in the case of decreased enrollment or agreement with the National Academies of tate a grantee’s response to coronavirus: Pro- closures related to coronavirus, and to as- Sciences, Engineering, and Medicine (‘‘Acad- vided further, That such amount is des- sure they are able to remain open or reopen emies’’) to develop a decision framework to ignated by the Congress as being for an as appropriate and applicable: Provided fur- assist domestic and global health authorities emergency requirement pursuant to section ther, That States, Territories, and Tribes are in planning an equitable allocation of 251(b)(2)(A)(i) of the Balanced Budget and encouraged to place conditions on payments coronavirus vaccines: Provided further, That Emergency Deficit Control Act of 1985. to child care providers that ensure that child the Academies shall consider equity criteria care providers use a portion of funds received which may include consideration of risk fac- CENTERS FOR MEDICARE & MEDICAID SERVICES to continue to pay the salaries and wages of tors related to health disparities and health PROGRAM MANAGEMENT staff: Provided further, That the Secretary care access, underlying health conditions, For an additional amount for ‘‘Program shall remind States that CCDBG State plans racial and ethnic minorities, higher-risk oc- Management’’, $150,000,000, to remain avail- do not need to be amended prior to utilizing cupations, first responders, geographic dis- able through September 30, 2023, to prevent, existing authorities in the CCDBG Act for

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the purposes provided herein: Provided fur- BACK TO WORK CHILD CARE GRANTS Fund’’, $29,000,000,000, to remain available ther, That States, Territories, and Tribes are For an additional amount for ‘‘Back to until September 30, 2024, to prevent, prepare authorized to use funds appropriated under Work Child Care Grants’’, $10,000,000,000, to for, and respond to coronavirus, domestically this heading in this Act to provide child care remain available through September 30, 2021, or internationally, including the develop- assistance to health care sector employees, to prevent, prepare for, and respond to ment of necessary countermeasures and vac- emergency responders, sanitation workers, coronavirus, domestically or internation- cines, prioritizing platform-based tech- and other workers deemed essential during ally, which shall be for activities to carry nologies with U.S.-based manufacturing ca- the response to coronavirus by public offi- out Back to Work Child Care Grants to pabilities, the purchase of vaccines, thera- cials, without regard to the income eligi- qualified child care providers, for a transi- peutics, diagnostics, necessary medical sup- bility requirements of section 658P(4) of such tion period of not more than 9 months to as- plies, as well as medical surge capacity, ad- Act: Provided further, That funds appro- sist in paying for fixed costs and increased dressing blood supply chain, workforce mod- priated under this heading in this Act shall operating expenses due to COVID–19, and to ernization, telehealth access and infrastruc- be available to eligible child care providers reenroll children in an environment that ture, initial advanced manufacturing, novel under section 658P(6) of the CCDBG Act, even supports the health and safety of children dispensing, enhancements to the U.S. Com- if such providers were not receiving CCDBG and staff: Provided, That such amount is des- missioned Corps, and other preparedness and assistance prior to the public health emer- ignated by the Congress as being for an response activities: Provided, That funds ap- gency as a result of the coronavirus and any emergency requirement pursuant to section propriated under this paragraph in this Act renewal of such declaration pursuant to such 251(b)(2)(A)(i) of the Balanced Budget and may be used to develop and demonstrate in- section 319, for the purposes of cleaning and Emergency Deficit Control Act of 1985. novations and enhancements to manufac- sanitation, and other activities necessary to ADMINISTRATION FOR COMMUNITY LIVING turing platforms to support such capabili- maintain or resume the operation of pro- AGING AND DISABILITY SERVICES PROGRAMS ties: Provided further, That the Secretary of grams: Provided further, That payments made For an additional amount for ‘‘Aging and Health and Human Services shall purchase under this heading in this Act may be obli- Disability Services Programs’’, $75,000,000, to vaccines developed using funds made avail- gated in this fiscal year or the succeeding remain available until September 30, 2021, to able under this paragraph in this Act to re- two fiscal years: Provided further, That funds prevent, prepare for, and respond to spond to an outbreak or pandemic related to appropriated under this heading in this Act coronavirus, domestically or internation- coronavirus in quantities determined by the may be made available to restore amounts, ally: Provided, That of the amount made Secretary to be adequate to address the pub- either directly or through reimbursement, available under this heading in this Act to lic health need: Provided further, That prod- for obligations incurred to prevent, prepare prevent, prepare for, and respond to ucts purchased by the Federal government for, and respond to coronavirus, domestically coronavirus, $58,000,000 shall be for activities with funds made available under this para- or internationally, prior to the date of enact- authorized under the Older Americans Act of graph in this Act, including vaccines, thera- ment of this Act: Provided further, That such 1965 (‘‘OAA’’), including $3,000,000 to imple- peutics, and diagnostics, shall be purchased amount is designated by the Congress as ment a demonstration program on strategies in accordance with Federal Acquisition Reg- being for an emergency requirement pursu- to recruit, retain, and advance direct care ulation guidance on fair and reasonable pric- ant to section 251(b)(2)(A)(i) of the Balanced workers under section 411(a)(13) of the OAA; ing: Provided further, That the Secretary may Budget and Emergency Deficit Control Act $35,000,000 for supportive services under part take such measures authorized under current law to ensure that vaccines, therapeutics, of 1985. B of title III of the OAA; and $20,000,000 for support services for family caregivers under and diagnostics developed from funds pro- CHILDREN AND FAMILIES SERVICES PROGRAMS part E of title III of the OAA: Provided fur- vided in this title will be affordable in the commercial market: Provided further, That in For an additional amount for ‘‘Children ther, That of the amount made available carrying out the previous proviso, the Sec- and Families Services Programs’’, under this heading in this Act, $10,000,000 retary shall not take actions that delay the $190,000,000, to remain available through Sep- shall be available to support protection and development of such products: Provided fur- tember 30, 2021, to prevent, prepare for, and advocacy systems, as described under sub- ther, That the Secretary shall ensure that respond to coronavirus, domestically or title C of title I of the Developmental Dis- protections remain for individuals enrolled internationally, including for Federal ad- abilities Assistance and Bill of Rights Act of in group or individual health care coverage ministrative expenses, which shall be used as 2000 (42 U.S.C. 15041 et seq.): Provided further, That of the amount made available under with pre-existing conditions, including those follows: this heading in this Act, $2,000,000 shall be linked to coronavirus: Provided further, That (1) $65,000,000 for Family Violence Preven- for training, technical assistance, and re- products purchased with funds appropriated tion and Services grants as authorized by source centers authorized under sections under this paragraph in this Act may, at the section 303(a) and 303(b) of the Family Vio- 202(a) and 411 of the OAA; training and tech- discretion of the Secretary of Health and lence and Prevention and Services Act with nical assistance to centers for independent Human Services, be deposited in the Stra- such funds available to grantees without re- living as authorized under section 721(b) of tegic National Stockpile under section 319F– gard to matching requirements under section the Rehabilitation Act of 1973 (except that 2 of the Public Health Service Act: Provided 306(c)(4) of such Act, of which $2,000,000 shall the reservations under paragraph (1) of such further, That of the amount appropriated be for the National Domestic Violence Hot- section shall not apply); technical assistance under this paragraph in this Act, not more line: Provided, That the Secretary may make by the Secretary of Health and Human Serv- than $2,000,000,000 shall be for the Strategic such funds available for providing temporary ices (‘‘Secretary’’) to State Councils on De- National Stockpile under section 319F–2(a) of housing and assistance to victims of family, velopmental Disabilities as authorized under such Act: Provided further, That funds appro- domestic, and dating violence; subtitle B of title I of the Developmental priated under this paragraph in this Act may (2) $75,000,000 for child welfare services as Disabilities Assistance and Bill of Rights Act be transferred to, and merged with, the fund authorized by subpart 1 of part B of title IV of 2000 (except that the reservations under authorized by section 319F–4, the Covered of the Social Security Act (other than sec- section 129(b) of such Act shall not apply); Counter measure Process Fund, of the Public tions 426, 427, and 429 of such subpart), with technical assistance by the Secretary to pro- Health Service Act: Provided further, That of such funds available to grantees without re- tection and advocacy systems as authorized the amount appropriated under this para- gard to matching requirements under section under subtitle C of such title (except that graph in this Act, $20,000,000,000 shall be 424(a) of that Act or any applicable reduc- the limits under section 142(a)(6) of such Act available to the Biomedical Advanced Re- tions in Federal financial participation shall not apply); and technical assistance to search and Development Authority for nec- under section 424(f) of that Act; and University Centers for Excellence in Devel- essary expenses of manufacturing, produc- (3) $50,000,000 for necessary expenses for opmental Disabilities Education, Research, tion, and purchase, at the discretion of the community-based grants for the prevention and Service as authorized under section Secretary, of vaccines, therapeutics, of child abuse and neglect under section 209 151(c) of such Act (except that the reserva- diagnostics, and small molecule active phar- of the Child Abuse Prevention and Treat- tions under section 156(a)(3)(B) of such Act maceutical ingredients, including the devel- ment Act, which the Secretary shall make shall not apply): Provided further, That of the opment, translation, and demonstration at available without regard to section 203(b)(1) amount made available under this heading in scale of innovations in manufacturing plat- and 204(4) of such Act: this Act, $5,000,000 shall be for activities au- forms: Provided further, That funds in the thorized in the Assistive Technology Act of Provided further, That funds appropriated previous proviso may be used for the con- 2004: Provided further, That such amount is under this heading in this Act may be made struction or renovation of U.S.-based next designated by the Congress as being for an available to restore amounts, either directly generation manufacturing facilities, other emergency requirement pursuant to section or through reimbursement, for obligations than facilities owned by the United States 251(b)(2)(A)(i) of the Balanced Budget and incurred to prevent, prepare for, and respond Emergency Deficit Control Act of 1985. Government: Provided further, That of the to coronavirus, domestically or internation- amount provided under this heading in this ally, prior to the date of enactment of this OFFICE OF THE SECRETARY Act, $6,000,000,000 shall be for activities to Act: Provided further, That such amount is PUBLIC HEALTH AND SOCIAL SERVICES plan, prepare for, promote, distribute, ad- designated by the Congress as being for an EMERGENCY FUND minister, monitor, and track coronavirus emergency requirement pursuant to section (INCLUDING TRANSFER OF FUNDS) vaccines to ensure broad-based distribution, 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Public access, and vaccine coverage: Provided fur- Emergency Deficit Control Act of 1985. Health and Social Services Emergency ther, That the Secretary shall coordinate

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4784 CONGRESSIONAL RECORD — SENATE August 4, 2020 funding and activities outlined in the pre- subject to requirements under the National to conduct surveillance and contact tracing, vious proviso through the Director of CDC: Environmental Policy Act of 1969 or the Na- support development of COVID–19 testing Provided further, That the Secretary, through tional Historic Preservation Act of 1966: Pro- plans, and other related activities related to the Director of CDC, shall report to the Com- vided further, That for the purposes of any COVID–19 testing: Provided, That of the mittees on Appropriations of the House of funding provided for fiscal year 2020 for the amount appropriated under this paragraph in Representatives and the Senate within 60 Health Centers Program pursuant to section this Act, not less than $15,000,000,000 shall be days of enactment of this Act on a com- 330 of the PHS Act (42 U.S.C. 254b), maintain- for States, localities, territories, tribes, trib- prehensive coronavirus vaccine distribution ing current health center capacity and staff- al organizations, urban Indian health organi- strategy and spend plan that includes how ing levels during a public health emergency zations, or health service providers to tribes existing infrastructure will be leveraged, en- as a result of the coronavirus and any re- for necessary expenses for testing, contact hancements or new infrastructure that may newal of such declaration pursuant to such tracing, surveillance, containment, and miti- be built, considerations for moving and stor- section 319 shall be deemed a cost of preven- gation, including support for workforce, epi- ing vaccines, guidance for how States and tion, diagnosis, and treatment of demiology, use by employers, elementary health care providers should prepare for, coronavirus: Provided further, That and secondary schools, child care facilities, store, and administer vaccines, nationwide $250,000,000 of the funds appropriated under institutions of higher education, long-term vaccination targets, funding that will be dis- this paragraph in this Act shall be trans- care facilities, or in other settings, scale up tributed to States, how an informational ferred to ‘‘Health Resources and Services Ad- of testing by public health, academic, com- campaign to both the public and health care ministration—Bureau of Health Workforce’’, mercial, and hospital laboratories, and com- providers will be executed, and how the vac- to remain available until September 30, 2022, munity-based testing sites, health care fa- cine distribution plan will focus efforts on for supplements to existing payments under cilities, and other entities engaged in high risk, underserved, and minority popu- subsections 340E(a) and (h)(1) notwith- COVID–19 testing, and other related activi- lations: Provided further, That such plan standing the cap imposed by subsection (h)(1) ties related to COVID–19 testing, contact shall be updated and provided to the Com- and notwithstanding subsection (h)(6), for tracing, surveillance, containment, and miti- mittees on Appropriations of the House of Children’s Hospitals Graduate Medical Edu- gation: Provided further, That the amount Representatives and the Senate 90 days after cation, to prevent, prepare for, and respond identified in the preceding proviso shall be submission of the first plan: Provided further, to coronavirus, domestically or internation- allocated to States, localities, and terri- That the Secretary shall notify the Commit- ally: Provided further, That $5,000,000 of the tories according to the formula that applied tees on Appropriations of the House of Rep- funds appropriated under this paragraph in to the Public Health Emergency Prepared- resentatives and the Senate 2 days in ad- this Act shall be transferred to ‘‘Health Re- ness cooperative agreement in fiscal year vance of any obligation in excess of sources and Services Administration—Health 2019: Provided further, That not less than $50,000,000, including but not limited to con- Care Systems’’, to remain available until $500,000,000 shall be allocated in coordination tracts and interagency agreements, from September 30, 2022, for activities under sec- with the Director of the Indian Health Serv- funds provided in this paragraph in this Act: tions 1271 and 1273 of the PHS Act to improve ice, to tribes, tribal organizations, urban In- Provided further, That funds appropriated the capacity of poison control centers to re- dian health organizations, or health service under this paragraph in this Act may be used spond to increased calls: Provided further, providers to tribes: Provided further, That the for the construction, alteration, or renova- That of the amount appropriated under this Secretary of Health and Human Services (re- tion of non-federally owned facilities for the paragraph in this Act, $225,000,000 shall be for ferred to in this paragraph as the ‘‘Sec- production of vaccines, therapeutics, grants or other mechanisms, to rural health retary’’) may satisfy the funding thresholds diagnostics, and medical supplies where the clinics as defined in section 1861(aa)(2) of the outlined in the first and third provisos under Secretary determines that such a contract is Social Security Act with such funds also this paragraph in this Act by making awards necessary to secure sufficient amounts of available to such entities for building or con- through other grant or cooperative agree- such supplies: Provided further, That the not struction of temporary structures, leasing of ment mechanisms: Provided further, That the later than 30 days after enactment of this properties, and retrofitting facilities as nec- Governor or designee of each State, locality, Act, and every 30 days thereafter until funds essary to support COVID–19 testing: Provided territory, tribe, or tribal organization re- are expended, the Secretary shall report to further, That such funds shall be distributed ceiving funds pursuant to this title shall up- the Committees on Appropriations of the using the procedures developed for the Pro- date their plans, as applicable, for COVID–19 House of Representatives and the Senate on vider Relief Fund authorized under the third testing and contact tracing submitted to the uses of funding for Operation Warp Speed, paragraph under this heading in division B of Secretary pursuant to the Paycheck Protec- detailing current obligations by Department the Coronavirus Aid, Relief, and Economic tion Program and Health Care Enhancement or Agency, or component thereof broken out Security Act (Public Law 116–136); may be Act (Public Law 116–139) and submit such up- by the coronavirus supplemental appropria- distributed using contracts or agreements dates to the Secretary not later than 60 days tions Act that provided the source of funds: established for such program; and shall be after funds appropriated in this paragraph in Provided further, That the plan outlined in subject to the process requirements applica- this Act have been awarded to such recipi- the previous proviso shall include funding by ble to such program: Provided further, That ent: Provided further, That funds an entity contract, grant, or other transaction in ex- the Secretary may specify a minimum receives from amounts described in the first cess of $20,000,000 with a notation of which amount for each eligible entity accepting as- proviso in this paragraph may also be used Department or Agency, and component sistance under the two previous provisos: for the rent, lease, purchase, acquisition, thereof is managing the contract: Provided Provided further, That of the amount made construction, alteration, renovation, or further, That such amount is designated by available under this heading in this Act to equipping of non-federally owned facilities to the Congress as being for an emergency re- prevent, prepare for, and respond to improve coronavirus preparedness and requirement pursuant to section 251(b)(2)(A)(i) coronavirus, $5,000,000, shall be available to sponse capability at the State and local of the Balanced Budget and Emergency Def- implement section 747A of the PHS Act and level: Provided further, That such amount is icit Control Act of 1985. section 747A(c) shall not apply to these designated by the Congress as being for an For an additional amount for ‘‘Public funds: Provided further, That such amount is emergency requirement pursuant to section Health and Social Services Emergency designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and Fund’’, $8,085,000,000, to remain available emergency requirement pursuant to section Emergency Deficit Control Act of 1985. until September 30, 2022, to prevent, prepare 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Public for, and respond to coronavirus, domestically Emergency Deficit Control Act of 1985. Health and Social Services Emergency or internationally: Provided, That For an additional amount for ‘‘Public Fund’’, $25,000,000,000, to remain available $7,600,000,000 of the funds appropriated under Health and Social Services Emergency until expended, to prevent, prepare for, and this paragraph in this Act shall be trans- Fund’’, $16,000,000,000, to remain available respond to coronavirus, domestically or ferred to ‘‘Health Resources and Services Ad- until expended, to prevent, prepare for, and internationally, which shall be for necessary ministration—Primary Health Care’’ for respond to coronavirus, domestically or expenses to reimburse, through grants or grants, cooperative agreements, and other internationally, which shall be for necessary other mechanisms, eligible health care pro- necessary expenses under the Health Centers expenses for testing, contact tracing, sur- viders for health care related expenses or Program, as defined by section 330 of the veillance, containment, and mitigation to lost revenues that are attributable to PHS Act, including funding for alteration, monitor and suppress COVID–19, including coronavirus: Provided, That these funds may renovation, construction, equipment, and tests for both active infection and prior ex- not be used to reimburse expenses or losses other capital improvement costs, and includ- posure, including molecular, antigen, and se- that have been reimbursed from other ing funding to support, maintain, or increase rological tests, the manufacturing, procure- sources or that other sources are obligated health center capacity and staffing levels, as ment and distribution of tests, testing equip- to reimburse: Provided further, That recipi- necessary, to meet the needs of areas af- ment and testing supplies, including per- ents of payments under this paragraph shall fected by coronavirus: Provided further, That sonal protective equipment needed for ad- submit reports and maintain documentation sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), ministering tests, the development and vali- as the Secretary determines are needed to and 330(e)(6)(B)(iii) of the PHS Act shall not dation of rapid, molecular point-of-care ensure compliance with conditions that are apply to funds in the preceding proviso: Pro- tests, and other tests, support for workforce, imposed by this paragraph for such pay- vided further, That funding made available epidemiology, to scale up academic, commer- ments, and such reports and documentation under this paragraph in this Act shall not be cial, public health, and hospital laboratories, shall be in such form, with such content, and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4785 in such time as the Secretary may prescribe preparation for, or response to coronavirus, Services Emergency Fund’’, ‘‘Administration for such purpose: Provided further, That ‘‘eli- domestically and internationally, subject to for Children and Families’’, ‘‘Administration gible health care providers’’ means public prior notification to the Committees on Ap- for Community Living’’, and ‘‘National Insti- entities, Medicare or Medicaid enrolled sup- propriations of the House of Representatives tutes of Health’’ to prevent, prepare for, and pliers and providers, and such for-profit enti- and the Senate: Provided, That such individ- respond to coronavirus following consulta- ties and not-for-profit entities not otherwise uals may not be deemed employees of the tion with the Office of Management and described in this proviso as the Secretary United States for the purpose of any law ad- Budget: Provided, That the Committees on may specify, within the United States (in- ministered by the Office of Personnel Man- Appropriations of the House of Representa- cluding territories), that provide diagnoses, agement: Provided further, That the author- tives and the Senate shall be notified 10 days testing, or care for individuals with possible ity made available pursuant to this section in advance of any such transfer: Provided fur- or actual cases of COVID–19: Provided further, shall expire on September 30, 2024. ther, That, upon a determination that all or That the Secretary of Health and Human SEC. ll12. (a) If services performed by an part of the funds transferred from an appro- Services shall, on a rolling basis, review ap- employee during 2020 are determined by the priation by this subtitle are not necessary, plications and make payments under this head of the agency to be primarily related to such amounts may be transferred back to paragraph in this Act: Provided further, That preparation, prevention, or response to that appropriation: Provided further, That funds appropriated under this paragraph in coronavirus, any premium pay for such serv- none of the funds made available by this sub- this Act shall be available for building or ices shall be disregarded in calculating the title may be transferred pursuant to the au- construction of temporary structures, leas- aggregate of such employee’s basic pay and thority in section 205 of division A of Public ing of properties, medical supplies and equip- premium pay for purposes of a limitation Law 116–94 or section 241(a) of the PHS Act. SEC. ll15. Of the funds appropriated by ment including personal protective equip- under section 5547(a) of title 5, United States this subtitle under the heading ‘‘Public ment and testing supplies, increased work- Code, or under any other provision of law, Health and Social Services Emergency force and trainings, emergency operation whether such employee’s pay is paid on a bi- Fund’’, up to $6,000,000 shall be transferred centers, retrofitting facilities, and surge ca- weekly or calendar year basis. to, and merged with, funds made available (b) Any overtime pay for such services pacity: Provided further, That, in this para- under the heading ‘‘Office of the Secretary, shall be disregarded in calculating any an- graph, the term ‘‘payment’’ means a pre-pay- Office of Inspector General’’, and shall re- ment, prospective payment, or retrospective nual limit on the amount of overtime pay main available until expended, for oversight payment, as determined appropriate by the payable in a calendar or fiscal year. of activities supported with funds appro- (c) With regard to such services, any pay Secretary: Provided further, That payments priated to the Department of Health and under this paragraph shall be made in con- that is disregarded under either subsection Human Services to prevent, prepare for, and sideration of the most efficient payment sys- (a) or (b) shall be disregarded in calculating respond to coronavirus, domestically or tems practicable to provide emergency pay- such employee’s aggregate pay for purposes internationally: Provided, That the Inspector ment: Provided further, That to be eligible for of the limitation in section 5307 of such title General of the Department of Health and a payment under this paragraph, an eligible 5. Human Services shall consult with the Com- health care provider shall submit to the Sec- (d)(1) Pay that is disregarded under sub- mittees on Appropriations of the House of retary of Health and Human Services an ap- section (a) or (b) shall not cause the aggre- Representatives and the Senate prior to obli- plication that includes a statement justi- gate of the employee’s basic pay and pre- gating such funds: Provided further, That the fying the need of the provider for the pay- mium pay for the applicable calendar year to transfer authority provided by this section is ment and the eligible health care provider exceed the rate of basic pay payable for a po- in addition to any other transfer authority shall have a valid tax identification number: sition at level II of the Executive Schedule provided by law. Provided further, That, not later than 3 years under section 5313 of title 5, United States SEC. ll16. Funds made available in Public after final payments are made under this Code, as in effect at the end of such calendar Law 113–235 to the accounts of the National paragraph, the Office of Inspector General of year. Institutes of Health that were available for the Department of Health and Human Serv- (2) For purposes of applying this subsection obligation through fiscal year 2015 are to re- ices shall transmit a final report on audit to an employee who would otherwise be sub- main available through fiscal year 2021 for findings with respect to this program to the ject to the premium pay limits established the liquidation of valid obligations incurred Committees on Appropriations of the House under section 5547 of title 5, United States in fiscal year 2015: Provided, That such of Representatives and the Senate: Provided Code, ‘‘premium pay’’ means the premium amount is designated by the Congress as further, That nothing in this section limits pay paid under the provisions of law cited in being for an emergency requirement pursu- the authority of the Inspector General or the section 5547(a). ant to section 251(b)(2)(A)(i) of the Balanced Comptroller General to conduct audits of in- (3) For purposes of applying this subsection Budget and Emergency Deficit Control Act terim payments at an earlier date: Provided to an employee under a premium pay limit of 1985. further, That not later than 60 days after the established under an authority other than SEC. ll17. Section 675B(b)(3) of the Com- date of enactment of this Act, the Secretary section 5547 of title 5, United States Code, munity Services Block Grant Act (42 U.S.C. of Health and Human Services shall provide the agency responsible for administering 9906(b)(3)) shall not apply with respect to a report to the Committees on Appropria- such limit shall determine what payments funds appropriated by the Coronavirus Aid, tions of the House of Representatives and are considered premium pay. Relief, and Economic Security Act (Public the Senate on obligation of funds, including (e) This section shall take effect as if en- Law 116–136) to carry out the Community obligations to such eligible health care pro- acted on February 2, 2020. Services Block Grant Act (42 U.S.C. 9901 et (f) If application of this section results in seq.): , That the amounts repurposed viders summarized by State of the payment Provided the payment of additional premium pay to a in this section that were previously des- receipt: Provided further, That such reports covered employee of a type that is normally ignated by the Congress as an emergency re- shall be updated and submitted to such Com- creditable as basic pay for retirement or any quirement pursuant to the Balanced Budget mittees every 60 days until funds are ex- other purpose, that additional pay shall and Emergency Deficit Control Act of 1985 pended: Provided further, That such amount not— are designated by the Congress as an emer- is designated by the Congress as being for an (1) be considered to be basic pay of the cov- gency requirement pursuant to section emergency requirement pursuant to section ered employee for any purpose; or 251(b)(2)(A)(i) of the Balanced Budget and 251(b)(2)(A)(i) of the Balanced Budget and (2) be used in computing a lump-sum pay- Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985. ment to the covered employee for accumu- Subtitle C—Education GENERAL PROVISIONS lated and accrued annual leave under section DEPARTMENT OF EDUCATION (INCLUDING TRANSFER OF FUNDS) 5551 or section 5552 of title 5, United States EDUCATION STABILIZATION FUND SEC. ll10. Funds appropriated by this Code. For an additional amount for ‘‘Education subtitle may be used by the Secretary of the SEC. ll13. The paragraph codified at 42 Department of Health and Human Services U.S.C. 231 shall be applied in this and all Stabilization Fund’’, $105,000,000,000, to re- to appoint, without regard to the provisions other fiscal years as though the phrase ‘‘cen- main available through September 30, 2021, of sections 3309 through 3319 of title 5 of the tral services’’ referred to central services for to prevent, prepare for, and respond to United States Code, candidates needed for any Federal agency, and this section shall be coronavirus, domestically or internationally: Provided, That such amount is des- positions to perform critical work relating effective as if enacted on the date of enact- ignated by the Congress as being for an to coronavirus for which— ment of such paragraph. emergency requirement pursuant to section (1) public notice has been given; and SEC. ll14. Funds appropriated by this 251(b)(2)(A)(i) of the Balanced Budget and (2) the Secretary of Health and Human subtitle to the heading ‘‘Department of Emergency Deficit Control Act of 1985. Services has determined that such a public Health and Human Services’’ except for the health threat exists. amounts specified in the third, and fourth GENERAL PROVISIONS SEC. ll11. Funds made available by this paragraphs under the heading ‘‘Public EDUCATION STABILIZATION FUND subtitle may be used to enter into contracts Health and Social Services Emergency SEC. ll21. (a) ALLOCATIONS.—From the with individuals for the provision of personal Fund’’, may be transferred to, and merged amount made available under this heading in services (as described in section 104 of part 37 with, other appropriation accounts under the this Act to carry out the Education Sta- of title 48, Code of Federal Regulations (48 headings ‘‘Centers for Disease Control and bilization Fund, the Secretary shall first al- CFR 37.104)) to support the prevention of, Prevention’’, ‘‘Public Health and Social locate—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4786 CONGRESSIONAL RECORD — SENATE August 4, 2020 (1) not more than one half of 1 percent to receiving funding provided in this title, in have its allocation reduced on a pro rata the outlying areas on the basis of the terms such manner and with such subsequent fre- basis as determined by the Governor. and conditions for funding provided under quency as the Secretary may require, that (d) PLAN CONTENTS.—A school reopening this heading in the Coronavirus Aid, Relief, provides a detailed accounting of the use of plan submitted to a Governor under sub- and Economic Security (CARES) Act (Public funds provided under this section. section (c)(2) shall include, in addition to any other information necessary to meet the Law 116–136); and ELEMENTARY AND SECONDARY SCHOOL criteria determined by the Governor— (2) one-half of 1 percent for the Secretary EMERGENCY RELIEF FUND of the Interior for programs operated or (1) A detailed timeline for when the local SEC. ll23. (a) GRANTS.—From funds refunded by the Bureau of Indian Education, educational agency will provide in-person in- served under section ll21(b)(2) of this title, struction, including the goals and criteria under the terms and conditions established the Secretary shall make supplemental ele- for funding provided under this heading in used for providing full-time in-person in- mentary and secondary school emergency re- struction to all students; the CARES Act (Public Law 116–136). lief grants to each State educational agency (b) RESERVATIONS.—After carrying out sub- (2) A description of how many days of in- with an approved application under section person instruction per calendar week the section (a), the Secretary shall reserve the 18003 of division B of the CARES Act (Public remaining funds made available as follows: local educational agency plans to offer to Law 116–136). The Secretary shall award students during the 2020–2021 school year; (1) 5 percent to carry out section ll22 of funds under this section to each State edu- this title. and cational agency with an approved applica- (3) An assurance that the local educational (2) 67 percent to carry out section ll23 of tion within 15 calendar days of enactment of this title. agency will offer students as much in-person this Act. instruction as is safe and practicable, con- (3) 28 percent to carry out section ll24 of (b) ALLOCATIONS TO STATES.—The amount this title. sistent with maintaining safe and contin- of each grant under subsection (a) shall be uous operations aligned with challenging GOVERNOR’S EMERGENCY EDUCATION RELIEF allocated by the Secretary to each State in state academic standards. FUND the same proportion as each State received (e) USES OF FUNDS.— SEC. ll22. (a) GRANTS.—From funds re- under part A of title I of the ESEA of 1965 in (1) A local educational agency or non-pub- served under section ll21(b)(1) of this title, the most recent fiscal year. lic school that receives funds under sub- the Secretary shall make supplemental (c) SUBGRANTS.—From the payment pro- section (c)(1) or section ll25 may use funds Emergency Education Relief grants to the vided by the Secretary under subsection (b), for any of the following: Governor of each State with an approved ap- the State educational agency shall provide (A) Activities to support returning to in- plication under section 18002 of division B of services and assistance to local educational person instruction, including purchasing per- the CARES Act (Public Law 116–136). The agencies and non-public schools, consistent sonal protective equipment, implementing Secretary shall award funds under this sec- with the provisions of this subtitle. After flexible schedules to keep children in iso- tion to the Governor of each State with an carrying out the reservation of funds in sec- lated groups, purchasing box lunches so that approved application within 30 calendar days tion ll25 of this title, each State shall allo- children can eat in their classroom, pur- of enactment of this Act. cate not less than 90 percent of the remain- chasing physical barriers, providing addi- (b) ALLOCATIONS.—The amount of each ing grant funds awarded to the State under tional transportation services, repurposing grant under subsection (a) shall be allocated this section as subgrants to local edu- existing school rooms and space, and improv- by the Secretary to each State as follows: cational agencies (including charter schools ing ventilation systems. (1) 60 percent on the basis of their relative that are local educational agencies) in the (B) Developing and implementing proce- population of individuals aged 5 through 24. State in proportion to the amount of funds dures and systems to improve the prepared- (2) 40 percent on the basis of their relative such local educational agencies and charter ness and response efforts of local educational number of children counted under section schools that are local educational agencies agencies or non-public schools including co- 1124(c) of the Elementary and Secondary received under part A of title I of the ESEA ordination with State, local, Tribal, and ter- Education Act of 1965 (referred to under this of 1965 in the most recent fiscal year. The ritorial public health departments, and other heading as ‘‘ESEA’’). state educational agency shall make such relevant agencies, to improve coordinated (c) USES OF FUNDS.—Grant funds awarded subgrants to local educational agencies as responses among such entities to prevent, under subsection (b) may be used to— follows— prepare for, and respond to coronavirus. (1) provide emergency support through (1) one-third of funds shall be awarded not (C) Providing principals and other school grants to local educational agencies that the less than 15 calendar days after receiving an leaders with the resources necessary to ad- State educational agency deems have been award from the Secretary under this section; dress the needs of their individual schools di- most significantly impacted by coronavirus and rectly related to coronavirus. to support the ability of such local edu- (2) the remaining two-thirds of funds shall (D) Providing additional services to ad- cational agencies to continue to provide edu- be awarded only after the local educational dress the unique needs of low-income chil- cational services to their students and to agency submits to the Governor and the dren or students, children with disabilities, support the on-going functionality of the Governor approves a comprehensive school English learners, racial and ethnic minori- local educational agency; reopening plan for the 2020–2021 school-year, ties, students experiencing homelessness, (2) provide emergency support through based on criteria determined by the Gov- and foster care youth, including how out- grants to institutions of higher education ernor in consultation with the state edu- reach and service delivery will meet the serving students within the State that the cational agency (including criteria for the needs of each population. Governor determines have been most signifi- Governor to carry out subparagraph (A) (E) Training and professional development cantly impacted by coronavirus to support through (C)), that describes how the local for staff of the local educational agency or the ability of such institutions to continue educational agency will safely reopen non-public school on sanitation and mini- to provide educational services and support schools with the physical presence of stu- mizing the spread of infectious diseases. the on-going functionality of the institution; dents, consistent with maintaining safe and (F) Purchasing supplies to sanitize, clean, and continuous operations aligned with chal- and disinfect the facilities of a local edu- (3) provide support to any other institution lenging state academic standards. The Gov- cational agency or non-public school, includ- of higher education, local educational agen- ernor shall approve such plans within 30 days ing buildings operated by such agency. cy, or education related entity within the after the plan is submitted, subject to the re- (G) Planning for and coordinating during State that the Governor deems essential for quirements in subparagraphs (A) through long-term closures, including for how to pro- carrying out emergency educational services (C). vide meals to eligible students, how to pro- to students for authorized activities de- (A) A local educational agency that provide technology for online learning to all scribed in section ll23(e) of this title, the vides in-person instruction for at least 50 students, how to provide guidance for car- ESEA of 1965, the Higher Education Act of percent of its students where the students rying out requirements under the Individuals 1965, the provision of child care and early physically attend school no less than 50 per- with Disabilities Education Act (20 U.S.C. childhood education, social and emotional cent of each school-week, as it was defined 1401 et seq.) and how to ensure other edu- support, career and technical education, by the local educational agency prior to the cational services can continue to be provided adult education, and the protection of edu- coronavirus emergency, shall have its plan consistent with all Federal, State, and local cation-related jobs. automatically approved. requirements. (d) REALLOCATION.—Each Governor shall (B) A local educational agency that does (H) Purchasing educational technology (in- return to the Secretary any funds received not provide in-person instruction to any stu- cluding hardware, software, and under this section that the Governor does dents where the students physically attend connectivity) for students who are served by not award within 6 months of receiving such school in-person shall not be eligible to re- the local educational agency or non-public funds and the Secretary shall reallocate such ceive a subgrant under paragraph (2). school that aids in regular and substantive funds to the remaining States in accordance (C) A local educational agency that pro- educational interaction between students with subsection (b). vides in-person instruction to at least some and their classroom instructors, including (e) REPORT.—A Governor receiving funds students where the students physically at- low-income students and students with dis- under this section shall submit a report to tend school in-person but does not satisfy abilities, which may include assistive tech- the Secretary, not later than 6 months after the requirements in subparagraph (A) shall nology or adaptive equipment.

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(I) Expanding healthcare and other health (g) ASSURANCES.—A State, state edu- (B) 10 percent according to the relative services (including mental health services cational agency, or local educational agency share of full-time equivalent enrollment of and supports), including for children at risk receiving funding under this section shall students who were not Federal Pell Grant re- of abuse or neglect. provide assurances, as applicable, that: cipients who were not exclusively enrolled in (J) Planning and implementing activities (1) A State, State educational agency, or distance education courses prior to the related to summer learning and supple- local educational agency will maintain and coronavirus emergency. mental afterschool programs, including pro- expand access to high-quality schools, in- (2) 10 percent for additional awards under viding classroom instruction or online learn- cluding high-quality public charter schools, parts A and B of title III, parts A and B of ing during the summer months and address- and will not— title V, and subpart 4 of part A of title VII ing the needs of low-income students, stu- (A) enact policies to close or prevent the of the Higher Education Act to address needs dents with disabilities, English learners, mi- expansion of such schools to address revenue directly related to coronavirus, that shall be grant students, students experiencing home- shortfalls that result in the disproportionate in addition to awards made in section lessness, and children in foster care. closure or denial of expansion of public char- ll24(a)(1) of this title, and allocated by the (2) A local educational agency that re- ter schools that are otherwise meeting the Secretary proportionally to such programs ceives funds under subsection (c)(2) may use terms of their charter for academic achieve- based on the relative share of funding appro- the funds for activities to carry out a comment; or priated to such programs in the Further Con- prehensive school reopening plan as de- (B) disproportionally reduce funding to solidated Appropriations Act, 2020 (Public scribed in this section, including: charter schools or otherwise increase fund- Law 116–94) and distributed to eligible insti- (A) Purchasing personal protective equip- ing gaps between charter schools and other tutions of higher education, except as other- ment, implementing flexible schedules to public schools in the local educational agen- wise provided in subparagraphs (A)–(D), on keep children in isolated groups, purchasing cy. the basis of the formula described in section box lunches so that children can eat in their (2) Allocations of funding and services pro- ll24(a)(1) of this title: classroom, purchasing physical barriers, provided from funds provided in this section to (A) Except as otherwise provided in sub- viding additional transportation services, public charter schools are made on the same paragraph (B), for eligible institutions under repurposing existing school rooms and space, basis as is used for all public schools, con- part B of title III and subpart 4 of part A of and improving ventilation systems. sistent with state law and in consultation title VII of the Higher Education Act, the (B) Developing and implementation of pro- with charter school leaders. Secretary shall allot to each eligible institu- cedures and systems to improve the pre- (h) REPORT.—A State receiving funds under tion an amount using the following formula: paredness and response efforts of local edu- this section shall submit a report to the Sec- (i) 70 percent according to a ratio equiva- cational agencies or non-public schools, in- retary, not later than 6 months after receiv- lent to the number of Pell Grant recipients cluding coordination with State, local, Trib- ing funding provided in this title, in such in attendance at such institution at the end al, and territorial public health departments, manner and with such subsequent frequency of the school year preceding the beginning of and other relevant agencies, to improve co- as the Secretary may require, that provides the most recent fiscal year and the total ordinated responses among such entities to a detailed accounting of the use of funds pro- number of Pell Grant recipients at all such prevent, prepare for, and respond to vided under this section. institutions; (ii) 20 percent according to a ratio equiva- coronavirus. (i) REALLOCATION.—A State shall return to lent to the total number of students enrolled (C) Providing principals and others school the Secretary any funds received under this at such institution at the end of the school leaders with the resources necessary to ad- section that the State does not award within year preceding the beginning of that fiscal dress the needs of their individual schools. 4 months of receiving such funds and the year and the number of students enrolled at (D) Providing additional services to ad- Secretary shall deposit such funds into the all such institutions; and dress the unique needs of low-income chil- general fund of the Treasury. (iii) 10 percent according to a ratio equiva- dren or students, children with disabilities, (j) RULE OF CONSTRUCTION.— lent to the total endowment size at all eligi- English learners, racial and ethnic minori- (1) The receipt of any funds authorized or ble institutions at the end of the school year ties, students experiencing homelessness, appropriated under this section, including preceding the beginning of that fiscal year and foster care youth, including how out- pursuant to section ll25 of this Act, by a nonprofit entity, or by any individual who and the total endowment size at such insti- reach and service delivery will meet the tutions; needs of each population. has been admitted or applied for admission to such entity (or any parent or guardian of (B) For eligible institutions under section (E) Training and professional development 326 of the Higher Education Act, the Sec- such individual), shall not be construed to for staff of the local educational agency or retary shall allot to each eligible institution render such entity or person a recipient of non-public school on sanitation and mini- an amount in proportion to the award re- Federal financial assistance for any purpose, mizing the spread of infectious diseases. ceived from funding for such institutions in nor shall any such person or entity be re- (F) Purchasing supplies to sanitize, clean, the Further Consolidated Appropriations quired to make any alteration to its existing and disinfect the facilities of a local edu- Act, 2020 (Public Law 116–94); programs, facilities, or employment prac- cational agency or non-public school, includ- (C) For eligible institutions under section tices except as required under this section. ing buildings operated by such agency. 316 of the Higher Education Act, the Sec- (2) No State participating in any program (G) Purchasing educational technology (in- retary shall allot funding according to the under this section, including pursuant to cluding hardware, software, and formula in section 316(d)(3) of the Higher section ll25 of this Act, shall impose any connectivity) for students who are served by Education Act; and penalty or additional requirement upon, or the local educational agency or non-public (D) Notwithstanding section 318(f) of the otherwise disadvantage, such entity or per- school that aids in regular and substantive Higher Education Act, for eligible institu- son as a consequence or condition of its re- educational interaction between students tions under section 318 of the Higher Edu- ceipt of such funds. and their classroom instructors, including cation Act, the Secretary shall allot funding (3) No State participating in any program low-income students and students with dis- according to the formula in section 318(e) of under this section shall authorize any person abilities, which may include assistive tech- the Higher Education Act. or entity to use any funds authorized or ap- nology or adaptive equipment. (3) 5 percent for grants to institutions of propriated under this section, including pur- (H) Expanding healthcare and other health higher education that the Secretary deter- suant to section ll25 of this Act, except as services (including mental health services mines, through an application process and provided by subsection (e), nor shall any and supports), including for children at risk after allocating funds under paragraphs such State impose any limits upon the use of of abuse or neglect. 24(a)(1) and (2) of this Act, have the any such funds except as provided by sub- ll (I) Planning and implementing activities greatest unmet needs related to coronavirus. section (e). related to summer learning and supple- In awarding funds to institutions of higher mental afterschool programs, including pro- HIGHER EDUCATION EMERGENCY RELIEF FUND education under this paragraph the Sec- viding classroom instruction during the sum- SEC. ll24. (a) IN GENERAL.—From funds retary shall prioritize institutions of higher mer months and addressing the needs of low- reserved under section ll21(b)(3) of this education— income students, students with disabilities, title the Secretary shall allocate amounts as (A) described under title I of the Higher English learners, migrant students, students follows: Education Act of 1965 that were not eligible experiencing homelessness, and children in (1) 85 percent to each institution of higher to receive an award under section ll24(a)(1) foster care. education described in section 101 or section of this title, including institutions described (f) STATE FUNDING.—A State may reserve 102(c) of the Higher Education Act of 1965 to in section 102(b) of the Higher Education Act not more than 5 percent of the funds not oth- prevent, prepare for, and respond to of 1965; and erwise allocated under subsection (c) and coronavirus, by apportioning it— (B) that otherwise demonstrate significant section ll25 for administrative costs and (A) 90 percent according to the relative needs related to coronavirus that were not the remainder for emergency needs as deter- share of full-time equivalent enrollment of addressed by funding allocated under sub- mined by the state educational agency to ad- Federal Pell Grant recipients who were not sections (a)(1) or (a)(2) of this section. dress issues responding to coronavirus, exclusively enrolled in distance education (b) DISTRIBUTION.—The funds made avail- which may be addressed through the use of courses prior to the coronavirus emergency; able to each institution under subsection grants or contracts. and (a)(1) shall be distributed by the Secretary

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Upon reserving funds under this title shall include assurances that the State otherwise distributes funding to each insti- section, the Governor of the State shall will maintain support for elementary and tution under title IV of the Higher Edu- award such funds equally to each non-public secondary education, and State support for cation Act of 1965 (20 U.S.C. 1001 et seq.). school accredited or otherwise located in and higher education (which shall include State (c) USES OF FUNDS.—An institution of high- licensed to operate in the State based on the funding to institutions of higher education er education receiving funds under this sec- number of low-income students enrolled in and state need-based financial aid, and shall tion may use the funds received to: the non-public school as a share of all low-in- not include support for capital projects or (1) defray expenses associated with come students enrolled in non-public ele- for research and development or tuition and coronavirus (including lost revenue, reim- mentary and secondary schools in the State fees paid by students) in fiscal years 2020 and bursement for expenses already incurred, prior to the coronavirus emergency, subject 2021 at least at the proportional levels of technology costs associated with a transi- to the requirements in subsection (b). such State’s support for elementary and section to distance education, faculty and staff (b)(1) A non-public school that provides in- ondary education and for higher education trainings, and payroll); and person instruction for at least 50 percent of relative to such States overall spending in (2) provide financial aid grants to students its students where the students physically fiscal year 2019. attend school no less than 50 percent of each (including students exclusively enrolled in STUDENT AID ADMINISTRATION school-week, as determined by the non-pub- distance education), which may be used for For an additional amount for ‘‘Student Aid any component of the student’s cost of at- lic school prior to the coronavirus emergency, shall be eligible for the full amount of Administration’’, $40,000,000, to remain avail- tendance or for emergency costs that arise assistance per student as prescribed under able through September 30, 2021, to prevent, due to coronavirus. this section. prepare for, and respond to coronavirus, do- (d) SPECIAL PROVISIONS.— (2) A non-public school that does not pro- mestically or internationally, for carrying (1) A Historically Black College and Uni- vide in-person instruction to any students out part D of title I, and subparts 1, 3, 9 and versity or a Minority Serving Institution where the students physically attend school 10 of part A, and parts B, C, D, and E of title may use prior awards provided under titles in-person shall only be eligible for one-third IV of the HEA, and subpart 1 of part A of III, V, and VII of the Higher Education Act of the amount of assistance per student as title VII of the Public Health Service Act: to prevent, prepare for, and respond to prescribed under this section. Provided, That such amount is designated by coronavirus. (3) A non-public school that provides in- the Congress as being for an emergency re- (2) An institution of higher education re- person instruction to at least some students quirement pursuant to section 251(b)(2)(A)(i) ceiving funds under section 18004 of division where the students physically attend school of the Balanced Budget and Emergency Def- B of the CARES Act (Public Law 116–136) in-person but does not satisfy the require- icit Control Act of 1985. may use those funds under the terms and ments in paragraph (1) shall have its amount INSTITUTE OF EDUCATION SCIENCES conditions of section ll24(c) of this Act. of assistance as prescribed under this section For an additional amount for ‘‘Institute of Amounts repurposed pursuant to this para- reduced on a pro rata basis, which shall be Education Sciences’’, $65,000,000, to remain graph that were previously designated by the calculated using the same methodology as is available through September 30, 2021, to pre- Congress as an emergency requirement pur- used under section ll23(c)(2)(C) of this vent, prepare for, and respond to suant to the Balanced Budget and Emer- title. coronavirus, domestically or internation- gency Deficit Control Act of 1985 are des- (4) A Governor shall allocate not less than ally, for carrying out the National Assess- ignated by the Congress as an emergency re- 50 percent of the funds reserved in this sec- ment of Educational Progress Authorization tion to non-public schools within 30 days of quirement pursuant to section 251(b)(2)(A)(i) Act (title III of Public Law 107–279): Provided, receiving an award from the Secretary and of the Balanced Budget and Emergency Def- That such amount is designated by the Con- the remaining 50 percent not less than 4 icit Control Act of 1985. gress as being for an emergency requirement months after receiving an award from the (3) No funds received by an institution of pursuant to section 251(b)(2)(A)(i) of the Bal- Secretary. higher education under this section shall be anced Budget and Emergency Deficit Control used to fund contractors for the provision of CONTINUED PAYMENT TO EMPLOYEES Act of 1985. pre-enrollment recruitment activities; en- SEC. ll26. A local educational agency, DEPARTMENTAL MANAGEMENT dowments; or capital outlays associated with State, institution of higher education, or facilities related to athletics, sectarian in- other entity that receives funds under ‘‘Edu- PROGRAM ADMINISTRATION struction, or religious worship. cation Stabilization Fund’’, shall to the For an additional amount for ‘‘Program (4) An institution of higher education that greatest extent practicable, continue to pay Administration’’, $8,000,000, to remain avail- was required to remit payment to the Inter- its employees and contractors during the pe- able through September 30, 2021, to prevent, nal Revenue Service for the excise tax based riod of any disruptions or closures related to prepare for, and respond to coronavirus, do- on investment income of private colleges and coronavirus. mestically or internationally: Provided, That universities under section 4968 of the Inter- DEFINITIONS such amount is designated by the Congress as being for an emergency requirement pur- nal Revenue Code of 1986 for tax year 2019 SEC. ll27. Except as otherwise provided shall have their allocation under this section in sections ll21–ll26 of this title, as used suant to section 251(b)(2)(A)(i) of the Bal- reduced by 50 percent and may only use in such sections— anced Budget and Emergency Deficit Control funds for activities described in paragraph (1) the terms ‘‘elementary education’’ and Act of 1985. (c)(2). This paragraph shall not apply to an ‘‘secondary education’’ have the meaning OFFICE OF INSPECTOR GENERAL institution of higher education designated by given such terms under State law; For an additional amount for ‘‘Office of In- the Secretary as an eligible institution (2) the term ‘‘institution of higher edu- spector General’’, $7,000,000, to remain avail- under section 448 of the Higher Education cation’’ has the meaning given such term in able through September 30, 2022, to prevent, Act of 1965. title I of the Higher Education Act of 1965 (20 prepare for, and respond to coronavirus, do- (e) REPORT.—An institution receiving U.S.C. 1001 et seq.); mestically or internationally, including for funds under this section shall submit a re- (3) the term ‘‘Secretary’’ means the Sec- salaries and expenses necessary for oversight port to the Secretary, not later than 6 retary of Education; and audit of programs, grants, and projects months after receiving funding provided in (4) the term ‘‘State’’ means each of the 50 funded in this title to respond to this title, in such manner and with such sub- States, the District of Columbia, and the coronavirus: Provided, That such amount is sequent frequency as the Secretary may re- Commonwealth of Puerto Rico; designated by the Congress as being for an quire, that provides a detailed accounting of (5) the term ‘‘cost of attendance’’ has the emergency requirement pursuant to section the use of funds provided under this section. meaning given such term in section 472 of 251(b)(2)(A)(i) of the Balanced Budget and (f) REALLOCATION.—Any funds allocated to the Higher Education Act of 1965; Emergency Deficit Control Act of 1985. an institution of higher education under this (6) the term ‘‘Non-public school’’ means a GENERAL PROVISIONS section on the basis of a formula described in non-public elementary and secondary school SEC. ll29. Funds made available in Public subsection (a)(1) or (a)(2) but for which an in- that (A) is accredited, licensed, or otherwise Law 115–245 under the heading ‘‘National stitution does not apply for funding within operates in accordance with State law; and Technical Institute for the Deaf’’ that were 60 days of the publication of the notice invit- (B) was in existence prior to the date of the available for obligation through fiscal year ing applications, shall be reallocated to eli- qualifying emergency for which grants are 2019, and where a valid obligation was in- gible institutions that had submitted an ap- awarded under this section; curred in such fiscal year, are to remain plication by such date. (7) the term ‘‘public school’’ means a pub- available for obligation and expenditure by ASSISTANCE TO NON-PUBLIC SCHOOLS lic elementary or secondary school; and educational agencies or institutions through SEC. ll25. (a) FUNDS AVAILABILITY.—From (8) any other term used that is defined in fiscal year 2021, notwithstanding section the payment provided by the Secretary section 8101 of the Elementary and Sec- 412(b) of the General Education Provisions under section ll23 of this title to a State ondary Education Act of 1965 (20 U.S.C. 7801) Act (20 U.S.C. 1225): Provided, That such educational agency, the State educational shall have the meaning given the term in amount is designated by the Congress as agency shall reserve an amount of funds such section. being for an emergency requirement pursu- equal to the percentage of students enrolled MAINTENANCE OF EFFORT ant to section 251(b)(2)(A)(i) of the Balanced in non-public elementary and secondary SEC. ll28. A State’s application for funds Budget and Emergency Deficit Control Act schools in the State prior to the coronavirus to carry out sections ll22 or ll23 of this of 1985.

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SEC. ll30. Funds made available in Public Service—Operating Expenses’’ in title IV of 251(b)(2)(A)(i) of the Balanced Budget and Law 115–245 under the heading ‘‘Gallaudet division A of the Further Consolidated Ap- Emergency Deficit Control Act of 1985. University’’ that were available for obliga- propriations Act, 2020 (Public Law 116–94), tion through fiscal year 2019, and where a are hereby permanently rescinded, and an NATIONAL INSTITUTE OF DIABETES AND valid obligation was incurred in such fiscal amount of additional new budget authority DIGESTIVE AND KIDNEY DISEASES year, are to remain available for obligation equivalent to the amount rescinded is hereby For an additional amount for ‘‘National In- and expenditure by educational agencies or appropriated on September 30, 2020, to re- stitute of Diabetes and Digestive and Kidney institutions through fiscal year 2021, not- main available until September 30, 2021, and Diseases’’, $200,000,000, to remain available withstanding section 412(b) of the General shall be available for the same purposes, in until September 30, 2024, to prevent, prepare Education Provisions Act (20 U.S.C. 1225): addition to other funds as may be available for, and respond to coronavirus, domestically Provided, That such amount is designated by for such purposes, and under the same au- or internationally: Provided, That such the Congress as being for an emergency re- thorities for which the funds were originally amount is designated by the Congress as quirement pursuant to section 251(b)(2)(A)(i) provided in Public Law 116–94: Provided, That being for an emergency requirement pursu- of the Balanced Budget and Emergency Def- any amounts appropriated by the preceding ant to section 251(b)(2)(A)(i) of the Balanced icit Control Act of 1985. proviso shall not be subject to the allotment Budget and Emergency Deficit Control Act SEC. ll31. Funds made available in Public requirements otherwise applicable under sec- of 1985. Law 113–76 under the heading ‘‘Innovation tions 129(a), (b), (d), and (e) of the National and Improvement’’ that were available for and Community Service Act of 1993: Provided NATIONAL INSTITUTE OF ALLERGY AND obligation through December 31, 2014 for the further, That such amount is designated by INFECTIOUS DISEASES Investing in Innovation program pursuant to the Congress as being for an emergency re- For an additional amount for ‘‘National In- the eighth and ninth provisos under that quirement pursuant to section 251(b)(2)(A)(i) stitute of Allergy and Infectious Diseases’’, heading in that Act are to remain available of the Balanced Budget and Emergency Def- $480,555,000, to remain available until Sep- through fiscal year 2021 for the liquidation of icit Control Act of 1985. tember 30, 2024, to prevent, prepare for, and valid obligations incurred in fiscal years 2014 (b)(1) Subsection (b) of section 3514 of title respond to coronavirus, domestically or or 2015: Provided, That such amount is des- III of division A of the CARES Act (Public internationally: Provided, That $55,000,000 ignated by the Congress as being for an Law 116–136) is hereby repealed, and shall be shall be for Regional Biocontainment Lab- emergency requirement pursuant to section applied hereafter as if such subsection had oratories: Provided further, That funding pro- 251(b)(2)(A)(i) of the Balanced Budget and never been enacted. vided in the previous proviso shall be divided Emergency Deficit Control Act of 1985. (2)(A) IN GENERAL.—The amounts provided evenly among the eleven laboratories: Pro- SEC. ll32. Funds made available in Public under this subsection are designated as an vided further, That such amount is des- Law 113–76 under the heading ‘‘Rehabilita- emergency requirement pursuant to section ignated by the Congress as being for an tion Services and Disability Research’’ that 4(g) of the Statutory Pay-As-You-Go Act of emergency requirement pursuant to section were available for obligation through fiscal 2010 (2 U.S.C. 933(g)). 251(b)(2)(A)(i) of the Balanced Budget and year 2015 for the Automated Personalization (B) DESIGNATION IN SENATE.—In the Senate, Emergency Deficit Control Act of 1985. Computing Project pursuant to the first four this subsection is designated as an emer- provisos under that heading in that Act are gency requirement pursuant to section EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE to remain available through fiscal year 2021 4112(a) of H. Con. Res. 71 (115th Congress), the OF CHILD HEALTH AND HUMAN DEVELOPMENT for the liquidation of valid obligations in- concurrent resolution on the budget for fis- For an additional amount for ‘‘Eunice Ken- curred in fiscal years 2014 or 2015: Provided, cal year 2018. nedy Shriver National Institute of Child That such amount is designated by the Con- (C) CLASSIFICATION OF BUDGETARY EF- Health and Human Development’’, gress as being for an emergency requirement FECTS.—Notwithstanding Rule 3 of the Budg- $172,680,000, to remain available until Sep- pursuant to section 251(b)(2)(A)(i) of the Bal- et Scorekeeping Guidelines set forth in the tember 30, 2024, to prevent, prepare for, and anced Budget and Emergency Deficit Control joint explanatory statement of the com- respond to coronavirus, domestically or Act of 1985. mittee of conference accompanying Con- internationally: Provided, That such amount Subtitle D—Related Matters ference Report 105–217 and section 250(c)(7) is designated by the Congress as being for an and (c)(8) of the Balanced Budget and Emer- emergency requirement pursuant to section RELATED AGENCIES gency Deficit Control Act of 1985, the budg- 251(b)(2)(A)(i) of the Balanced Budget and CORPORATION FOR PUBLIC BROADCASTING etary effects of this subsection— Emergency Deficit Control Act of 1985. For an additional amount for ‘‘Corporation (i) shall not be estimated for purposes of NATIONAL INSTITUTE OF MENTAL HEALTH for Public Broadcasting,’’ $175,000,000, to re- section 251 of such Act; main available until September 30, 2021, to (ii) shall not be estimated for purposes of For an additional amount for ‘‘National In- prevent, prepare for, and respond to paragraph (4)(C) of section 3 of the Statutory stitute of Mental Health’’, $200,000,000, to re- coronavirus, including for fiscal stabilization Pay As-You-Go Act of 2010 as being included main available until September 30, 2024, to grants to public telecommunications enti- in an appropriation Act; and prevent, prepare for, and respond to ties, as defined by 47 U.S.C. 397(12), with no (iii) shall be treated as if they were con- coronavirus, domestically or internation- deduction for administrative or other costs tained in a PAYGO Act, as defined by section ally: Provided, That such amount is des- of the Corporation, to maintain program- 3(7) of the Statutory Pay-As-You-Go Act of ignated by the Congress as being for an ming and services and preserve small and 2010 (2 U.S.C. 932(7)). emergency requirement pursuant to section rural stations threatened by declines in non- 251(b)(2)(A)(i) of the Balanced Budget and Federal revenues: Provided, That such SA 2522. Mr. BLUNT (for himself, Emergency Deficit Control Act of 1985. amount is designated by the Congress as Mrs. CAPITO, and Mrs. HYDE-SMITH) NATIONAL INSTITUTE ON MINORITY HEALTH AND being for an emergency requirement pursu- submitted an amendment intended to HEALTH DISPARITIES ant to section 251(b)(2)(A)(i) of the Balanced be proposed to amendment SA 2499 pro- Budget and Emergency Deficit Control Act For an additional amount for ‘‘National In- posed by Mr. MCCONNELL to the bill S. of 1985. stitute on Minority Health and Health Dis- 178, to condemn gross human rights parities’’, $64,334,000, to remain available GENERAL PROVISIONS—THIS TITLE violations of ethnic Turkic Muslims in until September 30, 2024, to prevent, prepare SEC. ll41. Not later than 30 days after the Xinjiang, and calling for an end to ar- for, and respond to coronavirus, domestically date of enactment of this Act, the Secre- or internationally: Provided, That such taries of Labor, Health and Human Services, bitrary detention, torture, and harassment of these communities inside and amount is designated by the Congress as and Education shall provide a detailed spend being for an emergency requirement pursu- plan of anticipated uses of funds made avail- outside China; which was ordered to lie ant to section 251(b)(2)(A)(i) of the Balanced able in this title, including estimated per- on the table; as follows: Budget and Emergency Deficit Control Act sonnel and administrative costs, to the Com- At the appropriate place, insert the fol- of 1985. mittees on Appropriations of the House of lowing: NATIONAL CENTER FOR ADVANCING Representatives and the Senate: Provided, DEPARTMENT OF HEALTH AND HUMAN TRANSLATIONAL SCIENCES That such plans shall be updated and sub- SERVICES mitted to such Committees every 60 days For an additional amount for ‘‘National NATIONAL INSTITUTES OF HEALTH until September 30, 2024: Provided further, Center for Advancing Translational That the spend plans shall be accompanied NATIONAL HEART, LUNG, AND BLOOD INSTITUTE Sciences’’, $1,224,750,000, to remain available by a listing of each contract obligation in- For an additional amount for ‘‘National until September 30, 2024, to prevent, prepare curred that exceeds $5,000,000 which has not Heart, Lung, and Blood Institute’’, for, and respond to coronavirus, domestically previously been reported, including the $290,000,000, to remain available until Sep- or internationally: Provided, That such amount of each such obligation. tember 30, 2024, to prevent, prepare for, and amount is designated by the Congress as SEC. ll42. (a) The remaining unobligated respond to coronavirus, domestically or being for an emergency requirement pursu- balances of funds as of September 30, 2020, internationally: Provided, That such amount ant to section 251(b)(2)(A)(i) of the Balanced from amounts provided under the heading is designated by the Congress as being for an Budget and Emergency Deficit Control Act ‘‘Corporation for National and Community emergency requirement pursuant to section of 1985.

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OFFICE OF THE DIRECTOR able under this paragraph in this Act to re- of Representatives and the Senate 2 days in (INCLUDING TRANSFER OF FUNDS) spond to an outbreak or pandemic related to advance of any obligation in excess of coronavirus in quantities determined by the $50,000,000, including but not limited to con- For an additional amount for ‘‘Office of the Secretary to be adequate to address the pub- tracts and interagency agreements, from Director’’, $12,905,337,000, to remain available lic health need: Provided further, That prod- funds provided in this paragraph in this Act: until September 30, 2024, to prevent, prepare ucts purchased by the Federal government Provided further, That funds appropriated for, and respond to coronavirus, domestically with funds made available under this para- under this paragraph in this Act may be used or internationally: Provided, That not less graph in this Act, including vaccines, thera- for the construction, alteration, or renova- than $10,100,000,000 of the amount provided peutics, and diagnostics, shall be purchased tion of non-federally owned facilities for the under this heading in this Act shall be for in accordance with Federal Acquisition Reg- production of vaccines, therapeutics, offsetting the costs related to reductions in ulation guidance on fair and reasonable pric- diagnostics, and medical supplies where the lab productivity resulting from the ing: Provided further, That the Secretary may Secretary determines that such a contract is coronavirus pandemic or public health meas- take such measures authorized under current necessary to secure sufficient amounts of ures related to the coronavirus pandemic: law to ensure that vaccines, therapeutics, such supplies: Provided further, That the not Provided further, That $1,325,337,000 of the and diagnostics developed from funds pro- later than 30 days after enactment of this amount provided under this heading in this vided in this title will be affordable in the Act, and every 30 days thereafter until funds Act shall be to support additional scientific commercial market: Provided further, That in are expended, the Secretary shall report to research or the programs and platforms that carrying out the previous proviso, the Sec- the Committees on Appropriations of the support research: Provided further, That retary shall not take actions that delay the House of Representatives and the Senate on $1,240,000,000 of the amount provided under development of such products: Provided fur- uses of funding for Operation Warp Speed, this heading in this Act shall be provided to ther, That the Secretary shall ensure that detailing current obligations by Department accelerate the research and development of protections remain for individuals enrolled or Agency, or component thereof broken out therapeutic interventions and vaccines in in group or individual health care coverage by the coronavirus supplemental appropria- partnership: Provided further, that no less with pre-existing conditions, including those tions Act that provided the source of funds: than $240,000,000 of the amount provided linked to coronavirus: Provided further, That Provided further, That the plan outlined in under this heading in this Act shall be for products purchased with funds appropriated the previous proviso shall include funding by supplements to existing research training under this paragraph in this Act may, at the contract, grant, or other transaction in ex- awards for extensions and other costs: Pro- discretion of the Secretary of Health and cess of $20,000,000 with a notation of which vided further, That funds available under this Human Services, be deposited in the Stra- Department or Agency, and component heading in this Act may be transferred to tegic National Stockpile under section 319F– thereof is managing the contract: Provided the accounts of Institutes and Centers of the 2 of the Public Health Service Act: Provided further, That the Secretary shall enter into NIH: Provided further, That this transfer au- further, That funds appropriated under this an agreement with the National Academies thority is in addition to any other transfer paragraph in this Act may be transferred to, of Sciences, Engineering, and Medicine authority available to the NIH: Provided fur- and merged with, the fund authorized by sec- (‘‘Academies’’) to develop a decision frame- ther, That such amount is designated by the tion 319F–4, the Covered Counter measure work to assist domestic and global health Congress as being for an emergency require- Process Fund, of the Public Health Service authorities in planning an equitable dis- ment pursuant to section 251(b)(2)(A)(i) of Act: Provided further, That of the amount ap- tribution of coronavirus vaccines: Provided the Balanced Budget and Emergency Deficit propriated under this paragraph in this Act, further, That the Academies, in developing Control Act of 1985. $20,000,000,000 shall be available to the Bio- the framework, shall consider equity criteria medical Advanced Research and Develop- which may include consideration of risk fac- SA 2523. Mr. BLUNT (for himself and ment Authority for necessary expenses of tors related to health disparities and health Mr. DAINES) submitted an amendment manufacturing, production, and purchase, at care access, underlying health conditions, intended to be proposed to amendment the discretion of the Secretary, of vaccines, conditions faced by racial and ethnic minori- SA 2499 proposed by Mr. MCCONNELL to therapeutics, diagnostics, and small mol- ties, individuals in higher-risk occupations, the bill S. 178, to condemn gross human ecule active pharmaceutical ingredients, in- and first responders, geographic distribution cluding the development, translation, and of the coronavirus, and vaccine hesitancy: rights violations of ethnic Turkic Mus- demonstration at scale of innovations in Provided further, That the Academies shall lims in Xinjiang, and calling for an end manufacturing platforms: Provided further, provide recommendations on vaccine dis- to arbitrary detention, torture, and That funds in the previous proviso may be tribution to the Advisory Committee on Im- harassment of these communities in- used for the construction or renovation of munization Practices not later than Sep- side and outside China; which was or- U.S.-based next generation manufacturing tember 18, 2020: Provided further, That the dered to lie on the table; as follows: facilities, other than facilities owned by the agreement shall provide for an ongoing as- United States Government: Provided further, sessment by the Academies of how vaccine At the appropriate place, insert the fol- That of the amount provided under this distribution meets equity criteria and rec- lowing: heading in this Act, $6,000,000,000 shall be for ommendations for how vaccine distribution TITLE ll— activities to plan, prepare for, promote, dismay better align with such criteria as appli- DEPARTMENT OF HEALTH AND HUMAN tribute, administer, monitor, and track cable, which shall inform the Advisory Com- SERVICES coronavirus vaccines to ensure broad-based mittee on Immunization Practices’s OFFICE OF THE SECRETARY distribution, access, and vaccine coverage: prioritization recommendations and vaccine Provided further, That the Secretary shall co- distribution activities: Provided further, That PUBLIC HEALTH AND SOCIAL SERVICES ordinate funding and activities outlined in such amount is designated by the Congress EMERGENCY FUND the previous proviso through the Director of as being for an emergency requirement pur- (INCLUDING TRANSFER OF FUNDS) CDC: Provided further, That the Secretary, suant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘Public through the Director of CDC, shall report to anced Budget and Emergency Deficit Control Health and Social Services Emergency the Committees on Appropriations of the Act of 1985. Fund’’, $26,000,000,000, to remain available House of Representatives and the Senate until September 30, 2024, to prevent, prepare within 60 days of enactment of this Act on a SA 2524. Mr. BLUNT (for himself and for, and respond to coronavirus, domestically comprehensive coronavirus vaccine distribu- Mr. ALEXANDER) submitted an amend- or internationally, including the develop- tion strategy and spend plan that includes ment intended to be proposed to ment of necessary countermeasures and vac- how existing infrastructure will be lever- amendment SA 2499 proposed by Mr. cines, prioritizing platform-based tech- aged, enhancements or new infrastructure MCCONNELL to the bill S. 178, to con- nologies with U.S.-based manufacturing ca- that may be built, considerations for moving demn gross human rights violations of pabilities, the purchase of vaccines, thera- and storing vaccines, guidance for how peutics, diagnostics, necessary medical sup- States and health care providers should pre- ethnic Turkic Muslims in Xinjiang, and plies, as well as medical surge capacity, ad- pare for, store, and administer vaccines, na- calling for an end to arbitrary deten- dressing blood supply chain, workforce mod- tionwide vaccination targets, funding that tion, torture, and harassment of these ernization, telehealth access and infrastruc- will be distributed to States, how an infor- communities inside and outside China; ture, initial advanced manufacturing, novel mational campaign to both the public and which was ordered to lie on the table; dispensing, enhancements to the U.S. Com- health care providers will be executed, and as follows: missioned Corps, and other preparedness and how the vaccine distribution plan will focus At the appropriate place, insert the fol- response activities: Provided, That funds ap- efforts on high risk, underserved, and minor- lowing: propriated under this paragraph in this Act ity populations: Provided further, That such TITLE — may be used to develop and demonstrate in- plan shall be updated and provided to the ll novations and enhancements to manufac- Committees on Appropriations of the House DEPARTMENT OF EDUCATION turing platforms to support such capabili- of Representatives and the Senate 90 days EDUCATION STABILIZATION FUND ties: Provided further, That the Secretary of after submission of the first plan: Provided For an additional amount for ‘‘Education Health and Human Services shall purchase further, That the Secretary shall notify the Stabilization Fund’’, $105,000,000,000, to re- vaccines developed using funds made avail- Committees on Appropriations of the House main available through September 30, 2021,

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.045 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4791 to prevent, prepare for, and respond to 1965, the provision of child care and early physically attend school no less than 50 per- coronavirus, domestically or internation- childhood education, social and emotional cent of each school-week, as it was defined ally: Provided, That such amount is des- support, career and technical education, by the local educational agency prior to the ignated by the Congress as being for an adult education, and the protection of edu- coronavirus emergency, shall have its plan emergency requirement pursuant to section cation-related jobs. automatically approved. 251(b)(2)(A)(i) of the Balanced Budget and (d) REALLOCATION.—Each Governor shall (B) A local educational agency that does Emergency Deficit Control Act of 1985. return to the Secretary any funds received not provide in-person instruction to any stu- GENERAL PROVISIONS under this section that the Governor does dents where the students physically attend not award within 6 months of receiving such school in-person shall not be eligible to re- EDUCATION STABILIZATION FUND funds and the Secretary shall reallocate such ceive a subgrant under paragraph (2). SEC. ll11. (a) ALLOCATIONS.— From the funds to the remaining States in accordance (C) A local educational agency that pro- amount made available under this heading in with subsection (b). vides in-person instruction to at least some this Act to carry out the Education Sta- (e) REPORT.—A Governor receiving funds students where the students physically at- bilization Fund, the Secretary shall first al- under this section shall submit a report to tend school in-person but does not satisfy locate— the Secretary, not later than 6 months after the requirements in subparagraph (A) shall (1) not more than one half of 1 percent to receiving funding provided in this title, in have its allocation reduced on a pro rata the outlying areas on the basis of the terms such manner and with such subsequent fre- basis as determined by the Governor. and conditions for funding provided under quency as the Secretary may require, that (d) PLAN CONTENTS.—A school reopening this heading in the Coronavirus Aid, Relief, provides a detailed accounting of the use of plan submitted to a Governor under sub- and Economic Security (CARES) Act (Public funds provided under this section. section (c)(2) shall include, in addition to any other information necessary to meet the Law 116–136); and ELEMENTARY AND SECONDARY SCHOOL criteria determined by the Governor— (2) one-half of 1 percent for the Secretary EMERGENCY RELIEF FUND of the Interior for programs operated or (1) A detailed timeline for when the local funded by the Bureau of Indian Education, SEC. ll13. (a) GRANTS.—From funds re- educational agency will provide in-person in- under the terms and conditions established served under section ll11(b)(2) of this title, struction, including the goals and criteria for funding provided under this heading in the Secretary shall make supplemental ele- used for providing full-time in-person in- the CARES Act (Public Law 116–136). mentary and secondary school emergency re- struction to all students; lief grants to each State educational agency (b) RESERVATIONS.—After carrying out sub- (2) A description of how many days of in- section (a), the Secretary shall reserve the with an approved application under section person instruction per calendar week the remaining funds made available as follows: 18003 of division B of the CARES Act (Public local educational agency plans to offer to Law 116–136). The Secretary shall award (1) 5 percent to carry out section ll12 of students during the 2020–2021 school year; this title. funds under this section to each State edu- and cational agency with an approved applica- (2) 67 percent to carry out section ll13 of (3) An assurance that the local educational this title. tion within 15 calendar days of enactment of agency will offer students as much in-person this Act. (3) 28 percent to carry out section ll14 of instruction as is safe and practicable, con- (b) ALLOCATIONS TO STATES.—The amount this title. sistent with maintaining safe and contin- of each grant under subsection (a) shall be uous operations aligned with challenging GOVERNOR’S EMERGENCY EDUCATION RELIEF allocated by the Secretary to each State in state academic standards. FUND the same proportion as each State received (e) USES OF FUNDS.— SEC. ll12. (a) GRANTS.—From funds re- under part A of title I of the ESEA of 1965 in (1) A local educational agency or non-pub- served under section ll11(b)(1) of this title, the most recent fiscal year. lic school that receives funds under sub- the Secretary shall make supplemental (c) SUBGRANTS.—From the payment pro- section (c)(1) or section ll15 may use funds Emergency Education Relief grants to the vided by the Secretary under subsection (b), for any of the following: Governor of each State with an approved ap- the State educational agency shall provide (A) Activities to support returning to in- plication under section 18002 of division B of services and assistance to local educational person instruction, including purchasing per- the CARES Act (Public Law 116–136). The agencies and non-public schools, consistent sonal protective equipment, implementing Secretary shall award funds under this sec- with the provisions of this title relating to flexible schedules to keep children in iso- tion to the Governor of each State with an the Department of Education. After carrying lated groups, purchasing box lunches so that approved application within 30 calendar days out the reservation of funds in section ll15 children can eat in their classroom, pur- of enactment of this Act. of this title, each State shall allocate not chasing physical barriers, providing addi- (b) ALLOCATIONS.—The amount of each less than 90 percent of the remaining grant tional transportation services, repurposing grant under subsection (a) shall be allocated funds awarded to the State under this sec- existing school rooms and space, and improv- by the Secretary to each State as follows: tion as subgrants to local educational agen- ing ventilation systems. (1) 60 percent on the basis of their relative cies (including charter schools that are local (B) Developing and implementing proce- population of individuals aged 5 through 24. educational agencies) in the State in propor- dures and systems to improve the prepared- (2) 40 percent on the basis of their relative tion to the amount of funds such local edu- ness and response efforts of local educational number of children counted under section cational agencies and charter schools that agencies or non-public schools including co- 1124(c) of the Elementary and Secondary are local educational agencies received under ordination with State, local, Tribal, and ter- Education Act of 1965 (referred to under this part A of title I of the ESEA of 1965 in the ritorial public health departments, and other heading as ‘‘ESEA’’). most recent fiscal year. The state edu- relevant agencies, to improve coordinated (c) USES OF FUNDS.—Grant funds awarded cational agency shall make such subgrants responses among such entities to prevent, under subsection (b) may be used to— to local educational agencies as follows— prepare for, and respond to coronavirus. (1) provide emergency support through (1) one-third of funds shall be awarded not (C) Providing principals and other school grants to local educational agencies that the less than 15 calendar days after receiving an leaders with the resources necessary to ad- State educational agency deems have been award from the Secretary under this section; dress the needs of their individual schools di- most significantly impacted by coronavirus and rectly related to coronavirus. to support the ability of such local edu- (2) the remaining two-thirds of funds shall (D) Providing additional services to ad- cational agencies to continue to provide edu- be awarded only after the local educational dress the unique needs of low-income chil- cational services to their students and to agency submits to the Governor and the dren or students, children with disabilities, support the on-going functionality of the Governor approves a comprehensive school English learners, racial and ethnic minori- local educational agency; reopening plan for the 2020–2021 school-year, ties, students experiencing homelessness, (2) provide emergency support through based on criteria determined by the Gov- and foster care youth, including how out- grants to institutions of higher education ernor in consultation with the state edu- reach and service delivery will meet the serving students within the State that the cational agency (including criteria for the needs of each population. Governor determines have been most signifi- Governor to carry out subparagraph (A) (E) Training and professional development cantly impacted by coronavirus to support through (C)), that describes how the local for staff of the local educational agency or the ability of such institutions to continue educational agency will safely reopen non-public school on sanitation and mini- to provide educational services and support schools with the physical presence of stu- mizing the spread of infectious diseases. the on-going functionality of the institution; dents, consistent with maintaining safe and (F) Purchasing supplies to sanitize, clean, and continuous operations aligned with chal- and disinfect the facilities of a local edu- (3) provide support to any other institution lenging state academic standards. The Gov- cational agency or non-public school, includ- of higher education, local educational agen- ernor shall approve such plans within 30 days ing buildings operated by such agency. cy, or education related entity within the after the plan is submitted, subject to the re- (G) Planning for and coordinating during State that the Governor deems essential for quirements in subparagraphs (A) through long-term closures, including for how to pro- carrying out emergency educational services (C). vide meals to eligible students, how to pro- to students for authorized activities de- (A) A local educational agency that provide technology for online learning to all scribed in section ll13(e) of this title, the vides in-person instruction for at least 50 students, how to provide guidance for car- ESEA of 1965, the Higher Education Act of percent of its students where the students rying out requirements under the Individuals

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.045 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4792 CONGRESSIONAL RECORD — SENATE August 4, 2020 with Disabilities Education Act (20 U.S.C. mer months and addressing the needs of low- title the Secretary shall allocate amounts as 1401 et seq.) and how to ensure other edu- income students, students with disabilities, follows: cational services can continue to be provided English learners, migrant students, students (1) 85 percent to each institution of higher consistent with all Federal, State, and local experiencing homelessness, and children in education described in section 101 or section requirements. foster care. 102(c) of the Higher Education Act of 1965 to (H) Purchasing educational technology (in- (f) STATE FUNDING.—A State may reserve prevent, prepare for, and respond to cluding hardware, software, and not more than 5 percent of the funds not oth- coronavirus, by apportioning it— connectivity) for students who are served by erwise allocated under subsection (c) and (A) 90 percent according to the relative the local educational agency or non-public section ll15 for administrative costs and share of full-time equivalent enrollment of school that aids in regular and substantive the remainder for emergency needs as deter- Federal Pell Grant recipients who were not educational interaction between students mined by the state educational agency to ad- exclusively enrolled in distance education and their classroom instructors, including dress issues responding to coronavirus, courses prior to the coronavirus emergency; low-income students and students with dis- which may be addressed through the use of and abilities, which may include assistive tech- grants or contracts. (B) 10 percent according to the relative nology or adaptive equipment. (g) ASSURANCES.—A State, state edu- share of full-time equivalent enrollment of (I) Expanding healthcare and other health cational agency, or local educational agency students who were not Federal Pell Grant re- services (including mental health services receiving funding under this section shall cipients who were not exclusively enrolled in and supports), including for children at risk provide assurances, as applicable, that: distance education courses prior to the of abuse or neglect. (1) A State, State educational agency, or coronavirus emergency. (J) Planning and implementing activities local educational agency will maintain and (2) 10 percent for additional awards under related to summer learning and supple- expand access to high-quality schools, in- parts A and B of title III, parts A and B of mental afterschool programs, including pro- cluding high-quality public charter schools, title V, and subpart 4 of part A of title VII viding classroom instruction or online learn- and will not— of the Higher Education Act to address needs ing during the summer months and address- (A) enact policies to close or prevent the directly related to coronavirus, that shall be ing the needs of low-income students, stu- expansion of such schools to address revenue in addition to awards made in section dents with disabilities, English learners, mi- shortfalls that result in the disproportionate ll14(a)(1) of this title, and allocated by the grant students, students experiencing home- closure or denial of expansion of public char- Secretary proportionally to such programs lessness, and children in foster care. ter schools that are otherwise meeting the based on the relative share of funding appro- (2) A local educational agency that re- terms of their charter for academic achieve- priated to such programs in the Further Con- ceives funds under subsection (c)(2) may use ment; or solidated Appropriations Act, 2020 (Public the funds for activities to carry out a com- (B) disproportionally reduce funding to Law 116–94) and distributed to eligible insti- prehensive school reopening plan as de- charter schools or otherwise increase fund- tutions of higher education, except as other- scribed in this section, including: ing gaps between charter schools and other wise provided in subparagraphs (A)–(D), on (A) Purchasing personal protective equip- public schools in the local educational agen- the basis of the formula described in section ment, implementing flexible schedules to cy. ll14(a)(1) of this title: keep children in isolated groups, purchasing (2) Allocations of funding and services pro- (A) Except as otherwise provided in sub- box lunches so that children can eat in their vided from funds provided in this section to paragraph (B), for eligible institutions under classroom, purchasing physical barriers, pro- public charter schools are made on the same part B of title III and subpart 4 of part A of viding additional transportation services, basis as is used for all public schools, con- title VII of the Higher Education Act, the repurposing existing school rooms and space, sistent with state law and in consultation Secretary shall allot to each eligible institu- and improving ventilation systems. with charter school leaders. tion an amount using the following formula: (B) Developing and implementation of pro- (h) REPORT.—A State receiving funds under (i) 70 percent according to a ratio equiva- cedures and systems to improve the pre- this section shall submit a report to the Sec- lent to the number of Pell Grant recipients paredness and response efforts of local edu- retary, not later than 6 months after receiv- in attendance at such institution at the end cational agencies or non-public schools, ining funding provided in this title, in such of the school year preceding the beginning of cluding coordination with State, local, Trib- manner and with such subsequent frequency the most recent fiscal year and the total al, and territorial public health departments, as the Secretary may require, that provides number of Pell Grant recipients at all such and other relevant agencies, to improve co- a detailed accounting of the use of funds pro- institutions; ordinated responses among such entities to vided under this section. (ii) 20 percent according to a ratio equiva- prevent, prepare for, and respond to (i) REALLOCATION.—A State shall return to lent to the total number of students enrolled coronavirus. the Secretary any funds received under this at such institution at the end of the school (C) Providing principals and others school section that the State does not award within year preceding the beginning of that fiscal leaders with the resources necessary to ad- 4 months of receiving such funds and the year and the number of students enrolled at dress the needs of their individual schools. Secretary shall deposit such funds into the all such institutions; and (D) Providing additional services to ad- general fund of the Treasury. (iii) 10 percent according to a ratio equiva- dress the unique needs of low-income chil- (j) RULE OF CONSTRUCTION.— lent to the total endowment size at all eligi- dren or students, children with disabilities, (1) The receipt of any funds authorized or ble institutions at the end of the school year English learners, racial and ethnic minori- appropriated under this section, including preceding the beginning of that fiscal year ties, students experiencing homelessness, pursuant to section ll15 of this Act, by a and the total endowment size at such insti- and foster care youth, including how out- nonprofit entity, or by any individual who tutions; reach and service delivery will meet the has been admitted or applied for admission (B) For eligible institutions under section needs of each population. to such entity (or any parent or guardian of 326 of the Higher Education Act, the Sec- (E) Training and professional development such individual), shall not be construed to retary shall allot to each eligible institution for staff of the local educational agency or render such entity or person a recipient of an amount in proportion to the award re- non-public school on sanitation and mini- Federal financial assistance for any purpose, ceived from funding for such institutions in mizing the spread of infectious diseases. nor shall any such person or entity be re- the Further Consolidated Appropriations (F) Purchasing supplies to sanitize, clean, quired to make any alteration to its existing Act, 2020 (Public Law 116–94); and disinfect the facilities of a local edu- programs, facilities, or employment prac- (C) For eligible institutions under section cational agency or non-public school, includ- tices except as required under this section. 316 of the Higher Education Act, the Sec- ing buildings operated by such agency. (2) No State participating in any program retary shall allot funding according to the (G) Purchasing educational technology (in- under this section, including pursuant to formula in section 316(d)(3) of the Higher cluding hardware, software, and section ll15 of this Act, shall impose any Education Act; and connectivity) for students who are served by penalty or additional requirement upon, or (D) Notwithstanding section 318(f) of the the local educational agency or non-public otherwise disadvantage, such entity or per- Higher Education Act, for eligible institu- school that aids in regular and substantive son as a consequence or condition of its re- tions under section 318 of the Higher Edu- educational interaction between students ceipt of such funds. cation Act, the Secretary shall allot funding and their classroom instructors, including (3) No State participating in any program according to the formula in section 318(e) of low-income students and students with dis- under this section shall authorize any person the Higher Education Act. abilities, which may include assistive tech- or entity to use any funds authorized or ap- (3) 5 percent for grants to institutions of nology or adaptive equipment. propriated under this section, including pur- higher education that the Secretary deter- (H) Expanding healthcare and other health suant to section ll15 of this Act, except as mines, through an application process and services (including mental health services provided by subsection (e), nor shall any after allocating funds under paragraphs and supports), including for children at risk such State impose any limits upon the use of ll14(a)(1) and (2) of this Act, have the of abuse or neglect. any such funds except as provided by sub- greatest unmet needs related to coronavirus. (I) Planning and implementing activities section (e). In awarding funds to institutions of higher related to summer learning and supple- HIGHER EDUCATION EMERGENCY RELIEF FUND education under this paragraph the Sec- mental afterschool programs, including pro- SEC. ll14. (a) IN GENERAL.—From funds retary shall prioritize institutions of higher viding classroom instruction during the sum- reserved under section ll11(b)(3) of this education—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.045 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4793 (A) described under title I of the Higher ing applications, shall be reallocated to eli- operates in accordance with State law; and Education Act of 1965 that were not eligible gible institutions that had submitted an ap- (B) was in existence prior to the date of the to receive an award under section ll14(a)(1) plication by such date. qualifying emergency for which grants are of this title, including institutions described ASSISTANCE TO NON-PUBLIC SCHOOLS awarded under this section; in section 102(b) of the Higher Education Act (7) the term ‘‘public school’’ means a pub- SEC. ll15. (a) FUNDS AVAILABILITY.—From of 1965; and lic elementary or secondary school; and the payment provided by the Secretary (B) that otherwise demonstrate significant (8) any other term used that is defined in under section ll13 of this title to a State needs related to coronavirus that were not section 8101 of the Elementary and Sec- educational agency, the State educational addressed by funding allocated under sub- ondary Education Act of 1965 (20 U.S.C. 7801) agency shall reserve an amount of funds sections (a)(1) or (a)(2) of this section. shall have the meaning given the term in equal to the percentage of students enrolled (b) DISTRIBUTION.—The funds made avail- such section. in non-public elementary and secondary able to each institution under subsection MAINTENANCE OF EFFORT (a)(1) shall be distributed by the Secretary schools in the State prior to the coronavirus SEC. ll18. A State’s application for funds using the same systems as the Secretary emergency. Upon reserving funds under this section, the Governor of the State shall to carry out sections ll12 or ll13 of this otherwise distributes funding to each insti- title shall include assurances that the State tution under title IV of the Higher Edu- award such funds equally to each non-public school accredited or otherwise located in and will maintain support for elementary and cation Act of 1965 (20 U.S.C. 1001 et seq.). secondary education, and State support for (c) USES OF FUNDS.—An institution of high- licensed to operate in the State based on the higher education (which shall include State er education receiving funds under this sec- number of low-income students enrolled in funding to institutions of higher education tion may use the funds received to: the non-public school as a share of all low-in- and state need-based financial aid, and shall (1) defray expenses associated with come students enrolled in non-public ele- not include support for capital projects or coronavirus (including lost revenue, reim- mentary and secondary schools in the State for research and development or tuition and bursement for expenses already incurred, prior to the coronavirus emergency, subject fees paid by students) in fiscal years 2020 and technology costs associated with a transi- to the requirements in subsection (b). 2021 at least at the proportional levels of tion to distance education, faculty and staff (b)(1) A non-public school that provides in- such State’s support for elementary and sec- trainings, and payroll); and person instruction for at least 50 percent of ondary education and for higher education (2) provide financial aid grants to students its students where the students physically attend school no less than 50 percent of each relative to such States overall spending in (including students exclusively enrolled in fiscal year 2019. distance education), which may be used for school-week, as determined by the non-pub- any component of the student’s cost of at- lic school prior to the coronavirus emer- STUDENT AID ADMINISTRATION tendance or for emergency costs that arise gency, shall be eligible for the full amount of For an additional amount for ‘‘Student Aid due to coronavirus. assistance per student as prescribed under Administration’’, $40,000,000, to remain avail- (d) SPECIAL PROVISIONS.— this section. able through September 30, 2021, to prevent, (1) A Historically Black College and Uni- (2) A non-public school that does not pro- prepare for, and respond to coronavirus, do- versity or a Minority Serving Institution vide in-person instruction to any students mestically or internationally, for carrying may use prior awards provided under titles where the students physically attend school out part D of title I, and subparts 1, 3, 9 and III, V, and VII of the Higher Education Act in-person shall only be eligible for one-third 10 of part A, and parts B, C, D, and E of title to prevent, prepare for, and respond to of the amount of assistance per student as IV of the HEA, and subpart 1 of part A of coronavirus. prescribed under this section. title VII of the Public Health Service Act: (2) An institution of higher education re- (3) A non-public school that provides in- Provided, That such amount is designated by ceiving funds under section 18004 of division person instruction to at least some students the Congress as being for an emergency re- B of the CARES Act (Public Law 116–136) where the students physically attend school quirement pursuant to section 251(b)(2)(A)(i) may use those funds under the terms and in-person but does not satisfy the require- of the Balanced Budget and Emergency Def- conditions of section ll14(c) of this Act. ments in paragraph (1) shall have its amount icit Control Act of 1985. Amounts repurposed pursuant to this para- of assistance as prescribed under this section INSTITUTE OF EDUCATION SCIENCES graph that were previously designated by the reduced on a pro rata basis, which shall be For an additional amount for ‘‘Institute of Congress as an emergency requirement pur- calculated using the same methodology as is Education Sciences’’, $65,000,000, to remain suant to the Balanced Budget and Emer- used under section ll13(c)(2)(C) of this available through September 30, 2021, to pre- gency Deficit Control Act of 1985 are des- title. vent, prepare for, and respond to ignated by the Congress as an emergency re- (4) A Governor shall allocate not less than coronavirus, domestically or internation- quirement pursuant to section 251(b)(2)(A)(i) 50 percent of the funds reserved in this sec- ally, for carrying out the National Assess- of the Balanced Budget and Emergency Def- tion to non-public schools within 30 days of ment of Educational Progress Authorization icit Control Act of 1985. receiving an award from the Secretary and Act (title III of Public Law 107–279): Provided, (3) No funds received by an institution of the remaining 50 percent not less than 4 That such amount is designated by the Con- higher education under this section shall be months after receiving an award from the gress as being for an emergency requirement used to fund contractors for the provision of Secretary. pursuant to section 251(b)(2)(A)(i) of the Bal- pre-enrollment recruitment activities; en- CONTINUED PAYMENT TO EMPLOYEES anced Budget and Emergency Deficit Control Act of 1985. dowments; or capital outlays associated with SEC. ll16. A local educational agency, facilities related to athletics, sectarian in- State, institution of higher education, or DEPARTMENTAL MANAGEMENT struction, or religious worship. other entity that receives funds under ‘‘Edu- PROGRAM ADMINISTRATION (4) An institution of higher education that cation Stabilization Fund’’, shall to the For an additional amount for ‘‘Program was required to remit payment to the Inter- greatest extent practicable, continue to pay Administration’’, $8,000,000, to remain avail- nal Revenue Service for the excise tax based its employees and contractors during the pe- able through September 30, 2021, to prevent, on investment income of private colleges and riod of any disruptions or closures related to prepare for, and respond to coronavirus, do- universities under section 4968 of the Inter- coronavirus. mestically or internationally: Provided, That nal Revenue Code of 1986 for tax year 2019 DEFINITIONS such amount is designated by the Congress shall have their allocation under this section as being for an emergency requirement pur- SEC. ll17. Except as otherwise provided reduced by 50 percent and may only use suant to section 251(b)(2)(A)(i) of the Bal- in sections ll11–ll16 of this title, as used funds for activities described in paragraph anced Budget and Emergency Deficit Control in such sections— (c)(2). This paragraph shall not apply to an Act of 1985. institution of higher education designated by (1) the terms ‘‘elementary education’’ and ‘‘secondary education’’ have the meaning OFFICE OF INSPECTOR GENERAL the Secretary as an eligible institution For an additional amount for ‘‘Office of In- under section 448 of the Higher Education given such terms under State law; (2) the term ‘‘institution of higher edu- spector General’’, $7,000,000, to remain avail- Act of 1965. able through September 30, 2022, to prevent, (e) REPORT.—An institution receiving cation’’ has the meaning given such term in prepare for, and respond to coronavirus, do- funds under this section shall submit a re- title I of the Higher Education Act of 1965 (20 mestically or internationally, including for port to the Secretary, not later than 6 U.S.C. 1001 et seq.); salaries and expenses necessary for oversight months after receiving funding provided in (3) the term ‘‘Secretary’’ means the Sec- and audit of programs, grants, and projects this title, in such manner and with such sub- retary of Education; funded in this title to respond to sequent frequency as the Secretary may re- (4) the term ‘‘State’’ means each of the 50 coronavirus: Provided, That such amount is quire, that provides a detailed accounting of States, the District of Columbia, and the designated by the Congress as being for an the use of funds provided under this section. Commonwealth of Puerto Rico; (f) REALLOCATION.—Any funds allocated to (5) the term ‘‘cost of attendance’’ has the emergency requirement pursuant to section an institution of higher education under this meaning given such term in section 472 of 251(b)(2)(A)(i) of the Balanced Budget and section on the basis of a formula described in the Higher Education Act of 1965. Emergency Deficit Control Act of 1985. subsection (a)(1) or (a)(2) but for which an in- (6) the term ‘‘Non-public school’’ means a GENERAL PROVISIONS stitution does not apply for funding within non-public elementary and secondary school SEC. ll19. Funds made available in Public 60 days of the publication of the notice invit- that (A) is accredited, licensed, or otherwise Law 115–245 under the heading ‘‘National

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.045 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4794 CONGRESSIONAL RECORD — SENATE August 4, 2020 Technical Institute for the Deaf’’ that were tivities, including training services provided (3) $350,000,000 from the Trust Fund is for available for obligation through fiscal year through individual training accounts, incum- grants to States in accordance with section 2019, and where a valid obligation was in- bent worker training, transitional jobs, cus- 6 of the Wagner-Peyser Act, to remain avail- curred in such fiscal year, are to remain tomized training, on-the-job training, the able through June 30, 2021: available for obligation and expenditure by identification of training providers including Provided further, That such amount is des- educational agencies or institutions through online providers, and activities to facilitate ignated by the Congress as being for an fiscal year 2021, notwithstanding section remote access to employment and training emergency requirement pursuant to section 412(b) of the General Education Provisions services through a one-stop center that lead 251(b)(2)(A)(i) of the Balanced Budget and Act (20 U.S.C. 1225): Provided, That such to employment in high-skill, high-wage, or Emergency Deficit Control Act of 1985. amount is designated by the Congress as in-demand industry sectors or occupations, DEPARTMENTAL MANAGEMENT being for an emergency requirement pursu- including health care, direct care, and manu- SALARIES AND EXPENSES ant to section 251(b)(2)(A)(i) of the Balanced facturing; (INCLUDING TRANSFER OF FUNDS) Budget and Emergency Deficit Control Act (2) $150,000,000 for grants to States for of 1985. youth workforce investment activities: Pro- For an additional amount for ‘‘Depart- SEC. ll20. Funds made available in Public vided, That a local board shall not be re- mental Management’’, $15,600,000, to remain Law 115–245 under the heading ‘‘Gallaudet quired to meet the requirements of section available until September 30, 2022, to pre- University’’ that were available for obliga- 129(a)(4)(A) of the Workforce Innovation and vent, prepare for, and respond to tion through fiscal year 2019, and where a Opportunity Act (29 U.S.C. 3164(a)(4)(A)): Pro- coronavirus, including to enforce worker valid obligation was incurred in such fiscal vided further, That each State and local area protection laws and regulations, and to over- year, are to remain available for obligation receiving funds under this paragraph in this see and coordinate activities related to divi- and expenditure by educational agencies or Act for youth workforce investment activi- sion C, division D, division E, and division F institutions through fiscal year 2021, not- ties shall give priority to out-of-school of Public Law 116–127, and activities under withstanding section 412(b) of the General youth and eligible youth who are members of Public Law 116–136: Provided, That the Sec- Education Provisions Act (20 U.S.C. 1225): one or more populations listed in section retary of Labor may transfer the amounts Provided, That such amount is designated by 3(24) of such Act (29 U.S.C. 3102(24)); provided under this heading in this Act as the Congress as being for an emergency re- (3) $150,000,000 for adult employment and necessary to ‘‘Employment and Training Ad- quirement pursuant to section 251(b)(2)(A)(i) training activities; and ministration—Program Administration’’, of the Balanced Budget and Emergency Def- (4) $150,000,000 for the dislocated workers ‘‘Employee Benefits Security Administra- icit Control Act of 1985. assistance national reserve: tion’’, ‘‘Wage and Hour Division’’, Office of SEC. 21. Funds made available in Public ll Provided further, That notwithstanding sec- Workers’ Compensation Programs’’, ‘‘Occu- Law 113–76 under the heading ‘‘Innovation tion 128(a) of the Workforce Innovation and pational Safety and Health Administration’’, and Improvement’’ that were available for Opportunity Act (29 U.S.C. 3163(a)), the Gov- and ‘‘Mine Safety and Health Administra- obligation through December 31, 2014 for the ernor may reserve up to 25 percent of the tion’’, to prevent, prepare for, and respond to Investing in Innovation program pursuant to funds allotted under each of paragraphs (1), coronavirus, including for enforcement, the eighth and ninth provisos under that (2), and (3) under this heading in this Act for oversight, and coordination activities in heading in that Act are to remain available statewide activities described in sections those accounts: Provided further, That of the through fiscal year 2021 for the liquidation of 129(b) and 134(a) of such Act: Provided further, amount provided under this heading in this valid obligations incurred in fiscal years 2014 That notwithstanding section 128(b)(4) of the Act, $5,000,000, to remain available until ex- or 2015: Provided, That such amount is des- Workforce Innovation and Opportunity Act pended, shall be transferred to ‘‘Office of In- ignated by the Congress as being for an spector General’’, for oversight of activities emergency requirement pursuant to section (29 U.S.C. 3163(b)(4)), local areas may use not related to Public Law 116–127 and Public Law 251(b)(2)(A)(i) of the Balanced Budget and more than 20 percent of the funds allocated 116–136 and for oversight activities supported Emergency Deficit Control Act of 1985. to the local area under each of paragraphs with funds appropriated to the Department SEC. ll22. Funds made available in Public (1), (2), and (3) under this heading in this Act of Labor to prevent, prepare for, and respond Law 113–76 under the heading ‘‘Rehabilita- for administrative costs: Provided further, to coronavirus: Provided further, That 15 days tion Services and Disability Research’’ that That such amount is designated by the Con- prior to transferring any funds pursuant to were available for obligation through fiscal gress as being for an emergency requirement the previous provisos under the heading in year 2015 for the Automated Personalization pursuant to section 251(b)(2)(A)(i) of the Bal- this Act, the Secretary shall provide to the Computing Project pursuant to the first four anced Budget and Emergency Deficit Control Committees on Appropriations of the House provisos under that heading in that Act are Act of 1985. of Representatives and the Senate an oper- to remain available through fiscal year 2021 STATE UNEMPLOYMENT INSURANCE AND ating plan describing the planned uses of for the liquidation of valid obligations in- EMPLOYMENT SERVICE OPERATIONS each amount proposed to be transferred: Pro- curred in fiscal years 2014 or 2015: Provided, For an additional amount for ‘‘State Un- vided further, That such amount is des- That such amount is designated by the Con- employment Insurance and Employment ignated by the Congress as being for an gress as being for an emergency requirement Service Operations’’, $1,504,000,000, to pre- emergency requirement pursuant to section pursuant to section 251(b)(2)(A)(i) of the Bal- vent, prepare for, and respond to 251(b)(2)(A)(i) of the Balanced Budget and anced Budget and Emergency Deficit Control coronavirus, domestically or internation- Emergency Deficit Control Act of 1985. Act of 1985. ally, which may be expended from the Em- ployment Security Administration Account GENERAL PROVISION SA 2525. Mr. BLUNT submitted an in the Unemployment Trust Fund (‘‘The SEC. ll01. Paragraph (1) under the head- amendment intended to be proposed by Trust Fund’’), of which: ing ‘‘Department of Labor—Veterans Em- him to the bill S. 178, to condemn gross (1) $1,115,500,000 from the Trust Fund to re- ployment and Training’’ of title I of division human rights violations of ethnic main available through December 31, 2021, is A of Public Law 116–94 is amended by strik- Turkic Muslims in Xinjiang, and call- for grants to States for the administration of ing ‘‘obligation by the States through De- ing for an end to arbitrary detention, State unemployment insurance laws as au- cember 31, 2020’’ and inserting ‘‘expenditure thorized under title III of the Social Security by the States through September 30, 2022’’: torture, and harassment of these com- Act including grants to upgrade information Provided, That such amount is designated by munities inside and outside China; technology to improve the administration the Congress as being for an emergency re- which was ordered to lie on the table; and processing of unemployment compensa- quirement pursuant to section 251(b)(2)(A)(i) as follows: tion claims: Provided, That, the Secretary of the Balanced Budget and Emergency Def- At the appropriate place, insert the fol- may distribute such amounts, with respect icit Control Act of 1985. lowing: to upgrading information technology, based Subtitle B—Health and Human Services TITLE ll——DEPARTMENTS OF LABOR, on the condition and needs of the State in- DEPARTMENT OF HEALTH AND HUMAN HEALTH AND HUMAN SERVICES, AND formation technology systems or other ap- SERVICES propriate factors, which may include the EDUCATION, AND RELATED AGENCIES CENTERS FOR DISEASE CONTROL AND Subtitle A—Labor ratio described under section 903(a)(2)(B) of the Social Security Act: Provided further, PREVENTION DEPARTMENT OF LABOR That funds provided for information tech- CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT EMPLOYMENT AND TRAINING ADMINISTRATION nology under this heading in this Act shall For an additional amount for ‘‘CDC-Wide TRAINING AND EMPLOYMENT SERVICES be available for obligation by the States Activities and Program Support’’, For an additional amount for ‘‘Training through September 30, 2027 and available for $3,400,000,000, to remain available until Sep- and Employment Services’’, $950,000,000, to expenditure by the States through Sep- tember 30, 2024, to prevent, prepare for, and remain available through September 30, 2022, tember 30, 2028; respond to coronavirus, domestically or to prevent, prepare for, and respond to (2) $38,500,000 from the Trust Fund is for internationally: Provided, That of the coronavirus, domestically or internation- national activities necessary to support the amount provided under this heading in this ally, which shall be used as follows: administration of the Federal-State unem- Act, not less than $1,500,000,000 shall be for (1) $500,000,000 for grants to States for dis- ployment insurance system, to remain avail- grants to or cooperative agreements with located worker employment and training ac- able through September 30, 2021; and States, localities, territories, tribes, tribal

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.045 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4795 organizations, urban Indian health organiza- resentatives and the Senate required by Pub- shall be for Regional Biocontainment Lab- tions, or health service providers to tribes, lic Law 116–94 within 180 days of enactment oratories: Provided further, That funding pro- including to carry out surveillance, epidemi- of this Act and every 365 days thereafter vided in the previous proviso shall be divided ology, laboratory capacity, infection con- until funds provided under this heading in evenly among the eleven laboratories: Pro- trol, immunization activity, mitigation, this Act and in Public Law 116–136 for public vided further, That such amount is des- communications, and other preparedness and health surveillance and data collection mod- ignated by the Congress as being for an response activities: Provided further, That ernization are expended: Provided further, emergency requirement pursuant to section the amounts included in the previous proviso That such report shall include an assessment 251(b)(2)(A)(i) of the Balanced Budget and shall be allocated to States, localities, and of the progress State and territorial public Emergency Deficit Control Act of 1985. territories according to the formula that ap- health lab grantees have had in meeting data EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE plied to the Public Health Emergency Pre- modernization goals, an assessment of the OF CHILD HEALTH AND HUMAN DEVELOPMENT paredness cooperative agreement in fiscal progress CDC internal public health data For an additional amount for ‘‘Eunice Ken- year 2019: Provided further, That of the systems have had meeting data moderniza- nedy Shriver National Institute of Child amount in the first proviso, not less than tion goals, and a detailed plan for CDC’s Health and Human Development’’, $125,000,000 shall be allocated to tribes, tribal long-term data modernization goals, includ- organizations, urban Indian health organiza- $172,680,000, to remain available until Sep- ing how CDC will receive near real-time data tember 30, 2024, to prevent, prepare for, and tions, or health service providers to tribes: across the disease reporting platforms: Pro- Provided further, That the Director of the respond to coronavirus, domestically or vided further, That funds appropriated under internationally: Provided, That such amount Centers for Disease Control and Prevention this heading in this Act may be used for (‘‘CDC’’) may satisfy the funding thresholds is designated by the Congress as being for an grants for the rent, lease, purchase, acquisi- emergency requirement pursuant to section outlined in the first and third provisos by tion, construction, alteration, or renovation making awards through other grant or coop- 251(b)(2)(A)(i) of the Balanced Budget and of non-federally owned facilities to improve Emergency Deficit Control Act of 1985. erative agreement mechanisms: Provided fur- preparedness and response capability at the ther, That of the amount provided under this State, territorial, tribal, and local level: Pro- NATIONAL INSTITUTE OF MENTAL HEALTH heading in this Act, up to $500,000,000 shall be vided further, That funds provided under this For an additional amount for ‘‘National In- for activities to plan, prepare for, promote, heading in this Act may be used for purchase stitute of Mental Health’’, $200,000,000, to redistribute, administer, monitor, and track and insurance of official motor vehicles in main available until September 30, 2024, to seasonal influenza vaccines to ensure broad- foreign countries: Provided further, That of prevent, prepare for, and respond to based distribution, access, and vaccine cov- the amount provided under this heading in coronavirus, domestically or internation- erage: Provided further, That funds provided this Act, $1,000,000 shall be to develop and ally: Provided, That such amount is des- under this heading in this Act may reim- maintain a data system to be known as the ignated by the Congress as being for an burse CDC obligations incurred for Public Safety Officer Suicide Reporting Sys- emergency requirement pursuant to section coronavirus vaccine planning, preparation, tem, to collect data on the suicide incidence 251(b)(2)(A)(i) of the Balanced Budget and promotion, and distribution prior to the en- among public safety officers; and facilitate Emergency Deficit Control Act of 1985. actment of this Act: Provided further, That the study of successful interventions to re- NATIONAL INSTITUTE ON MINORITY HEALTH AND CDC shall report to the Committees on Ap- duce suicide among public safety officers: HEALTH DISPARITIES propriations of the House of Representatives Provided further, That such system shall be and the Senate within 60 days of enactment For an additional amount for ‘‘National In- integrated into the National Violent Death of this Act on an enhanced seasonal influ- stitute on Minority Health and Health Dis- Reporting System: Provided further, That enza vaccination strategy to include nation- parities’’, $64,334,000, to remain available amounts repurposed under this heading in wide vaccination goals and specific actions until September 30, 2024, to prevent, prepare this Act that were previously designated by that CDC will take to achieve such goals: for, and respond to coronavirus, domestically the Congress as an emergency requirement Provided further, That of the amount pro- or internationally: Provided, That such pursuant to the Balanced Budget and Emer- vided under this heading in this Act, not less amount is designated by the Congress as gency Deficit Control Act of 1985 are des- than $200,000,000 shall be for global disease being for an emergency requirement pursu- detection and emergency response to be co- ignated by the Congress as an emergency re- ant to section 251(b)(2)(A)(i) of the Balanced ordinated with funds provided in Public Law quirement pursuant to section 251(b)(2)(A)(i) Budget and Emergency Deficit Control Act 116–123 and Public Law 116–136 to global dis- of the Balanced Budget and Emergency Def- of 1985. icit Control Act of 1985: Provided further, ease detection and emergency response to NATIONAL CENTER FOR ADVANCING That such amount is designated by the Con- support CDC-led global health security re- TRANSLATIONAL SCIENCES sponse including CDC regional planning ef- gress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘National forts: Provided further, That CDC shall pro- Center for Advancing Translational vide an update to the global health security anced Budget and Emergency Deficit Control Act of 1985. Sciences’’, $1,224,750,000, to remain available report required in Public Law 116-94 within until September 30, 2024, to prevent, prepare ATIONAL INSTITUTES OF HEALTH 90 days of enactment of this Act that shall N for, and respond to coronavirus, domestically include a spend plan for funds appropriated NATIONAL HEART, LUNG, AND BLOOD INSTITUTE or internationally: Provided, That such in the previous proviso and funds appro- For an additional amount for ‘‘National amount is designated by the Congress as priated for global disease detection and Heart, Lung, and Blood Institute’’, being for an emergency requirement pursu- emergency response in Public Law 116–123 $290,000,000, to remain available until Sep- ant to section 251(b)(2)(A)(i) of the Balanced and Public Law 116–136: Provided further, tember 30, 2024, to prevent, prepare for, and Budget and Emergency Deficit Control Act That such spend plan shall describe the re- respond to coronavirus, domestically or of 1985. gions and countries that CDC will prioritize internationally: Provided, That such amount OFFICE OF THE DIRECTOR and describe how CDC and USAID are coordi- is designated by the Congress as being for an (INCLUDING TRANSFER OF FUNDS) nating during planning and implementation: emergency requirement pursuant to section Provided further, That within one year of en- 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Office of the actment of this Act and every 365 days there- Emergency Deficit Control Act of 1985. Director’’, $12,905,337,000, to remain available after until funds provided in the eighth pro- until September 30, 2024, to prevent, prepare NATIONAL INSTITUTE OF DIABETES AND viso in this paragraph and in Public Law 116– for, and respond to coronavirus, domestically DIGESTIVE AND KIDNEY DISEASES 123 and Public Law 116–136 for global disease or internationally: Provided, That not less detection and emergency response are ex- For an additional amount for ‘‘National In- than $10,100,000,000 of the amount provided pended, CDC shall provide an evaluation out- stitute of Diabetes and Digestive and Kidney under this heading in this Act shall be for lining how investments in countering global Diseases’’, $200,000,000, to remain available offsetting the costs related to reductions in health threats, as well as investments made until September 30, 2024, to prevent, prepare lab productivity resulting from the by region or country, as applicable, have im- for, and respond to coronavirus, domestically coronavirus pandemic or public health meas- proved infectious disease response capability or internationally: Provided, That such ures related to the coronavirus pandemic: in the region or country and additional amount is designated by the Congress as Provided further, That $1,325,337,000 of the progress needed: Provided further, That of the being for an emergency requirement pursu- amount provided under this heading in this amount provided under this heading in this ant to section 251(b)(2)(A)(i) of the Balanced Act shall be to support additional scientific Act, not less than $200,000,000 shall be for Budget and Emergency Deficit Control Act research or the programs and platforms that public health data surveillance and analytics of 1985. support research: Provided further, That modernization to be coordinated with funds NATIONAL INSTITUTE OF ALLERGY AND $1,240,000,000 of the amount provided under provided in Public Law 116–136 to support INFECTIOUS DISEASES this heading in this Act shall be provided to CDC-led data modernization efforts to im- For an additional amount for ‘‘National In- accelerate the research and development of prove disease reporting across the country: stitute of Allergy and Infectious Diseases’’, therapeutic interventions and vaccines in Provided further, That CDC shall update the $480,555,000, to remain available until Sep- partnership: Provided further, that no less public health data surveillance and IT sys- tember 30, 2024, to prevent, prepare for, and than $240,000,000 of the amount provided tems modernization report to the Commit- respond to coronavirus, domestically or under this heading in this Act shall be for tees on Appropriations of the House of Rep- internationally: Provided, That $55,000,000 supplements to existing research training

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.043 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4796 CONGRESSIONAL RECORD — SENATE August 4, 2020 awards for extensions and other costs: Pro- under this heading in this Act the Substance regard to requirements in sections vided further, That funds available under this Abuse and Mental Health Services Adminis- 658E(c)(3)(D)–(E) or 658G of the Child Care heading in this Act may be transferred to tration may waive requirements with respect and Development Block Grant Act: Provided, the accounts of Institutes and Centers of the to allowable activities, timelines, or report- That funds provided under this heading in NIH: Provided further, That this transfer au- ing requirements for the Substance Abuse this Act may be used to provide continued thority is in addition to any other transfer Prevention and Treatment Block Grant and payments and assistance to child care pro- authority available to the NIH: Provided fur- the Community Mental Health Services viders in the case of decreased enrollment or ther, That the Director shall enter into an Block Grant as deemed necessary to facili- closures related to coronavirus, and to as- agreement with the National Academies of tate a grantee’s response to coronavirus: Pro- sure they are able to remain open or reopen Sciences, Engineering, and Medicine (‘‘Acad- vided further, That such amount is des- as appropriate and applicable: Provided fur- emies’’) to develop a decision framework to ignated by the Congress as being for an ther, That States, Territories, and Tribes are assist domestic and global health authorities emergency requirement pursuant to section encouraged to place conditions on payments in planning an equitable allocation of 251(b)(2)(A)(i) of the Balanced Budget and to child care providers that ensure that child coronavirus vaccines: Provided further, That Emergency Deficit Control Act of 1985. care providers use a portion of funds received to continue to pay the salaries and wages of the Academies shall consider equity criteria CENTERS FOR MEDICARE & MEDICAID SERVICES which may include consideration of risk fac- staff: Provided further, That the Secretary PROGRAM MANAGEMENT tors related to health disparities and health shall remind States that CCDBG State plans care access, underlying health conditions, For an additional amount for ‘‘Program do not need to be amended prior to utilizing racial and ethnic minorities, higher-risk oc- Management’’, $150,000,000, to remain avail- existing authorities in the CCDBG Act for cupations, first responders, geographic dis- able through September 30, 2023, to prevent, the purposes provided herein: Provided fur- tribution of the virus, and vaccine hesitancy: prepare for, and respond to coronavirus, do- ther, That States, Territories, and Tribes are Provided further, That the Academies shall mestically and internationally: Provided, authorized to use funds appropriated under provide recommendations to the Advisory That amounts appropriated under this head- this heading in this Act to provide child care Committee on Immunization Practices no ing in this Act shall be for Centers for Medi- assistance to health care sector employees, later than September 18, 2020: Provided fur- care and Medicaid Services (‘‘CMS’’) strike emergency responders, sanitation workers, ther, That the agreement shall include an on- teams for resident and employee safety in and other workers deemed essential during going assessment of how vaccine distribution skilled nursing facilities and nursing facili- the response to coronavirus by public offi- meets equity criteria and recommendations ties, including activities to support clinical cials, without regard to the income eligi- for how vaccine distribution may better care, infection control, and staffing: Provided bility requirements of section 658P(4) of such align with such criteria as applicable which further, That CMS shall provide a report to Act: Provided further, That funds appropriated under this heading in this Act shall shall inform the Advisory Committee on Im- the Committees on Appropriations of the be available to eligible child care providers munization Practices prioritization rec- House of Representatives and the Senate 30 under section 658P(6) of the CCDBG Act, even ommendations and vaccine distribution ac- days after enactment of this Act outlining a if such providers were not receiving CCDBG tivities: Provided further, That such amount plan for executing strike team efforts, in- assistance prior to the public health emer- is designated by the Congress as being for an cluding how safety and infection control gency as a result of the coronavirus and any emergency requirement pursuant to section measures will be assessed, how facilities will renewal of such declaration pursuant to such 251(b)(2)(A)(i) of the Balanced Budget and be chosen, and the frequency by which section 319, for the purposes of cleaning and Emergency Deficit Control Act of 1985. skilled nursing facilities and nursing facilities will be visited: Provided further, That sanitation, and other activities necessary to SUBSTANCE ABUSE AND MENTAL HEALTH CMS shall administer section 223 of Public maintain or resume the operation of pro- SERVICES ADMINISTRATION Law 113–93 and consult with the Substance grams: Provided further, That payments made HEALTH SURVEILLANCE AND PROGRAM SUPPORT Abuse and Mental Health Services Adminis- under this heading in this Act may be obli- For an additional amount for ‘‘Heath Sur- tration, as necessary: Provided further, That gated in this fiscal year or the succeeding veillance and Program Support’’, such amount is designated by the Congress two fiscal years: Provided further, That funds $4,500,000,000, to remain available through as being for an emergency requirement pur- appropriated under this heading in this Act September 30, 2021, to prevent, prepare for, suant to section 251(b)(2)(A)(i) of the Bal- may be made available to restore amounts, and respond to coronavirus, domestically or anced Budget and Emergency Deficit Control either directly or through reimbursement, internationally: Provided, That of the Act of 1985. for obligations incurred to prevent, prepare for, and respond to coronavirus, domestically amount appropriated under this heading in ADMINISTRATION FOR CHILDREN AND FAMILIES this Act, $1,500,000,000 shall be for grants for or internationally, prior to the date of enact- LOW INCOME HOME ENERGY ASSISTANCE the substance abuse prevention and treatment of this Act: Provided further, That such ment block grant program under subpart II For an additional amount for ‘‘Low Income amount is designated by the Congress as of part B of title XIX of the Public Health Home Energy Assistance’’, $1,500,000,000, to being for an emergency requirement pursu- Service Act (‘‘PHS Act’’): Provided further, remain available through September 30, 2021, ant to section 251(b)(2)(A)(i) of the Balanced That of the amount appropriated under this to prevent, prepare for, or respond to Budget and Emergency Deficit Control Act heading in this Act, $2,000,000,000 shall be for coronavirus, domestically or internation- of 1985. grants for the community mental health ally, which shall be for making payments CHILDREN AND FAMILIES SERVICES PROGRAMS services block grant program under subpart I under subsection (b) of section 2602 of the For an additional amount for ‘‘Children of part B of title XIX of the PHS Act: Pro- Low-Income Home Energy Assistance Act of and Families Services Programs’’, vided further, That of the amount appro- 1981 (42 U.S.C. 8621 et seq.): Provided, That of $190,000,000, to remain available through Sep- priated in the previous proviso, the Assistant the amount provided under this heading in tember 30, 2021, to prevent, prepare for, and Secretary is directed to provide no less than this Act, $375,000,000 shall be allocated as respond to coronavirus, domestically or 50 percent of funds directly to facilities de- though the total appropriation for such pay- internationally, including for Federal ad- fined in section 1913(c) of the PHS Act: Pro- ments for fiscal year 2020 was less than ministrative expenses, which shall be used as vided further, That of the amount appro- $1,975,000,000: Provided further, That section follows: priated under this heading in this Act, not 2607(b)(2)(B) of such Act (42 U.S.C. (1) $65,000,000 for Family Violence Preven- less than $600,000,000 is available for Certified 8626(b)(2)(B)) shall not apply to funds made tion and Services grants as authorized by Community Behavioral Health Clinic Expan- available under this heading in this Act in section 303(a) and 303(b) of the Family Vio- sion Grant program: Provided further, That of fiscal year 2020: Provided further, That such lence and Prevention and Services Act with the amount appropriated under this heading amount is designated by the Congress as such funds available to grantees without re- in this Act, not less than $50,000,000 shall be being for an emergency requirement pursu- gard to matching requirements under section available for suicide prevention programs: ant to section 251(b)(2)(A)(i) of the Balanced 306(c)(4) of such Act, of which $2,000,000 shall Provided further, That of the amount appro- Budget and Emergency Deficit Control Act be for the National Domestic Violence Hot- priated under this heading in this Act, of 1985. line: Provided, That the Secretary may make $100,000,000 shall be for activities and serv- PAYMENTS TO STATES FOR THE CHILD CARE AND such funds available for providing temporary ices under Project AWARE: Provided further, DEVELOPMENT BLOCK GRANT housing and assistance to victims of family, That of the amount appropriated under this For an additional amount for ‘‘Payments domestic, and dating violence; heading in this Act, not less than $250,000,000 to States for the Child Care and Develop- (2) $75,000,000 for child welfare services as is available for activities authorized under ment Block Grant’’, $5,000,000,000, to remain authorized by subpart 1 of part B of title IV section 501(o) of the PHS Act: Provided fur- available through September 30, 2021, to pre- of the Social Security Act (other than sec- ther, That from within the amount appro- vent, prepare for, and respond to tions 426, 427, and 429 of such subpart), with priated under this heading in this Act in the coronavirus, domestically or internation- such funds available to grantees without re- previous provisos, a total of not less than ally, including for Federal administrative gard to matching requirements under section $15,000,000 shall be allocated to tribes, tribal expenses, which shall be used to supplement, 424(a) of that Act or any applicable reduc- organizations, urban Indian health organiza- not supplant State, Territory, and Tribal tions in Federal financial participation tions, or health or behavioral health service general revenue funds for child care assist- under section 424(f) of that Act; and providers to tribes: Provided further, That ance for low-income families within the (3) $50,000,000 for necessary expenses for with respect to the amount appropriated United States (including territories) without community-based grants for the prevention

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.043 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4797 of child abuse and neglect under section 209 opmental Disabilities Education, Research, essary expenses of manufacturing, produc- of the Child Abuse Prevention and Treat- and Service as authorized under section tion, and purchase, at the discretion of the ment Act, which the Secretary shall make 151(c) of such Act (except that the reserva- Secretary, of vaccines, therapeutics, available without regard to section 203(b)(1) tions under section 156(a)(3)(B) of such Act diagnostics, and small molecule active phar- and 204(4) of such Act: shall not apply): Provided further, That of the maceutical ingredients, including the devel- Provided further, That funds appropriated amount made available under this heading in opment, translation, and demonstration at under this heading in this Act may be made this Act, $5,000,000 shall be for activities au- scale of innovations in manufacturing plat- available to restore amounts, either directly thorized in the Assistive Technology Act of forms: Provided further, That funds in the or through reimbursement, for obligations 2004: Provided further, That such amount is previous proviso may be used for the con- incurred to prevent, prepare for, and respond designated by the Congress as being for an struction or renovation of U.S.-based next to coronavirus, domestically or internation- emergency requirement pursuant to section generation manufacturing facilities, other ally, prior to the date of enactment of this 251(b)(2)(A)(i) of the Balanced Budget and than facilities owned by the United States Act: Provided further, That such amount is Emergency Deficit Control Act of 1985. Government: Provided further, That of the designated by the Congress as being for an OFFICE OF THE SECRETARY amount provided under this heading in this emergency requirement pursuant to section PUBLIC HEALTH AND SOCIAL SERVICES Act, $6,000,000,000 shall be for activities to 251(b)(2)(A)(i) of the Balanced Budget and EMERGENCY FUND plan, prepare for, promote, distribute, administer, monitor, and track coronavirus Emergency Deficit Control Act of 1985. (INCLUDING TRANSFER OF FUNDS) vaccines to ensure broad-based distribution, BACK TO WORK CHILD CARE GRANTS For an additional amount for ‘‘Public access, and vaccine coverage: Provided fur- For an additional amount for ‘‘Back to Health and Social Services Emergency ther, That the Secretary shall coordinate Work Child Care Grants’’, $10,000,000,000, to Fund’’, $29,000,000,000, to remain available funding and activities outlined in the pre- remain available through September 30, 2021, until September 30, 2024, to prevent, prepare vious proviso through the Director of CDC: to prevent, prepare for, and respond to for, and respond to coronavirus, domestically Provided further, That the Secretary, through coronavirus, domestically or internation- or internationally, including the develop- the Director of CDC, shall report to the Com- ally, which shall be for activities to carry ment of necessary countermeasures and vac- mittees on Appropriations of the House of out Back to Work Child Care Grants to cines, prioritizing platform-based tech- Representatives and the Senate within 60 qualified child care providers, for a transi- nologies with U.S.-based manufacturing ca- days of enactment of this Act on a com- tion period of not more than 9 months to as- pabilities, the purchase of vaccines, thera- prehensive coronavirus vaccine distribution sist in paying for fixed costs and increased peutics, diagnostics, necessary medical sup- strategy and spend plan that includes how operating expenses due to COVID–19, and to plies, as well as medical surge capacity, ad- existing infrastructure will be leveraged, en- reenroll children in an environment that dressing blood supply chain, workforce mod- hancements or new infrastructure that may supports the health and safety of children ernization, telehealth access and infrastruc- be built, considerations for moving and stor- and staff: Provided, That such amount is des- ture, initial advanced manufacturing, novel ing vaccines, guidance for how States and ignated by the Congress as being for an dispensing, enhancements to the U.S. Com- health care providers should prepare for, emergency requirement pursuant to section missioned Corps, and other preparedness and store, and administer vaccines, nationwide 251(b)(2)(A)(i) of the Balanced Budget and response activities: Provided, That funds ap- vaccination targets, funding that will be dis- Emergency Deficit Control Act of 1985. propriated under this paragraph in this Act tributed to States, how an informational may be used to develop and demonstrate in- ADMINISTRATION FOR COMMUNITY LIVING campaign to both the public and health care novations and enhancements to manufac- providers will be executed, and how the vac- AGING AND DISABILITY SERVICES PROGRAMS turing platforms to support such capabili- cine distribution plan will focus efforts on For an additional amount for ‘‘Aging and ties: Provided further, That the Secretary of high risk, underserved, and minority popu- Disability Services Programs’’, $75,000,000, to Health and Human Services shall purchase lations: Provided further, That such plan remain available until September 30, 2021, to vaccines developed using funds made avail- shall be updated and provided to the Com- prevent, prepare for, and respond to able under this paragraph in this Act to re- mittees on Appropriations of the House of coronavirus, domestically or internation- spond to an outbreak or pandemic related to Representatives and the Senate 90 days after ally: Provided, That of the amount made coronavirus in quantities determined by the submission of the first plan: Provided further, available under this heading in this Act to Secretary to be adequate to address the pub- That the Secretary shall notify the Commit- prevent, prepare for, and respond to lic health need: Provided further, That prod- tees on Appropriations of the House of Rep- coronavirus, $58,000,000 shall be for activities ucts purchased by the Federal government resentatives and the Senate 2 days in ad- authorized under the Older Americans Act of with funds made available under this para- vance of any obligation in excess of 1965 (‘‘OAA’’), including $3,000,000 to imple- graph in this Act, including vaccines, thera- $50,000,000, including but not limited to con- ment a demonstration program on strategies peutics, and diagnostics, shall be purchased tracts and interagency agreements, from to recruit, retain, and advance direct care in accordance with Federal Acquisition Reg- funds provided in this paragraph in this Act: workers under section 411(a)(13) of the OAA; ulation guidance on fair and reasonable pric- Provided further, That funds appropriated $35,000,000 for supportive services under part ing: Provided further, That the Secretary may under this paragraph in this Act may be used B of title III of the OAA; and $20,000,000 for take such measures authorized under current for the construction, alteration, or renova- support services for family caregivers under law to ensure that vaccines, therapeutics, tion of non-federally owned facilities for the part E of title III of the OAA: Provided fur- and diagnostics developed from funds pro- production of vaccines, therapeutics, ther, That of the amount made available vided in this title will be affordable in the diagnostics, and medical supplies where the under this heading in this Act, $10,000,000 commercial market: Provided further, That in Secretary determines that such a contract is shall be available to support protection and carrying out the previous proviso, the Sec- necessary to secure sufficient amounts of advocacy systems, as described under sub- retary shall not take actions that delay the such supplies: Provided further, That the not title C of title I of the Developmental Dis- development of such products: Provided fur- later than 30 days after enactment of this abilities Assistance and Bill of Rights Act of ther, That the Secretary shall ensure that Act, and every 30 days thereafter until funds 2000 (42 U.S.C. 15041 et seq.): Provided further, protections remain for individuals enrolled are expended, the Secretary shall report to That of the amount made available under in group or individual health care coverage the Committees on Appropriations of the this heading in this Act, $2,000,000 shall be with pre-existing conditions, including those House of Representatives and the Senate on for training, technical assistance, and re- linked to coronavirus: Provided further, That uses of funding for Operation Warp Speed, source centers authorized under sections products purchased with funds appropriated detailing current obligations by Department 202(a) and 411 of the OAA; training and tech- under this paragraph in this Act may, at the or Agency, or component thereof broken out nical assistance to centers for independent discretion of the Secretary of Health and by the coronavirus supplemental appropria- living as authorized under section 721(b) of Human Services, be deposited in the Stra- tions Act that provided the source of funds: the Rehabilitation Act of 1973 (except that tegic National Stockpile under section 319F– Provided further, That the plan outlined in the reservations under paragraph (1) of such 2 of the Public Health Service Act: Provided the previous proviso shall include funding by section shall not apply); technical assistance further, That of the amount appropriated contract, grant, or other transaction in ex- by the Secretary of Health and Human Serv- under this paragraph in this Act, not more cess of $20,000,000 with a notation of which ices (‘‘Secretary’’) to State Councils on De- than $2,000,000,000 shall be for the Strategic Department or Agency, and component velopmental Disabilities as authorized under National Stockpile under section 319F–2(a) of thereof is managing the contract: Provided subtitle B of title I of the Developmental such Act: Provided further, That funds appro- further, That such amount is designated by Disabilities Assistance and Bill of Rights Act priated under this paragraph in this Act may the Congress as being for an emergency re- of 2000 (except that the reservations under be transferred to, and merged with, the fund quirement pursuant to section 251(b)(2)(A)(i) section 129(b) of such Act shall not apply); authorized by section 319F–4, the Covered of the Balanced Budget and Emergency Def- technical assistance by the Secretary to pro- Counter measure Process Fund, of the Public icit Control Act of 1985. tection and advocacy systems as authorized Health Service Act: Provided further, That of For an additional amount for ‘‘Public under subtitle C of such title (except that the amount appropriated under this para- Health and Social Services Emergency the limits under section 142(a)(6) of such Act graph in this Act, $20,000,000,000 shall be Fund’’, $8,085,000,000, to remain available shall not apply); and technical assistance to available to the Biomedical Advanced Re- until September 30, 2022, to prevent, prepare University Centers for Excellence in Devel- search and Development Authority for nec- for, and respond to coronavirus, domestically

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.043 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4798 CONGRESSIONAL RECORD — SENATE August 4, 2020 or internationally: Provided, That For an additional amount for ‘‘Public Fund’’, $25,000,000,000, to remain available $7,600,000,000 of the funds appropriated under Health and Social Services Emergency until expended, to prevent, prepare for, and this paragraph in this Act shall be trans- Fund’’, $16,000,000,000, to remain available respond to coronavirus, domestically or ferred to ‘‘Health Resources and Services Ad- until expended, to prevent, prepare for, and internationally, which shall be for necessary ministration—Primary Health Care’’ for respond to coronavirus, domestically or expenses to reimburse, through grants or grants, cooperative agreements, and other internationally, which shall be for necessary other mechanisms, eligible health care pro- necessary expenses under the Health Centers expenses for testing, contact tracing, sur- viders for health care related expenses or Program, as defined by section 330 of the veillance, containment, and mitigation to lost revenues that are attributable to PHS Act, including funding for alteration, monitor and suppress COVID–19, including coronavirus: Provided, That these funds may renovation, construction, equipment, and tests for both active infection and prior ex- not be used to reimburse expenses or losses other capital improvement costs, and includ- posure, including molecular, antigen, and se- that have been reimbursed from other ing funding to support, maintain, or increase rological tests, the manufacturing, procure- sources or that other sources are obligated health center capacity and staffing levels, as ment and distribution of tests, testing equip- to reimburse: Provided further, That recipi- necessary, to meet the needs of areas af- ment and testing supplies, including per- ents of payments under this paragraph shall fected by coronavirus: Provided further, That sonal protective equipment needed for ad- submit reports and maintain documentation sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), ministering tests, the development and vali- as the Secretary determines are needed to and 330(e)(6)(B)(iii) of the PHS Act shall not dation of rapid, molecular point-of-care ensure compliance with conditions that are apply to funds in the preceding proviso: Pro- tests, and other tests, support for workforce, imposed by this paragraph for such pay- vided further, That funding made available epidemiology, to scale up academic, commer- ments, and such reports and documentation under this paragraph in this Act shall not be cial, public health, and hospital laboratories, shall be in such form, with such content, and subject to requirements under the National to conduct surveillance and contact tracing, in such time as the Secretary may prescribe Environmental Policy Act of 1969 or the Na- support development of COVID–19 testing for such purpose: Provided further, That ‘‘eli- tional Historic Preservation Act of 1966: Pro- plans, and other related activities related to gible health care providers’’ means public vided further, That for the purposes of any COVID–19 testing: Provided, That of the entities, Medicare or Medicaid enrolled sup- funding provided for fiscal year 2020 for the amount appropriated under this paragraph in Health Centers Program pursuant to section this Act, not less than $15,000,000,000 shall be pliers and providers, and such for-profit enti- 330 of the PHS Act (42 U.S.C. 254b), maintain- for States, localities, territories, tribes, trib- ties and not-for-profit entities not otherwise ing current health center capacity and staff- al organizations, urban Indian health organi- described in this proviso as the Secretary ing levels during a public health emergency zations, or health service providers to tribes may specify, within the United States (in- as a result of the coronavirus and any re- for necessary expenses for testing, contact cluding territories), that provide diagnoses, newal of such declaration pursuant to such tracing, surveillance, containment, and miti- testing, or care for individuals with possible section 319 shall be deemed a cost of preven- gation, including support for workforce, epi- or actual cases of COVID–19: Provided further, tion, diagnosis, and treatment of demiology, use by employers, elementary That the Secretary of Health and Human coronavirus: Provided further, That and secondary schools, child care facilities, Services shall, on a rolling basis, review ap- $250,000,000 of the funds appropriated under institutions of higher education, long-term plications and make payments under this this paragraph in this Act shall be trans- care facilities, or in other settings, scale up paragraph in this Act: Provided further, That ferred to ‘‘Health Resources and Services Ad- of testing by public health, academic, com- funds appropriated under this paragraph in ministration—Bureau of Health Workforce’’, mercial, and hospital laboratories, and com- this Act shall be available for building or to remain available until September 30, 2022, munity-based testing sites, health care fa- construction of temporary structures, leas- for supplements to existing payments under cilities, and other entities engaged in ing of properties, medical supplies and equip- subsections 340E(a) and (h)(1) notwith- COVID–19 testing, and other related activi- ment including personal protective equip- standing the cap imposed by subsection (h)(1) ties related to COVID–19 testing, contact ment and testing supplies, increased work- and notwithstanding subsection (h)(6), for tracing, surveillance, containment, and miti- force and trainings, emergency operation Children’s Hospitals Graduate Medical Edu- gation: Provided further, That the amount centers, retrofitting facilities, and surge ca- cation, to prevent, prepare for, and respond identified in the preceding proviso shall be pacity: Provided further, That, in this para- to coronavirus, domestically or internation- allocated to States, localities, and terri- graph, the term ‘‘payment’’ means a pre-pay- ally: Provided further, That $5,000,000 of the tories according to the formula that applied ment, prospective payment, or retrospective funds appropriated under this paragraph in to the Public Health Emergency Prepared- payment, as determined appropriate by the this Act shall be transferred to ‘‘Health Re- ness cooperative agreement in fiscal year Secretary: Provided further, That payments sources and Services Administration—Health 2019: Provided further, That not less than under this paragraph shall be made in con- Care Systems’’, to remain available until $500,000,000 shall be allocated in coordination sideration of the most efficient payment sys- September 30, 2022, for activities under sec- with the Director of the Indian Health Serv- tems practicable to provide emergency pay- tions 1271 and 1273 of the PHS Act to improve ice, to tribes, tribal organizations, urban In- ment: Provided further, That to be eligible for the capacity of poison control centers to re- dian health organizations, or health service a payment under this paragraph, an eligible spond to increased calls: Provided further, providers to tribes: Provided further, That the health care provider shall submit to the Sec- That of the amount appropriated under this Secretary of Health and Human Services (re- retary of Health and Human Services an ap- paragraph in this Act, $225,000,000 shall be for ferred to in this paragraph as the ‘‘Sec- plication that includes a statement justi- grants or other mechanisms, to rural health retary’’) may satisfy the funding thresholds fying the need of the provider for the pay- clinics as defined in section 1861(aa)(2) of the outlined in the first and third provisos under ment and the eligible health care provider Social Security Act with such funds also this paragraph in this Act by making awards shall have a valid tax identification number: available to such entities for building or con- through other grant or cooperative agree- Provided further, That, not later than 3 years struction of temporary structures, leasing of ment mechanisms: Provided further, That the after final payments are made under this properties, and retrofitting facilities as nec- Governor or designee of each State, locality, paragraph, the Office of Inspector General of essary to support COVID–19 testing: Provided territory, tribe, or tribal organization re- the Department of Health and Human Serv- further, That such funds shall be distributed ceiving funds pursuant to this title shall up- ices shall transmit a final report on audit using the procedures developed for the Pro- date their plans, as applicable, for COVID–19 findings with respect to this program to the vider Relief Fund authorized under the third testing and contact tracing submitted to the Committees on Appropriations of the House paragraph under this heading in division B of Secretary pursuant to the Paycheck Protec- of Representatives and the Senate: Provided the Coronavirus Aid, Relief, and Economic tion Program and Health Care Enhancement further, That nothing in this section limits Security Act (Public Law 116–136); may be Act (Public Law 116–139) and submit such up- the authority of the Inspector General or the distributed using contracts or agreements dates to the Secretary not later than 60 days Comptroller General to conduct audits of in- established for such program; and shall be after funds appropriated in this paragraph in terim payments at an earlier date: Provided subject to the process requirements applica- this Act have been awarded to such recipi- further, That not later than 60 days after the ble to such program: Provided further, That ent: Provided further, That funds an entity date of enactment of this Act, the Secretary the Secretary may specify a minimum receives from amounts described in the first of Health and Human Services shall provide amount for each eligible entity accepting as- proviso in this paragraph may also be used a report to the Committees on Appropria- sistance under the two previous provisos: for the rent, lease, purchase, acquisition, tions of the House of Representatives and Provided further, That of the amount made construction, alteration, renovation, or the Senate on obligation of funds, including available under this heading in this Act to equipping of non-federally owned facilities to obligations to such eligible health care pro- prevent, prepare for, and respond to improve coronavirus preparedness and re- viders summarized by State of the payment coronavirus, $5,000,000, shall be available to sponse capability at the State and local receipt: Provided further, That such reports implement section 747A of the PHS Act and level: Provided further, That such amount is shall be updated and submitted to such Com- section 747A(c) shall not apply to these designated by the Congress as being for an mittees every 60 days until funds are ex- funds: Provided further, That such amount is emergency requirement pursuant to section pended: Provided further, That such amount designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and is designated by the Congress as being for an emergency requirement pursuant to section Emergency Deficit Control Act of 1985. emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Public 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Health and Social Services Emergency Emergency Deficit Control Act of 1985.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.043 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4799

GENERAL PROVISIONS lated and accrued annual leave under section Subtitle C—Education (INCLUDING TRANSFER OF FUNDS) 5551 or section 5552 of title 5, United States DEPARTMENT OF EDUCATION SEC. ll10. Funds appropriated by this Code. EDUCATION STABILIZATION FUND SEC. ll13. The paragraph codified at 42 subtitle may be used by the Secretary of the For an additional amount for ‘‘Education U.S.C. 231 shall be applied in this and all Department of Health and Human Services Stabilization Fund’’, $105,000,000,000, to re- other fiscal years as though the phrase ‘‘cen- to appoint, without regard to the provisions main available through September 30, 2021, tral services’’ referred to central services for of sections 3309 through 3319 of title 5 of the to prevent, prepare for, and respond to any Federal agency, and this section shall be United States Code, candidates needed for coronavirus, domestically or internation- effective as if enacted on the date of enact- positions to perform critical work relating ally: Provided, That such amount is des- ment of such paragraph. to coronavirus for which— ignated by the Congress as being for an SEC. ll14. Funds appropriated by this (1) public notice has been given; and subtitle to the heading ‘‘Department of emergency requirement pursuant to section (2) the Secretary of Health and Human 251(b)(2)(A)(i) of the Balanced Budget and Health and Human Services’’ except for the Services has determined that such a public Emergency Deficit Control Act of 1985. amounts specified in the third, and fourth health threat exists. paragraphs under the heading ‘‘Public GENERAL PROVISIONS SEC. ll11. Funds made available by this EDUCATION STABILIZATION FUND subtitle may be used to enter into contracts Health and Social Services Emergency with individuals for the provision of personal Fund’’, may be transferred to, and merged SEC. ll21. (a) ALLOCATIONS.—From the services (as described in section 104 of part 37 with, other appropriation accounts under the amount made available under this heading in this Act to carry out the Education Sta- of title 48, Code of Federal Regulations (48 headings ‘‘Centers for Disease Control and bilization Fund, the Secretary shall first al- CFR 37.104)) to support the prevention of, Prevention’’, ‘‘Public Health and Social Services Emergency Fund’’, ‘‘Administration locate— preparation for, or response to coronavirus, for Children and Families’’, ‘‘Administration (1) not more than one half of 1 percent to domestically and internationally, subject to for Community Living’’, and ‘‘National Insti- the outlying areas on the basis of the terms prior notification to the Committees on Ap- tutes of Health’’ to prevent, prepare for, and and conditions for funding provided under propriations of the House of Representatives respond to coronavirus following consulta- this heading in the Coronavirus Aid, Relief, and the Senate: Provided, That such individ- tion with the Office of Management and and Economic Security (CARES) Act (Public uals may not be deemed employees of the Budget: Provided, That the Committees on Law 116–136); and United States for the purpose of any law ad- Appropriations of the House of Representa- (2) one-half of 1 percent for the Secretary ministered by the Office of Personnel Man- tives and the Senate shall be notified 10 days of the Interior for programs operated or agement: Provided further, That the author- in advance of any such transfer: Provided fur- funded by the Bureau of Indian Education, ity made available pursuant to this section ther, That, upon a determination that all or under the terms and conditions established shall expire on September 30, 2024. part of the funds transferred from an appro- for funding provided under this heading in SEC. ll12. (a) If services performed by an employee during 2020 are determined by the priation by this subtitle are not necessary, the CARES Act (Public Law 116–136). (b) RESERVATIONS.—After carrying out sub- head of the agency to be primarily related to such amounts may be transferred back to section (a), the Secretary shall reserve the preparation, prevention, or response to that appropriation: Provided further, That remaining funds made available as follows: coronavirus, any premium pay for such serv- none of the funds made available by this sub- (1) 5 percent to carry out section ll22 of ices shall be disregarded in calculating the title may be transferred pursuant to the au- this title. aggregate of such employee’s basic pay and thority in section 205 of division A of Public (2) 67 percent to carry out section ll23 of premium pay for purposes of a limitation Law 116–94 or section 241(a) of the PHS Act. SEC. ll15. Of the funds appropriated by this title. under section 5547(a) of title 5, United States this subtitle under the heading ‘‘Public (3) 28 percent to carry out section ll24 of Code, or under any other provision of law, Health and Social Services Emergency this title. whether such employee’s pay is paid on a bi- Fund’’, up to $6,000,000 shall be transferred weekly or calendar year basis. GOVERNOR’S EMERGENCY EDUCATION RELIEF (b) Any overtime pay for such services to, and merged with, funds made available FUND shall be disregarded in calculating any an- under the heading ‘‘Office of the Secretary, SEC. ll22. (a) GRANTS.—From funds re- nual limit on the amount of overtime pay Office of Inspector General’’, and shall reserved under section ll21(b)(1) of this title, payable in a calendar or fiscal year. main available until expended, for oversight the Secretary shall make supplemental (c) With regard to such services, any pay of activities supported with funds appro- Emergency Education Relief grants to the that is disregarded under either subsection priated to the Department of Health and Governor of each State with an approved ap- (a) or (b) shall be disregarded in calculating Human Services to prevent, prepare for, and plication under section 18002 of division B of such employee’s aggregate pay for purposes respond to coronavirus, domestically or the CARES Act (Public Law 116–136). The of the limitation in section 5307 of such title internationally: Provided, That the Inspector Secretary shall award funds under this sec- 5. General of the Department of Health and tion to the Governor of each State with an (d)(1) Pay that is disregarded under sub- Human Services shall consult with the Com- approved application within 30 calendar days section (a) or (b) shall not cause the aggre- mittees on Appropriations of the House of of enactment of this Act. gate of the employee’s basic pay and pre- Representatives and the Senate prior to obli- (b) ALLOCATIONS.—The amount of each mium pay for the applicable calendar year to gating such funds: Provided further, That the grant under subsection (a) shall be allocated exceed the rate of basic pay payable for a po- transfer authority provided by this section is by the Secretary to each State as follows: sition at level II of the Executive Schedule in addition to any other transfer authority (1) 60 percent on the basis of their relative under section 5313 of title 5, United States provided by law. population of individuals aged 5 through 24. Code, as in effect at the end of such calendar SEC. ll16. Funds made available in Public (2) 40 percent on the basis of their relative year. Law 113–235 to the accounts of the National number of children counted under section (2) For purposes of applying this subsection Institutes of Health that were available for 1124(c) of the Elementary and Secondary to an employee who would otherwise be sub- obligation through fiscal year 2015 are to re- Education Act of 1965 (referred to under this ject to the premium pay limits established main available through fiscal year 2021 for heading as ‘‘ESEA’’). under section 5547 of title 5, United States the liquidation of valid obligations incurred (c) USES OF FUNDS.—Grant funds awarded Code, ‘‘premium pay’’ means the premium in fiscal year 2015: Provided, That such under subsection (b) may be used to— pay paid under the provisions of law cited in amount is designated by the Congress as (1) provide emergency support through section 5547(a). being for an emergency requirement pursu- grants to local educational agencies that the (3) For purposes of applying this subsection ant to section 251(b)(2)(A)(i) of the Balanced State educational agency deems have been to an employee under a premium pay limit Budget and Emergency Deficit Control Act most significantly impacted by coronavirus established under an authority other than of 1985. to support the ability of such local edu- section 5547 of title 5, United States Code, SEC. ll17. Section 675B(b)(3) of the Com- cational agencies to continue to provide edu- the agency responsible for administering munity Services Block Grant Act (42 U.S.C. cational services to their students and to such limit shall determine what payments 9906(b)(3)) shall not apply with respect to support the on-going functionality of the are considered premium pay. funds appropriated by the Coronavirus Aid, local educational agency; (e) This section shall take effect as if en- Relief, and Economic Security Act (Public (2) provide emergency support through acted on February 2, 2020. Law 116–136) to carry out the Community grants to institutions of higher education (f) If application of this section results in Services Block Grant Act (42 U.S.C. 9901 et serving students within the State that the the payment of additional premium pay to a seq.): Provided, That the amounts repurposed Governor determines have been most signifi- covered employee of a type that is normally in this section that were previously des- cantly impacted by coronavirus to support creditable as basic pay for retirement or any ignated by the Congress as an emergency re- the ability of such institutions to continue other purpose, that additional pay shall quirement pursuant to the Balanced Budget to provide educational services and support not— and Emergency Deficit Control Act of 1985 the on-going functionality of the institution; (1) be considered to be basic pay of the cov- are designated by the Congress as an emer- and ered employee for any purpose; or gency requirement pursuant to section (3) provide support to any other institution (2) be used in computing a lump-sum pay- 251(b)(2)(A)(i) of the Balanced Budget and of higher education, local educational agen- ment to the covered employee for accumu- Emergency Deficit Control Act of 1985. cy, or education related entity within the

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.043 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4800 CONGRESSIONAL RECORD — SENATE August 4, 2020 State that the Governor deems essential for quirements in subparagraphs (A) through (G) Planning for and coordinating during carrying out emergency educational services (C). long-term closures, including for how to pro- to students for authorized activities de- (A) A local educational agency that provide meals to eligible students, how to pro- scribed in section ll23(e) of this title, the vides in-person instruction for at least 50 vide technology for online learning to all ESEA of 1965, the Higher Education Act of percent of its students where the students students, how to provide guidance for car- 1965, the provision of child care and early physically attend school no less than 50 per- rying out requirements under the Individuals childhood education, social and emotional cent of each school-week, as it was defined with Disabilities Education Act (20 U.S.C. support, career and technical education, by the local educational agency prior to the 1401 et seq.) and how to ensure other edu- adult education, and the protection of edu- coronavirus emergency, shall have its plan cational services can continue to be provided cation-related jobs. automatically approved. consistent with all Federal, State, and local (d) REALLOCATION.—Each Governor shall (B) A local educational agency that does requirements. return to the Secretary any funds received not provide in-person instruction to any stu- (H) Purchasing educational technology (in- under this section that the Governor does dents where the students physically attend cluding hardware, software, and not award within 6 months of receiving such school in-person shall not be eligible to re- connectivity) for students who are served by funds and the Secretary shall reallocate such ceive a subgrant under paragraph (2). the local educational agency or non-public funds to the remaining States in accordance (C) A local educational agency that pro- school that aids in regular and substantive with subsection (b). vides in-person instruction to at least some educational interaction between students (e) REPORT.—A Governor receiving funds students where the students physically at- and their classroom instructors, including under this section shall submit a report to tend school in-person but does not satisfy low-income students and students with dis- the Secretary, not later than 6 months after the requirements in subparagraph (A) shall abilities, which may include assistive tech- receiving funding provided in this title, in have its allocation reduced on a pro rata nology or adaptive equipment. such manner and with such subsequent fre- basis as determined by the Governor. (I) Expanding healthcare and other health services (including mental health services quency as the Secretary may require, that (d) PLAN CONTENTS.—A school reopening provides a detailed accounting of the use of plan submitted to a Governor under sub- and supports), including for children at risk funds provided under this section. section (c)(2) shall include, in addition to of abuse or neglect. (J) Planning and implementing activities ELEMENTARY AND SECONDARY SCHOOL any other information necessary to meet the related to summer learning and supple- EMERGENCY RELIEF FUND criteria determined by the Governor— mental afterschool programs, including pro- (1) A detailed timeline for when the local SEC. ll23. (a) GRANTS.—From funds re- viding classroom instruction or online learn- educational agency will provide in-person in- served under section ll21(b)(2) of this title, ing during the summer months and address- struction, including the goals and criteria the Secretary shall make supplemental ele- ing the needs of low-income students, stu- used for providing full-time in-person in- mentary and secondary school emergency re- dents with disabilities, English learners, mi- struction to all students; lief grants to each State educational agency grant students, students experiencing home- (2) A description of how many days of in- with an approved application under section lessness, and children in foster care. person instruction per calendar week the 18003 of division B of the CARES Act (Public (2) A local educational agency that re- local educational agency plans to offer to Law 116–136). The Secretary shall award ceives funds under subsection (c)(2) may use funds under this section to each State edu- students during the 2020–2021 school year; the funds for activities to carry out a com- cational agency with an approved applica- and prehensive school reopening plan as de- tion within 15 calendar days of enactment of (3) An assurance that the local educational scribed in this section, including: this Act. agency will offer students as much in-person (A) Purchasing personal protective equip- (b) ALLOCATIONS TO STATES.—The amount instruction as is safe and practicable, con- ment, implementing flexible schedules to of each grant under subsection (a) shall be sistent with maintaining safe and contin- keep children in isolated groups, purchasing allocated by the Secretary to each State in uous operations aligned with challenging box lunches so that children can eat in their the same proportion as each State received state academic standards. classroom, purchasing physical barriers, pro- under part A of title I of the ESEA of 1965 in (e) USES OF FUNDS.— viding additional transportation services, the most recent fiscal year. (1) A local educational agency or non-pub- repurposing existing school rooms and space, (c) SUBGRANTS.—From the payment pro- lic school that receives funds under sub- and improving ventilation systems. vided by the Secretary under subsection (b), section (c)(1) or section ll25 may use funds (B) Developing and implementation of pro- the State educational agency shall provide for any of the following: cedures and systems to improve the pre- services and assistance to local educational (A) Activities to support returning to in- paredness and response efforts of local edu- agencies and non-public schools, consistent person instruction, including purchasing per- cational agencies or non-public schools, in- with the provisions of this subtitle. After sonal protective equipment, implementing cluding coordination with State, local, Trib- carrying out the reservation of funds in sec- flexible schedules to keep children in iso- al, and territorial public health departments, tion ll25 of this title, each State shall allo- lated groups, purchasing box lunches so that and other relevant agencies, to improve co- cate not less than 90 percent of the remain- children can eat in their classroom, pur- ordinated responses among such entities to ing grant funds awarded to the State under chasing physical barriers, providing addi- prevent, prepare for, and respond to this section as subgrants to local edu- tional transportation services, repurposing coronavirus. cational agencies (including charter schools existing school rooms and space, and improv- (C) Providing principals and others school that are local educational agencies) in the ing ventilation systems. leaders with the resources necessary to ad- State in proportion to the amount of funds (B) Developing and implementing proce- dress the needs of their individual schools. such local educational agencies and charter dures and systems to improve the prepared- (D) Providing additional services to ad- schools that are local educational agencies ness and response efforts of local educational dress the unique needs of low-income chil- received under part A of title I of the ESEA agencies or non-public schools including co- dren or students, children with disabilities, of 1965 in the most recent fiscal year. The ordination with State, local, Tribal, and ter- English learners, racial and ethnic minori- state educational agency shall make such ritorial public health departments, and other ties, students experiencing homelessness, subgrants to local educational agencies as relevant agencies, to improve coordinated and foster care youth, including how out- follows— responses among such entities to prevent, reach and service delivery will meet the (1) one-third of funds shall be awarded not prepare for, and respond to coronavirus. needs of each population. less than 15 calendar days after receiving an (C) Providing principals and other school (E) Training and professional development award from the Secretary under this section; leaders with the resources necessary to ad- for staff of the local educational agency or and dress the needs of their individual schools di- non-public school on sanitation and mini- (2) the remaining two-thirds of funds shall rectly related to coronavirus. mizing the spread of infectious diseases. be awarded only after the local educational (D) Providing additional services to ad- (F) Purchasing supplies to sanitize, clean, agency submits to the Governor and the dress the unique needs of low-income chil- and disinfect the facilities of a local edu- Governor approves a comprehensive school dren or students, children with disabilities, cational agency or non-public school, includ- reopening plan for the 2020–2021 school-year, English learners, racial and ethnic minori- ing buildings operated by such agency. based on criteria determined by the Gov- ties, students experiencing homelessness, (G) Purchasing educational technology (in- ernor in consultation with the state edu- and foster care youth, including how out- cluding hardware, software, and cational agency (including criteria for the reach and service delivery will meet the connectivity) for students who are served by Governor to carry out subparagraph (A) needs of each population. the local educational agency or non-public through (C)), that describes how the local (E) Training and professional development school that aids in regular and substantive educational agency will safely reopen for staff of the local educational agency or educational interaction between students schools with the physical presence of stu- non-public school on sanitation and mini- and their classroom instructors, including dents, consistent with maintaining safe and mizing the spread of infectious diseases. low-income students and students with dis- continuous operations aligned with chal- (F) Purchasing supplies to sanitize, clean, abilities, which may include assistive tech- lenging state academic standards. The Gov- and disinfect the facilities of a local edu- nology or adaptive equipment. ernor shall approve such plans within 30 days cational agency or non-public school, includ- (H) Expanding healthcare and other health after the plan is submitted, subject to the re- ing buildings operated by such agency. services (including mental health services

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.043 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4801 and supports), including for children at risk such State impose any limits upon the use of after allocating funds under paragraphs of abuse or neglect. any such funds except as provided by sub- ll24(a)(1) and (2) of this Act, have the (I) Planning and implementing activities section (e). greatest unmet needs related to coronavirus. related to summer learning and supple- HIGHER EDUCATION EMERGENCY RELIEF FUND In awarding funds to institutions of higher mental afterschool programs, including pro- SEC. ll24. (a) IN GENERAL.—From funds education under this paragraph the Sec- viding classroom instruction during the sum- reserved under section ll21(b)(3) of this retary shall prioritize institutions of higher mer months and addressing the needs of low- title the Secretary shall allocate amounts as education— income students, students with disabilities, follows: (A) described under title I of the Higher English learners, migrant students, students (1) 85 percent to each institution of higher Education Act of 1965 that were not eligible experiencing homelessness, and children in education described in section 101 or section to receive an award under section ll24(a)(1) foster care. 102(c) of the Higher Education Act of 1965 to of this title, including institutions described (f) STATE FUNDING.—A State may reserve prevent, prepare for, and respond to in section 102(b) of the Higher Education Act not more than 5 percent of the funds not oth- coronavirus, by apportioning it— of 1965; and erwise allocated under subsection (c) and (A) 90 percent according to the relative (B) that otherwise demonstrate significant section ll25 for administrative costs and share of full-time equivalent enrollment of needs related to coronavirus that were not the remainder for emergency needs as deter- Federal Pell Grant recipients who were not addressed by funding allocated under sub- mined by the state educational agency to ad- exclusively enrolled in distance education sections (a)(1) or (a)(2) of this section. dress issues responding to coronavirus, courses prior to the coronavirus emergency; which may be addressed through the use of (b) DISTRIBUTION.—The funds made avail- and grants or contracts. able to each institution under subsection (B) 10 percent according to the relative (g) ASSURANCES.—A State, state edu- (a)(1) shall be distributed by the Secretary cational agency, or local educational agency share of full-time equivalent enrollment of using the same systems as the Secretary receiving funding under this section shall students who were not Federal Pell Grant re- otherwise distributes funding to each insti- cipients who were not exclusively enrolled in provide assurances, as applicable, that: tution under title IV of the Higher Edu- distance education courses prior to the (1) A State, State educational agency, or cation Act of 1965 (20 U.S.C. 1001 et seq.). local educational agency will maintain and coronavirus emergency. (c) USES OF FUNDS.—An institution of high- expand access to high-quality schools, in- (2) 10 percent for additional awards under cluding high-quality public charter schools, parts A and B of title III, parts A and B of er education receiving funds under this sec- and will not— title V, and subpart 4 of part A of title VII tion may use the funds received to: (A) enact policies to close or prevent the of the Higher Education Act to address needs (1) defray expenses associated with expansion of such schools to address revenue directly related to coronavirus, that shall be coronavirus (including lost revenue, reim- shortfalls that result in the disproportionate in addition to awards made in section bursement for expenses already incurred, closure or denial of expansion of public char- ll24(a)(1) of this title, and allocated by the technology costs associated with a transi- ter schools that are otherwise meeting the Secretary proportionally to such programs tion to distance education, faculty and staff terms of their charter for academic achieve- based on the relative share of funding appro- trainings, and payroll); and ment; or priated to such programs in the Further Con- (2) provide financial aid grants to students (B) disproportionally reduce funding to solidated Appropriations Act, 2020 (Public (including students exclusively enrolled in charter schools or otherwise increase fund- Law 116–94) and distributed to eligible insti- distance education), which may be used for ing gaps between charter schools and other tutions of higher education, except as other- any component of the student’s cost of at- public schools in the local educational agen- wise provided in subparagraphs (A)–(D), on tendance or for emergency costs that arise cy. the basis of the formula described in section due to coronavirus. ll24(a)(1) of this title: (2) Allocations of funding and services pro- (d) SPECIAL PROVISIONS.— (A) Except as otherwise provided in sub- vided from funds provided in this section to (1) A Historically Black College and Uni- paragraph (B), for eligible institutions under public charter schools are made on the same versity or a Minority Serving Institution part B of title III and subpart 4 of part A of basis as is used for all public schools, con- may use prior awards provided under titles title VII of the Higher Education Act, the sistent with state law and in consultation III, V, and VII of the Higher Education Act Secretary shall allot to each eligible institu- with charter school leaders. to prevent, prepare for, and respond to tion an amount using the following formula: (h) REPORT.—A State receiving funds under coronavirus. (i) 70 percent according to a ratio equiva- this section shall submit a report to the Sec- (2) An institution of higher education re- lent to the number of Pell Grant recipients retary, not later than 6 months after receiv- ceiving funds under section 18004 of division in attendance at such institution at the end ing funding provided in this title, in such B of the CARES Act (Public Law 116–136) of the school year preceding the beginning of manner and with such subsequent frequency may use those funds under the terms and the most recent fiscal year and the total as the Secretary may require, that provides conditions of section ll24(c) of this Act. number of Pell Grant recipients at all such a detailed accounting of the use of funds pro- Amounts repurposed pursuant to this para- institutions; vided under this section. graph that were previously designated by the (ii) 20 percent according to a ratio equiva- (i) REALLOCATION.—A State shall return to Congress as an emergency requirement pur- lent to the total number of students enrolled the Secretary any funds received under this suant to the Balanced Budget and Emer- at such institution at the end of the school section that the State does not award within gency Deficit Control Act of 1985 are des- year preceding the beginning of that fiscal 4 months of receiving such funds and the ignated by the Congress as an emergency re- year and the number of students enrolled at Secretary shall deposit such funds into the quirement pursuant to section 251(b)(2)(A)(i) all such institutions; and general fund of the Treasury. of the Balanced Budget and Emergency Def- (j) RULE OF CONSTRUCTION.— (iii) 10 percent according to a ratio equiva- icit Control Act of 1985. (1) The receipt of any funds authorized or lent to the total endowment size at all eligi- (3) No funds received by an institution of appropriated under this section, including ble institutions at the end of the school year higher education under this section shall be pursuant to section 25 of this Act, by a preceding the beginning of that fiscal year ll used to fund contractors for the provision of nonprofit entity, or by any individual who and the total endowment size at such insti- pre-enrollment recruitment activities; en- has been admitted or applied for admission tutions; dowments; or capital outlays associated with to such entity (or any parent or guardian of (B) For eligible institutions under section facilities related to athletics, sectarian in- such individual), shall not be construed to 326 of the Higher Education Act, the Sec- struction, or religious worship. render such entity or person a recipient of retary shall allot to each eligible institution (4) An institution of higher education that Federal financial assistance for any purpose, an amount in proportion to the award re- was required to remit payment to the Inter- nor shall any such person or entity be received from funding for such institutions in nal Revenue Service for the excise tax based quired to make any alteration to its existing the Further Consolidated Appropriations on investment income of private colleges and programs, facilities, or employment prac- Act, 2020 (Public Law 116–94); universities under section 4968 of the Inter- tices except as required under this section. (C) For eligible institutions under section nal Revenue Code of 1986 for tax year 2019 (2) No State participating in any program 316 of the Higher Education Act, the Sec- shall have their allocation under this section under this section, including pursuant to retary shall allot funding according to the reduced by 50 percent and may only use section 25 of this Act, shall impose any formula in section 316(d)(3) of the Higher ll funds for activities described in paragraph penalty or additional requirement upon, or Education Act; and (c)(2). This paragraph shall not apply to an otherwise disadvantage, such entity or per- (D) Notwithstanding section 318(f) of the institution of higher education designated by son as a consequence or condition of its re- Higher Education Act, for eligible institu- the Secretary as an eligible institution ceipt of such funds. tions under section 318 of the Higher Edu- under section 448 of the Higher Education (3) No State participating in any program cation Act, the Secretary shall allot funding Act of 1965. under this section shall authorize any person according to the formula in section 318(e) of or entity to use any funds authorized or ap- the Higher Education Act. (e) REPORT.—An institution receiving propriated under this section, including pur- (3) 5 percent for grants to institutions of funds under this section shall submit a re- suant to section ll25 of this Act, except as higher education that the Secretary deter- port to the Secretary, not later than 6 provided by subsection (e), nor shall any mines, through an application process and months after receiving funding provided in

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.043 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4802 CONGRESSIONAL RECORD — SENATE August 4, 2020 this title, in such manner and with such sub- (4) the term ‘‘State’’ means each of the 50 and audit of programs, grants, and projects sequent frequency as the Secretary may re- States, the District of Columbia, and the funded in this title to respond to quire, that provides a detailed accounting of Commonwealth of Puerto Rico; coronavirus: Provided, That such amount is the use of funds provided under this section. (5) the term ‘‘cost of attendance’’ has the designated by the Congress as being for an (f) REALLOCATION.—Any funds allocated to meaning given such term in section 472 of emergency requirement pursuant to section an institution of higher education under this the Higher Education Act of 1965; 251(b)(2)(A)(i) of the Balanced Budget and section on the basis of a formula described in (6) the term ‘‘Non-public school’’ means a Emergency Deficit Control Act of 1985. subsection (a)(1) or (a)(2) but for which an in- non-public elementary and secondary school GENERAL PROVISIONS stitution does not apply for funding within that (A) is accredited, licensed, or otherwise SEC. ll29. Funds made available in Public 60 days of the publication of the notice invit- operates in accordance with State law; and ing applications, shall be reallocated to eli- Law 115–245 under the heading ‘‘National (B) was in existence prior to the date of the Technical Institute for the Deaf’’ that were gible institutions that had submitted an ap- qualifying emergency for which grants are plication by such date. available for obligation through fiscal year awarded under this section; 2019, and where a valid obligation was in- ASSISTANCE TO NON-PUBLIC SCHOOLS (7) the term ‘‘public school’’ means a pub- curred in such fiscal year, are to remain SEC. ll25. (a) FUNDS AVAILABILITY.—From lic elementary or secondary school; and available for obligation and expenditure by the payment provided by the Secretary (8) any other term used that is defined in educational agencies or institutions through under section ll23 of this title to a State section 8101 of the Elementary and Sec- fiscal year 2021, notwithstanding section educational agency, the State educational ondary Education Act of 1965 (20 U.S.C. 7801) 412(b) of the General Education Provisions agency shall reserve an amount of funds shall have the meaning given the term in Act (20 U.S.C. 1225): Provided, That such equal to the percentage of students enrolled such section. amount is designated by the Congress as in non-public elementary and secondary MAINTENANCE OF EFFORT being for an emergency requirement pursu- schools in the State prior to the coronavirus SEC. ll28. A State’s application for funds ant to section 251(b)(2)(A)(i) of the Balanced emergency. Upon reserving funds under this to carry out sections ll22 or ll23 of this Budget and Emergency Deficit Control Act section, the Governor of the State shall title shall include assurances that the State of 1985. award such funds equally to each non-public will maintain support for elementary and SEC. ll30. Funds made available in Public school accredited or otherwise located in and secondary education, and State support for Law 115–245 under the heading ‘‘Gallaudet licensed to operate in the State based on the higher education (which shall include State University’’ that were available for obliga- number of low-income students enrolled in funding to institutions of higher education tion through fiscal year 2019, and where a the non-public school as a share of all low-in- and state need-based financial aid, and shall valid obligation was incurred in such fiscal come students enrolled in non-public ele- not include support for capital projects or year, are to remain available for obligation mentary and secondary schools in the State for research and development or tuition and and expenditure by educational agencies or prior to the coronavirus emergency, subject fees paid by students) in fiscal years 2020 and institutions through fiscal year 2021, not- to the requirements in subsection (b). 2021 at least at the proportional levels of withstanding section 412(b) of the General (b)(1) A non-public school that provides in- such State’s support for elementary and sec- Education Provisions Act (20 U.S.C. 1225): person instruction for at least 50 percent of ondary education and for higher education Provided, That such amount is designated by its students where the students physically relative to such States overall spending in the Congress as being for an emergency re- attend school no less than 50 percent of each fiscal year 2019. quirement pursuant to section 251(b)(2)(A)(i) school-week, as determined by the non-pub- of the Balanced Budget and Emergency Def- lic school prior to the coronavirus emer- STUDENT AID ADMINISTRATION icit Control Act of 1985. gency, shall be eligible for the full amount of For an additional amount for ‘‘Student Aid SEC. ll31. Funds made available in Public assistance per student as prescribed under Administration’’, $40,000,000, to remain available through September 30, 2021, to prevent, Law 113–76 under the heading ‘‘Innovation this section. and Improvement’’ that were available for (2) A non-public school that does not pro- prepare for, and respond to coronavirus, do- obligation through December 31, 2014 for the vide in-person instruction to any students mestically or internationally, for carrying Investing in Innovation program pursuant to where the students physically attend school out part D of title I, and subparts 1, 3, 9 and the eighth and ninth provisos under that in-person shall only be eligible for one-third 10 of part A, and parts B, C, D, and E of title heading in that Act are to remain available of the amount of assistance per student as IV of the HEA, and subpart 1 of part A of through fiscal year 2021 for the liquidation of prescribed under this section. title VII of the Public Health Service Act: (3) A non-public school that provides in- Provided, That such amount is designated by valid obligations incurred in fiscal years 2014 person instruction to at least some students the Congress as being for an emergency re- or 2015: Provided, That such amount is des- where the students physically attend school quirement pursuant to section 251(b)(2)(A)(i) ignated by the Congress as being for an in-person but does not satisfy the require- of the Balanced Budget and Emergency Def- emergency requirement pursuant to section ments in paragraph (1) shall have its amount icit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. of assistance as prescribed under this section INSTITUTE OF EDUCATION SCIENCES reduced on a pro rata basis, which shall be SEC. ll32. Funds made available in Public For an additional amount for ‘‘Institute of calculated using the same methodology as is Law 113–76 under the heading ‘‘Rehabilita- Education Sciences’’, $65,000,000, to remain used under section 23(c)(2)(C) of this tion Services and Disability Research’’ that ll available through September 30, 2021, to pre- title. were available for obligation through fiscal vent, prepare for, and respond to (4) A Governor shall allocate not less than year 2015 for the Automated Personalization coronavirus, domestically or internation- 50 percent of the funds reserved in this sec- Computing Project pursuant to the first four ally, for carrying out the National Assess- tion to non-public schools within 30 days of provisos under that heading in that Act are ment of Educational Progress Authorization receiving an award from the Secretary and to remain available through fiscal year 2021 Act (title III of Public Law 107–279): Provided, the remaining 50 percent not less than 4 for the liquidation of valid obligations in- That such amount is designated by the Con- months after receiving an award from the curred in fiscal years 2014 or 2015: Provided, gress as being for an emergency requirement Secretary. That such amount is designated by the Con- pursuant to section 251(b)(2)(A)(i) of the Bal- gress as being for an emergency requirement CONTINUED PAYMENT TO EMPLOYEES anced Budget and Emergency Deficit Control pursuant to section 251(b)(2)(A)(i) of the Bal- SEC. ll26. A local educational agency, Act of 1985. anced Budget and Emergency Deficit Control State, institution of higher education, or DEPARTMENTAL MANAGEMENT Act of 1985. other entity that receives funds under ‘‘Edu- cation Stabilization Fund’’, shall to the PROGRAM ADMINISTRATION Subtitle D—Related Matters greatest extent practicable, continue to pay For an additional amount for ‘‘Program RELATED AGENCIES its employees and contractors during the pe- Administration’’, $8,000,000, to remain avail- CORPORATION FOR PUBLIC BROADCASTING riod of any disruptions or closures related to able through September 30, 2021, to prevent, For an additional amount for ‘‘Corporation coronavirus. prepare for, and respond to coronavirus, do- for Public Broadcasting,’’ $175,000,000, to re- DEFINITIONS mestically or internationally: Provided, That main available until September 30, 2021, to such amount is designated by the Congress SEC. ll27. Except as otherwise provided prevent, prepare for, and respond to as being for an emergency requirement pur- in sections ll21–ll26 of this title, as used coronavirus, including for fiscal stabilization in such sections— suant to section 251(b)(2)(A)(i) of the Bal- grants to public telecommunications enti- (1) the terms ‘‘elementary education’’ and anced Budget and Emergency Deficit Control ties, as defined by 47 U.S.C. 397(12), with no ‘‘secondary education’’ have the meaning Act of 1985. deduction for administrative or other costs given such terms under State law; OFFICE OF INSPECTOR GENERAL of the Corporation, to maintain program- (2) the term ‘‘institution of higher edu- For an additional amount for ‘‘Office of In- ming and services and preserve small and cation’’ has the meaning given such term in spector General’’, $7,000,000, to remain avail- rural stations threatened by declines in non- title I of the Higher Education Act of 1965 (20 able through September 30, 2022, to prevent, Federal revenues: Provided, That such U.S.C. 1001 et seq.); prepare for, and respond to coronavirus, do- amount is designated by the Congress as (3) the term ‘‘Secretary’’ means the Sec- mestically or internationally, including for being for an emergency requirement pursu- retary of Education; salaries and expenses necessary for oversight ant to section 251(b)(2)(A)(i) of the Balanced

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.043 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4803 Budget and Emergency Deficit Control Act demn gross human rights violations of validate, manufacture, purchase, administer, of 1985. ethnic Turkic Muslims in Xinjiang, and and expand capacity for COVID–19 tests to GENERAL PROVISIONS—THIS TITLE calling for an end to arbitrary deten- effectively monitor and suppress COVID–19. SEC. ll41. Not later than 30 days after the tion, torture, and harassment of these Mr. TOOMEY (for himself date of enactment of this Act, the Secre- SA 2528. communities inside and outside China; and Mrs. CAPITO) submitted an amend- taries of Labor, Health and Human Services, which was ordered to lie on the table; and Education shall provide a detailed spend ment intended to be proposed by him plan of anticipated uses of funds made avail- as follows: to the bill S. 178, to condemn gross able in this title, including estimated per- At the appropriate place, insert the fol- human rights violations of ethnic sonnel and administrative costs, to the Com- lowing: Turkic Muslims in Xinjiang, and call- mittees on Appropriations of the House of SEC. ll. PARTNERSHIPS WITH STATE ACA- ing for an end to arbitrary detention, Representatives and the Senate: Provided, DEMIC CENTERS AND PUBLIC torture, and harassment of these com- That such plans shall be updated and sub- HEALTH DEPARTMENTS. (a) IN GENERAL.—The Secretary of Health munities inside and outside China; mitted to such Committees every 60 days which was ordered to lie on the table; until September 30, 2024: Provided further, and Human Services (referred to in this sec- That the spend plans shall be accompanied tion as the ‘‘Secretary’’) shall partner with as follows: by a listing of each contract obligation in- State-based institutions of higher education At the appropriate place, insert the fol- curred that exceeds $5,000,000 which has not (as defined in section 101(a) of the Higher lowing: previously been reported, including the Education Act of 1965 (20 U.S.C. 1001(a))) and SEC. ll. ENSURING PROCESSING OF APPROVED amount of each such obligation. public health departments to perform state- AND PENDING APPLICATIONS SEC. ll42. (a) The remaining unobligated wide, regional seroprevalence studies in UNDER MEDICARE HOSPITAL AC- balances of funds as of September 30, 2020, States with a prevalence of COVID–19 that is CELERATED AND ADVANCE PAY- MENTS PROGRAMS. from amounts provided under the heading greater than 1,000 per 100,000 people. Any (a) IN GENERAL.— ‘‘Corporation for National and Community such study shall involve, at minimum, the number of State residents required to (1) PART A.—Section 1815(f) of the Social Service—Operating Expenses’’ in title IV of Security Act (42 U.S.C. 1395g(f)) is amended— division A of the Further Consolidated Ap- achieve statistical significance to estimate seroprevalence across the State. (A) by redesignating paragraphs (3) and (4) propriations Act, 2020 (Public Law 116–94), as paragraphs (4) and (5), respectively; and are hereby permanently rescinded, and an (b) FUNDING.—The Secretary shall allocate funds to carry out this section from any un- (B) by inserting after paragraph (2) the fol- amount of additional new budget authority lowing new paragraph: equivalent to the amount rescinded is hereby obligated amounts of the additional amount of $25,000,000,000 appropriated to the Public ‘‘(3) In the case of any request for an accel- appropriated on September 30, 2020, to re- erated payment under the program under Health and Social Services Emergency Fund, main available until September 30, 2021, and subsection (e)(3) pursuant to paragraph (2) under the heading ‘‘Public Health and Social shall be available for the same purposes, in that was submitted prior to April 26, 2020, Services Emergency Fund’’ under the head- addition to other funds as may be available and for which such payment has not been ing ‘‘Office of the Secretary’’ under the head- for such purposes, and under the same au- issued as of the date of enactment of this ing ‘‘Department of Health and Human Serv- thorities for which the funds were originally paragraph, the Secretary shall— ices’’ under title I of division B of the Pay- provided in Public Law 116–94: Provided, That ‘‘(A) in the case of any such request that check Protection Program and Health Care any amounts appropriated by the preceding was approved, not later than 15 days after Enhancement Act (Public Law 116–139) for proviso shall not be subject to the allotment such date of enactment, provide for the necessary expenses to research, develop, requirements otherwise applicable under sec- issuance of such payment to such hospital; validate, manufacture, purchase, administer, tions 129(a), (b), (d), and (e) of the National and and expand capacity for COVID–19 tests to and Community Service Act of 1993: Provided ‘‘(B) in the case of any such request for effectively monitor and suppress COVID–19. further, That such amount is designated by which no determination has been made re- the Congress as being for an emergency re- Mr. TOOMEY submitted an garding eligibility of a hospital for such pay- quirement pursuant to section 251(b)(2)(A)(i) SA 2527. ment as of the date of enactment of this of the Balanced Budget and Emergency Def- amendment intended to be proposed by paragraph, not later than 15 days after such icit Control Act of 1985. him to the bill S. 178, to condemn gross date of enactment, review the request and, if (b)(1) Subsection (b) of section 3514 of title human rights violations of ethnic the hospital is eligible for such payment, III of division A of the CARES Act (Public Turkic Muslims in Xinjiang, and call- issue such payment to such hospital.’’. Law 116–136) is hereby repealed, and shall be ing for an end to arbitrary detention, (2) PART B.—In the case of any request for applied hereafter as if such subsection had torture, and harassment of these com- an advance payment under the advance pay- never been enacted. ments program described in section 421.214 of (2)(A) IN GENERAL.—The amounts provided munities inside and outside China; title 42, Code of Federal Regulations (or a under this subsection are designated as an which was ordered to lie on the table; successor regulation) that was submitted emergency requirement pursuant to section as follows: prior to April 26, 2020, and for which such 4(g) of the Statutory Pay-As-You-Go Act of At the appropriate place, insert the fol- payment has not been issued as of the date of 2010 (2 U.S.C. 933(g)). lowing: enactment of this paragraph, the Secretary (B) DESIGNATION IN SENATE.—In the Senate, SEC. ll. PARTNERSHIPS WITH STATE ACA- of Health and Human Services shall— this subsection is designated as an emer- DEMIC CENTERS AND PUBLIC (A) in the case of any such request that gency requirement pursuant to section HEALTH DEPARTMENTS. was approved, not later than 15 days after 4112(a) of H. Con. Res. 71 (115th Congress), the (a) IN GENERAL.—The Secretary of Health such date of enactment, provide for the concurrent resolution on the budget for fis- and Human Services (referred to in this sec- issuance of such payment to such supplier; cal year 2018. tion as the ‘‘Secretary’’) shall partner with and (C) CLASSIFICATION OF BUDGETARY EF- State-based institutions of higher education (B) in the case of any such request for FECTS.—Notwithstanding Rule 3 of the Budg- (as defined in section 101(a) of the Higher which no determination has been made re- et Scorekeeping Guidelines set forth in the Education Act of 1965 (20 U.S.C. 1001(a))) and garding eligibility of a supplier for such pay- joint explanatory statement of the com- public health departments to perform statement as of the date of enactment of this mittee of conference accompanying Con- wide, regional seroprevalence studies in paragraph, not later than 15 days after such ference Report 105–217 and section 250(c)(7) States with a prevalence of COVID–19 that is date of enactment, review the request and, if and (c)(8) of the Balanced Budget and Emer- greater than 1,000 per 100,000 people. Any the supplier is eligible for such payment, gency Deficit Control Act of 1985, the budg- such study shall involve, at minimum, the issue such payment to such supplier. etary effects of this subsection— number of State residents required to (3) ADDITIONAL TRANSITIONAL GOVERNMENT (i) shall not be estimated for purposes of achieve statistical significance to estimate CONTRIBUTION.—Section 1844 of the Social Se- section 251 of such Act; seroprevalence across the State. curity Act (42 U.S.C. 1395w) is amended by (ii) shall not be estimated for purposes of (b) FUNDING.—The Secretary shall allocate adding at the end the following: paragraph (4)(C) of section 3 of the Statutory funds to carry out this section from any un- ‘‘(e)(1) There shall be transferred from the Pay As-You-Go Act of 2010 as being included obligated amounts of the additional amount General Fund of the Treasury to the Trust in an appropriation Act; and of $25,000,000,000 appropriated to the Public Fund an amount, as estimated by the Chief (iii) shall be treated as if they were con- Health and Social Services Emergency Fund, Actuary of the Centers for Medicare & Med- tained in a PAYGO Act, as defined by section under the heading ‘‘Public Health and Social icaid Services, equal to amounts paid under 3(7) of the Statutory Pay-As-You-Go Act of Services Emergency Fund’’ under the head- the advance payment program under section 2010 (2 U.S.C. 932(7)). ing ‘‘Office of the Secretary’’ under the head- 421.214 of title 42, Code of Federal Regula- ing ‘‘Department of Health and Human Serv- Mr. TOOMEY submitted an tions (or any successor regulation) pursuant SA 2526. ices’’ under title I of division B of the Pay- to section ll(a)(2) of the ll Act of 2020. amendment intended to be proposed to check Protection Program and Health Care ‘‘(2) There shall be transferred from the amendment SA 2499 proposed by Mr. Enhancement Act (Public Law 116–139) for Trust Fund to the General Fund of the MCCONNELL to the bill S. 178, to con- necessary expenses to research, develop, Treasury amounts equivalent to the sum of—

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‘‘(A) the amounts by which claims have (3) ADDITIONAL TRANSITIONAL GOVERNMENT the availability of existing medical counter- offset (in whole or in part) the amount of CONTRIBUTION.—Section 1844 of the Social Se- measures and utilize existing novel plat- such advance payments described in para- curity Act (42 U.S.C. 1395w) is amended by forms to manufacture new medical counter- graph (1); and adding at the end the following: measures to meet manufacturing demands to ‘‘(B) the amount of such advance payments ‘‘(e)(1) There shall be transferred from the address threats that pose a significant level that has been repaid (in whole or in part), General Fund of the Treasury to the Trust of risk to national security; and’’; under the advance payment program under Fund an amount, as estimated by the Chief (3) in subsection (c)— such section 421.214 (or any such successor Actuary of the Centers for Medicare & Med- (A) in paragraph (2)— regulation). icaid Services, equal to amounts paid under (i) in subparagraph (C), by striking ‘‘and’’ ‘‘(3) Amounts described in paragraphs (1) the advance payment program under section at the end; and (2) shall be transferred from time to 421.214 of title 42, Code of Federal Regula- (ii) in subparagraph (D), by striking the pe- time as appropriate.’’. tions (or any successor regulation) pursuant riod and inserting ‘‘; and’’; and (b) IMPLEMENTATION.—Notwithstanding to section ll(a)(2) of the ll Act of 2020. (iii) by adding at the end the following: any other provision of law, the Secretary of ‘‘(2) There shall be transferred from the ‘‘(E) promoting domestic manufacturing Health and Human Services may implement Trust Fund to the General Fund of the surge capacity and capabilities for counter- the provisions of, and the amendments made Treasury amounts equivalent to the sum of— measure advanced research and develop- by, this section by program instruction or ‘‘(A) the amounts by which claims have ment, including facilitating contracts to otherwise. offset (in whole or in part) the amount of support flexible or surge manufacturing.’’; such advance payments described in para- (B) in paragraph (4)— SA 2529. Mr. TOOMEY (for himself graph (1); and (i) in subparagraph (B)— and Mrs. CAPITO) submitted an amend- ‘‘(B) the amount of such advance payments (I) in clause (iii), by striking ‘‘and’’ at the ment intended to be proposed to that has been repaid (in whole or in part), end; amendment SA 2499 proposed by Mr. under the advance payment program under (II) in clause (iv), by striking the period MCCONNELL to the bill S. 178, to con- such section 421.214 (or any such successor and inserting ‘‘; and’’; and demn gross human rights violations of regulation). (III) by adding at the end the following: ethnic Turkic Muslims in Xinjiang, and ‘‘(3) Amounts described in paragraphs (1) ‘‘(v) support and maintain domestic manufacturing surge capacity and capabilities, in- calling for an end to arbitrary deten- and (2) shall be transferred from time to time as appropriate.’’. cluding through contracts to support flexible tion, torture, and harassment of these (b) IMPLEMENTATION.—Notwithstanding or surge manufacturing, to ensure that addi- communities inside and outside China; any other provision of law, the Secretary of tional production of countermeasures is which was ordered to lie on the table; Health and Human Services may implement available in the event that the Secretary de- as follows: the provisions of, and the amendments made termines there is such a need for additional At the appropriate place, insert the fol- by, this section by program instruction or production.’’; lowing: otherwise. (ii) in subparagraph (D)— SEC. ll. ENSURING PROCESSING OF APPROVED (I) in clause (ii), by striking ‘‘and’’ at the AND PENDING APPLICATIONS SA 2530. Mr. ALEXANDER submitted end; UNDER MEDICARE HOSPITAL AC- an amendment intended to be proposed (II) by redesignating clause (iii) as clause CELERATED AND ADVANCE PAY- to amendment SA 2499 proposed by Mr. (iv); and MENTS PROGRAMS. (III) by inserting after clause (ii) the fol- MCCONNELL to the bill S. 178, to con- (a) IN GENERAL.— lowing: (1) PART A.—Section 1815(f) of the Social demn gross human rights violations of ‘‘(iii) research to advance manufacturing Security Act (42 U.S.C. 1395g(f)) is amended— ethnic Turkic Muslims in Xinjiang, and capacities and capabilities for medical coun- (A) by redesignating paragraphs (3) and (4) calling for an end to arbitrary deten- termeasures and platform technologies that as paragraphs (4) and (5), respectively; and tion, torture, and harassment of these may be utilized for medical counter- (B) by inserting after paragraph (2) the fol- communities inside and outside China; measures; and’’; and lowing new paragraph: which was ordered to lie on the table; (iii) in subparagraph (E), by striking clause ‘‘(3) In the case of any request for an accel- as follows: (ix); and erated payment under the program under (C) in paragraph (7)(C)(i), by striking ‘‘up subsection (e)(3) pursuant to paragraph (2) At the appropriate place, insert the fol- to 100 highly qualified individuals, or up to that was submitted prior to April 26, 2020, lowing: 50 percent of the total number of employees, and for which such payment has not been TITLE llPANDEMIC PREPARATION whichever is less,’’ and inserting ‘‘75 percent issued as of the date of enactment of this SEC. l01. SHORT TITLE. of the total number of employees’’; paragraph, the Secretary shall— This title may be cited as the ‘‘Preparing (4) in subsection (d), by adding at the end ‘‘(A) in the case of any such request that for the Next Pandemic Act’’. the following: was approved, not later than 15 days after SEC. l02. SUSTAINED ON-SHORE MANUFAC- ‘‘(3) ADDITIONAL FUNDING.—For necessary such date of enactment, provide for the TURING CAPACITY FOR PUBLIC expenses to improve and expand manufac- issuance of such payment to such hospital; HEALTH EMERGENCIES. turing surge capacity and capabilities pursu- and (a) IN GENERAL.—Section 319L of the Public ant to subsection (c)(4)(B)(v), there is au- ‘‘(B) in the case of any such request for Health Service Act (42 U.S.C. 247d–7e) is thorized to be appropriated $5,000,000,000 for which no determination has been made re- amended— fiscal year 2021, to remain available until garding eligibility of a hospital for such pay- (1) in subsection (a)(6)(B)— September 30, 2030. ment as of the date of enactment of this (A) by redesignating clauses (iv) and (v) as ‘‘(4) ADVANCE APPROPRIATION.— paragraph, not later than 15 days after such clauses (v) and (vi), respectively; ‘‘(A) IN GENERAL.—There is appropriated, date of enactment, review the request and, if (B) by inserting after clause (iii), the fol- out of amounts in the Treasury not other- the hospital is eligible for such payment, lowing: wise appropriated for the fiscal year ending issue such payment to such hospital.’’. ‘‘(iv) activities to support domestic manu- September 30, 2021, for necessary expenses to (2) PART B.—In the case of any request for facturing surge capacity of products or plat- improve and expand manufacturing surge ca- an advance payment under the advance pay- form technologies, including manufacturing pacity and capabilities pursuant to sub- ments program described in section 421.214 of capacity and capabilities to utilize platform section (c)(4)(B)(v), $5,000,000,000, to remain title 42, Code of Federal Regulations (or a technologies to provide for flexible manufac- available until September 30, 2030. successor regulation) that was submitted turing initiatives;’’; and ‘‘(B) EMERGENCY DESIGNATION.— prior to April 26, 2020, and for which such (C) in clause (vi) (as so redesginated), by ‘‘(i) IN GENERAL.—The amounts provided by payment has not been issued as of the date of inserting ‘‘manufacture,’’ after ‘‘improve- this paragraph are designated as an emer- enactment of this paragraph, the Secretary ment,’’; gency requirement pursuant to section 4(g) of Health and Human Services shall— (2) in subsection (b)— of the Statutory Pay-As-You-Go Act of 2010 (A) in the case of any such request that (A) in the first sentence of paragraph (1), (2 U.S.C. 933(g)). was approved, not later than 15 days after by inserting ‘‘support for domestic manufac- ‘‘(ii) DESIGNATION IN SENATE.—In the Sen- such date of enactment, provide for the turing surge capacity,’’ after ‘‘initiatives for ate, this paragraph is designated as an emer- issuance of such payment to such supplier; innovation,’’; and gency requirement pursuant to section and (B) in paragraph (2)— 4112(a) of H. Con. Res. 71 (115th Congress), the (B) in the case of any such request for (i) in subparagraph (B), by striking ‘‘and’’ concurrent resolution on the budget for fis- which no determination has been made re- at the end; cal year 2018. garding eligibility of a supplier for such pay- (ii) by redesignating subparagraph (C) as ‘‘(C) APPLICATION OF PROVISIONS.—Amounts ment as of the date of enactment of this subparagraph (D); and appropriated pursuant to this paragraph for paragraph, not later than 15 days after such (iii) by inserting after subparagraph (B), fiscal year 2021 shall be subject to the re- date of enactment, review the request and, if the following: quirements contained in Public Law 116–94 the supplier is eligible for such payment, ‘‘(C) activities to support manufacturing for funds for programs authorized under sec- issue such payment to such supplier. surge capacities and capabilities to increase tion 319L of this Act.’’;

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(5) in subsection (e)(1)— ‘‘(B) LIMITATION.—The Secretary may ‘‘(F) Reviewing and revising, as appro- (A) by redesignating subparagraphs (B) make an award under this subsection to not priate, the contents of the stockpile on a through (D) as subparagraphs (C) through more than one eligible entity in each State. regular basis to ensure that to the extent (E), respectively; and ‘‘(C) SUPPLEMENT NOT SUPPLANT.—Awards, practicable, advanced technologies and med- (B) by inserting after subparagraph (A), contracts, or grants awarded under this sub- ical products are considered. the following: section shall supplement, not supplant, the ‘‘(G) Carrying out exercises, drills, and ‘‘(B) TEMPORARY FLEXIBILITY.—During a reserve amounts of medical supplies pro- other training for purposes of stockpile de- public health emergency under section 319, cured by and for the Strategic National ployment, dispensing, and administration of the Secretary shall be provided with an addi- Stockpile under subsection (a). medical products, and for purposes of assess- tional 60 business days to comply with infor- ‘‘(D) ADMINISTRATIVE EXPENSES.—Not more ing the capability of such stockpile to ad- mation requests for the disclosure of infor- than 5 percent of amounts received by an en- dress the medical supply needs of public mation under section 552 of title 5, United tity pursuant to an award under this sub- health emergencies of varying types and States Code, related to the activities under section may be used for administrative ex- scales, which may be conducted in accord- this section (unless such activities are other- penses. ance with requirements related to exercises, wise exempt under subparagraph (A)).’’; and ‘‘(E) CLARIFICATION.—An eligible entity re- drills, and other training for recipients of (6) in subsection (f)— ceiving an award under this subsection may awards under section 319C–1 or 319C–2, as ap- (A) in paragraph (1), by striking ‘‘Not later assign a lead entity to manage the State plicable. than 180 days after the date of enactment of stockpile, which may be a recipient of an ‘‘(H) Carrying out other activities as the this subsection’’ and inserting ‘‘Not later award under section 319C–2(b). State determines appropriate, to support than 180 days after the date of enactment of ‘‘(F) REQUIREMENT OF MATCHING FUNDS.— State efforts to prepare for, and respond to, the Preparing for the Next Pandemic Act’’; ‘‘(i) IN GENERAL.—Subject to clause (ii), the public health threats. and Secretary may not make an award under ‘‘(4) STATE PLAN COORDINATION.—The eligi- (B) in paragraph (2), by striking ‘‘Not later this subsection unless the applicant agrees, ble entity under this subsection shall ensure than 1 year after the date of enactment of with respect to the costs to be incurred by appropriate coordination of the State stock- this subsection’’ and inserting ‘‘Not later the applicant in carrying out the purpose de- pile plan developed pursuant to paragraph than 1 year after the date of enactment of scribed in this subsection, to make available (2)(A)(ii) and the plans required pursuant to the Preparing for the Next Pandemic Act’’. non-Federal contributions toward such costs section 319C–1. in an amount equal to— ‘‘(5) GUIDANCE FOR STATES.—Not later than (b) MEDICAL COUNTERMEASURE INNOVATION ‘‘(I) for each of fiscal years 2023 and 2024, 180 days after the date of enactment of this PARTNER.—The restrictions under section 202 not less than $1 for each $10 of Federal funds subsection, the Secretary, acting through of division A of the Further Consolidated Ap- provided in the award; the Assistant Secretary for Preparedness and propriations Act, 2020 (Public Law 116–94), or ‘‘(II) for each of fiscal years 2025 and 2026, Response, shall issue guidance for States re- any other provision of law imposing a re- not less than $1 for each $5 of Federal funds lated to maintaining and replenishing a striction on salaries of individuals related to provided in the award; and stockpile of medical products. The Secretary a previous appropriation to the Department ‘‘(III) for fiscal year 2027 and each fiscal shall update such guidance as appropriate. of Health and Human Services, shall not year thereafter, not less than $1 for each $3 ‘‘(6) ASSISTANCE TO STATES.—The Secretary apply with respect to salaries paid pursuant of Federal funds provided in the award. shall provide assistance to States, including to an agreement under the medical counter- ‘‘(ii) WAIVER.— technical assistance, as appropriate, to measure innovation partner program under ‘‘(I) IN GENERAL.—The Secretary may, upon maintain and improve State and local public section 319L(c)(4)(E) of the Public Health the request of a State, waive the require- health preparedness capabilities to dis- Service Act (42 U.S.C. 247d–7e(c)(4)(E)). ment under clause (i) in whole or in part if tribute and dispense medical products from a SEC. l03. IMPROVING AND SUSTAINING STATE the Secretary determines that extraordinary State stockpile. MEDICAL STOCKPILES. economic conditions in the State in the fis- ‘‘(7) COORDINATION WITH THE STRATEGIC NA- cal year involved or in the previous fiscal TIONAL STOCKPILE.—Each recipient of an Section 319F–2 of the Public Health Service year justify the waiver. award under this subsection shall ensure Act (42 U.S.C. 247d–6b) is amended by adding ‘‘(II) APPLICABILITY OF WAIVER.—A waiver that the State stockpile plan developed pur- at the end the following: provided by the Secretary under this sub- suant to paragraph (2)(A)(ii) contains such ‘‘(i) IMPROVING AND MAINTAINING STATE paragraph shall apply only to the fiscal year information as the Secretary may require re- MEDICAL STOCKPILES.— involved. lated to current inventory of supplies main- ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(3) STOCKPILING ACTIVITIES AND REQUIRE- tained pursuant to paragraph (3), and any through the Assistant Secretary for Pre- MENTS.—A recipient of a grant, contract, or plans to replenish such supplies, or procure paredness and Response, shall award grants, cooperative agreement under this subsection new or alternative supplies. The Secretary contracts, or cooperative agreements to eli- shall use such funds to carry out the fol- shall use information obtained from State gible entities to maintain a stockpile of ap- lowing: stockpile plans to inform the maintenance propriate drugs, vaccines and other biologi- ‘‘(A) Maintaining a stockpile of appro- and management of the Strategic National cal products, medical devices, and other priate drugs, vaccines and other biological Stockpile pursuant to subsection (a). medical supplies (including personal protec- products, medical devices, and other supplies ‘‘(8) PERFORMANCE AND ACCOUNTABILITY.— tive equipment, ancillary medical supplies, (including personal protective equipment, ‘‘(A) IN GENERAL.—The Secretary, acting and other applicable supplies required for ancillary medical supplies, and other appli- through the Assistant Secretary for Pre- the administration of drugs, vaccines and cable supplies required for the administra- paredness and Response, shall develop and other biological products, medical devices, tion of drugs, vaccines and other biological implement a process to review and audit en- and diagnostic tests) to be used during a pub- products, medical devices, and diagnostic tities in receipt of an award under this sub- lic health emergency declared by the Gov- tests) to be used during a public health emer- section, including by establishing metrics to ernor of a State or by the Secretary under gency in such numbers, types, and amounts ensure that each entity receiving such an section 319, or a major disaster or emergency as the State determines necessary, con- award is carrying out activities in accord- declared by the President under section 401 sistent with such State’s stockpile plan. ance with the applicable State stockpile or 501, respectively, of the Robert T. Stafford Such a recipient may not use funds to sup- plan. The Secretary may require entities Disaster Relief and Emergency Assistance port the stockpiling of countermeasures as to— Act, in order to support the preparedness defined under subsection (c), unless the eligi- ‘‘(i) measure progress toward achieving the goals described in paragraphs (2), (3), and (8) ble entity provides justification for main- outcome goals; and of section 2802(b). taining such products and the Secretary de- ‘‘(ii) at least annually, test, exercise, and ‘‘(2) ELIGIBLE ENTITIES.— termines such appropriate and applicable. rigorously evaluate the stockpile capacity ‘‘(A) IN GENERAL.—To be eligible to receive ‘‘(B) Deploying the stockpile as required by and response capabilities of the entity, and an award under paragraph (1), an entity the State to respond to an actual or poten- report to the Secretary on the results of such shall— tial public health emergency. test, exercise, and evaluation, and on ‘‘(i) be a State or consortium of States ‘‘(C) Replenishing and making necessary progress toward achieving outcome goals, that is a recipient of an award under section additions or modifications to the contents of based on criteria established by the Sec- 319C–1(b); and such stockpile or stockpiles, including to ad- retary. ‘‘(ii) prepare, in consultation with appro- dress potential depletion. ‘‘(B) NOTIFICATION OF FAILURE.—The Sec- priate health care providers and health offi- ‘‘(D) In consultation with Federal, State, retary shall develop and implement a process cials within the State or consortium of and local officials, take into consideration to notify entities that are determined by the States, and submit to the Secretary an appli- the availability, deployment, dispensing, and Secretary to have failed to meet the require- cation that contains such information as the administration requirements of medical ments of the terms of an award under this Secretary may require, including a plan for products within the stockpile. subsection. Such process shall provide such the State stockpile and a description of the ‘‘(E) Ensuring that procedures are followed entities with the opportunity to correct such activities such entity will carry out under for inventory management and accounting, noncompliance. An entity that fails to cor- the agreement, consistent with the require- and for the physical security of the stock- rect such noncompliance shall be subject to ments of paragraph (3). pile, as appropriate. subparagraph (C).

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‘‘(C) WITHHOLDING OF CERTAIN AMOUNTS ‘‘(ii) maintaining domestic manufacturing validation, and dissemination of diagnostic FROM ENTITIES THAT FAIL TO ACHIEVE BENCH- capacity of such products to ensure addi- tests, as appropriate, for purposes of bio- MARKS OR SUBMIT STATE STOCKPILE PLAN.— tional reserved production capacity of such surveillance and other immediate public Beginning with fiscal year 2022, and in each products is available, and that such products health response activities to address an succeeding fiscal year, the Secretary shall are provided in a timely manner, to be deliv- emerging infectious disease that has signifi- withhold from each entity that has failed ered to the ownership of the Federal Govern- cant potential to cause a public health emer- substantially to meet the terms of an award ment under the contract and deployed in the gency. under this subsection for at least 1 of the 2 event that the Secretary determines that ‘‘(4) CAPACITY PLANNING FOR SUPPLY immediately preceding fiscal years (begin- there is a need to quickly purchase addi- NEEDS.—The Secretary, in coordination with ning with fiscal year 2022), the amount al- tional quantities of such product; and the Commissioner of Food and Drugs and the lowed for administrative expenses described ‘‘(B) promulgate such regulations as the Director of the Centers for Disease Control in described in paragraph (2)(D). Secretary determines necessary to imple- and Prevention, shall, as appropriate, con- ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— ment this paragraph.’’; and sult with medical product manufacturers, For the purpose of carrying out this sub- (E) in subparagraph (A) of paragraph (6), as suppliers, and other relevant stakeholders, section, there are authorized to be appro- so redesignated— as appropriate, to— priated $1,000,000,000 for each of fiscal years (i) in clause (viii), by striking ‘‘; and’’ and ‘‘(A) identify specific supplies or compo- 2021 through 2030, to remain available until inserting a semicolon; nents needed, including specimen collection expended. (ii) in clause (ix), by striking the period and transport materials, reagents, or other ‘‘(10) ADVANCE APPROPRIATION.— and inserting ‘‘; and’’; and supplies related to the development, valida- ‘‘(A) IN GENERAL.—There is appropriated, (iii) by adding at the end the following: tion, or administration of a diagnostic test out of amounts in the Treasury not other- ‘‘(x) an assessment of the contracts or co- to detect an infectious disease for which an wise appropriated, for fiscal year 2021, for operative agreements entered into pursuant emergency use authorization is in effect necessary expenses to establish and maintain to paragraph (5).’’; and under section 564 of the Federal Food, Drug, State medical stockpiles pursuant to this (2) in subsection (c)(2)(C), by striking ‘‘on and Cosmetic Act (21 U.S.C. 360bbb–3); subsection, $10,000,000,000, to remain avail- an annual basis’’ and inserting ‘‘not later ‘‘(B) identify projected demand for and able until September 30, 2030. than March 15 of each year’’. availability of such supplies and commu- ‘‘(B) EMERGENCY DESIGNATION.— nicate such information to medical product ‘‘(i) IN GENERAL.—The amounts provided by SA 2531. Mr. ALEXANDER submitted manufacturers, suppliers, and other relevant this paragraph are designated as an emer- an amendment intended to be proposed stakeholders during a public health emergency requirement pursuant to section 4(g) to amendment SA 2499 proposed by Mr. gency; and of the Statutory Pay-As-You-Go Act of 2010 MCCONNELL to the bill S. 178, to con- ‘‘(C) support activities to increase the (2 U.S.C. 933(g)). demn gross human rights violations of availability of such supplies or alternative ‘‘(ii) DESIGNATION IN SENATE.—In the Sen- ethnic Turkic Muslims in Xinjiang, and products that may be appropriately sub- ate, this paragraph is designated as an emer- calling for an end to arbitrary deten- stituted for such supplies during a public gency requirement pursuant to section health emergency.’’. tion, torture, and harassment of these 4112(a) of H. Con. Res. 71 (115th Congress), the SEC. l02. GUIDANCE FOR STATES AND INDIAN concurrent resolution on the budget for fis- communities inside and outside China; TRIBES ON ACCESSING THE STRA- cal year 2018. which was ordered to lie on the table; TEGIC NATIONAL STOCKPILE. ‘‘(C) APPLICATION OF PROVISIONS.—Amounts as follows: Not later than 15 days after the date of en- appropriated pursuant to this paragraph for At the appropriate place, insert the fol- actment of this Act, for purposes of the pub- fiscal year 2021 shall be subject to the re- lowing: lic health emergency declared by the Sec- quirements contained in Public Law 116–94 retary pursuant to section 319 of the Public TITLE llIMPROVING PANDEMIC HEALTH Health Service Act on January 31, 2020, with for funds for programs authorized under sec- RESPONSE tion 319F–2 of this Act.’’. respect to COVID–19, the Secretary of Health SEC. l01. IMPROVING EARLIER ACCESS TO DIAG- and Human Services shall issue guidance to SEC. l04. STRENGTHENING THE STRATEGIC NA- NOSTIC TESTS. clarify the processes by which the Secretary TIONAL STOCKPILE. Section 319D of the Public Health Service of Health and Human Services provides Fed- Section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–4) is amended by adding eral assistance through the Strategic Na- Act (42 U.S.C. 247d–6b) is amended— at the end the following: tional Stockpile under section 319F–2 of the (1) in subsection (a)— ‘‘(k) IMPROVING DIAGNOSTIC TEST, TREAT- Public Health Service Act (42 U.S.C. 247d–6b) (A) in paragraph (2)(A), by adding ‘‘and the MENT, AND VACCINE RESEARCH AND DEVELOP- to States, localities, territories, and Indian contracts issued under paragraph (5)’’ after MENT.— tribes and tribal organizations (as defined ‘‘paragraph (1)’’; ‘‘(1) VIRUS SAMPLE ACCESS.—Not later than under section 4 of the Indian Self-Determina- (B) in paragraph (3)(F), by striking ‘‘Sec- 180 days after the date of enactment of this tion and Education Assistance Act). Such retary of Homeland Security’’ and inserting subsection, the Secretary shall, in coordina- guidance shall include information related ‘‘Secretary of Health and Human Services, in tion with the Director of the Centers for Dis- to processes by which to request access to coordination with or at the request of, the ease Control and Prevention and the Com- medical supplies in the Strategic National Secretary of Homeland Security,’’; missioner of Food and Drugs, establish and Stockpile and factors considered by the Sec- (C) by redesignating paragraph (5) as para- make publicly available policies and proce- retary of Health and Human Services when graph (6); dures for public and private entities to ac- making distribution decisions. (D) by inserting after paragraph (4) the fol- cess samples of specimens containing infec- SEC. l03. MODERNIZING INFECTIOUS DISEASE lowing: tious disease agents, or suitable surrogates DATA COLLECTION. ‘‘(5) SURGE CAPACITY.—The Secretary, in or alternatives, as appropriate, that may (a) IMPROVING INFECTIOUS DISEASE DATA maintaining the stockpile under paragraph support the development of products, includ- COLLECTION.—Section 319D of the Public (1) and carrying out procedures under para- ing the development of diagnostic tests, Health Service Act (42 U.S.C. 247d-4) is graph (3), may— treatments, or vaccines, to address emerging amended— ‘‘(A) enter into contracts or cooperative infectious diseases for biomedical research (1) in subsection (c)— agreements with vendors for procurement, purposes, and for use to otherwise respond to (A) in paragraph (3)(A)(iv), by inserting maintenance, and storage of reserve amounts emerging infectious diseases, as the Sec- ‘‘(such as commercial, academic, and other of drugs, vaccines and other biological prod- retary determines appropriate. hospital laboratories)’’ after ‘‘clinical lab- ucts, medical devices, and other medical sup- ‘‘(2) GUIDANCE.—The Secretary shall issue oratories’’; plies (including personal protective equip- guidance regarding the procedures for car- (B) in paragraph (5)— ment, ancillary medical supplies, and other rying out paragraph (1), including— (i) in subparagraph (A)— applicable supplies required for the adminis- ‘‘(A) the method for requesting samples of (I) in the matter preceding clause (i), by tration of drugs, vaccines and other biologi- specimens containing infectious disease striking ‘‘and operating’’ and inserting ‘‘, op- cal products, medical devices, and diagnostic agents; erating, and updating’’; tests in the stockpile), under such terms and ‘‘(B) criteria for sample availability and (II) in clause (iv), by striking ‘‘and’’ at the conditions (including quantity, production use of suitable surrogates or alternatives, as end; schedule, maintenance costs, and price of appropriate; and (III) in clause (v), by striking the period product) as the Secretary may specify, in- ‘‘(C) information required to be provided in and inserting ‘‘; and’’; and cluding for purposes of— order to receive such samples or suitable sur- (IV) by adding at the end the following: ‘‘(i) maintenance and storage of reserve rogates or alternatives. ‘‘(vi) integrate and update applicable exist- amounts of products intended to be delivered ‘‘(3) EARLIER DEVELOPMENT OF DIAGNOSTIC ing Centers for Disease Control and Preven- to the ownership of the Federal Government TESTS.—The Secretary, acting through the tion data systems and networks in collabora- under the contract, which may consider Director of the Centers for Disease Control tion with State, local, tribal, and territorial costs of shipping, or otherwise transporting, and Prevention, may contract with public public health officials, including public handling, storage, and related costs for such and private entities, as appropriate, to assist health surveillance and disease detection product or products; and in the immediate and rapid development, systems.’’; and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.051 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4807 (ii) in subparagraph (B)— tives, a report on the status of the Depart- ‘‘SEC. 319F–5. CENTERS FOR PUBLIC HEALTH (I) in clause (i), by inserting ‘‘and 60 days ment of Health and Human Services’ bio- PREPAREDNESS. after the date of enactment of the surveillance modernization and assessment ‘‘(a) IN GENERAL.—The Secretary may Coronavirus Relief Fair Unemployment progress with respect to emerging infectious award grants, contracts, or cooperative Compensation Act of 2020’’ after ‘‘Innovation disease threats. agreements to institutions of higher edu- Act of 2018’’; ‘‘(ii) ADDITIONAL REPORTS.—During the 2- cation or other nonprofit private entities for (II) in clause (ii), by inserting ‘‘epidemiolo- year period beginning on the date of enact- the establishment or support of a network of gists, clinical microbiologists, pathologists ment of the Coronavirus Relief Fair Unem- regional centers for public health prepared- and laboratory experts, experts in health in- ployment Compensation Act of 2020, the Sec- ness (referred to in this section as ‘Centers’). formation technology, privacy, and data se- retary shall provide additional reports under ‘‘(b) USE OF FUNDS.—Centers established or curity’’ after ‘‘forecasting);’’; and clause (i) every 90 days after the submission supported under this section shall— (III) in clause (iii)— of the initial report under such clause. The ‘‘(1) advance the awareness of public health (aa) in subclause (V), by striking ‘‘and’’ at Secretary shall provide such reports annu- officials, health care professionals, and the the end; ally thereafter. The Secretary may provide public, with respect to information and re- (bb) in subclause (VI), by striking the pe- such additional reports less frequently, but search related to public health preparedness riod; and not less frequently than every 180 days, dur- and response, including for chemical, bio- (cc) by adding at the end the following: ing an ongoing public health emergency or logical, radiological, and nuclear threats, in- ‘‘(VII) strategies to integrate laboratory another significant infectious disease out- cluding emerging infectious diseases, and ep- and epidemiology systems and capabilities break.’’; idemiology of emerging infectious diseases; to conduct rapid and accurate laboratory (2) in subsection (d)— ‘‘(2) identify and translate promising re- tests; (A) in paragraph (2)(C), by inserting ‘‘, in- search findings or practices into evidence- ‘‘(VIII) strategies to improve the collection cluding any public-private partnerships en- based practices to inform preparedness for, and reporting of appropriate, aggregated, tered into to improve such capacity’’ before and responses to, a chemical, biological, ra- deidentified demographic data to inform re- the semicolon; and diological, or nuclear agent, including sponses to public health emergencies, includ- (B) in paragraph (3)— emerging infectious diseases; ing identification of at-risk populations and (i) in subparagraph (B), by striking ‘‘and’’ ‘‘(3) expand activities, including through to address health disparities; and at the end; public-private partnerships, as appropriate, ‘‘(IX) strategies to improve the electronic (ii) in subparagraph (C), by striking the pe- related to public health preparedness and re- exchange of health information between riod and inserting ‘‘; and’’; and sponse, including participation in drills and State and local health departments and (iii) by adding at the end the following: exercises and training public health experts, health care providers and facilities to im- ‘‘(D) may establish, enhance, or maintain a as appropriate; and prove public health surveillance.’’; and system or network for the collection of data ‘‘(4) provide technical assistance and ex- (C) in paragraph (6)— to provide for early detection of infectious pertise, as applicable, during public health (i) in subparagraph (A)— disease outbreaks, near real-time access to emergencies, including for emerging infec- (I) in clause (iii)— relevant electronic data and integration of tious disease threats, which may include (aa) in subclause (III), by striking ‘‘and’’ at electronic data and information from public identifying and communicating evidence on the end; health and other appropriate sources, such the impacts of such threats on at-risk popu- (bb) in subclause (IV), by inserting ‘‘, in- as laboratories, hospitals, and epidemiology lations. cluding the ability to conduct and report on ‘‘(c) REQUIREMENTS.—To be eligible for an systems, to enhance the capability to con- rapid and accurate laboratory testing during award under this section, an entity shall duct rapid and accurate diagnostic labora- a public health emergency’’ before the semi- submit to the Secretary an application con- tory tests to provide for disease detection.’’; colon; and taining such information as the Secretary (3) in subsection (f)(1)(A), by inserting ‘‘pa- (cc) by adding at the end the following: may require, including a description of how thologists, clinical microbiologists, labora- ‘‘(V) improve coordination and collabora- the entity will— tory professionals, epidemiologists,’’ after tion, as appropriate, with other Federal de- ‘‘(1) coordinate activities with State, local, ‘‘forecasting),’’; and partments; and and tribal health departments, hospitals, and (4) in subsection (h), by adding at the end ‘‘(VI) implement applicable lessons learned health care coalitions, including recipients the following: ‘‘Such evaluation shall in- from recent public health emergencies to ad- of awards under section 319C–1, 319C–2, or clude identification of any gaps in bio- dress gaps in situational awareness and bio- 319C–3, in order to improve preparedness, in- surveillance and situational awareness capa- surveillance capabilities, including an eval- tegrate capabilities and functions, and re- bilities identified related to recent public uation of ways to improve the collection and duce duplication; and health emergencies, any immediate steps reporting of aggregated, deidentified demo- ‘‘(2) prioritize efforts to implement evi- taken to address such gaps, and any long- graphic data to inform public health pre- dence-based practices to improve public term plans to address such gaps, including paredness and response’’; health preparedness and reduce the spread of steps related to activities authorized under (II) in clause (iv), by striking ‘‘and’’ at the emerging infectious disease threats. this section.’’. end; ‘‘(d) DISTRIBUTION OF AWARDS.—In award- (III) in clause (v), by striking the period (b) NATIONAL HEALTH SECURITY STRAT- ing grants, contracts, or cooperative agree- and inserting ‘‘including a description of how EGY.—Section 2802(b)(2) of the Public Health ments under this section, the Secretary shall such steps will further the goal of improving Service Act (42 U.S.C. 300hh-1(b)(2)) is support not fewer than 10 regional centers awareness of and timely responses to emerg- amended— for public health preparedness, subject to the ing infectious disease threats; and’’; and (1) in subparagraph (A), by inserting ‘‘such availability of appropriations. (IV) by adding at the end the following: as by integrating laboratory and epidemi- ‘‘(e) AUTHORIZATION.—For purposes of car- ‘‘(vi) identifies and demonstrates measur- ology systems and capability to conduct rying out this section, there are authorized able steps the Secretary will take to further rapid and accurate laboratory tests,’’ after to be appropriated such sums as may be nec- develop and integrate infectious disease de- ‘‘detection, identification,’’; and essary for each of fiscal years 2021 through tection, including expanding capabilities to (2) in subparagraph (B), by inserting ‘‘lab- 2025.’’. conduct rapid and accurate diagnostic laboratory testing,’’ after ‘‘services and sup- (b) CONFORMING CHANGES.—Section 319F of oratory testing during a public health emer- plies,’’. the Public Health Service Act (42 U.S.C. 247d–6) is amended— gency, and improve coordination and col- (c) EPIDEMIOLOGY-LABORATORY CAPACITY (1) by striking subsection (d); and laboration with State, local, Tribal, and ter- GRANTS.—Section 2821(a) of the Public ritorial public health officials, clinical lab- Health Service Act (42 U.S.C. 300hh-31(a)) is (2) by redesignating subsections (e) and (f) oratories (including commercial, hospital amended— as subsections (d) and (e), respectively. and academic laboratories), and other enti- (1) in paragraph (3), by striking ‘‘and’’; SEC. l05. TELEHEALTH PLANS. ties with expertise in public health surveil- (2) in paragraph (4), by striking the period (a) PHSA.—Title XXVII of the Public lance.’’; and and inserting ‘‘; and’’; and Health Service Act (42 U.S.C. 300gg et seq.) is (ii) by redesignating subparagraph (B) as (3) by adding at the end the following: amended— subparagraph (C); and ‘‘(5) supporting activities of State and (1) in section 2722(c) (42 U.S.C. 300gg–21(c)), (iii) by inserting after subparagraph (A), local public health departments related to by adding at the end the following: the following: biosurveillance and disease detection, which ‘‘(4) TELEHEALTH BENEFITS.— ‘‘(B) REPORTS.— may include activities related to section ‘‘(A) IN GENERAL.—The requirements of ‘‘(i) IN GENERAL.—Not later than 1 month 319D, as appropriate.’’. subparts I and II (except section 2704 (relat- after date of enactment of the Coronavirus ing to the prohibition of preexisting condi- Relief Fair Unemployment Compensation SEC. l04. CENTERS FOR PUBLIC HEALTH PRE- tion exclusions or other discrimination based Act of 2020, and as provided for in clause (ii), PAREDNESS. on health status), section 2705 (relating to the Secretary shall submit to the Committee (a) IN GENERAL.—Subpart B of title III of prohibition of discrimination against indi- on Health, Education, Labor, and Pensions of the Public Health Service Act (42 U.S.C. 243 vidual participants and beneficiaries based the Senate and the Committee on Energy et seq.) is amended by inserting after section on health status), section 2712 (relating to and Commerce of the House of Representa- 319F–4 the following: prohibition of rescissions); and section 2726

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.044 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4808 CONGRESSIONAL RECORD — SENATE August 4, 2020 (relating to parity in mental health or sub- (2) the term ‘‘incidental’’ means any action emergency period described in section stance use disorder benefits) and as provided taken by any person, directly or indirectly, 1135(g)(1)(B),’’ after ‘‘January 1, 2019,’’; and by the Secretary in guidance) shall not apply to obtain genetic information from an indi- (E) in paragraph (7), by inserting ‘‘and to any group health plan (or group health in- vidual, for any purpose, other than the pur- prior to the first day after the end of the surance coverage) offered by a large em- pose specifically authorized by the living in- emergency period described in section ployer in relation to its provision of excepted dividual from whom the specimen has its bi- 1135(g)(1)(B),’’ after ‘‘July 1, 2019,’’. benefits described in section 2791(c)(5) if the ological origin or another designated indi- (b) EXPANDING PRACTITIONERS ELIGIBLE TO benefits— vidual if the individual is a minor or is inca- FURNISH TELEHEALTH SERVICES.—Section ‘‘(i) are provided in accordance with guid- pacitated, or if the individual is deceased, 1834(m) of the Social Security Act (42 U.S.C. ance issued by the Secretary; and the individual’s next of kin. 1395m(m)) is amended— ‘‘(ii) are made available only to employees SEC. l07. REAGAN-UDALL FOUNDATION AND (1) in paragraph (1), by striking ‘‘(described (and dependents of such employees) who are FOUNDATION FOR THE NATIONAL in section 1842(b)(18)(C))’’ and inserting ‘‘(de- not eligible for another group health plan or INSTITUTES OF HEALTH. fined in paragraph (4)(E))’’; and group health insurance coverage offered by (a) REAGAN-UDALL FOUNDATION FOR THE (2) in paragraph (4)(E)— the employer offering such benefits described FOOD AND DRUG ADMINISTRATION.—Section (A) by striking ‘‘PRACTITIONER.—The term’’ in section 2791(c)(5). 770(n) of the Federal Food, Drug, and Cos- and inserting ‘‘PRACTITIONER.— ‘‘(B) SUNSET.—This paragraph shall have metic Act (21 U.S.C. 379dd(n)) is amended by ‘‘(A) IN GENERAL.—Subject to subparagraph no force or effect with respect to plan years striking ‘‘$500,000 and not more than (B), the term’’; and beginning on or after the later of— $1,250,000’’ and inserting ‘‘$1,250,000 and not (B) by adding at the end the following new ‘‘(i) January 1, 2022; or more than $5,000,000’’. subparagraph: (b) FOUNDATION FOR THE NATIONAL INSTI- ‘‘(ii) the date on which the public health ‘‘(B) EXPANSION.—The Secretary, after con- TUTES OF HEALTH.—Section 499(l) of the Pub- emergency declared by the Secretary under sulting with stakeholders regarding services lic Health Service Act (42 U.S.C. 290b(l)) is that are clinically appropriate, may expand section 319, on January 31, 2020, with respect amended by striking ‘‘$500,000 and not more the types of practitioners who may furnish to COVID–19 ends.’’; and than $1,250,000’’ and inserting ‘‘$1,250,000 and telehealth services to include any health (2) in section 2791(c) (42 U.S.C. 300gg–91(c)), not more than $5,000,000’’. by adding at the end the following: care professional that is eligible to bill the ‘‘(5) BENEFITS FOR TELEHEALTH SERVICES SA 2532. Mr. ALEXANDER submitted program under this title for their profes- ONLY.— an amendment intended to be proposed sional services.’’. (c) RETENTION OF ADDITIONAL SERVICES AND ‘‘(A) IN GENERAL.—Benefits for telehealth to amendment SA 2499 proposed by Mr. services and other remote care services only, SUBREGULATORY PROCESS FOR MODIFICATIONS MCCONNELL to the bill S. 178, to con- as specified in the guidance entitled, ‘FAQs FOLLOWING EMERGENCY PERIOD.—Section about Families First Coronavirus Response demn gross human rights violations of 1834(m)(4)(F) of the Social Security Act (42 Act and Coronavirus Aid, Relief, and Eco- ethnic Turkic Muslims in Xinjiang, and U.S.C. 1395m(m)(4)(F)) is amended— nomic Security Act Implementation Part 43’, calling for an end to arbitrary deten- (1) in clause (i), by inserting ‘‘and clause issued by the Secretary, the Secretary of tion, torture, and harassment of these (iii)’’ after ‘‘paragraph (8)’’; Labor, and the Secretary of the Treasury on communities inside and outside China; (2) in clause (ii), by striking ‘‘The Sec- June 23, 2020 (or any successor guidance). which was ordered to lie on the table; retary’’ and inserting ‘‘Subject to clause ‘‘(B) SUNSET.—This paragraph shall have as follows: (iii), the Secretary’’; and no force or effect with respect to plan years (3) by adding at the end the following new At the appropriate place, insert the fol- clause: beginning on or after the later of— lowing: ‘‘(i) January 1, 2022; or ‘‘(iii) RETENTION OF ADDITIONAL SERVICES SEC. ll. EXTENDING MEDICARE TELEHEALTH AND SUBREGULATORY PROCESS FOR MODIFICA- ‘‘(ii) the date on which the public health FLEXIBILITIES. TIONS FOLLOWING EMERGENCY PERIOD.—With emergency declared by the Secretary under (a) EXPANDING ACCESS TO TELEHEALTH respect to telehealth services furnished after section 319, on January 31, 2020, with respect SERVICES.— the last day of the emergency period de- to COVID–19 ends.’’. (1) IN GENERAL.—Section 1834(m)(4)(C) of scribed in section 1135(g)(1)(B), the Secretary (b) APPLICATION UNDER ERISA AND THE the Social Security Act (42 U.S.C. may— IRC.—Section 2722(c)(4) of the Public Health 1395m(m)(4)(C)) is amended by adding at the ‘‘(I) retain as appropriate the expanded list Service Act (as amended by subsection (a)) end the following new clause: shall apply to group health plans and health of telehealth services specified in clause (i) ‘‘(iii) EXPANDING ACCESS TO TELEHEALTH insurance issuers providing health insurance pursuant to the waiver authority under sec- SERVICES.—With respect to telehealth serv- tion 1135(b)(8) during such emergency period; coverage in connection with group health ices furnished beginning on the first day and plans pursuant to part 7 of subtitle B of title after the end of the emergency period de- ‘‘(II) retain the subregulatory process used I of the Employee Retirement Income Secu- scribed in section 1135(g)(1)(B) of this clause, rity Act of 1974 (29 U.S.C. 1181 et seq.), and to modify the services included on the list of the term ‘originating site’ means any site at pursuant to chapter 100 of subtitle K of the such telehealth services pursuant to clause which the eligible telehealth individual is lo- Internal Revenue Code of 1986, as though (ii) during such emergency period.’’. cated at the time the service is furnished via such section 2722(c)(4) were included in such (d) ENHANCING TELEHEALTH SERVICES FOR a telecommunications system, including the part and such chapter, respectively. FEDERALLY QUALIFIED HEALTH CENTERS AND home of an individual.’’. (c) IMPLEMENTATION.—The Secretary of RURAL HEALTH CLINICS.—Section 1834(m)(8) Health and Human Services, the Secretary of (2) CONFORMING AMENDMENTS.—Such sec- of the Social Security Act (42 U.S.C. Labor, and the Secretary of the Treasury tion is amended— 1395m(m)(8)) is amended— may implement the provisions of this sec- (A) in paragraph (2)(B)— (1) in the paragraph heading by inserting tion, including the amendments made by (i) in clause (i), in the matter preceding ‘‘AND AFTER’’ after ‘‘DURING ’’; this section, through sub-regulatory guid- subclause (I), by striking ‘‘clause (ii)’’ and (2) in subparagraph (A), in the matter pre- ance, program instruction, or otherwise. inserting ‘‘clauses (ii) and (iii)’’; and ceding clause (i), by inserting ‘‘and after’’ SEC. l06. PROTECTION OF HUMAN GENETIC IN- (ii) by adding at the end the following new after ‘‘During’’; and FORMATION. clause: (3) in the first sentence of subparagraph (a) IN GENERAL.—Notwithstanding any ‘‘(iii) NO FACILITY FEE FOR NEW SITES.— (B)(i), by inserting ‘‘and after’’ after ‘‘dur- other provision of law, the Secretary of With respect to telehealth services furnished ing’’. Health and Human Services shall ensure that on or after the date of enactment of this (e) USE OF TELEHEALTH, AS CLINICALLY AP- no person may collect, store, analyze, dis- clause, a facility fee shall only be paid under PROPRIATE, TO CONDUCT FACE-TO-FACE EN- seminate, or otherwise make use of, or ben- this subparagraph to an originating site that COUNTER FOR HOSPICE CARE.—Section efit from, any human genetic information is described in paragraph (4)(C)(ii) (other 1814(a)(7)(D)(i)(II) of the Social Security Act collected as a result of diagnostic and sero- than subclause (X) of such paragraph).’’. (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by logic testing for COVID–19, for any inci- (B) in paragraph (4)(C)— inserting ‘‘and after such emergency period dental use, or any reason other than such di- (i) in clause (i), in the matter preceding as clinically appropriate’’ after agnostic or serologic testing, except with the subclause (I), by inserting ‘‘and clause (iii)’’ ‘‘1135(g)(1)(B)’’. express, written, informed consent of the in- after ‘‘and (7)’’; and (f) USE OF TELEHEALTH, AS CLINICALLY AP- dividual being tested. (ii) in clause (ii)(X), by inserting ‘‘prior to PROPRIATE, TO CONDUCT FACE-TO-FACE CLIN- (b) ENFORCEMENT.—Any person who vio- the first day after the end of the emergency ICAL ASSESSMENTS FOR HOME DIALYSIS.— lates subsection (a) shall be subject to a civil period described in section 1135(g)(1)(B)’’ be- Clause (iii) of section 1881(b)(3)(B) of the So- monetary penalty of not more than $100 for fore the period; cial Security Act (42 U.S.C. 1395rr(b)(3)(B)) is each such violation. (C) in paragraph (5), by inserting ‘‘and amended— (c) DEFINITIONS.—In this section— prior to the first day after the end of the (1) by moving such clause 4 ems to the left; (1) the term ‘‘genetic information’’ has the emergency period described in section and meaning given such term in section 160.103 of 1135(g)(1)(B)’’ after ‘‘January 1, 2019,’’; (2) by inserting ‘‘and after such emergency title 45, Code of Federal Regulations (or any (D) in paragraph (6)(A), by inserting ‘‘and period as clinically appropriate’’ before the successor regulations); and prior to the first day after the end of the period.

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(g) IMPLEMENTATION.—Notwithstanding rower’s adjusted gross income exceeds 800 and subsequently indicates that the bor- any provision of law, the Secretary may im- percent until the percentage amount cal- rower wishes to change repayment plans.’’. plement the provisions of, and amendments culated under subparagraph (A)(ii) is zero. (c) CERTIFICATION.— made by, this section by interim final rule, ‘‘(ii) UNAVAILABILITY TO CERTAIN BOR- (1) IN GENERAL.—Notwithstanding any program instruction, or otherwise. ROWERS.—The plan described in paragraph other provision of law, a borrower of a loan (1)(B) shall not be available to the borrower made, insured, or guaranteed under part B or SA 2533. Mr. ALEXANDER submitted of a Federal Direct PLUS Loan made on be- D of title IV of the Higher Education Act of an amendment intended to be proposed half of a dependent student or a Federal Di- 1965 (20 U.S.C. 1071 et seq.; 1087a et seq.) wish- to amendment SA 2499 proposed by Mr. rect Consolidation Loan, if proceeds of such ing to enter into an income determined repayment plan, as defined in section 455(r) of MCCONNELL to the bill S. 178, to con- loan were used to discharge the liability on the Higher Education Act of 1965 (20 U.S.C. demn gross human rights violations of such Federal Direct PLUS Loan or a Federal PLUS Loan made under part B on behalf of 1087e(r)) may self-certify that the borrower is ethnic Turkic Muslims in Xinjiang, and a dependent student. unemployed for the purposes of determining calling for an end to arbitrary deten- ‘‘(C) REPAYMENT PERIOD.—The amount of a zero payment. tion, torture, and harassment of these time a borrower is permitted to repay such (2) TERMINATION.—This subsection shall communities inside and outside China; loans under paragraph (1)(B) may exceed 10 have no effect after December 31, 2020. which was ordered to lie on the table; years. (3) AUDIT.— as follows: ‘‘(D) LOAN FORGIVENESS.— (A) IN GENERAL.—Not later than December ‘‘(i) IN GENERAL.—The Secretary shall 31, 2021, the Secretary of Education shall se- At the appropriate place, insert the fol- repay or cancel any outstanding balance of lect a portion of borrowers who self certify lowing: principal and interest due on any loan repaid under paragraph (1) in order to determine TITLE ll—STUDENT LOAN REPAYMENT under the repayment plan described under the validity of those self-certifications. AND FAFSA SIMPLIFICATION paragraph (1)(B)— (B) NOTICE.—The Secretary of Education SEC. ll. SHORT TITLE. ‘‘(I) for any undergraduate borrower who shall inform each borrower who selects to This title may be cited as the ‘‘Student has made payments under such plan for 20 self certify under paragraph (1) that the Sec- Loan Repayment and FAFSA Simplification years; or retary may audit the borrower’s self-certifi- Act’’. ‘‘(II) for any graduate borrower who has cation. SEC. ll. SIMPLIFYING STUDENT LOAN REPAY- made payments under such plan for 25 years. (4) EXEMPTION.—Notwithstanding any MENT. ‘‘(ii) LIMITATION.—Any period of time in other provisions of law, the provisions of this (a) IN GENERAL.—Section 455 of the Higher which a borrower is in delinquency or default section shall not be subject to negotiated Education Act of 1965 (20 U.S.C. 1087e) is shall not count toward the repayment or rulemaking as defined in section 492 of the amended— cancellation described in clause (i). Higher Education Act of 1965 (20 U.S.C. (1) in subsection (d)(1)— ‘‘(3) MONTHLY PAYMENTS.—The Secretary 1098a). (A) in subparagraph (D), by striking ‘‘and’’ shall determine the borrower’s monthly pay- SEC. ll. MAKING IT EASIER TO APPLY FOR FED- after the semicolon; ment obligation to satisfy the payment ERAL AID AND MAKING THAT AID (B) in subparagraph (E), by striking the pe- amount determined in accordance with sub- PREDICTABLE. riod at the end and inserting ‘‘; and’’; and paragraphs (A) or (B) of paragraph (1). (a) NEED ANALYSIS.— (C) by adding at the end the following: ‘‘(4) BORROWER CHOICE.—A borrower who is (1) IN GENERAL.—Section 471 of the Higher ‘‘(F) notwithstanding any other provision repaying a loan under paragraph (1)(B) may Education Act of 1965 (20 U.S.C. 1087kk) is of law, in the case of a loan described in sub- elect, at any time, to terminate repayment amended to read as follows: section (a) that enters repayment on or after pursuant to the income determined repay- ‘‘SEC. 471. AMOUNT OF NEED. October 1, 2020, or for which a borrower seeks ment plan and repay such loan under the ‘‘(a) IN GENERAL.—Except as otherwise pro- to change to a different repayment plan on standard repayment plan under paragraph vided therein, beginning with award year or after October 1, 2020, only a repayment (1)(A).’’. 2022–2023, the amount of need of any student plan described in subsection (r).’’; and (b) PUBLIC SERVICE LOAN FORGIVENESS for financial assistance under this title (ex- (2) by adding at the end the following: RULES FOR INCOME-DETERMINED REPAYMENT cept subpart 1 or 2 of part A) is equal to— ‘‘(r) REPAYMENT.— PLANS.—Section 455(m) of the Higher Edu- ‘‘(1) the cost of attendance of such student, ‘‘(1) IN GENERAL.—For loans described cation Act of 1965 (20 U.S.C. 1087e(m)) is minus under subsection (a) that enter repayment amended— ‘‘(2) the student aid index (as defined in on or after October 1, 2020, or for which the (1) in paragraph (1)(A)— section 473) for such student, minus borrower seeks to change to a different re- (A) in clause (iii), by striking ‘‘or’’ after ‘‘(3) other financial assistance not received payment plan on or after October 1, 2020, the semicolon; under this title (as defined in section 480(j)). only the following repayment options shall (B) in clause (iv), by striking ‘‘; and’’ and ‘‘(b) EFFECTIVE DATE OF CHANGES.—The be made available: inserting ‘‘; or’’; and amendments made to this title under the ‘‘(A) A standard repayment plan, with a (C) by adding at the end the following: Student Loan Repayment and FAFSA Sim- fixed annual repayment amount paid over a ‘‘(v) payments under an income determined plification Act shall take effect beginning fixed period of time, not to exceed 10 years. repayment plan or a standard repayment with award year 2022–2023. The amounts pro- ‘‘(B) An income determined repayment plan under subsection (r), except as provided vided under such amendments for award year plan, with an annual repayment amount in in paragraph (3); and’’; 2020–2021 shall be used solely as a base to de- the amount determined in accordance with (2) by redesignating paragraphs (3) and (4) termine adjustments for subsequent award paragraph (2). as paragraphs (4) and (5), respectively; and years.’’. ‘‘(2) INCOME DETERMINED REPAYMENT (3) by inserting after paragraph (2) the fol- (2) MAXIMUM AID UNDER PART D.—Section PLANS.— lowing: 451 of the Higher Education Act of 1965 (20 ‘‘(A) IN GENERAL.—An income determined ‘‘(3) EXCEPTION.— U.S.C. 1087a) is amended by adding at the end repayment plan under paragraph (1)(B) shall ‘‘(A) IN GENERAL.—To be eligible for loan the following: require a borrower to pay an amount equal cancellation under this subsection, a bor- ‘‘(c) MAXIMUM AID.—The maximum dollar to 10 percent of the result obtained by calcu- rower who elects an income determined re- amount of financial assistance provided lating, on at least an annual basis, the payment plan under subsection (r) shall re- under this part to a student shall not exceed amount by which— main in such plan for the duration of repay- the cost of attendance for such student.’’. ‘‘(i) the borrower’s, and the borrower’s ment until such loan is cancelled. (3) GUIDANCE TO STATES.—The Secretary of spouse’s (if applicable), adjusted gross in- ‘‘(B) REQUIRED NOTIFICATION AND ACKNOWL- Education shall issue guidance for States on come; exceeds EDGMENT.— interpretation and implementation of the ‘‘(ii) 150 percent of the poverty line appli- ‘‘(i) NOTIFICATION.—If a borrower who has terminology and formula adjustments made cable to the borrower’s family size as deter- elected an income determined repayment under the amendments made by this Act, in- mined under section 673(2) of the Community plan under subsection (r) subsequently indi- cluding the student aid index, formerly Services Block Grant Act (42 U.S.C. 9902(2)). cates that the borrower wishes to change re- known as the expected family contribution, ‘‘(B) EXCEPTIONS.— payment plans, the Secretary shall notify and the need analysis formulas. ‘‘(i) REDUCTION FOR CERTAIN BORROWERS.— the borrower that changing repayment plans (b) COST OF ATTENDANCE AND STUDENT AID For a borrower, and the borrower’s spouse (if will cause any monthly payments made prior INDEX.—Sections 472 and 473 of the Higher applicable), whose adjusted gross income ex- to such change to not qualify toward the 120 Education Act of 1965 (20 U.S.C. 1087ll and ceeds 800 percent of the poverty line applica- monthly payments required for loan can- 1087mm) are amended to read as follows: ble to the borrower’s family size as deter- cellation under this subsection. ‘‘SEC. 472. COST OF ATTENDANCE. mined under section 673(2) of the Community ‘‘(ii) ACKNOWLEDGMENT.—The Secretary ‘‘(a) IN GENERAL.—For the purpose of this Services Block Grant Act (42 U.S.C. 9902(2)), shall require acknowledgment of receipt of title, the term ‘cost of attendance’ means— the percentage amount calculated under sub- the notification under clause (i) from any ‘‘(1) tuition and fees normally assessed a paragraph (A)(ii) shall decrease by 5 percent borrower who has elected an income deter- student carrying the same academic work- for each percentage point that the bor- mined repayment plan under subsection (r) load as determined by the institution, and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.044 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4810 CONGRESSIONAL RECORD — SENATE August 4, 2020 including costs for rental or purchase of any ‘‘(A) such allowance shall not exceed the (including the student, the student’s parent, equipment, materials, or supplies required of reasonable cost in the community in which or the student’s spouse, as applicable) who at all students in the same course of study; such student resides for the kind of care pro- any time during the previous 24-month pe- ‘‘(2) an allowance for books, supplies, and vided; and riod, received a benefit under a means-tested transportation, including a reasonable allow- ‘‘(B) the period for which dependent care is Federal benefit program, the Secretary shall ance for the documented rental or purchase required includes, but is not limited to, consider an applicant to automatically have of suggested electronic equipment, as deter- class-time, study-time, field work, intern- a student aid index equal to zero, except if mined by the institution; ships, and commuting time; the applicant has a calculated student aid ‘‘(3) an allowance for miscellaneous per- ‘‘(9) for a student with a disability, an al- index of less than zero the Secretary shall sonal expenses, for a student attending the lowance (as determined by the institution) consider the negative number as the student institution on at least a half-time basis, as for those expenses related to the student’s aid index for the applicant. determined by the institution; disability, including special services, per- ‘‘(e) MEANS-TESTED FEDERAL BENEFIT PRO- ‘‘(4) an allowance for living expenses, in- sonal assistance, transportation, equipment, GRAM.—In this section, the term ‘means-test- cluding food and housing costs, to be in- and supplies that are reasonably incurred ed Federal benefit program’ means any of curred by the student attending the institu- and not provided for by other assisting agen- the following: ‘‘(1) The supplemental security income tion on at least a half-time basis, as deter- cies; program under title XVI of the Social Secu- mined by the institution, which includes— ‘‘(10) for a student receiving all or part of rity Act (42 U.S.C. 1381 et seq.). ‘‘(A) for students electing institutionally the student’s instruction by means of tele- ‘‘(2) The supplemental nutrition assistance owned or operated food services, such as communications technology, no distinction program under the Food and Nutrition Act board or meal plans, shall be a standard al- shall be made with respect to the mode of in- of 2008 (7 U.S.C. 2011 et seq.). lowance for such services that provides the struction in determining costs; ‘‘(3) The program of block grants for States equivalent of three meals each day; ‘‘(11) for a student engaged in a work expe- for temporary assistance for needy families ‘‘(B) for students not electing institution- rience under a cooperative education pro- established under part A of title IV of the ally owned or operated food services, such as gram, an allowance for reasonable costs as- Social Security Act (42 U.S.C. 601 et seq.). board or meal plans, shall be a standard al- sociated with such employment (as deter- ‘‘(4) The special supplemental nutrition lowance for purchasing food off campus that mined by the institution); program for women, infants, and children es- provides the equivalent of three meals each ‘‘(12) for a student who receives a Federal tablished by section 17 of the Child Nutrition day, which shall not exceed the standard al- student loan made under this title or any Act of 1966 (42 U.S.C. 1786). lowance provided in paragraph (A); other Federal law, to cover a student’s cost ‘‘(5) The Medicaid program under title XIX ‘‘(C) for students without dependents resid- of attendance at the institution, an allow- of the Social Security Act (42 U.S.C. 1396 et ing in institutionally owned or operated ance for the actual cost of any loan fee, seq.). housing, shall be a standard allowance deter- origination fee, or insurance premium ‘‘(6) Federal housing assistance programs, mined by the institution based on average or charged to such student or such parent on including tenant-based assistance under sec- median amount assessed to such residents such loan; and tion 8(o) of the United States Housing Act of for housing charges, whichever is greater; ‘‘(13) for a student in a program requiring 1937 (42 U.S.C. 1437f(o)), and public housing, ‘‘(D) for students with dependents residing professional licensure, certification, or a as defined in section 3(b)(1) of such Act (42 in institutionally owned or operated hous- first professional credential the cost of ob- U.S.C. 1437a(b)(1)). ing, shall be a standard allowance deter- taining the license, certification, or a first ‘‘(7) Other means-tested programs determined by the institution based on the aver- professional credential. mined by the Secretary to be approximately age or median amount assessed to such resi- ‘‘(b) SPECIAL RULE FOR LIVING EXPENSES consistent with the income eligibility re- dents for housing charges, whichever is FOR LESS-THAN-HALF-TIME STUDENTS.—An in- quirements of the means-tested programs greater; stitution of higher education may include an under paragraphs (1) through (6). ‘‘(E) for students living off campus, and allowance for living expenses, including food ‘‘(f) SPECIAL RULE FOR NONFILERS WHO ARE not in institutionally owned or operated and housing costs in accordance with sub- ALSO RECIPIENTS OF MEANS-TESTED BENE- housing, shall be a standard allowance for section (a)(4) for up to three semesters, or the equivalent, with no more than two se- FITS.—For an applicant (or, as applicable, rent or other housing costs, which, if appli- and applicant and spouse, or an applicant’s cable, shall not exceed the standard allow- mesters being consecutive. ‘‘(c) DISCLOSURE OF COST OF ATTENDANCE parents) who is not required to file a Federal ance provided in paragraph (C) or (D) with ELEMENTS.—Each institution shall make tax return for the second preceding tax year respect to whether the student has depend- publicly available on the institution’s and who at any time during the previous 24- ents; website a list of all the elements of cost of month period received a benefit under a ‘‘(F) for dependent students residing at attendance described in subsection (a), in- means-tested Federal benefit program, the home with parents shall be a standard allow- cluding, for a student with one or more de- Secretary shall, for the purposes of this title, ance determined by the institution; pendents, an allowance based on the esti- consider the student aid index as equal to ‘‘(G) for students who live in housing lo- mated actual expenses incurred for depend- -$1,500 for the applicant.’’. cated on a military base or for which a basic ent care, as described in subsection (a)(8). (c) DETERMINATION OF STUDENT AID allowance is provided under section 403(b) of ‘‘SEC. 473. SPECIAL RULES FOR STUDENT AID INDEX.—Section 474 of the Higher Education title 37, United States Code, shall be a stand- INDEX. Act of 1965 (20 U.S.C. 1087nn) is amended to ard allowance for food based upon a student’s ‘‘(a) IN GENERAL.—For the purpose of this read as follows: choice of purchasing food on-campus or off- title, other than subpart 1 or 2 of part A, the ‘‘SEC. 474. DETERMINATION OF STUDENT AID campus (determined respectively in accord- term ‘student aid index’ means, with respect INDEX. ance with subparagraph (A) or (B)), but not to a student, an index that reflects an eval- ‘‘The student aid index— for housing costs; and uation of a student’s approximate financial ‘‘(1) for a dependent student shall be deter- ‘‘(H) for all other students shall be an al- resources to contribute toward the student’s mined in accordance with section 475; lowance based on the expenses reasonably in- postsecondary education for the academic ‘‘(2) for a single independent student or a curred by such students for housing and food; year, as determined in accordance with this married independent student without de- ‘‘(5) for a student engaged in a program of part. pendents (other than a spouse) shall be de- study by correspondence, only tuition and ‘‘(b) SPECIAL RULE FOR STUDENTS ELIGIBLE termined in accordance with section 476; and fees and, if required, books and supplies, FOR THE TOTAL MAXIMUM PELL GRANT.—The ‘‘(3) for an independent student with de- travel, and housing and food costs incurred Secretary shall consider an applicant to pendents other than a spouse shall be deter- specifically in fulfilling a required period of automatically have a student aid index equal mined in accordance with section 477.’’. residential training; to zero if the applicant is eligible for the (d) STUDENT AID INDEX FOR DEPENDENT ‘‘(6) for incarcerated students, only tui- total maximum Federal Pell Grant under STUDENTS.—Section 475 of the Higher Edu- tion, fees, books, supplies, and the cost of ob- subpart 1 of part A, except that, if the application Act of 1965 (20 U.S.C. 1087oo) is amend- taining a license, certification, or a first pro- cant has a calculated student aid index of ed to read as follows: fessional credential in accordance with para- less than zero the Secretary shall consider ‘‘SEC. 475. STUDENT AID INDEX FOR DEPENDENT graph (13); the negative number as the student aid index STUDENTS. ‘‘(7) for a student enrolled in an academic for the applicant. ‘‘(a) COMPUTATION OF STUDENT AID INDEX.— program in a program of study abroad ap- ‘‘(c) SPECIAL RULE FOR NONFILERS.—For an ‘‘(1) IN GENERAL.—For each dependent stu- proved for credit by the student’s home in- applicant (or, as applicable, an applicant and dent, the student aid index is equal to (ex- stitution, reasonable costs associated with spouse, or an applicant’s parents) who is not cept as provided in paragraph (2)) the sum such study (as determined by the institution required to file a Federal tax return for the of— at which such student is enrolled); second preceding tax year, the Secretary ‘‘(A) the assessment of the parents’ ad- ‘‘(8) for a student with one or more depend- shall for the purposes of this title consider justed available income (determined in ac- ents, an allowance based on the estimated the student aid index as equal to ¥$1,500 for cordance with subsection (b)); actual expenses incurred for such dependent the applicant. ‘‘(B) the assessment of the student’s avail- care, based on the number and age of such ‘‘(d) SPECIAL RULE FOR RECIPIENTS OF able income (determined in accordance with dependents, except that— MEANS-TESTED BENEFITS.—For an applicant subsection (g)); and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4811 ‘‘(C) the student’s available assets (deter- ‘‘Income Protection Allowance 2021–2022 (to be adjusted ‘‘Education Savings and Asset Protection Allowances for mined in accordance with subsection (h)). for 2022–2023 and succeeding years) Parents of Dependent Students—Continued ‘‘(2) EXCEPTION.—If the sum determined under paragraphs (1), with respect to a de- Family Size (including student) Amount And there are pendent student, is less than ¥$1,500, the student aid index for the dependent student 2 ...... $19,080 two parents one parent shall be ¥$1,500. 3 ...... $23,760 ‘‘(b) ASSESSMENT OF PARENTS’ ADJUSTED 4 ...... $29,340 If the age of the oldest then the allow- AVAILABLE INCOME.—The assessment of par- 5 ...... $34,620 parent is— ance is— ents’ adjusted available income is equal to 6 ...... $40,490 the amount determined by— For each additional add ...... $4,750. 32 ...... $2,300 $800 ‘‘(1) computing adjusted available income 33 ...... $2,600 $900 by adding— ‘‘(4) EMPLOYMENT EXPENSE ALLOWANCE.— 34 ...... $2,900 $1,000 ‘‘(A) the parents’ available income (deter- The employment expense allowance is equal 35 ...... $3,300 $1,100 mined in accordance with subsection (c)); to the lesser of $4,000 or 35 percent of the sin- and 36 ...... $3,600 $1,200 gle parent’s earned income or married par- ‘‘(B) the parents’ available assets (deter- 37 ...... $3,900 $1,300 ents’ combined earned income (or is equal to mined in accordance with subsection (d)); 38 ...... $4,200 $1,500 a successor amount as adjusted by the Sec- ‘‘(2) assessing such adjusted available in- 39 ...... $4,600 $1,600 retary pursuant to section 478(g)). come in accordance with the assessment ‘‘(d) PARENTS’ AVAILABLE ASSETS.— 40 ...... $4,900 $1,700 schedule set forth in subsection (e); and ‘‘(1) IN GENERAL.— 41 ...... $5,100 $1,700 ‘‘(3) considering such assessment resulting ‘‘(A) DETERMINATION.—Except as provided 42 ...... $5,200 $1,700 under paragraph (2) as the amount deter- in subparagraph (B), the parents’ available 43 ...... $5,300 $1,800 mined under this subsection. assets are equal to— ‘‘(c) PARENTS’ AVAILABLE INCOME.— 44 ...... $5,400 $1,800 ‘‘(i) the difference between the parents’ net ‘‘(1) IN GENERAL.—The parents’ available 45 ...... $5,500 $1,900 assets and the education savings and asset income is determined by subtracting from 46 ...... $5,700 $1,900 protection allowance (determined in accord- total income (as defined in section 480)— ance with paragraph (2)); multiplied by 47 ...... $5,800 $1,900 ‘‘(A) Federal income taxes; ‘‘(ii) 12 percent. 48 ...... $6,000 $2,000 ‘‘(B) an allowance for payroll taxes, deter- ‘‘(B) NOT LESS THAN ZERO.—Parents’ avail- 49 ...... $6,100 $2,000 mined in accordance with paragraph (2); able assets under this subsection shall not be ‘‘(C) an income protection allowance, de- 50 ...... $6,300 $2,100 less than zero. termined in accordance with paragraph (3); 51 ...... $6,400 $2,100 and ‘‘(2) EDUCATION SAVINGS AND ASSET PROTEC- 52 ...... $6,600 $2,200 ‘‘(D) an employment expense allowance, TION ALLOWANCE.—The education savings and 53 ...... $6,800 $2,200 asset protection allowance is calculated ac- determined in accordance with paragraph (4). 54 ...... $6,900 $2,300 cording to the following table (or a successor ‘‘(2) ALLOWANCE FOR PAYROLL TAXES.—The table prescribed by the Secretary under sec- 55 ...... $7,100 $2,300 allowance for payroll taxes is equal to the 56 ...... $7,300 $2,400 sum of— tion 478(d)): ‘‘(A) the total amount earned by the par- 57 ...... $7,500 $2,500 ents, multiplied by the rate of tax under sec- ‘‘Education Savings and Asset Protection Allowances for 58 ...... $7,700 $2,500 tion 3101(b) of the Internal Revenue Code of Parents of Dependent Students 59 ...... $7,900 $2,600 1986; and 60 ...... $8,200 $2,700 ‘‘(B) the amount earned by the parents And there are 61 ...... $8,400 $2,700 that does not exceed such contribution and two parents 62 ...... $8,600 $2,800 benefit base (twice such contribution and one parent 63 ...... $8,900 $2,900 benefit base, in the case of a joint return) for If the age of the oldest then the allow- 64 ...... $9,200 $2,900 the year of the earnings, multiplied by the parent is— ance is— rate of tax applicable to such earnings under 65 or more ...... $9,400 $3,000. section 3101(a) of the Internal Revenue Code 25 or less ...... $0 $0 ‘‘(e) ASSESSMENT SCHEDULE.—The assess- of 1986. 26 ...... $300 $100 ‘‘(3) INCOME PROTECTION ALLOWANCE.—The ment of the parents’ adjusted available in- 27 ...... $700 $200 income protection allowance for award year come (as determined under subsection (b)(1) 2021–2022 and each succeeding award year 28 ...... $1,000 $300 and hereafter in this subsection referred to shall equal the amount determined in the 29 ...... $1,300 $500 as ‘AAI’) is calculated according to the fol- following table, as adjusted by the Secretary 30 ...... $1,600 $600 lowing table (or a successor table prescribed pursuant to section 478(b): 31 ...... $2,000 $700 by the Secretary under section 478(e)):

‘‘Parents’ Contribution From AAI

If the parents’ AAI is— Then the parents’ contribution from AAI is—

Less than –$6,820 ...... –$1,500 –$6,820 to $17,000 ...... 22% of AAI $17,001 to $21,400 ...... $3,740 + 25% of AAI over $17,000 $21,401 to $25,700 ...... $4,840 + 29% of AAI over $21,400 $25,701 to $30,100 ...... $6,087 + 34% of AAI over $25,700 $30,101 to $34,500 ...... $7,583 + 40% of AAI over $30,100 $34,501 or more ...... $9,343 + 47% of AAI over $34,500.

‘‘(f) CONSIDERATION OF PARENTAL INCOME.— ‘‘(A) If either of the parents has died, the ‘‘(5) SINGLE PARENT WHO IS NOT DIVORCED OR ‘‘(1) PARENTS WHO LIVE TOGETHER.—Paren- surviving parent shall be considered a single SEPARATED.—Parental income and assets in tal income and assets in the case of student parent, until that parent has remarried. the case of a student whose parent is a single whose parents are married and not sepa- ‘‘(B) If both parents have died, the student parent but who is not divorced, separated, or rated, or who are unmarried but live to- shall not report any parental income or as- remarried, shall include the income and as- gether, shall include the income and assets sets. sets of such single parent. of both parents. ‘‘(4) REMARRIED PARENTS.—If a parent ‘‘(g) STUDENT’S AVAILABLE INCOME.— ‘‘(2) DIVORCED OR SEPARATED PARENTS.—Pa- whose income and assets are taken into ac- ‘‘(1) IN GENERAL.—The student’s available rental income and assets for a student whose count under paragraph (2), or if a parent who parents are divorced or separated, but not re- is a widow or widower and whose income is income is equal to— married, is determined by including only the taken into account under paragraph (3), has ‘‘(A) the difference between the student’s income and assets of the parent who provides remarried, the income of that parent’s total income (determined in accordance with the greater portion of the student’s financial spouse shall be included in determining the section 480) and the adjustment to student support. parent’s assessment of adjusted available in- income (determined in accordance with para- ‘‘(3) DEATH OF A PARENT.—Parental income come if the student’s parent and the step- graph (2)); multiplied by and assets in the case of the death of any parent are married as of the date of applica- ‘‘(B) 50 percent. parent is determined as follows: tion for the award year concerned.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4812 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(2) ADJUSTMENT TO STUDENT INCOME.—The ‘‘(iv) in the case of a married independent ‘‘Asset Protection Allowances for Families and adjustment to student income is equal to the student, an employment expense allowance, Students—Continued sum of— as determined in accordance with paragraph ‘‘(A) Federal income taxes; (3); and And the student is ‘‘(B) an allowance for payroll taxes deter- ‘‘(B) multiplying the amount determined mined in accordance with paragraph (3); under subparagraph (A) by 50 percent. married single ‘‘(C) an income protection allowance that ‘‘(2) ALLOWANCE FOR PAYROLL TAXES.—The is equal to— allowance for payroll taxes is equal to the If the age of the stu- then the allow- ‘‘(i) $9,110 for award year 2021–2022; and sum of— dent is— ance is— ‘‘(ii) for each succeeding award year, the ‘‘(A) the total amount earned by the stu- amount adjusted pursuant to section 478(b); dent (and spouse, if appropriate), multiplied 52 ...... $6,600 $2,200 and by the rate of tax under section 3101(b) of the 53 ...... $6,800 $2,200 ‘‘(D) an allowance for parents’ negative Internal Revenue Code of 1986; and 54 ...... $6,900 $2,300 available income, determined in accordance ‘‘(B) the amount earned by the student 55 ...... $7,100 $2,300 with paragraph (4). (and spouse, if appropriate) that does not ex- 56 ...... $7,300 $2,400 57 ...... $7,500 $2,500 ‘‘(3) ALLOWANCE FOR PAYROLL TAXES.—The ceed such contribution and benefit base allowance for payroll taxes is equal to the (twice such contribution and benefit base, in 58 ...... $7,700 $2,500 sum of— the case of a joint return) for the year of the 59 ...... $7,900 $2,600 ‘‘(A) the total amount earned by the stu- earnings, multiplied by the rate of tax appli- 60 ...... $8,200 $2,700 dent, multiplied by the rate of tax under sec- cable to such earnings under section 3101(a) 61 ...... $8,400 $2,700 tion 3101(b) of the Internal Revenue Code of of the Internal Revenue Code of 1986. 62 ...... $8,600 $2,800 63 ...... $8,900 $2,900 1986; and ‘‘(3) EMPLOYMENT EXPENSES ALLOWANCE.— ‘‘(B) the amount earned by the student The employment expense allowance is equal 64 ...... $9,200 $2,900 that does not exceed such contribution and to the following: 65 or more ...... $9,400 $3,000. benefit base for the year of the earnings, ‘‘(A) If the student is married, such allow- multiplied by the rate of tax applicable to ance is equal to the lesser of $4,000 or 35 per- ‘‘(d) COMPUTATIONS IN CASE OF SEPARATION, such earnings under section 3101(a) of the In- cent of the couple’s combined earned income DIVORCE, OR DEATH.—In the case of a student ternal Revenue Code of 1986. (or is equal to a successor amount as ad- who is divorced or separated, or whose spouse has died, the spouse’s income and as- ‘‘(4) ALLOWANCE FOR PARENTS’ NEGATIVE justed by the Secretary pursuant to section sets shall not be considered in determining AVAILABLE INCOME.—The allowance for par- 478(g)). ents’ negative available income is the ‘‘(B) If the student is not married, the em- the family’s available income or assets.’’. (f) STUDENT AID INDEX FOR INDEPENDENT amount, if any, by which the sum of the ployment expense allowance is zero. STUDENTS WITH DEPENDENTS OTHER THAN A amounts deducted under subsection (c)(1) ex- ‘‘(c) FAMILY’S AVAILABLE ASSETS.— SPOUSE.—Section 477 of the Higher Edu- ceeds the sum of the parents’ total income ‘‘(1) IN GENERAL.— cation Act of 1965 (20 U.S.C. 1087qq) is amend- (as defined in section 480) and the parents’ ‘‘(A) DETERMINATION.—Except as provided ed to read as follows: available assets (as determined in accord- in subparagraph (B), the family’s available ance with subsection (d)). assets are equal to— ‘‘SEC. 477. STUDENT AID INDEX FOR INDE- PENDENT STUDENTS WITH DEPEND- ‘‘(h) STUDENT’S ASSETS.—The student’s as- ‘‘(i) the difference between the family’s as- ENTS OTHER THAN A SPOUSE. sets are determined by calculating the net sets (as defined in section 480(f)) and the ‘‘(a) COMPUTATION OF STUDENT AID INDEX.— assets of the student and multiplying such asset protection allowance (determined in For each independent student with depend- amount by 20 percent, except that the result accordance with paragraph (2)); multiplied ents other than a spouse, the student aid shall not be less than zero.’’. by index is equal to the amount determined (e) STUDENT AID INDEX FOR INDEPENDENT ‘‘(ii) 20 percent. STUDENTS WITHOUT DEPENDENTS OTHER THAN by— ‘‘(B) NOT LESS THAN ZERO.—The family’s ‘‘(1) computing adjusted available income A SPOUSE.—Section 476 of the Higher Edu- available assets under this subsection shall cation Act of 1965 (20 U.S.C. 1087pp) is amend- by adding— not be less than zero. ‘‘(A) the family’s available income (deter- ed to read as follows: ‘‘(2) ASSET PROTECTION ALLOWANCE.—The ‘‘SEC. 476. STUDENT AID INDEX FOR INDE- mined in accordance with subsection (b)); asset protection allowance is calculated ac- and PENDENT STUDENTS WITHOUT DE- cording to the following table (or a successor PENDENTS OTHER THAN A SPOUSE. ‘‘(B) the family’s available assets (deter- table prescribed by the Secretary under sec- ‘‘(a) COMPUTATION OF STUDENT AID INDEX.— mined in accordance with subsection (c)); tion 478(d)): ‘‘(1) IN GENERAL.—For each independent ‘‘(2) assessing such adjusted available in- student without dependents other than a come in accordance with an assessment spouse, the student aid index is equal to (ex- ‘‘Asset Protection Allowances for Families and Students schedule set forth in subsection (d); and cept as provided in paragraph (2)) the sum ‘‘(3) considering such assessment resulting of— And the student is under paragraph (2) as the amount deter- ‘‘(A) the family’s available income (deter- married mined under this subsection. mined in accordance with subsection (b)); single ‘‘(b) FAMILY’S AVAILABLE INCOME.— and If the age of the stu- then the allow- ‘‘(1) IN GENERAL.—The family’s available ‘‘(B) the family’s available assets (deter- dent is— ance is— income is determined by deducting from mined in accordance with subsection (c)). total income (as defined in section 480)— ‘‘(2) EXCEPTION.—If the sum of paragraphs 25 or less ...... $0 $0 ‘‘(A) Federal income taxes; (1) with respect to a independent student 26 ...... $300 $100 ‘‘(B) an allowance for payroll taxes, deter- without dependents other than a spouse is 27 ...... $700 $200 mined in accordance with paragraph (2); less than ¥$1,500, the student aid index for 28 ...... $1,000 $300 ‘‘(C) an income protection allowance, de- the independent student shall be ¥$1,500. 29 ...... $1,300 $500 termined in accordance with paragraph (3); ‘‘(b) FAMILY’S AVAILABLE INCOME.— 30 ...... $1,600 $600 and ‘‘(1) IN GENERAL.—The family’s available 31 ...... $2,000 $700 ‘‘(D) an employment expense allowance, income is determined by— 32 ...... $2,300 $800 determined in accordance with paragraph (4). ‘‘(A) deducting from total income (as de- 33 ...... $2,600 $900 ‘‘(2) ALLOWANCE FOR PAYROLL TAXES.—The fined in section 480)— 34 ...... $2,900 $1,000 allowance for payroll taxes is equal to the ‘‘(i) Federal income taxes; 35 ...... $3,300 $1,100 sum of— ‘‘(ii) an allowance for payroll taxes, deter- 36 ...... $3,600 $1,200 ‘‘(A) the total amount earned by the stu- mined in accordance with paragraph (2); 37 ...... $3,900 $1,400 dent (and spouse, if appropriate), multiplied ‘‘(iii) an income protection allowance that 38 ...... $4,200 $1,500 by the rate of tax under section 3101(b) of the is equal to— 39 ...... $4,600 $1,600 Internal Revenue Code of 1986; and ‘‘(I) in the case of a single independent stu- 40 ...... $4,900 $1,700 ‘‘(B) the amount earned by the student dent without dependents— 41 ...... $5,100 $1,700 (and spouse, if appropriate) that does not ex- ‘‘(aa) $14,190 for award year 2021–2022; and 42 ...... $5,200 $1,700 ceed such contribution and benefit base ‘‘(bb) for each succeeding award year, the 43 ...... $5,300 $1,800 (twice such contribution and benefit base, in amount adjusted pursuant to section 478(b); 44 ...... $5,400 $1,800 the case of a joint return) for the year of the and 45 ...... $5,500 $1,900 earnings, multiplied by the rate of tax appli- ‘‘(II) in the case of a married independent 46 ...... $5,700 $1,900 cable to such earnings under section 3101(a) student without dependents— 47 ...... $5,800 $1,900 of the Internal Revenue Code of 1986. ‘‘(aa) $22,750 for award year 2021–2022; and 48 ...... $6,000 $2,000 ‘‘(3) INCOME PROTECTION ALLOWANCE.—The ‘‘(bb) for each succeeding award year, the 49 ...... $6,100 $2,000 income protection allowance for award year amount adjusted pursuant to section 478(b); 50 ...... $6,300 $2,100 2021–2022 and each succeeding award year and 51 ...... $6,400 $2,100 shall equal the amount determined in the

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4813 following table, as adjusted by the Secretary ‘‘(A) DETERMINATION.—Except as provided ‘‘Asset Protection Allowances for Families and pursuant to section 478(b): in subparagraph (B), the family’s available Students—Continued ‘‘(A) In the case of a married independent assets are equal to— student with dependents: ‘‘(i) the difference between the family’s as- And the student is sets (as defined in 480(f)) and the asset pro- ‘‘Income Protection Allowance 2021–2022 (to be adjusted tection allowance (determined in accordance married single for 2022–2023 and succeeding years) with paragraph (2)); multiplied by ‘‘(ii) 7 percent. If the age of the stu- then the allow- dent is— ance is— Family Size (including student) Amount ‘‘(B) NOT LESS THAN ZERO.—Family’s available assets under this subsection shall not be 42 ...... $5,200 $1,700 3 ...... $44,470 less than zero. 43 ...... $5,300 $1,800 4 ...... $55,260 ‘‘(2) ASSET PROTECTION ALLOWANCE.—The 44 ...... $5,400 $1,800 5 ...... $65,190 asset protection allowance is calculated ac- 45 ...... $5,500 $1,900 6 ...... $76,230 cording to the following table (or a successor 46 ...... $5,700 $1,900 For each additional add ...... $8,610. table prescribed by the Secretary under section 478(d)): 47 ...... $5,800 $1,900 48 ...... $6,000 $2,000 ‘‘(B) In the case of a single independent ‘‘Asset Protection Allowances for Families and Students 49 ...... $6,100 $2,000 student with dependents: 50 ...... $6,300 $2,100 And the student is 51 ...... $6,400 $2,100 ‘‘Income Protection Allowance 2021–2022 (to be adjusted 52 ...... $6,600 $2,200 for 2022–2023 and succeeding years) 53 ...... $6,800 $2,200 married single 54 ...... $6,900 $2,300 Family Size (including student) Amount If the age of the stu- then the allow- 55 ...... $7,100 $2,300 dent is— ance is— 56 ...... $7,300 $2,400 2 ...... $43,128 57 ...... $7,500 $2,500 3 ...... $54,364 25 or less ...... $0 $0 58 ...... $7,700 $2,500 26 ...... $300 $100 4 ...... $66,312 59 ...... $7,900 $2,600 27 ...... $700 $200 5 ...... $78,228 60 ...... $8,200 $2,700 28 ...... $1,000 $300 6 ...... $91,476 61 ...... $8,400 $2,700 29 ...... $1,300 $500 For each additional add ...... $10,332. 62 ...... $8,600 $2,800 30 ...... $1,600 $600 31 ...... $2,000 $700 63 ...... $8,900 $2,900 ‘‘(4) EMPLOYMENT EXPENSE ALLOWANCE.— 32 ...... $2,300 $800 64 ...... $9,200 $2,900 The employment expense allowance is equal 33 ...... $2,600 $900 65 or more ...... $9,400 $3,000. to the lesser of $4,000 or 35 percent of the stu- 34 ...... $2,900 $1,000 dent’s earned income or the combined earned 35 ...... $3,300 $1,100 ‘‘(d) ASSESSMENT SCHEDULE.—The assess- income of the student and the student’s 36 ...... $3,600 $1,200 ment of adjusted available income (as deter- spouse (or is equal to a successor amount as 37 ...... $3,900 $1,400 mined under subsection (a)(1) and hereafter adjusted by the Secretary under section 38 ...... $4,200 $1,500 in this subsection referred to as ‘AAI’) is cal- 478(g)). 39 ...... $4,600 $1,600 culated according to the following table (or ‘‘(c) FAMILY’S AVAILABLE ASSETS.— 40 ...... $4,900 $1,700 a successor table prescribed by the Secretary ‘‘(1) IN GENERAL.— 41 ...... $5,100 $1,700 pursuant to section 478(e)): ‘‘Assessment From Adjusted Available Income

If AAI is— Then the assessment is—

‘‘(e) COMPUTATIONS IN CASE OF SEPARATION, have the authority to prescribe regulations creasing the income protection allowances in DIVORCE, OR DEATH.—In the case of a student to carry out this part except— each of such provisions, by a percentage who is divorced or separated, or whose ‘‘(1) to prescribe updated tables in accord- equal to the percentage increase in the Con- spouse has died, the spouse’s income and as- ance with subsections (b) through (g); or sumer Price Index, as defined in subsection sets shall not be considered in determining ‘‘(2) with respect to the definition of cost (f), between April 2019 and the April prior to the family’s available income or assets.’’. of attendance under section 472, excluding the beginning of the award year and round- (g) REGULATIONS; UPDATED TABLES.—Sec- section 472(a)(1). ing the result to the nearest $10. tion 478 of the Higher Education Act of 1965 ‘‘(b) INCOME PROTECTION ALLOWANCE AD- ‘‘(c) ADJUSTED NET WORTH OF A FARM OR (20 U.S.C. 1087rr) is amended to read as fol- JUSTMENTS.—For award year 2022–2023 and BUSINESS.— lows: each succeeding award year, the Secretary shall publish in the Federal Register revised ‘‘(1) TABLE.—The table of the net worth of ‘‘SEC. 478. REGULATIONS; UPDATED TABLES. income protection allowances for the pur- a business or farm for purposes of making de- ‘‘(a) AUTHORITY TO PRESCRIBE REGULATIONS poses of subsections (c)(3) and (g)(2)(C) of sec- terminations of assets as defined under sec- RESTRICTED.—Notwithstanding any other tion 475, subclauses (I) and (II) of section tion 480(f) for award year 2021–2022 is the fol- provision of law, the Secretary shall not 476(b)(1)(A)(iii), and section 477(b)(3), by in- lowing: ‘‘Business/Farm Net Worth Adjustment

If the net worth of a business or farm is— Then the adjusted net worth is—

Less than $1 ...... $0 $1 to $135,000 ...... 40% of net worth of business/farm $135,001 to $410,000 ...... $54,000 + 50% of net worth over $135,000 $410,001 to $680,000 ...... $191,500 + 60% of net worth over $410,000 $680,001 or more ...... $353,500 + 100% of net worth over $680,000.

‘‘(2) REVISED TABLES.—For award year 2022– a farm or business for purposes of section a percentage equal to the percentage in- 2023 and each succeeding award year, the 480(f). Such revised table shall be developed— crease in the Consumer Price Index between Secretary shall publish in the Federal Reg- ‘‘(A) by increasing each dollar amount that ister a revised table of adjusted net worth of refers to net worth of a farm or business by

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4814 CONGRESSIONAL RECORD — SENATE August 4, 2020 April 2019 and the April prior to the begin- the Secretary shall not use asset informa- payer to report household employment ning of such award year, and rounding the tion from an eligible applicant or, as applica- taxes.’’. result to the nearest $5,000; and ble, the parent or spouse of an eligible appli- (i) DISCRETION OF STUDENT FINANCIAL AID ‘‘(B) by adjusting the dollar amounts in cant. ADMINISTRATORS.—Section 479A of the High- the column referring the adjusted net worth ‘‘(2) ELIGIBLE APPLICANTS.—In this sub- er Education Act of 1965 (20 U.S.C. 1087tt) is to reflect the changes made pursuant to subsection, the term ‘eligible applicant’ means amended to read as follows: paragraph (A). an applicant who meets at least one of the ‘‘SEC. 479A. DISCRETION OF STUDENT FINANCIAL ‘‘(d) EDUCATION SAVINGS AND ASSET PRO- following criteria: AID ADMINISTRATORS. TECTION ALLOWANCE.—For award year 2022– ‘‘(A) Is an applicant who qualifies for an ‘‘(a) IN GENERAL.— 2023 and each succeeding award year, the automatic zero student aid index or auto- ‘‘(1) AUTHORITY OF FINANCIAL AID ADMINIS- Secretary shall publish in the Federal Reg- matic negative student aid index under sub- TRATORS.—A financial aid administrator ister a revised table of allowances for the section (b), (c), or (d) of section 473. shall have the authority to, on the basis of purpose of sections 475(d)(2), 476(c)(2), and ‘‘(B) Is an applicant who is a dependent adequate documentation, make adjustments 477(c)(2). Such revised table shall be devel- student and the student’s parents have a to any or all of the following on a case-by- oped by determining the present value cost, total adjusted gross income (excluding any case basis— rounded to the nearest $100, of an annuity income of the dependent student) that is less ‘‘(A) for an individual eligible applicant that would provide, for each age cohort of 40 than $75,000 and do not file a Schedule A, B, with special circumstances under subsection and above, a supplemental income at age 65 D, E, F, or H (or equivalent successor sched- (b) to— (adjusted for inflation) equal to the dif- ules), with the Federal income tax return for ‘‘(i) the cost of attendance; ference between the moderate family income the second preceding tax year, and— ‘‘(ii) the values of the data used to cal- (as most recently determined by the Bureau ‘‘(i) do not file a Schedule C (or the equiva- culate the student aid index; or of Labor Statistics), and the current average lent successor schedule) with the Federal in- ‘‘(iii) the values of the data used to cal- social security retirement benefits. For each come tax return for the second preceding tax culate the Federal Pell Grant award; or age cohort below 40, the allowance shall be year; or ‘‘(B) for an individual eligible applicant computed by decreasing the allowance for ‘‘(ii) file a Schedule C (or the equivalent with unusual circumstances, as defined in age 40, as updated, by one-fifteenth for each successor schedule) with net business income year of age below age 40 and rounding the re- of not more than a $10,000 loss or gain with section 480(d)(9), under subsection (c) to the sult to the nearest $100. In making such de- the Federal income tax return for the second dependency status. terminations— preceding tax year. ‘‘(2) LIMITATIONS ON AUTHORITY.— ‘‘(1) inflation shall be presumed to be 6 per- ‘‘(C) Is an applicant who is an independent ‘‘(A) USE OF AUTHORITY.—No institution of cent per year; student and the student (and including the higher education or financial aid adminis- ‘‘(2) the rate of return of an annuity shall student’s spouse, if any) has a total adjusted trator shall maintain a policy of denying all be presumed to be 8 percent; and gross income that is less than $75,000 and requests for adjustments under this section. ‘‘(3) the sales commission on an annuity does not file a Schedule A, B, C, D, E, F, or ‘‘(B) NO ADDITIONAL FEE.—No student or shall be presumed to be 6 percent. H (or equivalent successor schedules), with parent shall be charged a fee for a docu- ‘‘(e) ASSESSMENT SCHEDULES AND RATES.— the Federal income tax return for the second mented interview of the student by the fi- For award year 2022–2023 and each succeeding preceding tax year, and— nancial aid administrator or for the review award year, the Secretary shall publish in ‘‘(i) does not file a Schedule C (or the of a student or parent’s request for adjust- the Federal Register a revised table of as- equivalent successor schedule) with the Fed- ments under this section including the re- sessments from adjusted available income eral income tax return for the second preview of any supplementary information or for the purpose of sections 475(e) and 477(d). ceding tax year; or documentation of a student or parent’s spe- Such revised table shall be developed— ‘‘(ii) files a Schedule C (or the equivalent cial circumstances or a student’s unusual ‘‘(1) by increasing each dollar amount that successor schedule) with net business income circumstances. refers to adjusted available income by a per- of not more than a $10,000 loss or gain with ‘‘(C) RULE OF CONSTRUCTION.—The author- centage equal to the percentage increase in the Federal income tax return for the second ity to make adjustments under paragraph the Consumer Price Index between April 2019 preceding tax year. (1)(A) shall not be construed to permit finan- and the April prior to the beginning of such ‘‘(3) SPECIAL RULE.—An eligible applicant cial aid administrators to deviate from the academic year, rounded to the nearest $100; shall not be exempt from asset reporting cost of attendance, the values of data used to and under this section if the applicant is a de- calculate the student aid index or the values ‘‘(2) by adjusting the other dollar amounts pendent student and the students’ parents do of data used to calculate the Federal Pell to reflect the changes made pursuant to not— Grant award (or both) for awarding aid under paragraph (1). ‘‘(A) reside in the United States or a this title in the absence of special cir- ‘‘(f) CONSUMER PRICE INDEX DEFINED.—In United States territory; or cumstances. this section, the term ‘Consumer Price ‘‘(B) file taxes in the United States or a ‘‘(3) ADEQUATE DOCUMENTATION.—Adequate Index’ means the Consumer Price Index for United States territory, except if such non- documentation for adjustments under this All Urban Consumers published by the De- filing is due to not being required to file a section shall substantiate the special cir- partment of Labor. Each annual update of Federal tax return for the applicable tax cumstances or unusual circumstances of in- tables to reflect changes in the Consumer year due to a low income. dividual students, and may include, to the Price Index shall be corrected for ‘‘(4) DEFINITIONS.—In this section: extent relevant and appropriate— misestimation of actual changes in such ‘‘(A) SCHEDULE A.—The term Schedule A ‘‘(A) a documented interview between the Index in previous years. means a form or information by a taxpayer student and the financial aid administrator; ‘‘(g) EMPLOYMENT EXPENSE ALLOWANCE.— to report itemized deductions. ‘‘(B) for the purposes of determining that a For award year 2022–2023 and each succeeding ‘‘(B) SCHEDULE B.—The term Schedule B student qualifies for an adjustment under award year, the Secretary shall publish in means a form or information filed by a tax- paragraph (1)(B)— the Federal Register a revised table of em- payer to report interest and ordinary divi- ‘‘(i) submission of a court order or official ployment expense allowances for the purpose dend income. Federal or State documentation that the of sections 475(c)(4), 476(b)(3), and 477(b)(4). ‘‘(C) SCHEDULE C.—The term Schedule C parents or legal guardians are incarcerated Such revised table shall be developed by in- means a form or information filed by a tax- creasing the dollar amount specified in sec- in any Federal or State penal institution; tions 475(c)(4), 476(b)(3), and 477(b)(4) to re- payer to report income or loss from a busi- ‘‘(ii) a documented phone call or a written flect the inflationary adjustment that is ness operated or a profession practiced as a statement, which confirms the specific unused for the income protection allowances in sole proprietor. usual circumstances with— subsection (b).’’. ‘‘(D) SCHEDULE D .—The term Schedule D ‘‘(I) a child welfare agency authorized by a (h) APPLICANTS EXEMPT FROM ASSET RE- means a form or information filed by a tax- State or county; PORTING.—Section 479 of the Higher Edu- payer to report sales, exchanges or some in- ‘‘(II) a Tribal welfare authority; cation Act of 1965 (20 U.S.C. 1087ss) is amend- voluntary conversions of capital assets, cer- ‘‘(III) an independent living case worker; or ed to read as follows: tain capital gain distributions, and nonbusi- ‘‘(IV) a public or private agency, facility, ‘‘SEC. 479. APPLICANTS EXEMPT FROM ASSET RE- ness bad debts. or program servicing the victims of abuse, PORTING. ‘‘(E) SCHEDULE E .—The term Schedule E neglect, assault, or violence; ‘‘(a) IN GENERAL.—Notwithstanding any means a form or information filed by a tax- ‘‘(iii) a documented phone call or a written other provision of law, this section shall be payer to report income from rental prop- statement from an attorney, a guardian ad effective for each individual seeking to apply erties, royalties, partnerships, S corpora- litem, or a court-appointed special advocate, for Federal financial aid under this title, as tions, estates, trusts, and residual interests which confirms the specific unusual cir- part of the simplified application for Federal in real estate mortgage investment conduits. cumstances and documents the person’s rela- student financial aid under section 483. ‘‘(F) SCHEDULE F.—The term Schedule F tionship to the student; ‘‘(b) APPLICANTS EXEMPT FROM ASSET RE- means a form or information filed by a tax- ‘‘(iv) a documented phone call or written PORTING.— payer to report farm income and expenses. statement from a representative under chap- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(G) SCHEDULE H.—The term Schedule H ter 1 or 2 of subpart 2 of part A, which con- paragraph (3), in carrying out section 483, means a form or information filed by a tax- firms the specific unusual circumstances and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4815 documents the person’s relationship to the ‘‘(iii) unusually high child care or depend- cumstances to qualify for such a determina- student; or ent care costs not covered by the dependent tion. ‘‘(v) documents, such as utility bills or care cost allowance calculated in accordance ‘‘(B) REQUIREMENTS FOR FINANCIAL AID AD- health insurance documentation, that dem- with section 472; MINISTRATORS.—With respect to a student ac- onstrate a separation from parents or legal ‘‘(iv) recent unemployment of a family cepted for admission who completes the Free guardians; and member or an independent student; Application for Federal Student Aid as an ‘‘(vi) in the absence of documentation de- ‘‘(v) a student or family member who is a independent student under subparagraph (A), scribed in this subparagraph, other docu- dislocated worker (as defined in section 3 of a financial aid administrator shall— mentation the financial aid administrator the Workforce Innovation and Opportunity ‘‘(i) notify the student of the institutional determines is adequate to confirm the un- Act); process, requirements, and timeline for an usual circumstances, as defined in section ‘‘(vi) the number of family members en- adjustment under this section and section 480(d)(9); and rolled in a degree, certificate, or other pro- 480(d)(9) that will result in a review of the ‘‘(C) supplementary information, as nec- gram leading to a recognized educational student’s request for an adjustment and a de- essary, about the financial status or personal credential at an institution with a program termination of the student’s dependency sta- circumstances of eligible applicants as it re- participation agreement under section 487; tus under such sections within a reasonable lates to the special circumstances or unusual ‘‘(vii) a change in housing status that re- time after the student completes the Free circumstances based on which the applicant sults in an individual being a homeless child Application for Federal Student Aid; is requesting an adjustment. or youth (as defined in section 725 of the ‘‘(ii) provide the student a final determina- ‘‘(4) SPECIAL RULE.—In making adjust- McKinney-Vento Homeless Assistance Act); tion of the student’s dependency status and ments under paragraph (1), a financial aid ‘‘(viii) in the case of a dependent student, Federal financial aid award as soon as prac- administrator may offer a dependent student a recent condition of severe disability of the ticable after all requested documentation is financial assistance under a Federal Direct student, the dependent student’s parent or provided; Unsubsidized Stafford Loan without requir- guardian, or an independent student’s de- ‘‘(iii) retain all documents related to the ing the parents of such student to provide pendent or spouse; adjustment under this section and section their parent information on the Free Appli- ‘‘(ix) unusual amount of claimed losses 480(d)(9), including documented interviews, cation for Federal Student Aid if the student against income on the Federal tax return for at least the duration of the student’s en- does not qualify for, or does not choose to that substantially lower adjusted gross in- rollment, and shall abide by all other record uses, the unusual circumstance option speci- come, such as business, investment, or real keeping requirements of this Act; and fied in accordance with section 480(d)(9), and estate losses; ‘‘(iv) presume that any student who has ob- the financial aid administrator determines ‘‘(x) receipt of substantial foreign income tained an adjustment under this section and that the parents of such student ended finan- of permanent residents or United States citi- section 480(d)(9) and a final determination of cial support of such student and refuse to file zens exempt from Federal taxation, or the independence for a preceding award year at such form. foreign income for which a permanent resi- an institution to be independent for a subse- ‘‘(5) PUBLIC DISCLOSURE.—Each institution dent or citizen receives a foreign tax credit; quent award year at the same institution un- of higher education shall make publicly or less— available information that students applying ‘‘(I) the student informs the institution ‘‘(C) other changes or adjustments in the for aid under this title have the opportunity that circumstances have changed; or income, assets, or size of a family, or a stu- to pursue adjustments under this section. ‘‘(II) the institution has specific con- dent’s dependency status. ‘‘(b) ADJUSTMENTS FOR STUDENTS WITH flicting information about the student’s ‘‘(3) SPECIAL RULE.—The Secretary shall SPECIAL CIRCUMSTANCES.— independence. not consider conditions that are widespread ‘‘(1) SPECIAL CIRCUMSTANCES FOR ADJUST- ‘‘(d) ADJUSTMENTS TO ASSETS OR INCOME to a group of students due to a major dis- MENTS RELATED TO PELL GRANTS.—Special TAKEN INTO ACCOUNT.—A financial aid ad- circumstances for adjustments to calculate a aster or an emergency declared by the Presi- ministrator shall be considered to be making Federal Pell Grant award— dent under section 401 or 501, respectively, of a necessary adjustment in accordance with ‘‘(A) shall be conditions that differentiate the Robert T. Stafford Disaster Relief and this section if— an individual student from a group of stu- Emergency Assistance Act (42 U.S.C. 5170 ‘‘(1) the administrator makes adjustments dents rather than conditions that exist and 5191) as special circumstances for adjust- excluding from family income or assets any across a group of students; and ment for purposes of paragraphs (1)(A) and proceeds or losses from a sale of farm or ‘‘(B) may include— (2)(A) for a time period determined by such business assets of a family if such sale re- ‘‘(i) recent unemployment of a family Secretary. sults from a voluntary or involuntary fore- member or an independent student; ‘‘(c) UNUSUAL CIRCUMSTANCES ADJUST- closure, forfeiture, or bankruptcy or a vol- ‘‘(ii) a student or family member who is a MENTS.— untary or involuntary liquidation; or dislocated worker (as defined in section 3 of ‘‘(1) IN GENERAL.—Unusual circumstances ‘‘(2) the administrator makes adjustments the Workforce Innovation and Opportunity for adjustments to the dependency status of for a student with a disability so as to take Act); an individual eligible applicant shall be— into consideration the additional costs such ‘‘(iii) a change in housing status that re- ‘‘(A) conditions that differentiate an indi- student incurs as a result of such student’s sults in an individual being a homeless child vidual student from a group of students; and disability. or youth (as defined in section 725 of the ‘‘(B) based on unusual circumstances, as ‘‘(e) REFUSAL OR ADJUSTMENT OF LOAN CER- McKinney-Vento Homeless Assistance Act); defined by section 480(d)(9). TIFICATIONS.—On a case-by-case basis, an eli- ‘‘(iv) an unusual amount of claimed losses ‘‘(2) PROVISIONAL INDEPENDENT STUDENTS.— gible institution may refuse to use the au- against income on the Federal tax return ‘‘(A) REQUIREMENTS FOR THE SECRETARY.— thority provided under this section, certify a that substantially lower adjusted gross in- The Secretary shall— statement that permits a student to receive come, such as business, investment, or real ‘‘(i) enable each student who, based on an a loan under part D, certify a loan amount, estate losses; unusual circumstance specified in section or make a loan that is less than the stu- ‘‘(v) receipt of substantial foreign income 480(d)(9), may qualify for an adjustment dent’s determination of need (as determined of permanent residents or United States citi- under subsection (a)(1)(B) that will result in under this part), if the reason for the action zens exempt from federal taxation, or the a determination of independence under this is documented and provided in written form foreign income for which a permanent resi- section and section 479D to complete the to the student. No eligible institution shall dent or citizen received a foreign tax credit; Free Application for Federal Student Aid as discriminate against any borrower or applicant in obtaining a loan on the basis of race, or an independent student for the purpose of a national origin, religion, sex, marital status, ‘‘(vi) other changes or adjustments in the provisional determination of the student’s age, or disability status.’’. income, assets, or size of a family, or a stu- Federal financial aid award, but subject to (j) DISREGARD OF STUDENT AID IN OTHER dent’s dependency status. the authority under subsection (a)(3), for the PROGRAMS.—Section 479B of the Higher Edu- ‘‘(2) SPECIAL CIRCUMSTANCES FOR ADJUST- purpose of the final determination of the cation Act of 1965 (20 U.S.C. 1087uu) is MENTS RELATED TO COST OF ATTENDANCE AND award; amended to read as follows: STUDENT AID INDEX .—Special circumstances ‘‘(ii) upon completion of the Free Applica- ‘‘SEC. 479B. DISREGARD OF STUDENT AID IN for adjustments to the cost of attendance or tion for Federal Student Aid provide an esti- OTHER PROGRAMS. the values of the data used to calculate the mate of the student’s Federal Pell Grant ‘‘Notwithstanding any other provision of student aid index— award, and other information as specified in law, student financial assistance received ‘‘(A) shall be conditions that differentiate section 483(a)(3)(A), based on the assumption under this title, Bureau of Indian Affairs stu- an individual student from a group of stu- that the student is determined to be an inde- dent assistance programs, and employment dents rather than conditions that exist pendent student; and and training programs under section 134 of across a group of students; and ‘‘(iii) specify, on the Free Application for the Workforce Innovation and Opportunity ‘‘(B) may include— Federal Student Aid, the consequences under Act (29 U.S.C. 3174 et. seq.) shall not be taken ‘‘(i) tuition expenses at an elementary section 490(a) of knowingly and willfully into account in determining the need or eli- school or secondary school; completing the Free Application for Federal gibility of any person for benefits or assist- ‘‘(ii) medical, dental, or nursing home ex- Student Aid as an independent student under ance, or the amount of such benefits or as- penses not covered by insurance; clause (i) without meeting the unusual cir- sistance, under any Federal, State, or local

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4816 CONGRESSIONAL RECORD — SENATE August 4, 2020 program financed in whole or in part with ‘‘(1) Submission of a court order or official qualified individual retirement accounts ex- Federal funds.’’. State documentation that the student re- cluded from income for Federal tax purposes, (k) NATIVE AMERICAN STUDENTS.—Section ceived Federal or State support in foster except such term shall not include payments 479C of the Higher Education Act of 1965 (20 care. made to tax-deferred pension and retirement U.S.C. 1087uu–1) is amended to read as fol- ‘‘(2) A documented phone call, written plans, paid directly or withheld from earn- lows: statement, or verifiable electronic data ings, that are not delineated on the Federal ‘‘SEC. 479C. NATIVE AMERICAN STUDENTS. match, which confirms the student was in tax return; ‘‘In determining the student aid index for foster care at an applicable age, from— ‘‘(2) tax-exempt interest income; Native American students, computations ‘‘(A) a State or tribal agency admin- ‘‘(3) untaxed portion of individual retire- performed pursuant to this part shall ex- istering a program under part B or E of title ment account distributions; and clude— IV of the Social Security Act (42 U.S.C. 621 ‘‘(4) untaxed portion of pensions. ‘‘(1) any income and assets of $2,000 or less et seq. and 670 et seq.); ‘‘(c) VETERAN.—The term ‘veteran’ has the per individual payment received by the stu- ‘‘(B) a State Medicaid agency; or meaning given the term in section 101(2) of dent (and spouse) and student’s parents ‘‘(C) a public or private foster care placing title 38, United States Code. under Public Law 98–64 (25 U.S.C. 117a et seq.; agency or foster care facility or placement. ‘‘(d) INDEPENDENT STUDENTS AND DETER- 97 Stat. 365) (commonly known as the ‘Per ‘‘(3) A documented phone call or a written MINATIONS.— The term ‘independent’, when Capita Act’) or the Indian Tribal Judgment statement from an attorney, a guardian ad used with respect to a student, means any individual who— Funds Use or Distribution Act (25 U.S.C. 1401 litem, or a Court Appointed Special Advo- ‘‘(1) is 24 years of age or older by December et seq.); and cate that confirms that the student was in 31 of the award year; ‘‘(2) any income received by the student foster care at an applicable age, and docu- ‘‘(2) is, or was at any time when the indi- (and spouse) and student’s parents under the ments the person’s relationship to the stu- vidual was 13 years of age or older; Alaska Native Claims Settlement Act (43 dent. ‘‘(A) an orphan; U.S.C. 1601 et seq.) or the Maine Indian ‘‘(4) Verification of the student’s eligibility ‘‘(B) ward of the court; Claims Settlement Act of 1980 (25 U.S.C. 1721 for an education and training voucher under ‘‘(C) in foster care; et seq.).’’. the John H. Chafee Foster Care Program ‘‘(3) is, or was immediately prior to attain- (l) DEFINITIONS.—The Higher Education under section 477 of the Social Security Act ing the age of majority, an emancipated Act of 1965 (20 U.S.C. 1001 et seq.) is amend- (42 U.S.C. 677). ed— ‘‘(c) TIMING.—A determination of independ- minor or in legal guardianship as determined (1) by inserting after section 479C the fol- ence under paragraphs (2), (8) or (9) of section by a court of competent jurisdiction in the lowing: 480(d) for a student— individual’s State of legal residence; ‘‘SEC. 479D. SPECIAL RULES FOR INDEPENDENT ‘‘(1) shall be made as quickly as prac- ‘‘(4) is a veteran of the Armed Forces of the STUDENTS. ticable; United States (as defined in subsection (c)) ‘‘(a) DETERMINATION PROCESS FOR UNAC- ‘‘(2) may be made as early as the year be- or is currently serving on active duty in the COMPANIED YOUTH.—In making a determina- fore the award year for which the student Armed Forces for other than training pur- tion of independence under section 480(d)(8), initially submits an application; and poses; a financial aid administrator shall— ‘‘(3) shall be made not later than during ‘‘(5) is a graduate or professional student; ‘‘(1) consider documentation of the stu- the award year for which the student ini- ‘‘(6) is married and not separated; dent’s circumstance provided by an indi- tially submits an application. ‘‘(7) has legal dependents other than a vidual described by this subparagraph to be ‘‘(d) USE OF EARLIER DETERMINATIONS.— spouse; acceptable in the absence of documented ‘‘(1) EARLIER DETERMINATION BY THE INSTI- ‘‘(8) an unaccompanied youth 23 years of conflicting information, such individuals in- TUTION.—Any student who is determined to age or younger who is homeless (as such clude— be independent under paragraph (2), (8) or (9) term is defined in section 725 of the McKin- ‘‘(A) a local education agency homeless li- of section 480(d) for a preceding award year ney-Vento Homeless Assistance Act), or un- aison, designated pursuant to section at an institution shall be presumed to be accompanied, at risk of homelessness, and 722(g)(1)(J)(ii) of the McKinney-Vento Home- independent for each subsequent award year self-supporting, or— less Assistance Act or a designee of the liai- at the same institution unless— ‘‘(9) is a student for whom a financial aid son; ‘‘(A) the student informs the institution administrator makes a documented deter- ‘‘(B) the director or a recognized emer- that circumstances have changed; or mination of independence by reason of other gency shelter, transitional living, street out- ‘‘(B) the institution has specific conflicting unusual circumstances as described under reach program, or other program serving in- information about the student’s independ- section 479A(c) in which the student is un- dividuals who are homeless or a designee of ence, and has informed the student of this able to contact a parent or where contact the director; information. with parents poses a risk to such student, ‘‘(C) the director of a Federal TRIO pro- ‘‘(2) EARLIER DETERMINATION BY ANOTHER which includes circumstances of— gram or a Gaining Early Awareness and INSTITUTION.— ‘‘(A) human trafficking, as described in the Readiness for Undergraduate program under ‘‘(A) SIMPLIFYING THE DEPENDENCY OVER- Trafficking Victims Protection Act of 2000 chapter 1 or 2 of subpart 2 of part A or a des- RIDE PROCESS.—A financial aid administrator (22 U.S.C. 7101 et seq.); ignee of the director; or may make a determination of independence ‘‘(B) legally granted refugee or asylum sta- ‘‘(D) by a financial aid administrator at under section 480(d)(9), based upon a docu- tus; another institution who documented the stu- mented determination of independence that ‘‘(C) parental abandonment or estrange- dent’s circumstance in a prior award year; was previously made by another financial aid ment; or ‘‘(2) if a student is unable to provide docu- administrator under such paragraph in the ‘‘(D) parental incarceration. mentation from any individual under para- same award year. ‘‘(e) EXCLUDABLE INCOME.—The term ‘ex- graph (1), make a case-by-case determina- ‘‘(e) RETENTION OF DOCUMENTS.—A finan- cludable income’ means an amount equal to tion, which shall be— cial aid administrator shall retain all docu- the education credits described in para- ‘‘(A) based on a written statement from or ments related to the determination of inde- graphs (1) and (2) of section 25A(a) of the In- a documented interview with the student pendence under paragraphs (2) or (8) of sec- ternal Revenue Code of 1986. which confirms that the student is homeless tion 480(d), including documented inter- ‘‘(f) ASSETS.— (as such term is defined in section 725 of the views.’’; and ‘‘(1) IN GENERAL.—The term ‘assets’ means McKinney-Vento Homeless Assistance Act), (2) by striking section 480 and inserting the cash on hand, including the amount in or unaccompanied, at risk of homelessness, following: checking and savings accounts, time depos- and self-supporting; and ‘‘SEC. 480. DEFINITIONS. its, money market funds, trusts, stocks, ‘‘(B) made independent from the reasons ‘‘In this part: bonds, derivatives, other securities, mutual that the student is homeless (as such term is ‘‘(a) TOTAL INCOME.—The term ‘total in- funds, tax shelters, qualified education bene- defined in section 725 of the McKinney-Vento come’ means the amount equal to adjusted fits (except as provided in paragraph (3)), the Homeless Assistance Act), or unaccom- gross income for the second preceding tax annual amount of child support received and panied, at risk of homelessness, and self-sup- year plus untaxed income and benefits for the net value of real estate, income pro- porting; and the second preceding tax year minus exclud- ducing property, and business and farm as- ‘‘(3) consider a determination made under able income for the second preceding tax sets, determined in accordance with section this paragraph as distinct from a determina- year. The factors used to determine total in- 478(c). tion of independence under section 480(d)(9). come shall be derived from the Federal in- ‘‘(2) EXCLUSIONS.—With respect to deter- ‘‘(b) DOCUMENTATION PROCESS FOR FOSTER come tax return, if available, except for the minations of need under this title, the term CARE YOUTH.—If an institution requires that applicant’s ability to indicate a qualified ‘assets’ shall not include the net value of the a student provide documentation that they rollover in the second preceding tax year as family’s principal place of residence. were in foster care when the student was age outlined in section 483. ‘‘(3) QUALIFIED EDUCATION BENEFIT.—A 13 or older, a financial aid administrator ‘‘(b) UNTAXED INCOME AND BENEFITS.—The qualified education benefit shall be consid- shall consider any of the following as ade- term ‘untaxed income and benefits’ means— ered an asset of— quate documentation, in the absence of docu- ‘‘(1) deductions and payments to self-em- ‘‘(A) the student if the student is an inde- mented conflicting information: ployed SEP, SIMPLE, Keogh, and other pendent student; or

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4817 ‘‘(B) the parent if the student is a depend- when applying for aid under this title, and of need of the student for financial assist- ent student and the account is designated for any other person who lives with and receives ance under this title. the student, regardless of whether the owner more than one-half of their support from the ‘‘(3) PROCEDURES AND MODIFICATION.—The of the account is the student or the parent. parent (or parents) and will continue to re- Secretary shall provide procedures for deter- ‘‘(g) NET ASSETS.—The term ‘net assets’ ceive more than half of their support from mining family size in cases in which infor- means the market value at the time of appli- the parent (or parents) during the award mation for the taxable year used in deter- cation of the assets (as defined in subsection year. mining the amount of need of the student for (f)), minus the outstanding liabilities or in- ‘‘(2) Except as otherwise provided, the term financial assistance under this title has debtedness against the assets. ‘dependent of the student’ means the stu- changed or does not accurately reflect the ‘‘(h) TREATMENT OF INCOME TAXES PAID TO dent’s dependent children and other persons applicant’s current household size. OTHER JURISDICTIONS.— (except the student’s spouse) who live with ‘‘(l) BUSINESS ASSETS.—The term ‘business ‘‘(1) The tax on income paid to the Govern- and receive more than one-half of their sup- assets’ means property that is used in the op- ments of the Commonwealth of Puerto Rico, port from the student and will continue to eration of a trade or business, including real Guam, American Samoa, the Virgin Islands, receive more than half of their support from estate, inventories, buildings, machinery, or the Commonwealth of the Northern Mar- the student during the award year. and other equipment, patents, franchise iana Islands, the Republic of the Marshall Is- ‘‘(k) FAMILY SIZE.— rights, and copyrights.’’. lands, the Federated States of Micronesia, or ‘‘(1) DEPENDENT STUDENT.—Except as pro- (m) FAFSA.—Section 483 of the Higher Palau under the laws applicable to those ju- vided in paragraph (3), in determining family Education Act of 1965 (20 U.S.C. 1090) is risdictions, or the comparable tax paid to size in the case of a dependent student— amended to read as follows: the central government of a foreign country, ‘‘(A) if the parents are not divorced or sep- ‘‘SEC. 483. FREE APPLICATION FOR FEDERAL shall be treated as Federal income taxes. arated, family members include the stu- STUDENT AID. ‘‘(2) References in this part to the Internal dent’s parents, and any dependent (within ‘‘(a) SIMPLIFIED APPLICATION FOR FEDERAL Revenue Code of 1986, Federal income tax the meaning of section 152 of the Internal STUDENT FINANCIAL AID.— forms, and the Internal Revenue Service Revenue Code of 1986 or an eligible indi- ‘‘(1) IN GENERAL.—Each individual seeking shall, for purposes of the tax described in vidual for purposes of the credit under sec- to apply for Federal financial aid under this paragraph (1), be treated as references to the tion 32 of the Internal Revenue Code of 1986) title for any award year shall file a free ap- corresponding laws, tax forms, and tax col- of the student’s parents for the taxable year plication with the Secretary, known as the lection agencies of those jurisdictions, reused in determining the amount of need of ‘Free Application for Federal Student Aid’, spectively, subject to such adjustments as the student for financial assistance under to determine eligibility for such aid, as de- the Secretary may provide by regulation. this title; scribed in paragraph (2), and in accordance ‘‘(i) OTHER FINANCIAL ASSISTANCE.— ‘‘(B) if the parents are divorced or sepa- with section 479. ‘‘(1) For purposes of determining a stu- rated, family members include the parent ‘‘(2) FREE APPLICATION.— dent’s eligibility for funds under this title, whose income is included in computing ‘‘(A) IN GENERAL.—The Secretary shall other financial assistance not received under available income and any dependent (within make available, for the purposes of para- this title shall include all scholarships, the meaning of section 152 of the Internal graph (1), a free application to determine the grants, loans, or other assistance known to Revenue Code of 1986 or an eligible indi- eligibility of a student for Federal financial the institution at the time the determina- vidual for purposes of the credit under sec- aid under this title. tion of the student’s need is made, including tion 32 of the Internal Revenue Code of 1986) ‘‘(B) INFORMATION REQUIRED BY THE APPLI- national service educational awards or post- of that parent for the taxable year used in CANT.— service benefits under title I of the National determining the amount of need of the stu- ‘‘(i) IN GENERAL.—The applicant, and, if and Community Service Act of 1990 (42 U.S.C. dent for financial assistance under this title; necessary, the parents or spouse of the appli- 12511 et seq.). ‘‘(C) if the parents are divorced and the cant, shall provide the Secretary with the ‘‘(2) Notwithstanding paragraph (1), a tax parents whose income is so included is re- applicable information described in clause credit taken under section 25A of the Inter- married, or if the parent was a widow or wid- (ii) in order to be eligible for Federal finan- nal Revenue Code of 1986, or a distribution ower who has remarried, family members cial aid under this title. that is not includable in gross income under also include, in addition to those individuals ‘‘(ii) INFORMATION TO BE PROVIDED.—The in- section 529 of such Code, under another pre- referred to in paragraph (B), and any depend- formation described in this clause is the fol- paid tuition plan offered by a State, or under ent (within the meaning of section 152 of the lowing: a Coverdell education savings account under Internal Revenue Code of 1986 or an eligible ‘‘(I) Name. section 530 of such Code, shall not be treated individual for purposes of the credit under ‘‘(II) Contact information, including ad- as other financial assistance for purposes of section 32 of the Internal Revenue Code of dress, phone number, email address, or other section 471(a)(3). 1986) of the new spouse for the taxable year electronic address. ‘‘(3) Notwithstanding paragraph (1) and used in determining the amount of need of ‘‘(III) Social security number. section 472, assistance not received under the student for financial assistance under ‘‘(IV) Date of birth. this title may be excluded from both other this title, if that spouse’s income is included ‘‘(V) Marital status. financial assistance and cost of attendance, in determining the parent’s adjusted avail- ‘‘(VI) Citizenship status, including alien if that assistance is provided by a State and able income; and registration number, if applicable. is designated by such State to offset a spe- ‘‘(D) if the student is not considered as a ‘‘(VII) Sex. cific component of the cost of attendance. If dependent (within the meaning of section 152 ‘‘(VIII) State of legal residence and date of that assistance is excluded from either other of the Internal Revenue Code of 1986 or an el- residency. financial assistance or cost of attendance, it igible individual for purposes of the credit ‘‘(IX) The following information on sec- shall be excluded from both. under section 32 of the Internal Revenue ondary school completion— ‘‘(4) Notwithstanding paragraph (1), pay- Code of 1986) of any parent, the parents’ fam- ‘‘(aa) Name and location of the high school ments made and services provided under part ily size shall include the student and the from which the applicant received, or will re- E of title IV of the Social Security Act to or family members applicable to the parents’ ceive prior to the period of enrollment for on behalf of any child or youth over whom situation under subparagraph (A), (B), or (C). which aid is sought, a regular high school di- the State agency has responsibility for ‘‘(2) INDEPENDENT STUDENT.—Except as pro- ploma; placement, care, or supervision, including vided in paragraph (3), in determining family ‘‘(bb) name and location of the entity from the value of vouchers for education and size in the case of an independent student— which the applicant received, or will receive training and amounts expended for room and ‘‘(A) family members include the student, prior to the period of enrollment for which board for youth who are not in foster care the student’s spouse, and any dependent aid is sought, a recognized equivalent of a but are receiving services under section 477 (within the meaning of section 152 of the In- regular high school diploma; or of such Act, shall not be treated as other fi- ternal Revenue Code of 1986 or an eligible in- ‘‘(cc) if the applicant completed or will nancial assistance for purposes of section dividual for purposes of the credit under sec- complete prior to the period of enrollment 471(a)(3). tion 32 of the Internal Revenue Code of 1986) for which aid is sought, a secondary school ‘‘(5) Notwithstanding paragraph (1), emer- of that student for the taxable year used in education in a home school setting that is gency financial assistance in an amount less determining the amount of need of the stu- treated as a home school or private school than $1,500 provided to the student for unex- dent for financial assistance under this title; under State law. pected expenses that are a component of the and ‘‘(X) Name of each institution where the student’s cost of attendance, and not other- ‘‘(B) if the student is divorced or separated, applicant intends to apply for enrollment or wise considered when the determination of family members do not include the spouse continue enrollment. the student’s need is made, shall not be (or ex-spouse), but do include the student ‘‘(XI) Year in school for period of enroll- treated as other financial assistance for pur- and any dependent (within the meaning of ment for which aid is sought, including poses of section 471(a)(3). section 152 of the Internal Revenue Code of whether applicant will have finished first ‘‘(j) DEPENDENTS.— 1986 or an eligible individual for purposes of bachelor’s degree prior to the period of en- ‘‘(1) Except as otherwise provided, the term the credit under section 32 of the Internal rollment for which aid is sought. ‘dependent of the parent’ means the student Revenue Code of 1986) of that student for the ‘‘(XII) Whether one or both of the appli- who is deemed to be a dependent students taxable year used in determining the amount cant’s parents attended college.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4818 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(XIII) Any required asset information, un- applicant shall confirm the accuracy of fam- cant and, if necessary, the parents or spouse less exempt under section 479, in which the ily size or update the family size with re- of the applicant may provide the Secretary applicant shall indicate— spect to such applicant for purposes of deter- with authorization to release and transmit ‘‘(aa) the annual amount of child support mining the need of such applicant for finan- to means-tested Federal benefit programs, as received, if applicable; and cial assistance under this title based on a defined in section 473(e), the following: ‘‘(bb) all required asset information not de- change in family size from the tax year data ‘‘(I) Information described under section scribed in item (aa). used for such determination. 6103(l)(13) of the Internal Revenue Code of ‘‘(XIV) The number of members of the ap- ‘‘(v) SINGLE QUESTION FOR HOMELESS STA- 1986. plicant’s family who will also be enrolled in TUS.—The Secretary shall ensure that— ‘‘(II) All information provided by the appli- an eligible institution of higher education on ‘‘(I) on the form developed under this sec- cant on the application described by this at least a half-time basis during the same en- tion for which the information is applicable, subsection to determine the applicant’s eli- rollment period as the applicant. there is a single, easily understood screening gibility for the application, award, and ad- ‘‘(XV) If the applicant meets any of the fol- question to identify an applicant who is an ministration of such means-tested Federal lowing designations: unaccompanied homeless child or youth (as benefits programs. ‘‘(aa) Homeless, at risk of being homeless, such term is defined in section 725 of the ‘‘(E) ACTION BY THE SECRETARY.—Upon re- or an unaccompanied youth. McKinney-Vento Homeless Assistance Act) ‘‘(bb) Emancipated minor. or an unaccompanied youth who is self-sup- ceiving— ‘‘(cc) In legal guardianship. porting and at risk of homelessness; and ‘‘(i) an application under this section, the ‘‘(dd) Dependent ward of the court at any ‘‘(II) such question is distinct from those Secretary shall, as soon as practicable, per- time since the applicant turned 13. relating to an individual who does not have form the necessary functions with the Com- ‘‘(ee) In foster care at any time since the access to parental income due to an unusual missioner of Internal Revenue to calculate applicant turned 13. circumstance. the applicant’s student aid index and sched- ‘‘(ff) If both parents have died since the ap- ‘‘(vi) ADJUSTMENTS.—The Secretary shall uled award for a Federal Pell Grant, if appli- plicant turned 13. disclose on the FAFSA that the student cable, assuming full-time enrollment for an ‘‘(gg) Is a veteran of the Armed Forces of may, on a case-by-case basis, qualify for an academic year, and note to the applicant the the United States or is serving (on the date adjustment under section 479A to the cost of assumptions relationship to the scheduled of the application) on active duty in the attendance or the values of the data items award; and Armed Forces for other than training pur- required to calculate the student aid index ‘‘(ii) an authorization under subparagraph poses. for the student or parent. (D), the Secretary shall, as soon as prac- ‘‘(hh) Has a dependent child or relative and ‘‘(C) NOTIFICATION OF REQUEST FOR TAX RE- ticable, release and transmit the informa- is under the age of 24. TURN INFORMATION.—The Secretary shall ad- tion described under such subparagraph to ‘‘(ii) Does not have access to parental in- vise students and borrowers who submit an the State of residence of the applicant or an come due to an unusual circumstance in ac- application for Federal student financial aid institution, as specified by the applicant, in cordance with section 480(d)(9). under this title (as well as parents and order for the applicant’s eligibility for Fed- ‘‘(XVI) If the applicant receives or has re- spouses who sign such an application or re- eral, State, or institutional student financial ceived any of the following means-tested quest or a Master Promissory Note on behalf aid programs to be estimated or determined. Federal benefits within the last two years: of those students and borrowers) of the au- ‘‘(3) INFORMATION TO BE SUPPLIED BY THE ‘‘(aa) The supplemental security income thority of the Secretary to request that the SECRETARY OF EDUCATION.— program under title XVI of the Social Secu- Internal Revenue Service disclose their tax ‘‘(A) IN GENERAL.—Upon receiving and rity Act (42 U.S.C. 1381 et seq.). return information as described in section timely processing a free application that ‘‘(bb) The supplemental nutrition assist- 494. contains the information described in para- ance program under the Food and Nutrition ‘‘(D) AUTHORIZATIONS AVAILABLE TO THE AP- graph (2), the Secretary shall provide to the Act of 2008 (7 U.S.C. 2011 et seq.). PLICANT.— applicant (and the parents of a dependent ‘‘(cc) The free and reduced price school ‘‘(i) AUTHORIZATION TO RELEASE AND TRANS- student applicant, or spouse of the inde- lunch program established under the Richard MIT TO INSTITUTION.—An applicant and, if pendent student applicant, if applicable) the B. Russell National School Lunch Act (42 necessary, the parents or spouse of the appli- following information based on full-time at- U.S.C. 1751 et seq.). cant shall provide the Secretary with au- tendance for an academic year: ‘‘(dd) The program of block grants for thorization to release and transmit to an in- ‘‘(i) The estimated dollar amount of a Fed- States for temporary assistance for needy stitution, as specified by the applicant, in eral Pell Grant scheduled award for which families established under part A of title IV order for the applicant’s eligibility for Fed- the applicant is eligible for such award year. of the Social Security Act (42 U.S.C. 601 et eral financial aid programs to be determined, ‘‘(ii) Information on other types of Federal seq.). the following: financial aid for which the applicant may be ‘‘(ee) The special supplemental nutrition ‘‘(I) Information described under section eligible (including situations in which the program for women, infants, and children es- 6103(l)(13) of the Internal Revenue Code of applicant could qualify for 150 percent of a tablished by section 17 of the Child Nutrition 1986. schedule Federal Pell Grant award and loans Act of 1966 (42 U.S.C. 1786). ‘‘(II) All information provided by the appli- made under this title) and how the applicant ‘‘(ff) The Medicaid program under title XIX cant on the application described by this of the Social Security Act (42 U.S.C. 1396 et subsection to determine the applicant’s eli- can find additional information regarding seq.). gibility for Federal financial aid under this such aid. ‘‘(gg) Federal housing assistance programs, title and for the application, award, and ad- ‘‘(iii) Information regarding each institu- including tenant-based assistance under sec- ministration of such Federal financial aid. tion selected by the applicant in accordance tion 8(o) of the United States Housing Act of ‘‘(ii) AUTHORIZATION TO RELEASE AND with paragraph (2)(B)(ii)(X), including the 1937 (42 U.S.C. 1437f(o)), and public housing, TRANSMIT TO STATE AND INSTITUTION.— following: as defined in section 3(b)(1) of such Act (42 ‘‘(I) IN GENERAL.—An applicant and, if nec- ‘‘(I) The following information, as col- U.S.C. 1437a(b)(1)). essary, the parents or spouse of the applicant lected through the Integrated Postsecondary ‘‘(hh) Any other means-tested program de- may provide the Secretary with authoriza- Education Data System or a successor Fed- termined by the Secretary to be appropriate. tion to release and transmit to the State of eral data system as designated by the Sec- ‘‘(XVII) If the applicant, or, if necessary, residence of the applicant and to any institu- retary: the parents or spouse of the applicant, re- tion specified by the applicant, in order for ‘‘(aa) Net price by income quintile. ported receiving tax exempt payments from the applicant’s eligibility for State student ‘‘(bb) Median debt of students upon com- an individual retirement plan (as defined in financial aid programs or institution-based pletion. section 7701 of the Internal Revenue Code of student financial aid programs to be deter- ‘‘(cc) Graduation rate. 1986) distribution or from pensions or annu- mined, the following: ‘‘(dd) Retention rate. ities on a Federal tax return, information as ‘‘(aa) Information described under section ‘‘(ee) Transfer rate, if available. to how much of the individual retirement 6103(l)(13) of the Internal Revenue Code of ‘‘(II) Institutional default rate, as cal- plan distribution or pension or annuity dis- 1986. culated under section 435. bursement was a qualified rollover. ‘‘(bb) All information provided by the ap- ‘‘(iv) If the student is eligible for a student ‘‘(iii) PROHIBITION AGAINST REQUESTING IN- plicant on the application described by this aid index of less than or equal to zero under FORMATION MORE THAN ONCE.—Any informa- subsection for the application, award, and section 473 but has not indicated that they tion requested during the process of creating administration of financial aid by a State or receive Federal means-tested benefits, a no- an account for completing the free applica- an institution of higher education. tification of the Federal means-tested bene- tion under this subsection, shall not be re- ‘‘(II) SPECIAL RULE.—An institution to fits for which they may be eligible. quired a second time for the same award which an applicant selects to release and ‘‘(v) Information on education tax credits year, or in a duplicative manner, when com- transmit information under subclause (I) described in paragraphs (1) and (2) of section pleting such free application except in the shall not be disclosed to any other institu- 25A(a) of the Internal Revenue Code of 1986. case of an unusual situation. tion. ‘‘(vi) If the individual identified as a vet- ‘‘(iv) CHANGE IN FAMILY SIZE.—The Sec- ‘‘(iii) AUTHORIZATION TO RELEASE AND eran, or as serving (on the date of the appli- retary shall provide a process by which an TRANSMIT TO BENEFITS PROGRAMS.—An application) on active duty in the Armed Forces

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4819 for other than training purposes, informa- ‘‘(II) shall not share such information with exemption from asset reporting under section on benefits administered by the Depart- any other entity without the explicit written tion 479 for the purposes of awarding State ment of Veteran Affairs or Department of consent of the applicant. scholarships and grant aid; Defense, respectively. ‘‘(iii) LIMITATION ON CONSENT PROCESS.—An ‘‘(iii) a list of States that have indicated ‘‘(vii) If applicable, the applicant’s current institution may provide a consent process that they require additional financial infor- outstanding balance of loans under this title. whereby an applicant can elect to share the mation separate from the Free Application ‘‘(B) INFORMATION PROVIDED TO THE information described in clause (i) with ex- for Federal Student Aid for purposes of plicit written consent to a scholarship grant- STATE.— awarding State scholarships and grant aid; ing organization, including a tribal organiza- ‘‘(i) IN GENERAL.—The Secretary shall pro- and vide, with authorization from the applicant tion (defined in section 4 of the Indian Self- Determination and Education Assistance Act ‘‘(iv) with the publication of the lists under in accordance with paragraph (2)(D)(ii), to a this subparagraph, information about addi- State agency administering State-based fi- (25 U.S.C. 5304)), or to Federal, State, or local government agencies or tribal organizations tional resources available to applicants, in- nancial aid and serving the applicant’s State to assist the applicant in applying for and re- cluding links to such State websites. of residence, the information described under ceiving private assistance, or Federal, State, ‘‘(7) INSTITUTION-RUN FINANCIAL AID.— section 6103(l)(13) of the Internal Revenue local government assistance, or tribal assist- ‘‘(A) IN GENERAL.—The Secretary shall con- Code of 1986 and information described in ance for any component of the applicant’s duct outreach to institutions of higher edu- paragraph (2)(B) for the application, award, cost of attendance which may include finan- cation to describe the benefits to students of and administration of grants and other aid cial assistance or non-monetary assistance. relying solely on the financial data made provided directly from the State to be deter- ‘‘(iv) PROHIBITION.—Any entity that re- available, upon authorization for release by mined by such State. Such information shall ceives applicant information under clause the applicant, as a result of an application include the list of institutions provided by (iii) shall not sell, share, or otherwise use ap- for aid under this subsection for determining the applicant on the application. plicant information other than for the pur- the eligibility of the applicant for institu- ‘‘(ii) USE OF INFORMATION.—A State agency poses outlined in clause (iii). tional financial aid. The Secretary shall administering State-based financial aid— ‘‘(4) DEVELOPMENT OF FORM AND INFORMA- make readily available to the public through ‘‘(I) shall use the information provided TION EXCHANGE.—Prior to the design of the its websites and other means— under clause (i) solely for the application, free application under this subsection, the ‘‘(i) a list of institutions that do not re- award, and administration of State-based fi- Secretary shall, to the maximum extent quire additional financial information sepa- nancial aid for which the applicant is eligi- practicable, on an annual basis— rate from the Free Application for Federal ble and for State agency research that does ‘‘(A) consult with stakeholders to gather Student Aid and do not require asset infor- not release any individually identifiable in- information about innovations and tech- formation on any applicant to promote col- nology available to— mation from students who qualify for the ex- lege attendance, persistence, and comple- ‘‘(i) ensure an efficient and effective proc- emption from asset reporting under section tion; ess; 479 for the purpose of awarding institution- ‘‘(II) may use identifying information for ‘‘(ii) mitigate unintended consequences; run financial aid; student applicants to determine whether or and ‘‘(ii) a list of institutions that require not a graduating secondary student has filed ‘‘(iii) determine the best practices for out- asset information from students who qualify the application in coordination with local reach to students and families during the for the exemption from asset reporting under educational agencies or secondary schools to transition to the streamlined process for the section 479 for the purpose of awarding insti- encourage students to complete the applica- determination of Federal financial aid and tution-run financial aid; tion; and Federal Pell Grant eligibility while reducing ‘‘(iii) a list of institutions that require ad- ‘‘(III) shall not share application informa- the data burden on applicants and families; ditional financial information separate from tion with any other entity without the ex- and the Free Application for Federal Student Aid plicit written consent of the applicant, ex- ‘‘(B) solicit public comments for the for- for the purpose of awarding institution-run cept as provided in subclause (II). mat of the free application that provides for financial aid; and ‘‘(iii) LIMITATION ON CONSENT PROCESS.—A adequate time to incorporate feedback prior ‘‘(iv) with the publication of the list in State may provide a consent process where- to development of the application for the clause (iii), information about additional re- by an applicant may elect to share the infor- succeeding award year. sources available to applicants. ‘‘(5) NO ADDITIONAL INFORMATION REQUESTS mation described in clause (i) through ex- ‘‘(8) SECURITY OF DATA.—The Secretary PERMITTED.—In carrying out this subsection, plicit written consent to Federal, State, or shall, in consultation with the Secretary of local government agencies or tribal organi- the Secretary may not require additional information to be submitted by an applicant the Treasury, take all steps necessary to— zations to assist such applicant in applying (or the parents or spouse of an applicant) for ‘‘(A) safeguard the data required to be for and receiving Federal, State, or local Federal financial aid through other require- transmitted for the purpose of this section government assistance, or tribal assistance ments or reporting, except as required under between Federal agencies and to States and for any component of the applicant’s cost of a process or procedure exercised in accord- institutions of higher education; attendance which may include financial as- ance with the authority under section 479A. ‘‘(B) secure the transmittal of such data; sistance or non-monetary assistance. ‘‘(6) STATE-RUN PROGRAMS.— and ‘‘(iv) PROHIBITION.—Any entity that re- ‘‘(A) IN GENERAL.—The Secretary shall con- ‘‘(C) provide guidance to States and insti- ceives applicant information under clause duct outreach to States in order to research tutions of higher education regarding their (iii) shall not sell, share, or otherwise use ap- the benefits to students of States relying obligation to ensure the security of the data plicant information other than for the pur- solely on the financial data made available, provided under this section. poses outlined in clause (iii). upon authorization by the applicant, as a re- ‘‘(9) REPORT TO CONGRESS.— ‘‘(C) INFORMATION PROVIDED TO THE INSTITU- sult of an application for aid under this sub- ‘‘(A) IN GENERAL.—Not later than one year TION.— section for determining the eligibility of the after the date of enactment of the Student ‘‘(i) IN GENERAL.—The Secretary shall pro- applicant for State provided financial aid. Loan Repayment and FAFSA Simplification vide, with authorization from the applicant ‘‘(B) SECRETARIAL REVIEW.—If a State de- Act, the Secretary shall report to the Com- in accordance with paragraph (2)(D)(ii), to termines that there is a need for additional mittee on Health, Education, Labor, and each institution selected by the applicant on data elements beyond those provided pursu- Pensions of the Senate and the Committee the application, the information described ant to this subsection for determining the on Education and Labor of the House of Rep- under section 6103(l)(13) of the Internal Rev- eligibility of an applicant for State provided enue Code of 1986 and information described resentatives on the progress of the Secretary financial aid, the State shall forward a list of in carrying out this subsection, including in paragraph (2)(B) for the application, those additional data elements determined planning and stakeholder consultation. Such award, and administration of grants and necessary, but not provided by virtue of the report shall include— other aid provided directly from the institu- application under this subsection, to the ‘‘(i) benchmarks for implementation; tion to be determined by such institution Secretary. The Secretary shall make readily and grants and other aid provided directly available to the public through the Depart- ‘‘(ii) entities and organization that the from the State or Federal Government. ment’s websites and other means— Secretary consulted; ‘‘(ii) USE OF INFORMATION.—An institu- ‘‘(i) a list of States that do not require ad- ‘‘(iii) system requirements for such imple- tion— ditional financial information separate from mentation and how they will be addressed; ‘‘(I) shall use the information provided to the Free Application for Federal Student Aid ‘‘(iv) any areas of concern and potential it under clause (i) solely for the application, and do not require asset information from problem issues uncovered that may hamper award, and administration of financial aid to students who qualify for the exemption from such implementation; and the applicant, and for institutional research asset reporting under section 479 for the pur- ‘‘(v) solutions determined to address such that does not release any individually identi- poses of awarding State scholarships and issues. fiable information on any applicant, to pro- grant aid; ‘‘(B) QUARTERLY UPDATES.—The Secretary mote college attendance, persistence and ‘‘(ii) a list of States that require asset in- shall provide updates to the Committees de- completion; and formation from students who qualify for the scribed in subparagraph (A)—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4820 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(i) as to the progress and planning de- ‘‘(B) submit the application under this Assistance Act), an unaccompanied youth, or scribed in subparagraph (A) prior to imple- title to the Secretary through such tech- a foster care youth. mentation of the Free Application for Fed- nology. ‘‘(2) CONTENTS.—The data described in eral Student Aid under this subsection not ‘‘(6) VERIFICATION BURDEN.—The Secretary paragraph (1) with respect to homeless chil- less often than quarterly; and shall— dren and youth shall include, at a minimum, ‘‘(ii) at least 6 months and 1 year after im- ‘‘(A) to the maximum extent practicable, for each application cycle— plementation of the Free Application for streamline and simplify the process of ‘‘(A) the total number of all applicants who Federal Student Aid. verification for applicants for Federal finan- were determined to be individuals described ‘‘(b) ADJUSTMENTS AND IMPROVEMENTS.— cial aid; in section 480(d)(8); and ‘‘(1) IN GENERAL.—The Secretary shall dis- ‘‘(B) in establishing policies and proce- ‘‘(B) the number of applicants described in close in a consumer-tested format, upon dures to verify applicants’ eligibility for subparagraph (A), disaggregated— completion of the Free Application for Fed- Federal financial aid, consider— ‘‘(i) by State; and eral Student Aid under this section, that the ‘‘(i) the burden placed on low-income appli- ‘‘(ii) by the sources of determination as de- student may, on a case-by-case basis, qualify cants; scribed in section 479D(b). for an adjustment under section 479A to the ‘‘(ii) the risk to low-income applicants of ‘‘(3) DATA SHARING.—The Secretary may cost of attendance or the values of the data failing to enroll or complete from being se- enter into data sharing agreements with the items required to calculate the Federal Pell lected for verification; appropriate Federal or State agencies to Grant or the need analysis for the student or ‘‘(iii) the effectiveness of the policies and conduct outreach regarding, and connect apparent. Such disclosure shall specify— procedures in safeguarding against a net cost plicants directly with, the means-tested Fed- ‘‘(A) examples of the special circumstances to taxpayers; and eral benefit programs described in subsection under which a student or family member ‘‘(iv) the reasons for the source of any im- (a)(2)(B)(ii)(XVI) for which the applicants may qualify for such adjustment or deter- proper payments; and may be eligible. mination of independence; and ‘‘(C) issue a report not less often than an- ‘‘(d) ENSURING FORM USABILITY.— ‘‘(B) additional information regarding the nually sharing the percentage of applicants ‘‘(1) SIGNATURE.—Notwithstanding any steps a student or family member may take subject to verification, whether the appli- other provision of this title, the Secretary in order to seek an adjustment under section cants ultimately received Federal financial may permit the Free Application for Federal 479A. aid disbursements, and whether the student Student Aid to be submitted without a sig- ‘‘(2) CONSUMER TESTING.— aid index changed enough to affect the appli- nature, if a signature is subsequently sub- ‘‘(A) IN GENERAL.—Not later than 9 months mitted by the applicant, or if the applicant cant’s award of any Federal financial aid after the date of enactment of the Student uses an access device provided by the Sec- under this title. Loan Repayment and FAFSA Simplification retary. ‘‘(7) STUDIES.—The Secretary shall periodi- Act, the Secretary shall begin consumer ‘‘(2) FREE PREPARATION AUTHORIZED.—Not- cally conduct studies on— testing the design of the Free Application for withstanding any other provision of this ‘‘(A) the effect of States requiring addi- Federal Student Aid under this section with title, an applicant may use a preparer for tional information specified in clauses (ii) prospective first-generation college students, consultative or preparation services for the and (iii) of paragraph (6)(B) on the deter- representatives of students (including low- completion of the Free Application for Fed- mination of State financial aid awards and income students, first generation college eral Student Aid without charging a fee to whether the additional information required students, adult students, veterans, the applicant if the preparer— servicemembers, and prospective students), is a barrier to college enrollment by exam- ‘‘(A) includes, at the time the application students’ families (including low-income ining— is submitted to the Department, the name, families, families with first generation col- ‘‘(i) how much financial aid awards would address or employer’s address, social secu- lege students, and families with prospective change if the additional information were rity number or employer identification num- students), institutions of higher education, not required; ber, and organizational affiliation of the pre- secondary school and postsecondary coun- ‘‘(ii) the number of students who started parer on the applicant’s form; selors, and nonprofit consumer groups. but did not finish the Free Application for ‘‘(B) is subject to the same penalties as an ‘‘(B) UPDATES.—For award year 2021 and Federal Student Aid, compared to the base- applicant for purposely giving false or mis- each fourth succeeding award year there- line year of 2021; and leading information in the application; after, the Secretary shall update the design ‘‘(iii) the number of students who— ‘‘(C) clearly informs each individual upon of the Free Application for Federal Student ‘‘(I) started a Free Application for Federal initial contact, that the Free Application for Aid based on additional consumer testing Student Aid but did not receive financial as- Federal Student Aid is a free form that may with the populations described in subpara- sistance under this title for the applicable be completed without professional assist- graph (A) in order to improve the usability academic year; and ance; and and accessibility of the application. ‘‘(II) if available, did not enroll in an insti- ‘‘(D) does not produce, use, or disseminate ‘‘(3) ACCESSIBILITY OF THE FAFSA.—The Sec- tution of higher education in the applicable any other form for the purpose of applying retary shall— academic year; for Federal financial aid other than the Free ‘‘(A) in conjunction with the Director of ‘‘(B) the most common barriers faced by Application for Federal Student Aid form de- the Census Bureau, shall determine the most applications in completing the Free Applica- veloped by the Secretary under this section. common languages spoken at home in the tions for Federal Student Aid; and ‘‘(3) CHARGES TO STUDENTS AND PARENTS United States ‘‘(C) the most common reasons that stu- FOR USE OF FORMS PROHIBITED.—The need and ‘‘(B) develop versions of the Free Applica- dents and families do not fill out the Free eligibility of a student for financial assist- tion for Federal Student Aid form in each of Applications for Federal Student Aid. ance under this title may be determined only the languages determined in subparagraph ‘‘(c) DATA AND INFORMATION.— by using the Free Application for Federal (A); and ‘‘(1) IN GENERAL.—The Secretary shall pub- Student Aid developed by the Secretary ‘‘(C) ensure the Free Application for Fed- lish data in a publicly accessible manner— under this section. Such application shall be eral Student Aid is compliant with the most ‘‘(A) annually on the total number of Free produced, distributed, and processed by the recent Web Content Accessibility Guidelines, Applications for Federal Student Aid sub- Secretary, and no parent or student shall be or successor guidelines. mitted by application cycle, disaggregated charged a fee by the Secretary, a contractor, ‘‘(4) REAPPLICATION IN A SUCCEEDING ACA- by demographic characteristics, type of in- a third-party servicer or private software DEMIC YEAR.—In order to streamline appli- stitution or institutions of higher education provider, or any other public or private enti- cant’s experience applying for financial aid, to which the applicant applied, the appli- ty for the collection, processing, or delivery the Secretary shall allow an applicant who cant’s State of legal residence, and high of Federal financial aid through the use of electronically applies for financial assist- school and public school district; such application. No data collected on a form ance under this title for an academic year ‘‘(B) quarterly on the total number of Free for which a fee is charged shall be used to subsequent to an academic year for which Applications for Federal Student Aid sub- complete the Free Application for Federal such applicant applied for financial assist- mitted by application cycle, disaggregated Student Aid prescribed under this section, ance under this title to automatically elec- by type of institution or institutions of high- except that a Federal or State income tax tronically import all of the applicant’s (in- er education to which the applicant applied, form prepared by a paid income tax preparer cluding parents, guardians, or spouses, as ap- the applicant’s State of legal residence, and or preparer service for the primary purpose plicable) identifying, demographic, and high school and public school district; of filing a Federal or State income tax re- school data from the previous application ‘‘(C) weekly on the total number of Free turn may be used to complete the Free Ap- and to update such information to reflect Applications for Federal Student Aid sub- plication for Federal Student Aid prescribed any circumstances that have changed. mitted, disaggregated by high school and under this section. ‘‘(5) TECHNOLOGY ACCESSIBILITY.—The Sec- public school district; and ‘‘(4) APPLICATION PROCESSING CYCLE.—The retary shall make the application under this ‘‘(D) annually on the number of individuals Secretary shall enable students to submit a section available through prevalent tech- who apply for Federal financial aid pursuant Free Application for Federal Student Aid de- nology. Such technology shall, at a min- to this section who indicated they are a veloped under this section and initiate the imum, enable applicants to— homeless child or youth (as defined in sec- processing of such application, not later ‘‘(A) save data; and tion 725 of the McKinney-Vento Homeless than January 1 of the student’s planned year

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4821 of enrollment, to the maximum extent prac- ‘‘(B) actively shared by the Secretary retary shall report qualitative and quan- ticable, on or around October 1 prior to the with— titative outcomes regarding the implementa- student’s planned year of enrollment. ‘‘(i) institutions of higher education par- tion of the plans under subparagraph (A). ‘‘(5) EARLY ESTIMATES.—The Secretary ticipating in programs under this title; The Secretary shall review and update such shall maintain an electronic method for ap- ‘‘(ii) all middle and secondary schools eli- plans not less often than every 4 award years plicants to enter income and family size in- gible for funds under part A of title I of the with the goal of progressively increasing the formation to calculate a non-binding esti- Elementary and Secondary Education Act of impact of the activities under this para- mate of the applicant’s Federal financial aid 1965; and graph. available under this title and shall place ‘‘(iii) local educational agencies and mid- ‘‘(D) PARTNERSHIP.—The Secretary may such calculator on a prominent location at dle schools and secondary schools that serve partner with States, State systems of higher the beginning of the Free Application for students not less than 25 percent of whom education, institutions of higher education, Federal Student Aid.’’. meet a measure of poverty as described in or college access organizations to carry out (n) STUDENT ELIGIBILITY.—Section 484 of section 1113(a)(5) of the Elementary and Sec- this paragraph. the Higher Education Act of 1965 (20 U.S.C. ondary Education Act of 1965. ‘‘(2) INTERAGENCY COORDINATION PLANS.— 1091) is amended— ‘‘(4) ELECTRONIC ESTIMATOR ON FAFSA.—In ‘‘(A) IN GENERAL.—The Secretary shall de- (1) by striking subsection (q) and inserting accordance with subsection (d)(5) of section velop interagency coordination plans in the following: 483, the Secretary shall maintain an elec- order to inform more students and families, ‘‘(q) USE OF INCOME DATA WITH IRS.—The tronic method for applicants to enter income including low-income individuals or families, Secretary, in cooperation with the Secretary and family size, and level of education about the availability of Federal financial of the Treasury, shall fulfill the data trans- sought information to calculate a non-bind- aid under this title through participation in fer requirements under section 6103(l)(13) of ing estimate (which may include a range or existing Federal programs or tax benefits the Internal Revenue Code of 1986.’’; ceiling) of the applicant’s Federal financial that serve low-income individuals or fami- (2) by striking subsection (r); aid available under this title and shall place lies, in coordination with the following Sec- (3) by redesignating subsections (s) and (t) such calculator on a prominent location on retaries: as subsections (r) and (s), respectively; and the FAFSA website and in a manner that en- ‘‘(i) The Secretary of the Treasury. (4) by adding at the end the following: courages students to fill out the FAFSA. ‘‘(ii) The Secretary of Labor. ‘‘(t) EXCEPTION TO REQUIRED REGISTRATION ‘‘(c) EARLY AWARENESS PLANS.—The Sec- ‘‘(iii) The Secretary of Health and Human WITH THE SELECTIVE SERVICE SYSTEM.—Not- retary shall establish and implement early Services. withstanding section 12(f) of the Military Se- awareness and outreach plans to provide ‘‘(iv) The Secretary of Agriculture. lective Service Act (50 U.S.C. 3811(f)), an in- early information about the availability of ‘‘(v) The Secretary of Housing and Urban dividual shall not be ineligible for assistance Federal financial aid and estimates of pro- Development. or a benefit provided under this title if the spective students’ eligibility for Federal fi- ‘‘(vi) The Secretary of Commerce. individual is required under section 3 of such nancial aid as well as to promote the attain- ‘‘(vii) The Secretary of Veterans Affairs. Act (50 U.S.C. 3802) to present himself for and ment of postsecondary education specifically ‘‘(B) PROCESS, ACTIVITIES, AND GOALS.— submit to registration under such section among prospective first-generation students Each interagency coordination plan under and fails to do so in accordance with any and families as well as low-income individ- subparagraph (A) shall— proclamation issued under such section, or uals and families, as follows: ‘‘(i) to identify opportunities in which low- in accordance with any rule or regulation ‘‘(1) OUTREACH PLANS FOR LOW-INCOME FAMI- income individuals and families could be in- issued under such section.’’. LIES.— formed of the availability of Federal finan- (o) INSTITUTIONAL AND FINANCIAL ASSIST- ‘‘(A) IN GENERAL.—The Secretary shall de- cial aid under this title through access to ANCE INFORMATION FOR STUDENTS.—Section velop plans for each population described in other Federal programs that serve low-in- 485 of the Higher Education Act of 1965 (20 this subparagraph to disseminate informa- U.S.C. 1092) is amended by striking sub- come individuals and families; tion about the availability of Federal finan- ‘‘(ii) to identify methods to effectively in- section (k). cial aid under this title, in addition to and in (p) EARLY AWARENESS OF FINANCIAL AID form low-income individuals and families of coordination with the distribution of the ELIGIBILITY.—Section 485E of the Higher the availability of Federal financial aid for Education Act of 1965 (20 U.S.C. 1092f) is method of estimating eligibility under sub- postsecondary education under this title; amended to read as follows: section (b), to— ‘‘(iii) develop early awareness activities ‘‘(i) all middle schools and secondary ‘‘SEC. 485E. EARLY AWARENESS AND OUTREACH that align with the opportunities and meth- OF FINANCIAL AID ELIGIBILITY. schools eligible for funds under part A of ods identified under clauses (ii) and (iii); ‘‘(a) IN GENERAL.—The Secretary shall im- title I of the Elementary and Secondary Edu- ‘‘(iv) establish goals regarding the effects plement early outreach activities in order to cation Act of 1965; of the activities to be implemented under provide prospective students and their fami- ‘‘(ii) local educational agencies and middle clause (iii); and lies with information about financial aid and schools and high schools that serve students ‘‘(v) provide information on how students estimates of financial aid. Such early out- not less than 25 percent of whom meet a and families can maintain access to Federal reach activities shall include the activities measure of poverty as described in section programs that serve low-income individuals described in subsections (b), (c), and (d). 1113(a)(5) of the Elementary and Secondary and families operated by the agencies identi- ‘‘(b) PELL GRANT EARLY AWARENESS ESTI- Education Act; and fied under subsection (A) while attending an MATES.— ‘‘(iii) households receiving assistance institution of higher education. ‘‘(1) IN GENERAL.—The Secretary shall under the supplemental nutrition assistance ‘‘(C) PLAN WITH SECRETARY OF THE TREAS- produce a consumer-tested method of esti- program established under the Food and Nu- URY.—The interagency coordination plan mating student eligibility for Federal Pell trition Act of 2008 (7 U.S.C. 2011 et seq.). under subparagraph (A)(i) between the Sec- Grants outlined in section 401(b) utilizing ‘‘(B) CONTENT OF PLANS.—The plans de- retary and the Secretary of the Treasury the variables of family size and adjusted scribed in paragraph (A) shall— shall further include specific methods to in- gross income, and presented in electronic ‘‘(i) provide students and their families crease the application for Federal financial format. There shall be a method for students with information on— aid under this title from individuals who file to indicate whether they are, or will be in— ‘‘(I) the availability of the College Score- Federal tax returns, including collaboration ‘‘(A) a single-parent household; card described in section 132; with tax preparation entities or other third ‘‘(B) a household with two parents; or ‘‘(II) the electronic estimates of financial parties, as appropriate. ‘‘(C) a household with no children or de- aid available under subsection (b); ‘‘(D) REPORTING AND UPDATES.—The Sec- pendents. ‘‘(III) Federal financial aid available to retary shall post the information about the ‘‘(2) CONSUMER TESTING.— students, including eligibility criteria for interagency coordination plans under para- ‘‘(A) IN GENERAL.—The method of esti- the Federal financial aid and an explanation graph (2) and associated goals publicly on mating eligibility described in paragraph (1) of the Federal financial aid programs (in- the Department of Education website. The shall be consumer tested with prospective cluding applicable Federal educational tax plans shall have the goal of progressively in- first-generation students and families as credits); and creasing the impact of the activities under well as low-income individuals and families. ‘‘(IV) resources that can inform students of this paragraph by increasing the number of ‘‘(B) UPDATES.—For award year 2023–2024 financial aid that may be available from low-income applicants for, and recipients of, and each fourth succeeding award year state-based financial aid, state-based college Federal financial aid. The plans shall be up- thereafter, the design of the method of esti- savings programs, and scholarships and dated not less than once every 4 years. mating eligibility shall be updated based on other non-governmental sources; ‘‘(3) NATIONWIDE PARTICIPATION IN EARLY additional consumer testing with the popu- ‘‘(ii) describe how the dissemination of in- AWARENESS PLANS.— lations described in subparagraph (A). formation will be conducted by the Sec- ‘‘(A) IN GENERAL.—The Secretary shall so- ‘‘(3) DISTRIBUTION.—The method of esti- retary. licit voluntary public commitments from en- mating eligibility described in paragraph (1) ‘‘(C) REPORTING AND UPDATES.—The Sec- tities, such as States, State systems of high- shall be— retary shall post the information about the er education, institutions of higher edu- ‘‘(A) made publicly and prominently avail- plans under subparagraph (A) and associated cation, and other interested organizations, able on the Department of Education goals publicly on the Department of Edu- to carry out early awareness plans, which website; and cation website. On an annual basis, the Sec- shall include goals, to—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4822 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(i) notify prospective and existing stu- ‘‘(A) the term ‘adjusted gross income’ eral Pell Grant for an academic year in dents who are low-income individuals and means— which the student is enrolled in an eligible families about their eligibility for Federal ‘‘(i) in the case of a dependent student, the program full time in an amount that is not aid under this title, as well as State-based fi- adjusted gross income (as defined in section more than the amount determined in accord- nancial aid, if applicable, on an annual basis; 62 of the Internal Revenue Code of 1986) of ance with the following: ‘‘(ii) increase the number of prospective the student’s parents in the second tax year ‘‘(i) If the student or, in the case of a de- and current students who are low-income in- preceding the academic year; and pendent student, the dependent student’s dividuals and families filing the Free Appli- ‘‘(ii) in the case of an independent student, parent, is a single parent and the adjusted cation for Federal Student Aid; and the adjusted gross income (as defined in sec- gross income is greater than 225 percent of ‘‘(iii) increase the number of prospective tion 62 of the Internal Revenue Code of 1986) the poverty line and is less than 325 percent and current students who are low-income in- of the student (and the student’s spouse, if of the poverty line, the amount shall be dividuals and families enrolling in postsec- applicable) in the second tax year preceding equal to the greater of— ondary education. the academic year; ‘‘(I) the minimum Federal Pell Grant for ‘‘(B) REPORTING AND UPDATES.—Each entity ‘‘(B) the term ‘family size’ has the meaning the academic year; and that makes a voluntary public commitment given the term in section 480(l); ‘‘(II) the total maximum Federal Pell to carry out an early awareness plan may ‘‘(C) the term ‘poverty line’ means the pov- Grant for the academic year, minus the prod- submit quantitative and qualitative data erty line (as determined under the poverty uct of— based on the entity’s progress toward the guidelines updated periodically in the Fed- ‘‘(aa) the adjusted gross income, less an goals of the plan annually prior to a date se- eral Register by the Department of Health amount equal to 225 percent of the poverty lected by the Secretary. and Human Services under the authority of line; and ‘‘(C) EARLY AWARENESS CHAMPIONS.—Based section 673(2) of the Community Services ‘‘(bb) the total maximum Federal Pell on data submitted by entities, the Secretary Block Grant Act (42 U.S.C. 9902(2))) applica- Grant for the academic year, divided by an shall select and designate entities submit- ble to the student’s family size and applica- amount equal to 100 percent of the poverty ting public commitments, plans, and goals, ble to the second tax year preceding the aca- line. as Early Awareness Champions on an annual demic year; ‘‘(ii) If the student or, in the case of a de- basis. Those entities designated as Early ‘‘(D) the term ‘single parent’ means— pendent student, the dependent student’s Awareness Champions shall provide one or ‘‘(i) a parent of a dependent student who parent, is not a single parent and the ad- more case studies regarding the activities was a head of household (as defined in sec- justed gross income is greater than 175 per- the entity undertook under this paragraph tion 2(b) of the Internal Revenue Code of cent of the poverty line and is less than 275 which shall be made public by the Secretary 1986) or a surviving spouse (as defined in sec- percent of the poverty line, the amount shall on the Department of Education website to tion 2(a) of the Internal Revenue Code of be equal to the greater of— promote best practices. 1986) or was an eligible individual for pur- ‘‘(I) the minimum Federal Pell Grant for poses of the credit under section 32 of such the academic year; and ‘‘(d) PUBLIC AWARENESS CAMPAIGN.— Code, in the second tax year preceding the ‘‘(II) the total maximum Federal Pell ‘‘(1) IN GENERAL.—The Secretary shall develop and implement a public awareness academic year; or Grant for the academic year, minus the prod- campaign designed using current and rel- ‘‘(ii) an independent student who was a uct of— head of household (as defined in section 2(b) ‘‘(aa) the adjusted gross income, less an evant independent research regarding strate- of the Internal Revenue Code of 1986) or a amount equal to 175 percent of the poverty gies and media platforms found to be most surviving spouse (as defined in section 2(a) of line; and effective in communicating with low-income the Internal Revenue Code of 1986) or was an ‘‘(bb) the total maximum Federal Pell populations in order to increase national eligible individual for purposes of the credit Grant for the academic year, divided by an awareness regarding the availability of Fed- under section 32 of such Code, in the second amount equal to 100 percent of the poverty eral Pell Grants and financial aid under this tax year preceding the academic year; line. title and, at the option of the Secretary, po- ‘‘(E) the term ‘total maximum Federal Pell ‘‘(2) LESS THAN FULL-TIME ENROLLMENT.—In tential availability of state need-based fi- Grant’ means the total maximum Federal any case where a student is enrolled in an el- nancial aid. Pell Grant award per student for any aca- igible program of an institution of higher ‘‘(2) COORDINATION.—The public awareness demic year described under paragraph (5); education on less than a full-time basis (in- campaign described in paragraph (1) shall le- and cluding a student who attends an institution verage the activities in subsections (b) and ‘‘(F) the term ‘minimum Federal Pell of higher education on less than a half-time (c) to highlight eligibility among low-income Grant’ means the minimum amount of a basis) during any academic year, the amount populations. In developing and implementing Federal Pell Grant that shall be awarded to of the Federal Pell Grant to which that stu- the campaign, the Secretary may work in co- a student eligible under this subpart for any dent is entitled shall be reduced in direct ordination with States, institutions of high- academic year in which that student is at- proportion to the degree to which that stu- er education, early intervention and out- tending full time, which shall be equal to 10 dent is not so enrolled on a full-time basis, reach programs under this title, other Fed- percent of the total maximum Federal Pell rounded to the nearest whole percentage eral agencies, organizations involved in col- Grant for such academic year. point, as provided in a schedule of reductions lege access and student financial aid, sec- ‘‘(b) AMOUNT AND DISTRIBUTION OF published by the Secretary computed in ac- ondary schools, local educational agencies, GRANTS.— cordance with this subpart. Such schedule of public libraries, community centers, busi- ‘‘(1) DETERMINATION OF AMOUNT OF A FED- reductions shall be published in the Federal nesses, employers, workforce investment ERAL PELL GRANT.—Subject to paragraphs (2) Register in accordance with section 482 of boards, and organizations that provide serv- and (3), the amount of a Federal Pell Grant this Act. Such reduced Federal Pell Grant ices to individuals that are or were homeless, for a student eligible under this subpart for a student enrolled on a less than full- in foster care, or are disconnected youth. shall be determined in accordance with the time basis shall also apply proportionally to ‘‘(3) REPORTING.—The Secretary shall re- following: students who are otherwise eligible to report on the success of the public awareness ‘‘(A) A student eligible under this subpart ceive the minimum Federal Pell Grant, if en- campaign described in paragraph (1) annu- shall be eligible for a total maximum Fed- rolled full-time. ally regarding the extent to which the public eral Pell Grant for an academic year in ‘‘(3) AWARD MAY NOT EXCEED COST OF AT- and target populations were reached using which the student is enrolled in an eligible TENDANCE.—No Federal Pell Grant under this data commonly used to evaluate advertising program full time— subpart shall exceed the cost of attendance and outreach campaigns and data regarding ‘‘(i) if the student or, in the case of a de- (as defined in section 472) at the institution whether the campaign produced any increase pendent student, the dependent student’s at which that student is in attendance. If, in applicants for Federal aid under this title parent, is not required to file a Federal in- with respect to any student, it is determined publicly on the Department of Education come tax return in the second year preceding that the amount of a Federal Pell Grant for website.’’. the academic year; that student exceeds the cost of attendance SEC. ll. FEDERAL PELL GRANTS: AMOUNT AND ‘‘(ii) if the student or, in the case of a de- for that year, the amount of the Federal Pell DETERMINATIONS; APPLICATIONS. pendent student, the dependent student’s Grant shall be reduced until the Federal Pell (a) FEDERAL PELL GRANTS.—Beginning on parent, is a single parent, if the adjusted Grant does not exceed the cost of attendance the effective date described in subsection (b), gross income is equal to or less than 225 per- at such institution. section 401 of the Higher Education Act of cent of the poverty line; or ‘‘(4) STUDY ABROAD.—Notwithstanding any 1965 (20 U.S.C. 1070a) is amended to read as ‘‘(iii) if the student or, in the case of a de- other provision of this subpart, the Sec- follows: pendent student, the dependent student’s retary shall allow the amount of the Federal ‘‘SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND parent, is not a single parent, if the adjusted Pell Grant to be exceeded for students par- DETERMINATIONS; APPLICATIONS. gross income is equal to or less than 175 per- ticipating in a program of study abroad ap- ‘‘(a) PURPOSE; DEFINITIONS.— cent of the poverty line. proved for credit by the institution at which ‘‘(1) PURPOSE.—The purpose of this subpart ‘‘(B) A student eligible under this subpart the student is enrolled when the reasonable is to provide a Federal Pell Grant to low-in- who is not eligible for a total maximum Fed- costs of such program are greater than the come students. eral Pell Grant under subparagraph (A) for cost of attendance at the student’s home in- ‘‘(2) DEFINITIONS.—In this section— an academic year, shall be eligible for a Fed- stitution, except that the amount of such

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4823 Federal Pell Grant in any fiscal year shall riods during the same award year that are course of study being pursued by that stu- not exceed the maximum amount of a Fed- not otherwise fully covered by the student’s dent at the institution at which the student eral Pell Grant for which a student is eligi- Federal Pell Grant. is in attendance, except that any period dur- ble under paragraph (1) or (2) during such ‘‘(B) In the case of a student receiving ing which the student is enrolled in a non- award year. If the preceding sentence ap- more than one Federal Pell Grant in a single credit or remedial course of study, as de- plies, the financial aid administrator at the award year under subparagraph (A), the total scribed in paragraph (2), shall not be counted home institution may use the cost of the amount of Federal Pell Grants awarded to for the purpose of this paragraph. study abroad program, rather than the home such student for the award year may exceed ‘‘(2) NONCREDIT OR REMEDIAL COURSES; institution’s cost, to determine the cost of the total maximum Federal Pell Grant avail- STUDY ABROAD.—Nothing in this section shall attendance of the student. able for an award year. exclude from eligibility courses of study ‘‘(5) TOTAL MAXIMUM FEDERAL PELL ‘‘(C) Any period of study covered by a Fed- which are noncredit or remedial in nature GRANT.— eral Pell Grant awarded under subparagraph (including courses in English language in- ‘‘(A) IN GENERAL.—For award year 2021– (A) shall be included in determining a stu- struction) which are determined by the insti- 2022, and each subsequent award year, the dent’s duration limit under subsection (d)(5). tution to be necessary to help the student be total maximum Federal Pell Grant award ‘‘(D) In any case where an eligible student prepared for the pursuit of a first under- per student shall be equal to the sum of— is receiving a Federal Pell Grant for a pay- graduate baccalaureate degree or certificate ‘‘(i) $1,060; and ment period that spans 2 award years, the or, in the case of courses in English language ‘‘(ii) the amount specified as the maximum Secretary shall allow the eligible institution instruction, to be necessary to enable the Federal Pell Grant in the last enacted appro- in which the student is enrolled to determine student to utilize already existing knowl- priation Act applicable to that award year. the award year to which the additional pe- edge, training, or skills. Nothing in this sec- ‘‘(B) ROUNDING.—The total maximum Fed- riod shall be assigned, as it determines is tion shall exclude from eligibility programs eral Pell Grant for any award year shall be most beneficial to students. of study abroad that are approved for credit rounded to the nearest $5. ‘‘(c) SPECIAL RULE.— by the home institution at which the student ‘‘(6) FUNDS BY FISCAL YEAR.—To carry out ‘‘(1) IN GENERAL.—Notwithstanding any is enrolled. this section for each of fiscal years 2021 other provision of this title, the total max- ‘‘(3) NO CONCURRENT PAYMENTS.—No stu- through 2030— imum Federal Pell Grant shall be provided dent is entitled to receive Pell Grant pay- ‘‘(A) there are authorized to be appro- to a student described in paragraph (2). ments concurrently from more than one in- priated and are appropriated (in addition to ‘‘(2) APPLICABILITY.—Paragraph (1) shall stitution or from the Secretary and an insti- any other amounts appropriated to carry out apply to any dependent or independent stu- tution. this section and out of any money in the dent— ‘‘(4) POSTBACCALAUREATE PROGRAM.—Not- Treasury not otherwise appropriated) such ‘‘(A) who is eligible to receive a Federal withstanding paragraph (1), the Secretary sums as are necessary to carry out paragraph Pell Grant for the award year for which the may allow, on a case-by-case basis, a student (5)(A)(i); and determination is made; to receive a Federal Pell Grant if the stu- ‘‘(B) such sums as may be necessary are ‘‘(B) whose parent or guardian was— dent— authorized to be appropriated to carry out ‘‘(i) an individual who, on or after Sep- ‘‘(A) is carrying at least one-half the nor- paragraph (5)(A)(ii). tember 11, 2001, died in the line of duty while mal full-time work load for the course of ‘‘(7) APPROPRIATION.— serving on active duty as a member of the study the student is pursuing, as determined ‘‘(A) IN GENERAL.—In addition to any funds Armed Forces; or by the institution of higher education; and appropriated under paragraph (6) and any ‘‘(ii) actively serving as a public safety of- ‘‘(B) is enrolled or accepted for enrollment funds made available for this section under ficer and died in the line of duty while per- in a postbaccalaureate program that does any appropriations Act, there are authorized forming as a public safety officer; and not lead to a graduate degree, and in courses to be appropriated, and there are appro- ‘‘(C) who is less than 33 years of age. required by a State in order for the student priated (out of any money in the Treasury ‘‘(3) INFORMATION.—Notwithstanding any to receive a professional certification or li- not otherwise appropriated) to carry out this other provision of law, the Secretary shall censing credential that is required for em- section, $1,145,000,000 for fiscal year 2021 and establish the necessary data-sharing agree- ployment as a teacher in an elementary each subsequent award year. ments with the Secretary of Veterans Affairs school or secondary school in that State, ‘‘(B) NO EFFECT ON PREVIOUS APPROPRIA- and the Secretary of Defense, as applicable, except that this paragraph shall not apply to TIONS.—The amendments made to this sec- to provide the information necessary to de- a student who is enrolled in an institution of tion by the Student Loan Repayment and termine which students meet the require- higher education that offers a baccalaureate FAFSA Simplification Act shall not— ments of paragraph (2). degree in education. ‘‘(i) increase or decrease the amounts that ‘‘(4) TREATMENT OF PELL AMOUNT.—Not- ‘‘(5) MAXIMUM PERIOD.— have been appropriated or are available to withstanding section 1212 of the Omnibus ‘‘(A) IN GENERAL.—Except as provided in carry out this section for fiscal year 2017, Crime Control and Safe Streets Act of 1968 subparagraph (B), the period during which a 2018, 2019, or 2020 as of the day before the ef- (34 U.S.C. 10302), in the case of a student who student may receive Federal Pell Grants fective date of such Act; or receives an increased Federal Pell Grant shall not exceed 12 semesters, or the equiva- ‘‘(ii) extend the period of availability for amount under this section, the total amount lent of 12 semesters, as determined by the obligation that applied to any such amount, of such Federal Pell Grant, including the in- Secretary by regulation. Such regulations as of the day before such effective date. crease under this subsection, shall not be shall provide, with respect to a student who ‘‘(8) METHOD OF DISTRIBUTION.— considered in calculating that student’s edu- received a Federal Pell Grant for a term but ‘‘(A) IN GENERAL.—For each fiscal year cational assistance benefits under the Public was enrolled at a fraction of full time, that through fiscal year 2030, the Secretary shall Safety Officers’ Benefits program under sub- only that same fraction of such semester or pay to each eligible institution such sums as part 2 of part L of title I of such Act. equivalent shall count towards such duration may be necessary to pay each eligible stu- ‘‘(5) DEFINITION OF PUBLIC SAFETY OFFI- limits. dent for each academic year during which CER.—For purposes of this subsection, the ‘‘(B) EXCEPTION.— that student is in attendance at an institu- term ‘public safety officer’ means— ‘‘(i) IN GENERAL.—Any Federal Pell Grant tion of higher education as an under- ‘‘(A) a public safety officer, as defined in that a student received during a period de- graduate, a Federal Pell Grant in the section 1204 of title I of the Omnibus Crime scribed in subclause (I) or (II) of clause (ii) amount for which that student is eligible. Control and Safe Streets Act of 1968 (34 shall not count towards the student’s dura- ‘‘(B) ALTERNATIVE DISBURSEMENT.—Nothing U.S.C. 10284); or tion limits under this paragraph. in this section shall be interpreted to pro- ‘‘(B) a fire police officer, defined as an indi- ‘‘(ii) APPLICABLE PERIODS.—Clause (i) shall hibit the Secretary from paying directly to vidual who— apply with respect to any Federal Pell Grant students, in advance of the beginning of the ‘‘(i) is serving in accordance with State or awarded to a student to enroll in an eligible academic term, an amount for which they local law as an officially recognized or des- program at an institution— are eligible, in the cases where an eligible in- ignated member of a legally organized public ‘‘(I) during a period of a student’s attend- stitution does not participate in the dis- safety agency; ance at an institution— bursement system under subparagraph (A). ‘‘(ii) is not a law enforcement officer, a ‘‘(aa) at which the student was unable to ‘‘(9) ADDITIONAL PAYMENT PERIODS IN SAME firefighter, a chaplain, or a member of a res- complete a course of study due to the closing AWARD YEAR.— cue squad or ambulance crew; and of the institution; or ‘‘(A) Effective in the 2017–2018 award year ‘‘(iii) provides scene security or directs ‘‘(bb) for which the student was falsely cer- and thereafter, the Secretary shall award an traffic— tified as eligible for Federal aid under this eligible student not more than one and one- ‘‘(I) in response to any fire drill, fire call, title; or half Federal Pell Grants during a single or other fire, rescue, or police emergency; or ‘‘(II) during a period— award year to permit such student to work ‘‘(II) at a planned special event. ‘‘(aa) for which the student received a loan toward completion of an eligible program if, ‘‘(d) PERIOD OF ELIGIBILITY FOR GRANTS.— under this title; and during that single award year, the student ‘‘(1) IN GENERAL.—The period during which ‘‘(bb) for which the loan described in item has received a Federal Pell Grant for an a student may receive Federal Pell Grants (aa) is discharged under— award year and is enrolled in an eligible pro- shall be the period required for the comple- ‘‘(AA) section 437(c)(1) or section 464(g)(1); gram for one or more additional payment pe- tion of the first undergraduate baccalaureate or

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4824 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(BB) section 432(a)(6). under regulations issued by the Secretary for (B) by amending subparagraph (E) to read ‘‘(e) APPLICATIONS FOR GRANTS.— the loan program authorized under part B or as follows: ‘‘(1) DEADLINES.—The Secretary shall from D, as applicable. This subsection shall not ‘‘(E) improving professional, paraprofes- time to time set dates by which students apply to an institution that was not partici- sional, and volunteer resources to strengthen shall file the Free Application for Federal pating in the loan program authorized under the child welfare workforce; and’’. Student Aid under this subpart. part B or D on October 7, 1998, unless the in- SEC. 203. GENERAL DEFINITIONS. ‘‘(2) APPLICATION.—Each student desiring a stitution subsequently participates in the Section 3 of the Child Abuse Prevention Federal Pell Grant for any year shall file the loan programs.’’. and Treatment Act (42 U.S.C. 5101 note) is Free Application for Federal Student Aid (b) EFFECTIVE DATE.—This section, and the amended— containing the information necessary to en- amendments made by this section, shall take (1) in paragraph (7), by striking ‘‘; and’’ and able the Secretary to carry out the functions effect on July 1, 2021. inserting a semicolon; and responsibilities of this subpart. (2) in paragraph (8), by striking the period ‘‘(f) DISTRIBUTION OF GRANTS TO STU- SA 2534. Mr. ALEXANDER submitted and inserting ‘‘; and’’; and DENTS.—Payments under this section shall an amendment intended to be proposed (3) by adding at the end the following: be made in accordance with regulations pro- to amendment SA 2499 proposed by Mr. ‘‘(9) the term ‘underserved or overrepre- mulgated by the Secretary for such purpose, MCCONNELL to the bill S. 178, to con- sented groups in the child welfare system’ in such manner as will best accomplish the demn gross human rights violations of includes youth that enter the child welfare purpose of this section. Any disbursement al- ethnic Turkic Muslims in Xinjiang, and system following family rejection, parental lowed to be made by crediting the student’s calling for an end to arbitrary deten- abandonment, sexual abuse or sexual exploi- account shall be limited to tuition and fees, tation, or unaccompanied homelessness.’’. and food and housing if that food and hous- tion, torture, and harassment of these SEC. 204. TECHNICAL AMENDMENTS. ing is institutionally owned or operated. The communities inside and outside China; The Child Abuse Prevention and Treat- student may elect to have the institution which was ordered to lie on the table; ment Act (42 U.S.C. 5101 et seq.) is amended— provide other such goods and services by as follows: (1) in section 3 (42 U.S.C. 5101 note), by crediting the student’s account. At the appropriate place, insert the fol- amending paragraph (5) to read as follows: ‘‘(g) INSUFFICIENT APPROPRIATIONS.—If, for lowing: any fiscal year, the funds appropriated for ‘‘(5) the terms ‘Indian’, ‘Indian Tribe’, and TITLE II—CAPTA REAUTHORIZATION payments under this subpart are insufficient ‘Tribal organization’ have the meanings to satisfy fully all entitlements, as cal- Subtitle A—Findings; Definitions; Technical given the terms ‘Indian’, ‘Indian tribe’, and culated under subsection (b) (but at the max- Amendments ‘tribal organization’, respectively, in section imum grant level specified in such appro- SEC. 201. SHORT TITLE. 4 of the Indian Self-Determination and Edu- priation), the Secretary shall promptly This title may be cited as the ‘‘CAPTA Re- cation Assistance Act (25 U.S.C. 5304);’’; transmit a notice of such insufficiency to authorization Act of 2020’’. (2) by striking ‘‘tribe’’ each place such each House of the Congress, and identify in SEC. 202. FINDINGS. term appears (other than section 3(5)) and in- such notice the additional amount that Section 2 of the Child Abuse Prevention serting ‘‘Tribe’’; and would be required to be appropriated to sat- and Treatment Act (42 U.S.C. 5101 note) is (3) by striking ‘‘tribal’’ each place such isfy fully all entitlements (as so calculated amended— term appears (other than section 3(5)) and in- at such maximum grant level). (1) in paragraph (1), by striking ‘‘2008, ap- serting ‘‘Tribal’’. ‘‘(h) USE OF EXCESS FUNDS.— proximately 772,000’’ and inserting ‘‘2017, ap- Subtitle B—General Program ‘‘(1) 15 PERCENT OR LESS.—If, at the end of proximately 674,000’’; SEC. 211. INTERAGENCY WORK GROUP ON CHILD a fiscal year, the funds available for making (2) in paragraph (2)— ABUSE AND NEGLECT. payments under this subpart exceed the (A) in subparagraph (A)— Section 102 of the Child Abuse Prevention amount necessary to make the payments re- (i) by striking ‘‘close to 1⁄3’’ and inserting and Treatment Act (42 U.S.C. 5102) is amend- quired under this subpart to eligible students ‘‘75 percent’’; and ed to read as follows: by 15 percent or less, then all of the excess (ii) by striking ‘‘2008’’ and inserting ‘‘2017’’; ‘‘SEC. 102. INTERAGENCY WORK GROUP ON funds shall remain available for making pay- and CHILD ABUSE AND NEGLECT. ments under this subpart during the next (B) by amending subparagraph (B) to read ‘‘(a) ESTABLISHMENT.—The Secretary may succeeding fiscal year. as follows: continue the work group known as the Inter- ‘‘(2) MORE THAN 15 PERCENT.—If, at the end ‘‘(B) investigations have determined that agency Work Group on Child Abuse and Ne- of a fiscal year, the funds available for mak- approximately 75 percent of children who glect (referred to in this section as the ‘Work ing payments under this subpart exceed the were victims of maltreatment in fiscal year Group’). amount necessary to make the payments re- 2017 suffered neglect, 18 percent suffered ‘‘(b) COMPOSITION.—The Work Group shall quired under this subpart to eligible students physical abuse, and 9 percent suffered sexual be comprised of representatives from Federal by more than 15 percent, then all of such abuse;’’; agencies with responsibility for child abuse funds shall remain available for making such (3) in paragraph (3)— and neglect related programs and activities. payments but payments may be made under (A) in subparagraph (B), by striking ‘‘2008, ‘‘(c) DUTIES.—The Work Group shall— this paragraph only with respect to entitle- an estimated 1,740’’ and inserting ‘‘2017, an ‘‘(1) coordinate Federal efforts and activi- ments for that fiscal year. estimated 1,720’’; and ties with respect to child abuse and neglect ‘‘(i) TREATMENT OF INSTITUTIONS AND STU- (B) by amending subparagraph (C) to read prevention and treatment; DENTS UNDER OTHER LAWS.—Any institution as follows: ‘‘(2) serve as a forum that convenes rel- of higher education which enters into an ‘‘(C) in fiscal year 2017, children younger evant Federal agencies to communicate and agreement with the Secretary to disburse to than 1 year old comprised nearly one half of exchange ideas concerning child abuse and students attending that institution the child maltreatment fatalities and 72 percent neglect related programs and activities; and amounts those students are eligible to re- of child maltreatment fatalities were young- ‘‘(3) further coordinate Federal efforts and ceive under this subpart shall not be deemed, er than 3 years of age;’’; activities to maximize resources to address by virtue of such agreement, a contractor (4) in paragraph (4)(B)— child abuse and neglect in areas of critical maintaining a system of records to accom- (A) by striking ‘‘37’’ and inserting ‘‘40’’; needs for the field, such as improving re- plish a function of the Secretary. Recipients and search, focusing on prevention, and address- of Pell Grants shall not be considered to be (B) by striking ‘‘2008’’ and inserting ‘‘2017’’; ing the links between child abuse and ne- individual grantees for purposes of subtitle D (5) in paragraph (5), by striking ‘‘, Amer- glect and domestic violence.’’. of title V of Public Law 100–690. ican Indian children, Alaska Native children, SEC. 212. NATIONAL CLEARINGHOUSE FOR IN- ‘‘(j) INSTITUTIONAL INELIGIBILITY BASED ON and children of multiple races and FORMATION RELATING TO CHILD DEFAULT RATES.— ethnicities’’ and inserting ‘‘and Indian chil- ABUSE. ‘‘(1) IN GENERAL.—No institution of higher dren, including Alaska Native children,’’; Section 103 of the Child Abuse Prevention education shall be an eligible institution for (6) in paragraph (6)— and Treatment Act (42 U.S.C. 5104) is amend- purposes of this subpart if such institution of (A) in subparagraph (A), by inserting ‘‘to ed— higher education is ineligible to participate strengthen families’’ before the semicolon; (1) in subsection (b)— in a loan program under part B or D as a re- and (A) in paragraph (1), by striking ‘‘effective sult of a final default rate determination (B) in subparagraph (C), by striking programs’’ and inserting ‘‘evidence-based made by the Secretary under part B or D ‘‘neighborhood’’ and inserting ‘‘community’’; and evidence-informed programs’’; after the final publication of cohort default (7) in paragraph (11), by inserting ‘‘trauma- (B) by redesignating paragraphs (4) rates for fiscal year 1996 or a succeeding fis- informed,’’ after ‘‘comprehensive,’’; and through (9) as paragraphs (5) through (10), re- cal year. (8) in paragraph (15)— spectively; ‘‘(2) SANCTIONS SUBJECT TO APPEAL OPPOR- (A) in subparagraph (D), by striking ‘‘im- (C) by inserting after paragraph (3) the fol- TUNITY.—No institution may be subject to plementing community plans’’ and inserting lowing: the terms of this subsection unless the insti- ‘‘supporting community-based programs to ‘‘(4) maintain and disseminate information tution has had the opportunity to appeal the strengthen and support families in order to on best practices to support children being institution’s default rate determination prevent child abuse and neglect’’; and cared for by relative caregivers, including

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.046 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4825 such children whose living arrangements (II) by inserting ‘‘, including information (i) by inserting ‘‘or underserved or over- with relative caregivers occurred without on primary prevention of child abuse and ne- represented groups in the child welfare sys- the involvement of a child welfare agency;’’; glect,’’ before ‘‘and to improve’’; tem’’ after ‘‘children with disabilities’’ ; and (D) in paragraph (5), as so redesignated, by (iii) by striking subparagraphs (C), (E), (I), (ii) by striking ‘‘substance abuse’’ and in- inserting ‘‘, including efforts to prevent child (J), and (N); serting ‘‘substance use disorder’’; abuse and neglect’’ before the semicolon; (iv) by redesignating subparagraphs (D), (B) by redesignating paragraphs (2) and (3) (E) in paragraph (7), as so redesignated— (F), (G), (H), (K), (L), and (M) as subpara- as paragraphs (3) and (4), respectively; (i) in subparagraph (A), by striking the graphs (F) through (L), respectively; (C) by inserting after paragraph (1) the fol- semicolon and inserting ‘‘, including among (v) by inserting after subparagraph (B) the lowing: at-risk populations, such as young parents, following: ‘‘(2) CONTENT.—The technical assistance parents with young children, and parents ‘‘(C) evidence-based and evidence-informed under paragraph (1) shall be designed to, as who are adult former victims of domestic vi- programs to prevent child abuse and neglect applicable— olence or child abuse or neglect; and’’; in families that have not had contact with ‘‘(A) promote best practices for addressing (ii) by striking subparagraph (B); the child welfare system; child abuse and neglect in families with com- (iii) by redesignating subparagraph (C) as ‘‘(D) best practices in recruiting, training, plex needs, such as families who have experi- subparagraph (B); and and retaining a child protection workforce enced domestic violence, substance use dis- (iv) in subparagraph (B), as so redesig- that addresses identified needs; orders, and adverse childhood experiences; nated, by striking ‘‘abuse’’ and inserting ‘‘(E) options for updating technology of ‘‘(B) provide training for child protection ‘‘use disorder’’; outdated devices and data systems to im- workers in trauma-informed practices and (F) in paragraph (8), as so redesignated— prove communication, including facilitating supports that prevent and mitigate the ef- (i) by redesignating subparagraphs (B) and timely information sharing, between sys- fects of trauma for infants, children, youth, (C) as subparagraphs (C) and (D), respec- tems that are designed to serve children and and adults; tively; families;’’; ‘‘(C) reduce geographic, racial, and cul- (ii) by inserting after subparagraph (A) the (vi) in subparagraph (G), as so redesig- tural disparities in child protection systems, following: nated, by striking ‘‘and the juvenile justice which may include engaging law enforce- ‘‘(B) best practices in child protection system that improve the delivery of services ment, education, and health systems, and workforce development and retention;’’; and and treatment, including methods’’ and in- other systems; (iii) in subparagraph (C), as so redesig- serting ‘‘, the juvenile justice system, and ‘‘(D) leverage community-based resources nated, by striking ‘‘mitigate psychological’’ other relevant agencies engaged with chil- to prevent child abuse and neglect, including and inserting ‘‘prevent and mitigate the ef- dren and families that improve the delivery resources regarding health (including mental fects of’’; and of services and treatment, including related health and substance use disorder), housing, (G) in subparagraph (B) of paragraph (9), as to domestic violence or mental health and parent support, financial assistance, early so redesignated, by striking ‘‘abuse’’ and in- substance use disorders,’’; childhood education and care, and education serting ‘‘use disorder’’; and (vii) in subparagraph (L), as so redesig- services, and other services to assist fami- (2) in subsection (c)— nated— lies; (A) in the heading, by inserting ‘‘; DATA (I) by inserting ‘‘underserved or overrepre- ‘‘(E) provide other technical assistance, as COLLECTION AND ANALYSIS’’ after ‘‘RE- sented groups in the child welfare system determined by the Secretary in consultation SOURCES’’; or’’ after ‘‘facing’’; and with such State and local public and private (B) in paragraph (1)(C)— (II) by striking ‘‘Indian tribes and Native agencies and community-based organizations (i) in clause (ii), by striking the semicolon Hawaiian’’ and inserting ‘‘such’’; as the Secretary determines appropriate; and and inserting ‘‘, including— (viii) by inserting after subparagraph (L), ‘‘(F) promote best practices for maxi- ‘‘(I) the number of child fatalities, and (as as so redesignated, the following: mizing coordination and communication be- applicable and practicable) near fatalities, ‘‘(M) methods to address geographic, ra- tween State and local child welfare agencies due to child abuse and neglect reported by cial, and cultural disparities in the child and relevant health care entities, consistent various sources, including information from welfare system, including a focus on access with all applicable Federal and State privacy the State child welfare agency and from the to services;’’; and laws.’’; State child death review program or any (ix) by redesignating subparagraph (O) as (D) in paragraph (3), as so redesignated— other source that compiles State data, in- subparagraph (N); and (i) in subparagraph (B), by striking ‘‘miti- cluding vital statistics death records, State (B) in paragraph (2), by striking ‘‘para- gate psychological’’ and inserting ‘‘prevent and local medical examiner and coroner of- graph (1)(O)’’ and inserting ‘‘paragraph (1)(N) and mitigate the effects of’’; and fice records, and uniform crime reports from and analyses based on data from previous (ii) in subparagraph (D), by striking ‘‘and local law enforcement; and years of surveys of national incidence under developmental services’’ and inserting ‘‘de- ‘‘(II) data, to the extent practicable, about this Act’’; velopmental services, and early interven- the circumstances under which a child fatal- (C) in paragraph (3)— tion’’; and ity, or (as applicable and practicable) near (i) by striking ‘‘of 2010’’ and inserting ‘‘of (E) in subparagraph (B) of paragraph (4), as fatality, occurred due to child abuse and ne- 2019’’; so redesignated— glect, including the cause of the death listed (ii) by striking ‘‘Education and the Work- (i) by striking ‘‘substance abuse’’ and in- on the death certificate in the case of a child force’’ and inserting ‘‘Education and Labor’’; serting ‘‘substance use disorder’’; and fatality, whether the child was referred to and (ii) by striking ‘‘and domestic violence the State child welfare agency, the child’s (iii) by striking ‘‘that contains the results services personnel’’ and inserting ‘‘domestic placement at the time (as applicable), the of the research conducted under paragraph violence services personnel, and personnel determination made by the child welfare (2).’’ and inserting ‘‘that— from relevant youth-serving and religious or- agency (as applicable), and any known pre- ‘‘(A) identifies the research priorities ganizations,’’; vious maltreatment of children by the perpe- under paragraph (4) and the process for de- (3) in subsection (c)(3), by inserting ‘‘, trator;’’; and termining such priorities; which may include applications related to (ii) in clause (iv), by striking ‘‘substance ‘‘(B) contains a summary of the research research on primary prevention of child abuse’’ and inserting ‘‘substance use dis- supported pursuant to paragraph (1); abuse and neglect’’ before the period; and order’’; and ‘‘(C) contains the results of the research (4) by striking subsection (e). (C) in subparagraph (F), by striking conducted under paragraph (2); and ‘‘abused and neglected children’’ and insert- SEC. 214. GRANTS TO STATES, INDIAN TRIBES OR ‘‘(D) describes how the Secretary will con- TRIBAL ORGANIZATIONS, AND PUB- ing ‘‘victims of child abuse or neglect’’. tinue to improve the accuracy of informa- LIC OR PRIVATE AGENCIES AND OR- tion on the national incidence on child abuse SEC. 213. RESEARCH AND ASSISTANCE ACTIVI- GANIZATIONS. TIES. and neglect specified in paragraph (2).’’; (D) in subparagraph (B) of the first para- Section 105 of the Child Abuse Prevention Section 104 of the Child Abuse Prevention graph (4) (relating to priorities)— and Treatment Act (42 U.S.C. 5106) is amend- and Treatment Act (42 U.S.C. 5105) is amend- (i) by striking ‘‘1 years’’ and inserting ‘‘1 ed to read as follows: ed— year’’; and ‘‘SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR (1) in subsection (a)— (ii) by inserting ‘‘, at least 30 days prior to TRIBAL ORGANIZATIONS, AND PUB- (A) in paragraph (1)— publishing the final priorities,’’ after ‘‘sub- LIC OR PRIVATE AGENCIES AND OR- (i) in the heading, by striking ‘‘TOPICS’’ paragraph (A)’’; and GANIZATIONS. and inserting ‘‘IN GENERAL’’; (E) by striking the second paragraph (4) ‘‘(a) AUTHORITY TO AWARD GRANTS OR (ii) in the matter preceding subparagraph (relating to a study on shaken baby syn- (A)— drome), as added by section 113(a)(5) of the ENTER INTO CONTRACTS.—The Secretary may (I) by striking ‘‘consultation with other CAPTA Reauthorization Act of 2010 (Public award grants, and enter into contracts, for Federal agencies and’’ and inserting ‘‘coordi- Law 111–320); programs and projects in accordance with nation with applicable Federal agencies and (2) in subsection (b)— this section, for any of the following pur- in consultation with’’; and (A) in paragraph (1)— poses:

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4826 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(1) Capacity building, in order to create child welfare services related to child abuse ‘‘(C) Projects that involve research-based coordinated, inclusive, and collaborative sys- and neglect; strategies for innovative training for man- tems that have statewide, local, or commu- ‘‘(B) enhancing systems coordination (in- dated child abuse and neglect reporters, nity-based impact in preventing, reducing, cluding information systems) and triage pro- which may include training that is specific and treating child abuse and neglect. cedures, including improving State child to the mandated individual’s profession or ‘‘(2) Innovation, through time-limited, abuse and neglect registries, for responding role when working with children. field-initiated demonstration projects that to reports of child abuse and neglect, which ‘‘(D) Projects to improve awareness of further the understanding of the field to re- include programs of collaborative partner- child welfare professionals and volunteers in duce child abuse and neglect. ships between the State child protective the child welfare system and the public ‘‘(3) Plans of safe care grants to improve services agency, community social service about— and coordinate State responses to ensure the agencies and community-based family sup- ‘‘(i) child abuse or neglect under State law; safety, permanency, and well-being of in- port programs, law enforcement agencies and ‘‘(ii) the responsibilities of individuals re- fants affected by substance use. legal systems, developmental disability quired to report suspected and known inci- ‘‘(b) CAPACITY BUILDING GRANT PROGRAM.— agencies, substance use disorder treatment dents of child abuse or neglect under State ‘‘(1) IN GENERAL.—The Secretary may agencies, health care entities, domestic vio- law, as applicable; and award grants or contracts to an eligible enti- lence prevention entities, mental health ‘‘(iii) the resources available to help pre- ty that is a State or local agency, Indian service entities, schools, places of worship, vent child abuse and neglect. Tribe or Tribal organization, a nonprofit en- and other community-based agencies, such ‘‘(E) Programs that promote safe, trauma- tity, or a consortium of such entities. as children’s advocacy centers, in accordance informed, and family-friendly physical envi- ‘‘(2) APPLICATIONS.—To be eligible to re- with all applicable Federal and State privacy ronments for visitation and exchange— ceive a grant or contract under this sub- laws, to allow for the establishment or im- ‘‘(i) for court-ordered, supervised visitation section, an entity shall submit an applica- provement of a coordinated triage system; or between children and abusing parents; and tion to the Secretary at such time, in such ‘‘(C) building coordinated community-level ‘‘(ii) to facilitate the safe exchange of chil- manner, and containing such information as systems of support for children, parents, and dren for visits with noncustodial parents in the Secretary may require. families through prevention services in order cases of domestic violence. ‘‘(3) USES OF FUNDS.—An eligible entity re- to strengthen families and connect families ‘‘(F) Innovative programs, activities, and ceiving a grant or contract under this sub- to the services and supports relevant to their services that are aligned with the research section shall use the grant funds to better diverse needs and interests, including needs priorities identified under section 104(a)(4). align and coordinate community-based, related to substance use disorder prevention. ‘‘(G) Projects to improve implementation local, or State activities to strengthen fami- ‘‘(D) improving State child abuse and ne- of best practices to assist medical profes- lies and prevent child abuse and neglect, glect registries, including related to updat- sionals in identifying, assessing, and re- by— ing such registry on a regular basis to im- sponding to potential abuse in infants, in- ‘‘(A) training professionals in prevention, prove the accuracy of such records, and fa- cluding regarding referrals to child protec- identification, and treatment of child abuse cilitating communication between States, as tive services as appropriate and identifying and neglect, which may include— appropriate, to allow for more accurate and injuries indicative of potential abuse in in- ‘‘(i) training of professional and para- efficient exchange of child abuse and neglect fants, and to assess the outcomes of such professional personnel in the fields of health records for purposes of child abuse and ne- best practices. care, medicine, law enforcement, judiciary, social work and child protection, education, glect investigations and consistent with ‘‘(H) Projects to establish or implement early childhood care and education, and State laws; or evidence-based or evidence-informed child other relevant fields, or individuals such as ‘‘(E) supporting the ongoing operation of a sexual abuse awareness and prevention pro- court appointed special advocates (CASAs) 24-hour, national, toll-free telephone hotline grams for parents, guardians, children (in- and guardians ad litem, who are engaged in, to improve capacity to provide crisis inter- cluding in schools), and teachers and other or intend to work in, the field of prevention, vention and information services, including professionals, including on recognizing and identification, and treatment of child abuse through implementation of other commu- safely reporting such abuse. and neglect, including training on the links nication technologies to improve access, for ‘‘(I) Projects to improve the quality of data between child abuse and neglect and domes- victims and other information seekers. that child welfare agencies and State child tic violence and approaches to working with ‘‘(c) FIELD-INITIATED INNOVATION GRANT death review programs collect on child fa- families with substance use disorder; PROGRAM.— talities, and (as applicable and practicable) ‘‘(ii) training on evidence-based and evi- ‘‘(1) IN GENERAL.—The Secretary may near fatalities, due to child abuse and ne- dence-informed programs to improve child award grants to entities that are States or glect, including through data system im- abuse and neglect reporting by adults, with a local agencies, Indian Tribes or Tribal orga- provements, cross-agency collaboration and focus on adults who work with children in a nizations, or public or private agencies or or- data sharing, and related program evalua- professional or volunteer capacity, which ganizations (or combinations of such enti- tion activities, in a manner that, at a min- may include those in a leadership role within ties) for field-initiated demonstration imum, protects personal privacy to the ex- such organizations, including on recognizing projects of up to 5 years that advance inno- tent required by applicable Federal and and responding to child sexual abuse; vative approaches to prevent, reduce, or State privacy laws. ‘‘(iii) training of personnel in best prac- treat child abuse and neglect. ‘‘(d) GRANTS TO STATES TO IMPROVE AND CO- tices to meet the unique needs and develop- ‘‘(2) APPLICATIONS.—To be eligible to re- ORDINATE THEIR RESPONSE TO ENSURE THE ment of special populations of children, in- ceive a grant under this subsection, an enti- SAFETY, PERMANENCY, AND WELL-BEING OF IN- cluding those with disabilities, and children ty shall submit an application to the Sec- FANTS AFFECTED BY SUBSTANCE USE.— under the age of 3, including training on pro- retary at such time, in such manner, and ‘‘(1) PROGRAM AUTHORIZED.—The Secretary moting interagency collaboration; containing such information as the Sec- is authorized to make grants to States for ‘‘(iv) improving the training of supervisory retary may require, including a rigorous the purpose of assisting child welfare agen- child welfare workers on best practices for methodological approach to the evaluation cies, social services agencies, substance use recruiting, selecting, and retaining per- of the grant. disorder treatment agencies, hospitals with sonnel; ‘‘(3) USE OF FUNDS.—An entity that re- labor and delivery units, medical staff, pub- ‘‘(v) enabling State child welfare and child ceives a grant under this subsection shall use lic health and mental health agencies, and protection agencies to coordinate the provi- the funds made available through the grant maternal and child health agencies to facili- sion of services with State and local health to carry out or bring to scale promising, evi- tate collaboration in developing, updating, care agencies, substance use disorder preven- dence-informed, or evidence-based activities implementing, and monitoring plans of safe tion and treatment agencies, mental health to prevent, treat, or reduce child abuse and care described in section 106(b)(2)(B)(iii). agencies, other public and private welfare neglect that shall include one or more of the Section 112(a)(2) shall not apply to the pro- agencies, and agencies that provide early following: gram authorized under this paragraph. intervention services to promote child safe- ‘‘(A) Multidisciplinary systems of care to ‘‘(2) DISTRIBUTION OF FUNDS.— ty, permanence, and family stability, which strengthen families and prevent child abuse ‘‘(A) RESERVATIONS.—Of the amounts made may include training on improving coordina- and neglect, and primary prevention pro- available to carry out paragraph (1), the Sec- tion between agencies to meet health evalua- grams or strategies aimed at reducing the retary shall reserve— tion and treatment needs of children who prevalence of child abuse and neglect. ‘‘(i) no more than 3 percent for the pur- have been victims of substantiated cases of ‘‘(B) Projects for the development of new poses described in paragraph (7); and child abuse or neglect; research-based strategies for risk and safety ‘‘(ii) up to 3 percent for grants to Indian ‘‘(vi) training of personnel in best practices assessments and ongoing evaluation and re- Tribes and Tribal organizations to address relating to the provision of differential re- assessment of performance and accuracy of the needs of infants born with, and identified sponse; or existing risk and safety assessment tools, in- as being affected by, substance abuse or ‘‘(vii) training for child welfare profes- cluding to improve practices utilized by withdrawal symptoms resulting from pre- sionals to reduce and prevent discrimination child protective services agencies, which natal drug exposure or a fetal alcohol spec- (including training related to implicit bi- may include activities to reduce and prevent trum disorder and their families or care- ases) in the provision of child protection and bias in such practices. givers, which, to the extent practicable,

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4827 shall be consistent with the uses of funds de- ‘‘(v) if applicable, how the State plans to supports that may be provided under a plan scribed under paragraph (4). utilize funding authorized under part E of of safe care. ‘‘(B) ALLOTMENTS TO STATES AND TERRI- title IV of the Social Security Act (42 U.S.C. ‘‘(C) Training health professionals and TORIES.—The Secretary shall allot the 670 et seq.) to assist in carrying out any plan health system leaders, child welfare workers, amount made available to carry out para- of safe care, including such funding author- substance use disorder treatment agencies, graph (1) that remains after application of ized under section 471(e) of such Act (as in ef- and other related professionals such as home subparagraph (A) to each State that applies fect on October 1, 2018) for mental health and visiting agency staff and law enforcement in for such a grant, in an amount equal to the substance abuse prevention and treatment relevant topics including— sum of— services and in-home parent skill-based pro- ‘‘(i) State mandatory reporting laws estab- ‘‘(i) $500,000; and grams and funding authorized under such lished under section 106(b)(2)(B)(i) and the re- ‘‘(ii) an amount that bears the same rela- section 472(j) (as in effect on October 1, 2018) ferral and process requirements for notifica- tionship to any funds made available to for children with a parent in a licensed resi- tion to child protective services when child carry out paragraph (1) and remaining after dential family-based treatment facility for abuse or neglect reporting is not mandated; application of subparagraph (A), as the num- substance abuse; and ‘‘(ii) the co-occurrence of pregnancy and ber of live births in the State in the previous ‘‘(vi) an assessment of the treatment and substance use disorder, and implications of calendar year bears to the number of live other services and programs available in the prenatal exposure; births in all States in such year. State to effectively carry out any plan of ‘‘(iii) the clinical guidance about treating safe care developed, including identification ‘‘(C) RATABLE REDUCTION.—If the amount substance use disorder in pregnant and of needed treatment, and other services and made available to carry out paragraph (1) is postpartum women; programs to ensure the well-being of young insufficient to satisfy the requirements of ‘‘(iv) appropriate screening and interven- children and their families affected by sub- subparagraph (B), the Secretary shall rat- tions for infants affected by substance use stance use disorder, such as programs carried ably reduce each allotment to a State. disorder, withdrawal symptoms, or a fetal al- out under part C of the Individuals with Dis- ‘‘(3) APPLICATION.—A State desiring a cohol spectrum disorder and the require- abilities Education Act (20 U.S.C. 1431 et grant under this subsection shall submit an ments under section 106(b)(2)(B)(iii); and seq.) and comprehensive early childhood de- application to the Secretary at such time ‘‘(v) appropriate multigenerational strate- velopment services and programs such as and in such manner as the Secretary may re- Head Start programs; gies to address the mental health needs of quire. Such application shall include— ‘‘(B) a description of how the State plans the parent and child together. ‘‘(A) a description of— to use funds for activities described in para- ‘‘(D) Establishing partnerships, agree- ‘‘(i) the impact of substance use disorder in graph (4) for the purposes of ensuring State ments, or memoranda of understanding be- such State, including with respect to the compliance with requirements under clauses tween the lead agency and other entities (in- substance or class of substances with the (ii) and (iii) of section 106(b)(2)(B); and cluding health professionals, health facili- highest incidence of abuse in the previous ‘‘(C) an assurance that the State will com- ties, child welfare professionals, juvenile and year in such State, including— ply with requirements to refer a child identi- family court judges, substance use and men- ‘‘(I) the prevalence of substance use dis- fied as substance-exposed to early interven- tal disorder treatment programs, early child- order in such State; tion services as required pursuant to a grant hood education programs, maternal and ‘‘(II) the aggregate rate of births in the under part C of the Individuals with Disabil- child health and early intervention profes- State of infants affected by substance abuse ities Education Act (20 U.S.C. 1431 et seq.). sionals (including home visiting providers), or withdrawal symptoms or a fetal alcohol ‘‘(4) USES OF FUNDS.—Funds awarded to a peer-to-peer recovery programs such as par- spectrum disorder (as determined by hos- State under this subsection may be used for ent mentoring programs, and housing agen- pitals, insurance claims, claims submitted to the following activities, which may be car- cies) to facilitate the implementation of, and the State Medicaid program, or other ried out by the State directly, or through compliance with, section 106(b)(2) and sub- records), if available and to the extent prac- grants or subgrants, contracts, or coopera- paragraph (B) of this paragraph, in areas ticable; and tive agreements: which may include— ‘‘(III) the number of infants identified, for ‘‘(A) Improving State and local systems ‘‘(i) developing a comprehensive, multi-dis- whom a plan of safe care was developed, and with respect to the development and imple- ciplinary assessment and intervention proc- for whom a referral was made for appropriate mentation of plans of safe care, which— ess for infants, pregnant women, and their services, as reported under section 106(d)(18); ‘‘(i) shall include parent and caregiver en- families who are affected by substance use ‘‘(ii) the challenges the State faces in de- gagement, as required under section disorder, withdrawal symptoms, or a fetal al- veloping, implementing, and monitoring 106(b)(2)(B)(iii)(I), regarding available treat- cohol spectrum disorder, that includes mean- plans of safe care in accordance with section ment and service options, which may include ingful engagement with and takes into ac- 106(b)(2)(B)(iii); resources available for pregnant, perinatal, count the unique needs of each family and ‘‘(iii) the State’s lead agency for the grant and postnatal women; and addresses differences between medically su- program and how that agency will coordi- ‘‘(ii) may include activities such as— pervised substance use, including for the nate with relevant State entities and pro- ‘‘(I) developing policies, procedures, or pro- treatment of substance use disorder, and grams, including the child welfare agency, tocols for the administration or development substance use disorder; the State substance abuse agency, hospitals of evidence-based and validated screening ‘‘(ii) ensuring that treatment approaches with labor and delivery units, health care tools for infants who may be affected by sub- for serving infants, pregnant women, and providers, the public health and mental stance use withdrawal symptoms or a fetal perinatal and postnatal women whose in- health agencies, programs funded by the alcohol spectrum disorder and pregnant, fants may be affected by substance use, with- Substance Abuse and Mental Health Services perinatal, and postnatal women whose in- drawal symptoms, or a fetal alcohol spec- Administration that provide substance use fants may be affected by substance use with- trum disorder, are designed to, where appro- disorder treatment for women, the State drawal symptoms or a fetal alcohol spectrum priate, keep infants with their mothers dur- Medicaid program, the State agency admin- disorder; ing both inpatient and outpatient treatment; istering the block grant program under title ‘‘(II) improving assessments used to deter- and V of the Social Security Act (42 U.S.C. 701 et mine the needs of the infant and family; ‘‘(iii) increasing access to all evidence- seq.), the State agency administering the ‘‘(III) improving ongoing case management based medication-assisted treatment ap- programs funded under part C of the Individ- services; proved by the Food and Drug Administra- uals with Disabilities Education Act (20 ‘‘(IV) improving access to treatment serv- tion, behavioral therapy, and counseling U.S.C. 1431 et seq.), the maternal, infant, and ices, which may be prior to the pregnant services for the treatment of substance use early childhood home visiting program under woman’s delivery date; and disorders, as appropriate. section 511 of the Social Security Act (42 ‘‘(V) keeping families safely together when ‘‘(E) Developing and updating systems of U.S.C. 711), the State judicial system, and it is in the best interest of the child. technology for improved data collection and other agencies, as determined by the Sec- ‘‘(B) Developing policies, procedures, or monitoring under section 106(b)(2)(B)(iii), in- retary, and Indian Tribes and Tribal organi- protocols in consultation and coordination cluding existing electronic medical records, zations, as appropriate, to develop the appli- with health professionals, public and private to measure the outcomes achieved through cation under this paragraph, implement the health facilities, and substance use disorder the plans of safe care, including monitoring activities under paragraph (4), and develop treatment agencies to ensure that— systems to meet the requirements of this reports under paragraph (5); ‘‘(i) appropriate notification to child pro- Act and submission of performance meas- ‘‘(iv) how the State will monitor local de- tective services is made in a timely manner, ures. velopment and implementation of plans of as required under section 106(b)(2)(B)(ii); ‘‘(5) REPORTING.—Each State that receives safe care, in accordance with section ‘‘(ii) a plan of safe care is in place, in ac- funds under this subsection, for each year 106(b)(2)(B)(iii)(II), including how the State cordance with section 106(b)(2)(B)(iii), before such funds are received, shall submit a re- will monitor to ensure plans of safe care ad- the infant is discharged from the birth or port to the Secretary, disaggregated by geo- dress differences between substance use dis- health care facility; and graphic location, economic status, and major order and medically supervised substance ‘‘(iii) such health professionals and related racial and ethnic groups, except that such use, including for the treatment of a sub- agency professionals are trained on how to disaggregation shall not be required if the stance use disorder; follow such protocols and are aware of the results would reveal personally identifiable

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4828 CONGRESSIONAL RECORD — SENATE August 4, 2020 information on, with respect to infants iden- ‘‘(A) establishes quantifiable goals for the (E) by striking paragraphs (4), (5), and (6) tified under section 106(b)(2)(B)(ii)— outcome of the project funded with the and inserting the following: ‘‘(A) the number who experienced removal grant; and ‘‘(4)(A) Developing or enhancing data sys- associated with parental substance use; ‘‘(B) adequately measures the performance tems to improve case management coordina- ‘‘(B) the number who experienced removal of the project relative to such goals. tion and communication between relevant and subsequently are reunified with parents, ‘‘(3) REPORT.—Each entity that receives a agencies; and the length of time between such removal grant under this section shall submit to the ‘‘(B) enhancing the general child protec- and reunification; Secretary a performance report at such time, tive system by developing, improving, and ‘‘(C) the number who are referred to com- in such manner, and containing such infor- implementing risk and safety assessment munity providers without a child protection mation as the Secretary may require, includ- tools and protocols, such as tools and proto- case; ing an evaluation of the effectiveness of the cols that allow for the identification of cases ‘‘(D) the number who receive services while project funded with the grant relative to the requiring rapid responses, systems of data in the care of their birth parents; goals established for such project under sharing with law enforcement, including the ‘‘(E) the number who receive post-reunifi- paragraph (2) and data supporting such eval- use of differential response, and activities to cation services within 1 year after a reunifi- uation. reduce and prevent bias; cation has occurred; and ‘‘(4) FUNDING.—Funding for the evaluations ‘‘(C) developing and updating systems of ‘‘(F) the number who experienced a return conducted under this subsection shall be pro- technology that support the program and to out-of-home care within 1 year after re- vided either as a stated percentage of a dem- track reports of child abuse and neglect from intake through final disposition and allow unification. onstration grant or as a separate grant or for interstate and intrastate information ex- ‘‘(6) SECRETARY’S REPORT TO CONGRESS.— contract entered into by the Secretary for change; and The Secretary shall submit an annual report the purpose of evaluating a particular dem- ‘‘(D) real-time case monitoring for case- to the Committee on Health, Education, onstration project or group of projects. In workers at the local agency level, and State Labor, and Pensions and the Committee on the case of an evaluation performed by the recipient of a grant, the Secretary shall agency level, to track assessments, service Appropriations of the Senate and the Com- referrals, follow-up, case reviews, and mittee on Education and Labor and the Com- make available technical assistance for the evaluation, where needed, including the use progress toward case plan goals. mittee on Appropriations of the House of ‘‘(5) Developing, strengthening, and facili- Representatives that includes the informa- of a rigorous application of scientific evaluation techniques. tating training for professionals and volun- tion described in paragraph (5) and rec- teers engaged in the prevention, interven- ‘‘(f) CONTINUING GRANTS.—The Secretary ommendations or observations on the chal- tion, and treatment of child abuse and ne- may award a continuing grant to an entity lenges, successes, and lessons derived from glect including training on— under this section only if the performance implementation of the grant program. ‘‘(A) the legal duties of such individuals; review submitted under paragraph (3) by ‘‘(7) ASSISTING STATES’ IMPLEMENTATION.— ‘‘(B) personal safety training for case such entity with respect to the previous year The Secretary shall use the amount reserved workers; demonstrates effectiveness of the project under paragraph (2)(A)(i) to provide written ‘‘(C) early childhood, child, and adolescent funded.’’. guidance and technical assistance to support development and the impact of child abuse States in complying with and implementing SEC. 215. GRANTS TO STATES FOR CHILD ABUSE and neglect, including long-term impacts of this subsection, which shall include— OR NEGLECT PREVENTION AND adverse childhood experiences; ‘‘(A) technical assistance, including pro- TREATMENT PROGRAMS. ‘‘(D) improving coordination among child grams of in-depth technical assistance, to Section 106 of the Child Abuse Prevention protective service agencies and health care additional States, territories, and Indian and Treatment Act (42 U.S.C. 5106a) is agencies, entities providing health care (in- Tribes and Tribal organizations in accord- amended— cluding mental health and substance use dis- ance with the substance-exposed infant ini- (1) in subsection (a)— order services), and community resources, tiative developed by the National Center on (A) in the matter preceding paragraph (1)— for purposes of conducting evaluations re- Substance Abuse and Child Welfare; (i) by striking ‘‘subsection (f)’’ and insert- lated to substantiated cases of child abuse or ‘‘(B) guidance on the requirements of this ing ‘‘subsection (g)’’; and neglect; Act with respect to infants born with, and (ii) by striking ‘‘State in—’’ and inserting ‘‘(E) improving screening, forensic diag- identified as being affected by, substance use ‘‘State with respect to one or more of the nosis, and health and developmental evalua- or withdrawal symptoms or fetal alcohol following activities:’’; tions, which may include best practices for spectrum disorder, as described in clauses (B) by amending paragraph (1) to read as periodic reevaluations, as appropriate; (ii) and (iii) of section 106(b)(2)(B), including follows: ‘‘(F) addressing the unique needs of chil- by— ‘‘(1) Maintaining and improving the intake, dren with disabilities, including promoting ‘‘(i) enhancing States’ understanding of re- assessment, screening, and investigation of interagency collaboration to address such quirements and flexibilities under this Act, reports of child abuse or neglect, including needs; including by clarifying key terms; support for timely responses to all such re- ‘‘(G) the placement of children with rel- ‘‘(ii) addressing State-identified challenges ports, with special attention to the provision ative caregivers, and the unique needs and with developing, implementing, and moni- of rapid responses to such reports involving strategies as related to children in such children under the age of 3, and especially toring plans of safe care, including those re- placements; children under the age of 1.’’; ported under paragraph (3)(A)(ii); ‘‘(H) responsive, family-oriented ap- (C) in paragraph (2)— proaches to prevention, identification, inter- ‘‘(iii) disseminating best practices on im- (i) in subparagraph (A)— vention, and treatment of child abuse and plementation of plans of safe care, on such (I) by striking ‘‘creating and’’ and insert- neglect; topics as differential response, collaboration ing ‘‘Creating and’’; and ‘‘(I) ensuring child safety; and coordination, and identification and de- (II) by inserting ‘‘, which may include such ‘‘(J) the links between child abuse and ne- livery of services for different populations, teams used by children’s advocacy centers,’’ glect and domestic violence, and approaches while recognizing needs of different popu- after ‘‘multidisciplinary teams’’; to working with families with mental health lations and varying community approaches (ii) in subparagraph (B)(ii), by striking the needs or substance use disorder; or across States; and semicolon and inserting a period; ‘‘(K) coordinating with other services and ‘‘(iv) helping States improve the long-term (D) by amending paragraph (3) to read as agencies, as applicable, to address family safety and well-being of young children and follows: and child needs, including trauma.’’; their families; ‘‘(3) Implementing and improving case (F) by redesignating paragraphs (7) and (8) ‘‘(C) supporting State efforts to develop in- management approaches, including ongoing as paragraphs (6) and (7), respectively; formation technology systems to manage case monitoring, and delivery of services and (G) in paragraph (6), as so redesignated— plans of safe care; and treatment provided to children and their (i) by striking ‘‘improving’’ and inserting ‘‘(D) preparing the Secretary’s report to families to ensure safety and respond to fam- ‘‘Improving’’; Congress described in paragraph (6). ily needs, that include— (ii) by striking ‘‘the skills, qualifications, ‘‘(8) SUNSET.—The authority under this ‘‘(A) multidisciplinary approaches to as- and availability of individuals providing subsection shall sunset on September 30, sessing family needs and connecting them services to children and families, and the su- 2023. with services; pervisors of such individuals, through the ‘‘(e) EVALUATION.— ‘‘(B) organizing treatment teams of com- child protection system, including improve- ‘‘(1) IN GENERAL.—In making grants or en- munity service providers that prevent and ments in’’; and tering into contracts for projects under this treat child abuse and neglect, and improve (iii) by striking the semicolon and insert- section, the Secretary shall require all such child well-being; ing ‘‘, which may include efforts to address projects to report on the outcomes of such ‘‘(C) case-monitoring that can ensure the effects of indirect trauma exposure for activities. progress in child well-being; and child welfare workers.’’; ‘‘(2) GOALS AND PERFORMANCE.—The Sec- ‘‘(D) the use of differential response, in- (H) in paragraph (7), as so redesignated— retary shall ensure that each entity receiv- cluding during intake and screening, as ap- (i) by striking ‘‘developing,’’ and inserting ing a grant under this section— propriate.’’; ‘‘Developing,’’; and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4829 (ii) by striking the semicolon and inserting (ii) in subparagraph (A), by inserting ‘‘and well-being of the child, or when the release ‘‘, which may include improving public takes into account prevention services of such information would jeopardize a awareness and understanding relating to the across State agencies in order to improve co- criminal investigation;’’; and role and responsibilities of the child protec- ordination of efforts to prevent and reduce (v) by striking the flush text that follows tion system and the nature and basis for re- child abuse and neglect’’ before the semi- subparagraph (G); and porting suspected incidents of child abuse colon; (C) in paragraph (3)— and neglect.’’; and (iii) in subparagraph (B)— (i) in the heading, by striking ‘‘LIMITA- (I) by striking paragraphs (9) through (14) (I) by amending clause (i) to read as fol- TION’’ and inserting ‘‘LIMITATIONS’’; and inserting the following: lows: (ii) by striking ‘‘With regard to clauses (vi) ‘‘(8) Collaborating with other agencies in ‘‘(i) provisions or procedures for individ- and (vii) of paragraph (2)(B)’’ and inserting the community, county, or State and coordi- uals to report known and suspected in- the following: nating services to promote a system of care stances of child abuse and neglect directly to ‘‘(B) CERTAIN IDENTIFYING INFORMATION.— focused on both prevention and treatment, a State child protection agency or to a law With regard to clauses (vi) and (vii) of para- such as by— enforcement agency, as applicable under graph (2)(B)’’; ‘‘(A) developing and enhancing the capac- State law, including a State law for manda- (iii) by inserting before subparagraph (B), ity of community-based programs to inte- tory reporting by individuals required to re- as added by clause (ii), the following: grate shared leadership strategies between port such instances, including, as defined by ‘‘(A) IN GENERAL.—Nothing in paragraph parents and professionals to prevent and the State— (2)(B) shall be construed to limit a State’s ‘‘(I) health professionals; authority to determine State policies relat- treat child abuse and neglect at the commu- ‘‘(II) school and child care personnel; ing to public access to court proceedings to nity level; or ‘‘(III) law enforcement officials; and determine child abuse and neglect, except ‘‘(B) supporting and enhancing interagency ‘‘(IV) other individuals, as the applicable that such policies shall, at a minimum, en- collaboration between the child protection State law or statewide program may re- sure the safety and well-being of the child, system, public health agencies, education quire;’’; parents, and families.’’; and systems, domestic violence systems, law en- (II) by moving the margins of subclauses (iv) by adding at the end the following: forcement, and the juvenile justice system (I) and (II) of clause (iii) 2 ems to the right; ‘‘(C) MANDATED REPORTERS IN CERTAIN for improved delivery of services and treat- (III) in clause (iv), by inserting ‘‘of alleged STATES.—With respect to a State in which ment, such as models of co-locating service abuse or neglect in order to ensure the well- State law requires all of the individuals to providers, which may include— being and safety of children’’ before the report known or suspected instances of child ‘‘(i) methods for continuity of treatment semicolon; abuse and neglect directly to a State child plans and services as children transition be- (IV) in clause (v), by inserting ‘‘, which protection agency or to a law enforcement tween systems; may include social services and housing as- agency, the requirement under paragraph ‘‘(ii) addressing the health needs, including sistance’’ before the semicolon; (2)(B)(i) shall not be construed to require the mental health needs, of children identified as (V) in clause (vi), by inserting ‘‘, which State to define the classes of individuals de- victims of child abuse or neglect, including may include placements with relative care- scribed in subclauses (I) through (IV) of such supporting prompt, comprehensive health givers’’ before the semicolon; paragraph.’’; and developmental evaluations for children (VI) by striking clauses (x) and (xx); (3) in subsection (c)— who are the subject of substantiated child (VII) by redesignating clauses (xi) through (A) in paragraph (1)— maltreatment reports; or (xix) as clauses (x) through (xviii), respec- (i) in subparagraph (A)— ‘‘(iii) the provision of services that assist tively; (I) by striking ‘‘Except as provided in sub- children exposed to domestic violence, and (VIII) in clause (xii), as so redesignated, by paragraph (B), each’’ and inserting ‘‘Each’’; that also support the caregiving role of their striking ‘‘appointed to represent the child in and nonabusing parents.’’; such proceedings’’ and inserting ‘‘appointed (II) by striking ‘‘not less than 3 citizen re- (2) in subsection (b)— to represent the child (who, for purposes of view panels’’ and inserting ‘‘at least 1 citizen (A) in paragraph (1)— this clause, shall include any child up to the review panel’’; and (i) in subparagraph (A), by striking ‘‘areas age limit elected by the State pursuant to (ii) by amending subparagraph (B) to read of the child protective services system’’ and section 475(8)(B)(iii) of the Social Security as follows: inserting ‘‘ways in which the amounts re- Act (42 U.S.C. 675(8)(B)(iii)) in such pro- ‘‘(B) EXCEPTION.—A State may designate a ceived under the grant will be used to im- ceedings’’; panel for purposes of this subsection, com- prove and strengthen the child protective (IX) in clause (xvi), as so redesignated, by prised of one or more existing entities estab- services system through the activities’’; and striking ‘‘clause (xvi)’’ and inserting ‘‘clause lished under State or Federal law, such as (ii) by amending subparagraphs (B) and (C) (xv)’’; and child fatality panels, or foster care review to read as follows: (X) by redesignating clauses (xxi) through panels, or State task forces established ‘‘(B) DURATION OF PLAN.—Each State plan (xxv) as clauses (xix) through (xxiii), respec- under section 107, if such entities have the shall— tively; capacity to satisfy the requirements of para- ‘‘(i) be submitted not less frequently than (iv) in subparagraph (D)— graph (3) and the State ensures that such en- every 5 years, in coordination with the State (I) in clause (i), by inserting ‘‘, and how tities will satisfy such requirements.’’; plan submitted under part B of title IV of such services will be strategically coordi- (B) by striking paragraph (3); the Social Security Act; and nated with relevant agencies to provide a (C) by redesignating paragraphs (4) ‘‘(ii) be periodically reviewed and revised continuum of prevention services and be’’ through (6) as paragraphs (3) through (5), re- by the State, as necessary to reflect any sub- after ‘‘referrals’’; spectively; stantive changes to State law or regulations (II) in clause (ii), by inserting ‘‘and reten- (D) in paragraph (4), as so redesignated— related to the prevention of child abuse and tion activities’’ after ‘‘training’’; (i) by redesignating subparagraphs (A) and neglect that may affect the eligibility of the (III) in clause (iii), by inserting ‘‘, includ- (B) as subparagraphs (B) and (C), respec- State under this section, or if there are sig- ing for purposes of making such individuals tively; nificant changes from the State application aware of these requirements’’ before the (ii) in subparagraph (B), as so redesignated, in the State’s funding of strategies and pro- semicolon; by striking ‘‘paragraph (4)’’ and inserting grams supported under this section. (IV) in clause (v)— ‘‘paragraph (3)’’; and ‘‘(C) PUBLIC COMMENT.—Each State shall (aa) by inserting ‘‘the State’s efforts to im- (iii) by inserting before subparagraph (B), consult widely with public and private orga- prove’’ before ‘‘policies’’; as so redesignated, the following: nizations in developing the plan, make the (bb) by striking ‘‘substance abuse treat- ‘‘(A) shall develop a memorandum of un- plan public by electronic means in an easily ment agencies, and other agencies’’ and in- derstanding with each panel, clearly out- accessible format, and provide all interested serting ‘‘substance abuse treatment agen- lining the panel’s roles and responsibilities, members of the public at least 30 days to cies, other agencies, and kinship naviga- and identifying any support from the submit comments on the plan.’’; tors’’; and State;’’; and (B) in paragraph (2)— (cc) by striking ‘‘; and’’ and inserting a (E) in paragraph (5), as so redesignated— (i) in the matter preceding subparagraph semicolon; (i) by inserting ‘‘which may be carried out (A)— (V) in clause (vi), by striking the semi- collectively by a combination of such pan- (I) by inserting ‘‘be developed, as appro- colon and inserting ‘‘, to improve outcomes els,’’ before ‘‘on an annual basis’’; priate, in collaboration with the lead entity for children and families; and’’; and (ii) by striking ‘‘whether or’’; and designated by the State under section 202(1), (VI) by adding at the end the following: (iii) by inserting ‘‘, which may include pro- local programs supported by the lead entity, ‘‘(vii) the State’s procedures requiring viding examples of efforts to implement cit- and families affected by child abuse and ne- timely public disclosure of the findings or in- izen review panel recommendations’’ before glect, and’’ after ‘‘shall’’; and formation about the case of child abuse or the period at the end of the second sentence; (II) by striking ‘‘achieve the objectives of neglect that has resulted in a child fatality (4) in subsection (d)— this title’’ and inserting ‘‘strengthen fami- or near fatality, which shall provide for ex- (A) in paragraph (1), by inserting ‘‘, lies and reduce incidents of and prevent child ceptions to the release of such findings or in- disaggregated, where available, by demo- abuse and neglect’’; formation in order to ensure the safety and graphic characteristics such as age, sex, race

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4830 CONGRESSIONAL RECORD — SENATE August 4, 2020 and ethnicity, disability, caregiver risk fac- that contribute to improvements of the over- section 106 in achieving the’’ and inserting tors, caregiver relationship, living arrange- all well-being of children and families; and ‘‘on activities of technical assistance for pro- ment, and relation of victim to their perpe- ‘‘(B) capacity-building efforts to support grams that support State efforts to meet the trator’’ before the period; identification of, and improvement of re- needs and’’; (B) in paragraph (5), by striking ‘‘neglect.’’ sponses to, child maltreatment; and (3) by striking subsections (c) and (d) and and inserting ‘‘neglect, including— ‘‘(2) how the State collaborated with com- inserting the following: ‘‘(A) the number of child fatalities, and (as munity-based prevention organizations to re- ‘‘(c) REPORT ON STATE MANDATORY REPORT- applicable and practicable) near fatalities, duce barriers to, and improve the effective- ING LAWS.—Not later than 4 years after the due to child abuse and neglect from separate ness of, programs related to child abuse and date of enactment of the CAPTA Reauthor- reporting sources within the State, including neglect.’’. ization Act of 2020, the Secretary shall sub- information from the State child welfare SEC. 216. GRANTS TO STATES FOR PROGRAMS RE- mit to the Committee on Health, Education, agency and from the State child death re- LATING TO THE INVESTIGATION Labor, and Pensions of the Senate and the view program that— AND PROSECUTION OF CHILD Committee on Education and Labor of the ‘‘(i) is compiled by the State child welfare ABUSE AND NEGLECT CASES. House of Representatives a report that con- agency for submission; and Section 107 of the Child Abuse Prevention tains— ‘‘(ii) considers State data, including vital and Treatment Act (42 U.S.C. 5106c) is ‘‘(1) information on— statistics death records, State and local amended— ‘‘(A) training supported by this Act, and medical examiner and coroner office records, (1) in subsection (a)— through other relevant Federal programs, for and uniform crime reports from local law en- (A) by striking ‘‘the assessment and inves- mandatory reporters of child abuse or ne- forcement; and tigation’’ each place it appears and inserting glect; ‘‘(B) information, and the sources used to ‘‘the assessment, investigation, and prosecu- ‘‘(B) State efforts to improve reporting on, provide such information, about the cir- tion’’; and responding to reports of, child abuse or cumstances under which a child fatality, or (B) in paragraph (1)— neglect; and (as applicable and practicable) near fatality, (i) by striking ‘‘and exploitation,’’ and in- ‘‘(C) barriers, if any, affecting mandatory occurred due to child abuse and neglect, inserting ‘‘, exploitation, and child sex-traf- reporting; and cluding the cause of the death listed on the ficking,’’; and ‘‘(2) data regarding any changes in the rate death certificate in the case of a child fatal- (ii) by inserting ‘‘, including through a of substantiated child abuse and neglect re- ity, whether the child was referred to the child abuse investigative multidisciplinary ports, and changes in the rate of child fatali- State child welfare agency, the child’s place- review team’’ before the semicolon; ties, and near fatalities, from child abuse ment at the time (as applicable), the deter- (C) in paragraph (2), by adding ‘‘and’’ after and neglect, since the date of enactment of mination made by the child welfare agency the semicolon; the CAPTA Reauthorization Act of 2020. (as applicable), and any known previous mal- (D) by striking paragraph (3); ‘‘(d) REPORT RELATING TO INJURIES INDI- treatment of children by the perpetrator.’’; (E) by redesignating paragraph (4) as para- CATING THE PRESENCE OF CHILD ABUSE.—Not (C) in paragraph (13)— graph (3); and later than 2 years after the date of enact- (i) by inserting ‘‘and recommendations’’ (F) in paragraph (3), as so redesignated, by ment of the CAPTA Reauthorization Act of after ‘‘the activities’’; and inserting ‘‘, or other vulnerable popu- 2020, the Secretary shall submit to the Com- (ii) by striking ‘‘subsection (c)(6)’’ and in- lations,’’ after ‘‘health-related problems’’; mittee on Health, Education, Labor, and serting ‘‘subsection (c)(5)’’; (2) in subsection (c)(1)— Pensions of the Senate and the Committee (D) in paragraph (16), by striking ‘‘sub- (A) in subparagraph (I), by striking ‘‘and’’ on Education and Labor of the House of Rep- section (b)(2)(B)(xxi)’’ and inserting ‘‘sub- at the end; resentatives a report that contains— section (b)(2)(B)(xix)’’; and (B) in subparagraph (J), by striking the pe- ‘‘(1) information on best practices devel- (E) in paragraph (17), by striking ‘‘sub- riod and inserting ‘‘; and’’; and oped by medical institutions and other mul- section (b)(2)(B)(xxiv)’’ and inserting ‘‘sub- (C) by adding at the end the following: tidisciplinary partners to identify and appro- section (b)(2)(B)(xxii)’’; ‘‘(K) individuals experienced in working priately respond to injuries indicating the (5) by redesignating subsections (e) and (f) with underserved or overrepresented groups presence of potential physical abuse in chil- as subsections (f) and (g), respectively; in the child welfare system.’’; and dren, particularly among infants, including— (6) by inserting after subsection (d) the fol- (3) in subsection (d)(1), by striking ‘‘and ex- ‘‘(A) the identification and assessment of lowing: ploitation’’ and inserting ‘‘, exploitation, such injuries by health care professionals ‘‘(e) ASSISTING STATES IN IMPLEMENTA- and child sex-trafficking’’; and appropriate child protective services re- TION.—The Secretary shall provide technical (4) in subsection (e)(1)— ferral and notification processes; and assistance to support States in reporting the (A) in subparagraph (A), by striking ‘‘and ‘‘(B) an identification of effective programs information required under subsection exploitation’’ and inserting ‘‘, exploitation, replicating best practices, and barriers or (d)(5).’’; and child sex-trafficking’’; challenges to implementing programs; and (7) in subsection (f), as so redesignated, by (B) in subparagraph (B), by striking ‘‘; ‘‘(2) data on any outcomes associated with striking ‘‘the Congress’’ and inserting ‘‘the and’’ at the end and inserting a semicolon; the practices described in paragraph (1), in- Committee on Health, Education, Labor, and (C) in subparagraph (C)— cluding subsequent revictimization and child Pensions of the Senate and the Committee (i) by striking ‘‘and exploitation’’ and in- fatalities. ‘‘(e) REPORT RELATING TO CHILD ABUSE AND on Education and Labor of the House of Rep- serting ‘‘, exploitation, and child sex-traf- NEGLECT IN INDIAN TRIBAL COMMUNITIES.— resentatives’’; ficking’’; and Not later than 3 years after the date of en- (8) in subsection (g), as so redesignated, by (ii) by striking the period and inserting ‘‘; actment of the CAPTA Reauthorization Act adding at the end the following: and’’; and of 2020, the Comptroller General of the ‘‘(6) LIMITATION.—For any fiscal year for (D) by adding at the end the following: United States, taking into consideration the which the amount allotted to a State or ter- ‘‘(D) improving coordination among agen- perspectives of Indian Tribes from each of ritory under this subsection exceeds the cies regarding reports of child abuse and ne- the 12 Bureau of Indian Affairs Regions, as amount allotted to the State or territory glect to ensure both law enforcement and under such subsection for fiscal year 2019, identified for the report under this sub- child protective services agencies have ready section, shall submit a report to the Com- the State or territory may not use more access to full information regarding past re- than 2 percent of such excess amount for ad- mittee on Health, Education, Labor, and ports, which may be done in coordination Pensions of the Senate and the Committee ministrative expenses.’’; and with other States or geographic regions.’’. (9) by adding at the end the following: on Education and Labor of the House of Rep- SEC. 217. MISCELLANEOUS REQUIREMENTS RE- ‘‘(h) ANNUAL REPORT.—A State that re- resentatives that contains— LATING TO ASSISTANCE. ceives funds under subsection (a) shall annu- ‘‘(1) information about such Indian Tribes ally prepare and submit to the Secretary a Section 108 of the Child Abuse Prevention and Tribal Organizations providing child report describing the manner in which funds and Treatment Act (42 U.S.C. 5106d) is abuse and neglect prevention activities, in- provided under this Act, alone or in com- amended by striking subsection (e). cluding types of programming and number of bination with other Federal funds, were used SEC. 218. REPORTS. such Tribes providing services; to address the purposes and achieve the ob- Section 110 of the Child Abuse Prevention ‘‘(2) promising practices used by such jectives of section 106, including— and Treatment Act (42 U.S.C. 5106f) is Tribes for child abuse and neglect preven- ‘‘(1) a description of how the State used amended— tion; such funds to improve the child protective (1) in subsection (a), by striking ‘‘CAPTA ‘‘(3) information about the child abuse and system related to— Reauthorization Act of 2010’’ and inserting neglect prevention activities such Tribes are ‘‘(A) effective collaborative and coordina- ‘‘CAPTA Reauthorization Act of 2020’’; providing, including those activities sup- tion strategies among child protective serv- (2) in subsection (b)— ported by Tribal, State, and Federal funds; ices and social services, legal services, (A) in the heading, by striking ‘‘EFFEC- ‘‘(4) ways to support prevention efforts re- health care services (including mental TIVENESS OF STATE PROGRAMS’’ and inserting garding child abuse and neglect of children health and substance use disorder services), ‘‘ACTIVITIES’’; who are Indians, including Alaska Natives, domestic violence services, education agen- (B) by striking ‘‘evaluating the effective- which may include the use of the children’s cies, and community-based organizations ness of programs receiving assistance under trust fund model;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4831 ‘‘(5) an assessment of Federal agency col- the planning, program implementation, and (ii) by striking the period and inserting ‘‘; laboration and technical assistance efforts to evaluation of the lead entity and’’; and’’; and address child abuse and neglect prevention (E) in paragraph (4), as so redesignated, by (E) by adding at the end the following: and treatment of children who are Indians, striking ‘‘specific community-based’’ and all ‘‘(E) will take into consideration barriers including Alaska Natives; that follows through ‘‘section 205(a)(3)’’ and to access to community-based and preven- ‘‘(6) an examination of access to child inserting ‘‘core child abuse and neglect pre- tion-focused programs and activities de- abuse and neglect prevention research and vention services described in section 205(a)(3) signed to strengthen and support families to demonstration grants by Indian tribes under and the services identified by the inventory prevent child abuse and neglect, including this Act; and required under section 204(3)’’; for populations described in section ‘‘(7) an examination of Federal child abuse (F) in paragraph (5), as so redesignated— 204(7)(A)(iii) and gaps in unmet need identi- and neglect data systems to identify what (i) by striking ‘‘funds for the’’ and insert- fied in the inventory described in section Tribal data is being submitted to the Depart- ing ‘‘Federal, State, local, and private funds, 204(3) when distributing funds to local pro- ment of Health and Human Services, or to carry out the purposes of this title, which grams for use in accordance with section other relevant agencies, as applicable, any may include’’; 205(a).’’. barriers to the submission of such data, and (ii) by inserting ‘‘and’’ before ‘‘information SEC. 223. AMOUNT OF GRANT. recommendations on improving the submis- management and reporting’’; and Section 203 of the Child Abuse Prevention sion of such data.’’. (iii) by striking ‘‘reporting and evaluation and Treatment Act (42 U.S.C. 5116b) is costs for establishing, operating, or expand- amended— SEC. 219. AUTHORIZATION OF APPROPRIATIONS. ing’’ and inserting ‘‘such as data systems to (1) in subsection (a)— Section 112(a)(1) of the Child Abuse Preven- facilitate statewide monitoring, reporting, (A) by striking ‘‘210’’ and inserting ‘‘209’’; tion and Treatment Act (42 U.S.C. and evaluation costs for’’; and and 5106h(a)(1)) is amended to read as follows: (G) in paragraph (6), as so redesignated— (B) by adding at the end the following: ‘‘In ‘‘(1) GENERAL AUTHORIZATION.—There are (i) by inserting ‘‘, which may include ac- any fiscal year for which the amount appro- authorized to be appropriated to carry out tivities to increase public awareness and priated under section 209 exceeds the amount this title such sums as may be necessary for education, and developing comprehensive appropriated under such section for fiscal each of fiscal years 2020 through 2025.’’. outreach strategies to engage diverse, under- year 2019 by more than $2,000,000, the Sec- Subtitle C—Community-based Grants for the served, and at-risk populations,’’ after ‘‘in- retary shall increase the reservation de- Prevention of Child Abuse and Neglect formation activities’’; and scribed in this subsection to up to 5 percent (ii) by striking ‘‘and the promotion of child SEC. 221. PURPOSE AND AUTHORITY. of the amount appropriated under section 209 abuse and neglect prevention activities’’. for the fiscal year for the purpose described Section 201 of the Child Abuse Prevention SEC. 222. ELIGIBILITY. in the preceding sentence.’’; and and Treatment Act (42 U.S.C. 5116) is amend- Section 202 of the Child Abuse Prevention (2) in subsection (b)(1)— ed— and Treatment Act (42 U.S.C. 5116a) is (A) in the matter preceding subparagraph (1) in subsection (a)— amended— (A), by striking ‘‘210’’ and inserting ‘‘209’’; (A) in paragraph (1), by striking ‘‘the co- (1) in paragraph (1)— and ordination of’’ and inserting ‘‘State, re- (A) in subparagraph (A)— (B) in subparagraph (A), by striking gional, and local coordination of’’ ; and (i) by inserting ‘‘, taking into consider- ‘‘$175,000’’ and inserting ‘‘$200,000’’. (B) in paragraph (2), by striking ‘‘foster an ation the capacity and expertise of eligible SEC. 224. APPLICATION. understanding, appreciation, and knowledge entities,’’ after ‘‘Governor of the State’’; and Section 204 of the Child Abuse Prevention of diverse populations’’ and inserting ‘‘sup- (ii) by inserting ‘‘State, regional, and local and Treatment Act (42 U.S.C. 5116d) is port local programs in increasing access for capacity of’’ before ‘‘community-based’’; amended— diverse populations to programs and activi- (B) in subparagraph (B)— (1) in the matter preceding paragraph (1), ties’’; and (i) by striking ‘‘who are consumers’’ and by striking ‘‘the State’’ and inserting ‘‘the (2) in subsection (b)— inserting ‘‘who are or who have been con- lead entity’’; (A) by striking paragraph (2); sumers’’; (2) in paragraph (1), by striking ‘‘which (B) by redesignating paragraphs (3) (ii) by striking ‘‘applicant agency’’ and in- meets the requirements of section 202’’; through (5) as paragraphs (4) through (6), re- serting ‘‘lead entity’’; and (3) in paragraph (2), by striking ‘‘commu- spectively; (iii) by adding ‘‘and’’ after the semicolon; nity-based child abuse and neglect preven- (C) in paragraph (1)— (C) in subparagraph (C)— tion programs’’ and inserting ‘‘programs and (i) in subparagraph (C), by inserting (i) by inserting ‘‘local,’’ after ‘‘State,’’; and activities’’; ‘‘healthy relationships and’’ before ‘‘par- (ii) by striking ‘‘; and’’ and inserting a (4) in paragraph (3), by inserting ‘‘designed enting skills’’; semicolon; and to strengthen and support families’’ after (ii) in subparagraph (E), by striking ‘‘in- (D) by striking subparagraph (D); ‘‘programs and activities’’; cluding access to such resources and oppor- (2) in paragraph (2)— (5) in paragraph (5), by striking ‘‘start up’’ tunities for unaccompanied homeless (A) in subparagraph (A), by striking ‘‘com- and inserting ‘‘start-up’’; youth;’’ and inserting ‘‘such as providing re- posed of’’ and all that follows through ‘‘chil- (6) by amending paragraph (6) to read as ferrals to early health and developmental dren with disabilities’’ and inserting ‘‘car- follows: services, including access to such resources ried out by local, collaborative, and public- ‘‘(6) a description of the lead entity’s ca- and opportunities for homeless families and private partnerships’’; and pacity to ensure the meaningful involvement those at risk of homelessness; and’’; (B) in subparagraph (C), by inserting of family advocates, relative caregivers, (iii) by striking subparagraph (H); ‘‘local,’’ after ‘‘State,’’; adult former victims of child abuse or ne- (iv) by redesignating subparagraph (G) as (3) in paragraph (3)— glect, and parents who are, or who have paragraph (3) and adjusting the margin ac- (A) in subparagraph (A), by striking ‘‘pa- been, consumers of preventive supports, in cordingly; and rental participation in the development, op- the planning, implementation, and evalua- (v) in the matter preceding subparagraph eration, and oversight of the’’ and inserting tion of the programs and policy decisions;’’; (A)— ‘‘the meaningful involvement of parents in (7) by amending paragraph (7) to read as (I) by inserting ‘‘State, regional, and local the development, operation, evaluation, and follows: capacity, to the extent practicable, of’’ after oversight of the State and local efforts to ‘‘(7) a description of the criteria that the ‘‘enhancing’’; and support’’; lead entity will use to— (II) by striking ‘‘that—’’ and inserting the (B) in subparagraph (B)— ‘‘(A) select and fund local programs, and following: ‘‘in order to provide a continuum (i) by inserting ‘‘relevant’’ before ‘‘State how the lead entity will take into consider- of services to children and families; and community-based’’; and ation the local program’s ability to— ‘‘(2) supporting local programs, which may (ii) by striking ‘‘the community-based’’ ‘‘(i) collaborate with other community- include capacity building activities such as and inserting ‘‘community-based’’; based organizations and service providers technical assistance, training, and profes- (C) in subparagraph (C)— and engage in long-term and strategic plan- sional development to provide community- (i) by striking ‘‘community-based and pre- ning for community-based and prevention-fo- based and prevention-focused programs and vention-focused programs and activities de- cused programs and activities designed to activities designed to strengthen and support signed to strengthen and support families to strengthen and support families to prevent families to prevent child abuse and neglect prevent child abuse and neglect’’ and insert- child abuse and neglect; that help families build protective factors ing ‘‘local programs’’; and ‘‘(ii) meaningfully partner with parents in linked to the prevention of child abuse and (ii) by striking ‘‘; and’’ and inserting a the development, implementation, oversight, neglect that—’’; semicolon; and evaluation of services; and (D) in paragraph (3), as so redesignated, by (D) in subparagraph (D)— ‘‘(iii) reduce barriers to access to commu- striking ‘‘demonstrate a commitment to in- (i) by striking ‘‘, parents with disabilities,’’ nity-based and prevention-focused programs volving parents in the planning and program and inserting ‘‘or parents with disabilities, and activities designed to strengthen and implementation of the lead agency and enti- and members of underserved or overrepre- support families to prevent child abuse and ties carrying out’’ and inserting ‘‘supporting sented groups in the child welfare system,’’; neglect, including for diverse, underserved, the meaningful involvement of parents in and and at-risk populations; or

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4832 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(B) develop or provide community-based (III) by redesignating clauses (iii) through Subtitle D—Adoption Opportunities and prevention-focused programs and activi- (ix) as clauses (iv) through (x), respectively; SEC. 231. CONGRESSIONAL FINDINGS AND DEC- ties designed to strengthen and support fam- (IV) by inserting after clause (ii) the fol- LARATION OF PURPOSE. ilies to prevent child abuse and neglect, and lowing: Section 201 of the Child Abuse Prevention provide a description of how such activities ‘‘(iii) nutrition programs, which may in- and Treatment and Adoption Reform Act of are evidence-based or evidence-informed;’’; clude the special supplemental nutrition pro- 1978 (42 U.S.C. 5111) is amended— (8) in paragraph (8)— gram for women, infants, and children estab- (1) in the section heading, by striking ‘‘AND (A) by striking ‘‘entity and the commu- lished by section 17 of the Child Nutrition DECLARATION OF PURPOSE’’ and inserting ‘‘, nity-based and prevention-focused programs Act of 1966 (42 U.S.C. 1786) and the supple- DECLARATION OF PURPOSE, AND DEFINITION’’; designed to strengthen and support families mental nutrition assistance program under (2) in subsection (a)— to prevent child abuse and neglect’’ and in- the Food and Nutrition Act of 2008 (7 U.S.C. (A) in paragraph (1), by striking ‘‘2009, serting ‘‘lead entity and local programs’’; 2011 et seq.);’’; and some 424,000’’ and inserting ‘‘2018, some (B) by striking ‘‘homeless families and (V) in clause (vi), as so redesignated, by 437,000’’; those at risk of homelessness, unaccom- striking ‘‘services, such as academic tutor- (B) in paragraph (3)— panied homeless youth’’ and inserting ‘‘vic- ing, literacy training, and General Edu- (i) by striking subparagraphs (A) through tims of domestic violence, homeless families cational Degree services’’ and inserting ‘‘and (D); and and those at risk of homelessness, families workforce development programs, including (ii) by striking ‘‘services because the chil- experiencing trauma’’; and adult education and literacy training and dren entering foster care—’’ and inserting (C) by inserting ‘‘, including underserved academic tutoring’’; ‘‘services;’’; or overrepresented groups in the child wel- (E) in paragraph (4)— (C) in paragraph (6)— fare system’’ before the semicolon; (i) by striking ‘‘develop leadership roles for (i) in subparagraph (A), by striking ‘‘2009, (9) in paragraph (9), by striking ‘‘commu- the’’ and inserting ‘‘developing and main- there were 115,000’’ and inserting ‘‘2018, there nity-based and prevention-focused programs taining’’; were 125,000’’; and activities designed to strengthen and (ii) by inserting ‘‘, and, as applicable, rel- (ii) in subparagraph (C)— support families to prevent child abuse and ative caregivers,’’ after ‘‘parents’’; and (I) in clause (i), by striking ‘‘2009’’ and in- neglect’’ and inserting ‘‘local programs’’; (iii) by striking ‘‘the programs’’ and insert- serting ‘‘2018’’; and (10) in paragraph (10), by striking ‘‘appli- ing ‘‘programs’’; (II) in clause (ii), by striking ‘‘more than cant entity’s activities and those of the net- (F) in paragraph (5), by striking ‘‘provide’’ 8’’ and inserting ‘‘less than 8’’; and work and its members (where appropriate) and inserting ‘‘providing’’; and (iii) in subparagraph (D)— will be evaluated’’ and inserting ‘‘lead enti- (G) in paragraph (6), by striking ‘‘partici- (I) in clause (i)— ty’s activities and local programs will be pate’’ and inserting ‘‘participating’’; and (aa) by striking ‘‘25 percent’’ and inserting evaluated, including in accordance with sec- (2) in subsection (b), by striking ‘‘pro- ‘‘17 percent’’; and tion 206’’; grams..’’ and inserting ‘‘programs.’’. (bb) by striking ‘‘2009’’ and inserting (11) in paragraph (11)— ‘‘2018’’; and (A) by striking ‘‘applicant entity’’ and in- SEC. 226. PERFORMANCE MEASURES. (II) in clause (ii)— serting ‘‘lead entity’’; and Section 206 of the Child Abuse Prevention (aa) by striking ‘‘30 percent’’ and inserting (B) by inserting ‘‘, including how the lead and Treatment Act (42 U.S.C. 5116f) is ‘‘22 percent’’; and entity will promote and consider improving amended— (bb) by striking ‘‘2009’’ and inserting access among diverse, underserved, and at- (1) in paragraph (2), by striking ‘‘optional ‘‘2018’’; and risk populations’’ before the semicolon; and services as described in section 202’’ and in- (D) in paragraph (9)(B)— (12) in paragraph (12), by striking ‘‘appli- serting ‘‘additional services as described in (i) by inserting ‘‘should not’’ before ‘‘be cant entity’’ and inserting ‘‘lead entity’’. section 205(a)(3)(B)’’; maintained’’; and SEC. 225. LOCAL PROGRAM REQUIREMENTS. (2) in paragraph (3), by striking ‘‘section (ii) by striking ‘‘or institutions’’; and Section 205 of the Child Abuse Prevention 205(3)’’ and inserting ‘‘section 204’’; (3) in subsection (b)— and Treatment Act (42 U.S.C. 5116e) is (3) in paragraph (5), by striking ‘‘used the (A) in the matter preceding paragraph (1)— amended— services of’’ and inserting ‘‘participated in’’; (i) by inserting ‘‘children with disabilities, (1) in subsection (a)— (4) in paragraph (6), by striking ‘‘commu- underserved or overrepresented children and (A) in the matter preceding paragraph (1)— nity level’’ and inserting ‘‘local level’’; youth in the child welfare system,’’ after (i) by striking ‘‘Grants made’’ and insert- (5) in paragraph (7), by striking ‘‘; and’’ and ‘‘minority children,’’; and ing ‘‘Grants or contracts made by the lead inserting a semicolon; (ii) by striking ‘‘including disabled infants entity’’; and (6) by redesignating paragraph (8) as para- with life-threatening conditions,’’; (ii) by striking ‘‘that—’’ and inserting ‘‘, graph (9); (B) in paragraph (2)(C), by striking ‘‘; and’’ which may include—’’; (7) by inserting after paragraph (7) the fol- and inserting a semicolon; (B) by amending paragraph (1) to read as lowing: (C) in paragraph (3), by striking the period follows: ‘‘(8) shall describe the percentage of total and inserting ‘‘; and’’; and ‘‘(1) assessing community assets and needs funding provided to the State under section (D) by adding at the end the following: through a planning process that— 203 that supports evidence-based and evi- ‘‘(4) support the development and imple- ‘‘(A) involves other community-based orga- dence-informed community-based and pre- mentation of evidence-based and evidence-in- nizations or agencies that have already per- vention-focused programs and activities de- formed post-legal adoption services for fami- formed a needs assessment; signed to strengthen and support families to lies that adopt children in order to increase ‘‘(B) includes the meaningful involvement prevent child abuse and neglect; and’’; and permanency.’’; and of parents; and (8) in paragraph (9), as so redesignated, by (4) by adding at the end the following: ‘‘(C) uses information and expertise from striking ‘‘continued leadership’’ and insert- ‘‘(c) DEFINITION.—In this title, the term local public agencies, local nonprofit organi- ing ‘‘meaningful involvement’’. ‘child with special needs’ means a child fac- zations, and private sector representatives in ing barriers to adoption, including a child SEC. 227. DEFINITIONS. with special needs as determined under sec- meaningful roles;’’; tion 473(c) of the Social Security Act (42 (C) in paragraph (2), by striking ‘‘develop’’ Section 208(2) of the Child Abuse Preven- U.S.C. 673(c)).’’. and inserting ‘‘developing’’; tion and Treatment Act (42 U.S.C. 5116h(2)) is (D) in paragraph (3)— amended— SEC. 232. SENSE OF CONGRESS AND TECHNICAL (1) in the paragraph heading, by inserting ASSISTANCE ON INFORMAL CUS- (i) in subparagraph (A)— TODY TRANSFERS. (I) in the matter preceding clause (i), by ‘‘DESIGNED TO STRENGTHEN AND SUPPORT FAM- The Child Abuse Prevention and Treat- striking ‘‘provide for’’ and inserting ‘‘pro- ILIES’’ after ‘‘ACTIVITIES’’; ment and Adoption Reform Act of 1978 is viding’’; and (2) by striking ‘‘organizations such as’’; amended by inserting after section 201 (42 (II) in clause (i), by striking ‘‘mutual sup- (3) by inserting ‘‘for parents and children’’ U.S.C. 5111) the following: port and’’ and inserting ‘‘which may include after ‘‘mutual support programs’’; and ‘‘SEC. 202. SENSE OF CONGRESS AND TECHNICAL programs and services that improve knowl- (4) by striking ‘‘or respond to’’. ASSISTANCE ON INFORMAL CUS- edge of healthy child development, parental TODY TRANSFERS. SEC. 228. AUTHORIZATION OF APPROPRIATIONS. resilience, mutual support, and’’; and ‘‘(a) SENSE OF CONGRESS.—It is the sense of (ii) in subparagraph (B)— Section 209 of the Child Abuse Prevention Congress that— (I) in the matter preceding clause (i), by and Treatment Act (42 U.S.C. 5116i) is ‘‘(1) there are challenges associated with striking ‘‘provide access to optional serv- amended to read as follows: adoptions (including the child’s mental ices’’ and inserting ‘‘connecting individuals health needs and the difficulties many fami- ‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. and families to additional services’’; lies face in accessing support services) and (II) in clause (ii), by striking ‘‘and inter- ‘‘There are authorized to be appropriated some families may seek out an informal vention’’ and inserting ‘‘, such as Head Start, to carry out this title such sums as may be transfer of physical custody without any for- including early Head Start, and early inter- necessary for each of fiscal years 2020 mal supervision by child welfare authorities vention’’; through 2025.’’. or courts;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4833 ‘‘(2) some adopted children experience (I) by inserting ‘‘and disseminate’’ after SEC. 234. REPORTS. trauma, and the disruption and placement in ‘‘identify’’; and The Child Abuse Prevention and Treat- another home may contribute to additional (II) by striking ‘‘termination’’ and insert- ment and Adoption Reform Act of 1978 is trauma and instability for such children; ing ‘‘dissolution, and increase permanency, amended by striking section 204 (42 U.S.C. ‘‘(3) post-adoption informal transfers of including related to pre- and post-legal adop- 5114) and inserting the following: physical custody may not include certain tion services’’; ‘‘SEC. 204. REPORTS. safety measures that are required as part of (E) in paragraph (10)(A)— ‘‘(a) REPORT ON THE OUTCOMES OF INDIVID- formal adoption proceedings; (i) by redesignating clauses (iii) through UALS WHO WERE ADOPTED FROM FOSTER ‘‘(4) child welfare authorities and courts (ix) as clauses (iv) through (x), respectively; CARE.—Not later than 2 years after the date may be unaware of the placement of children (ii) in clause (ii)— of enactment of the CAPTA Reauthorization Act of 2020, the Secretary shall submit to the through such informal custody transfers and, (I) by inserting ‘‘, and finding such family Committee on Health, Education, Labor, and as a result, therefore do not conduct assess- and relatives willing to adopt such child to ments on the child’s safety and well-being in Pensions of the Senate and the Committee improve permanency’’ before the semicolon; on Education and Labor of the House of Rep- subsequent such placements; and ‘‘(5) the lack of such assessments may re- resentatives a report on research regarding (II) by striking ‘‘such children, including the outcomes of individuals who were adopt- sult in the placement of children in homes in developing’’ and inserting ‘‘such children; which the children may be exposed to unsafe ed from foster care as children, and a sum- ‘‘(iii) developing’’; mary of the post-adoption services available environments; (iii) in clause (vi), as so redesignated, by ‘‘(6) the caregivers with whom a child is to families that adopt, including the extent inserting ‘‘, including such groups for indi- to which such services are evidence-based or placed through an informal custody transfer viduals who may enter into relative care- evidence-informed. may have no legal responsibility with re- giver arrangements’’ before the semicolon; ‘‘(b) REPORT TO CONGRESS.—Not later than spect to such child and may not have com- and 3 years after the date of the enactment of plete records with respect to such child, in- (iv) in clause (ix), as so redesignated, by in- the CAPTA Reauthorization Act of 2020, the cluding the child’s birth, medical, or other serting ‘‘, including such groups for kinship Secretary of Health and Human Services records; and caregiver arrangements’’ before the semi- shall provide to the Committee on Finance ‘‘(7) a child adopted through intercountry colon; and and the Committee on Health, Education, adoption may be at risk of not acquiring (F) in paragraph (11)— Labor, and Pensions of the Senate and the United States citizenship if an informal cus- (i) in the matter preceding subparagraph Committee on Education and Labor and the tody transfer occurs before the adoptive par- (A), by inserting ‘‘Indian Tribes or Tribal or- Committee on Ways and Means of the House ents complete all necessary steps to finalize ganizations,’’ after ‘‘States,’’; of Representatives a report on adoption dis- the adoption of such child. (ii) in subparagraph (B), by striking ‘‘; ruption and dissolution, including informal ‘‘(b) TECHNICAL ASSISTANCE AND PUBLIC and’’ and inserting a semicolon; custody transfers of children. The Secretary AWARENESS.—The Secretary, in coordination shall include in such report— (iii) in subparagraph (C), by striking the with the heads of other relevant depart- ‘‘(1) the causes, methods, and characteris- period and inserting ‘‘; and’’; and ments, shall, as appropriate, improve public tics of adoption disruption and dissolution, (iv) by adding at the end the following: awareness related to preventing adoption including how causes, methods, and charac- ‘‘(D) procedures to identify and support po- disruption and dissolutions, including infor- teristics may vary for informal custody tential kinship care arrangements.’’; mal custody transfers of adopted children. transfers; (3) in subsection (c)— Such activities may include updating, as ap- ‘‘(2) the effects of adoption disruption and propriate, Federal resources, including inter- (A) in paragraph (1), by striking ‘‘post dissolution, including informal custody net websites, which provide information on legal adoption’’ and inserting ‘‘post-legal transfers, on children, including the effect the practice of informal custody transfers to adoption’’; and that a lack of assessment of a child’s safety provide families with information on post- (B) in paragraph (2)(G), by inserting ‘‘, in- and well-being can have on children; legal adoption services from State, local, and cluding such parents, children, and siblings ‘‘(3) the prevalence of adoption disruption private resources.’’. in kinship care arrangements’’ before the and dissolution, including the prevalence of semicolon; SEC. 233. INFORMATION AND SERVICES. informal custody transfers, within each (4) in subsection (d)— Section 203 of the Child Abuse Prevention State and across all States; and (A) in the subsection heading, by inserting and Treatment and Adoption Reform Act of ‘‘(4) recommended policies for preventing, ‘‘AND IMPROVING POST-LEGAL ADOPTION SUP- 1978 (42 U.S.C. 5113) is amended— identifying, and responding to adoption dis- PORT SERVICES’’ after ‘‘CARE’’; (1) in subsection (a)— ruption and dissolution, including informal (B) in paragraph (1), by inserting ‘‘includ- (A) by striking ‘‘such purposes, including custody transfers, that include— ing through the improvement of post-legal services’’ and all that follows through the ‘‘(A) changes to Federal and State law to period at the end and inserting the following: adoption services,’’ after ‘‘free for adop- address the negative effects of adoption dis- ‘‘such purposes, including— tion,’’; ruption and dissolution, including the effects ‘‘(1) services to facilitate the adoption of (C) in paragraph (2)— of informal custody transfers, on children; older children, minority children, children (i) in subparagraph (A)— ‘‘(B) changes to child protection practices with disabilities, underserved or overrepre- (I) in clause (i), by inserting ‘‘, including to reduce the likelihood of harmful adoption sented children and youth in the child wel- plans to assess the need for and provide, as disruption and dissolution, including infor- fare system, and children with special needs; appropriate, post-legal adoption services in mal custody transfers; and ‘‘(2) services to families considering adop- order to improve permanency’’ before the ‘‘(C) methods to improve public information of children with special needs; and semicolon; tion regarding adoption and child protec- ‘‘(3) post-legal adoption services for fami- (II) in clause (ii), by inserting ‘‘children tion.’’. lies to provide permanent and caring home with disabilities, underserved or overrepre- SEC. 235. AUTHORIZATION OF APPROPRIATIONS. environments for children who would benefit sented children and youth in the child wel- Section 205 of the Child Abuse Prevention from adoption.’’; fare system,’’ after ‘‘minority children,’’; and Treatment and Adoption Reform Act of (2) in subsection (b)— and 1978 (42 U.S.C. 5115) is amended— (A) in paragraph (1)— (III) in clause (iv), by striking ‘‘section 473 (1) in subsection (a)— (i) by striking ‘‘on adoption, and’’ and in- of the Social Security Act (42 U.S.C. 673)’’ (A) by striking ‘‘$40,000,000’’ and all that serting ‘‘on adoption, including the evalua- and inserting ‘‘subpart 2 of part B of title IV follows through ‘‘2015’’ and inserting ‘‘such tion of training and accessible education ma- of the Social Security Act (42 U.S.C. 629 et sums as may be necessary for fiscal years terials;’’; and seq.) and part E of such title IV (42 U.S.C. 670 2020 through 2025’’; and (ii) by inserting ‘‘, and update such train- et seq.)’’; and (B) by striking ‘‘this subtitle’’ and inserting and education materials, as appropriate’’ (ii) in subparagraph (B)— ing ‘‘this title’’; and before the semicolon; (I) in clause (i), by inserting ‘‘children with (2) in subsection (b), by striking ‘‘30 per- (B) in paragraph (2), by inserting ‘‘children disabilities, underserved or overrepresented cent’’ and inserting ‘‘35 percent’’. with disabilities, underserved or overrepre- children and youth in the child welfare sys- Subtitle E—Family Violence Prevention and sented children and youth in the child wel- tem,’’ after ‘‘minority children,’’; and Services fare system,’’ after ‘‘minority children,’’; (II) in clause (ii), by striking ‘‘successful’’ SEC. 241. PURPOSE. (C) in paragraph (7), by inserting ‘‘children and inserting ‘‘evidence-based and evidence- Section 301(b) of the Family Violence Pre- with disabilities, underserved or overrepre- informed’’; and vention and Services Act (42 U.S.C. 10401(b)) sented children and youth in the child wel- (D) in paragraph (3)(A), by striking ‘‘Pay- is amended— fare system,’’ after ‘‘minority children,’’; ments under this subsection shall begin dur- (1) in the matter preceding paragraph (1), (D) in paragraph (9)— ing fiscal year 1989.’’; and by striking ‘‘(b)’’ and all that follows (i) in the matter preceding subparagraph (5) in subsection (e)(1), by inserting ‘‘, such through ‘‘title to—’’ and inserting the fol- (A), by inserting ‘‘, expand, and enhance’’ as through the use of an electronic inter- lowing: after ‘‘maintain’’; and state case processing system’’ before the pe- ‘‘(b) PURPOSE.—It is the purpose of this (ii) in subparagraph (D)— riod. title to support and improve prevention of,

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4834 CONGRESSIONAL RECORD — SENATE August 4, 2020 interventions in, and services for family vio- ‘‘(ii) the Tribal communities in which the (B) in paragraph (5), by striking ‘‘provision lence, domestic violence, and dating vio- services are being provided.’’; of assistance’’ and inserting ‘‘provision of lence, by—’’; (8) in paragraph (15), as so redesignated— interventions or services’’; and (2) in paragraph (1), by striking ‘‘assist (A) by striking ‘‘tribally designated offi- (2) in subsection (b)— States and Indian tribes’’ and inserting ‘‘as- cial’’ and inserting ‘‘Tribally designated offi- (A) in paragraph (3), by redesignating sub- sisting States and Indian Tribes’’; cial’’; paragraphs (A) through (C) as clauses (i) (3) in paragraph (2), by striking ‘‘assist’’ (B) by striking ‘‘Indian tribe, tribal organi- through (iii) and indenting the margins of and all that follows through ‘‘immediate’’ zation’’ and inserting ‘‘Indian Tribe, Tribal those clauses to match the margins of clause and inserting ‘‘strengthening the capacity of organization’’; and (i) of section 306(c)(2)(B) of that Act; States and Indian Tribes and Tribal organi- (C) by striking ‘‘Indian tribe, to’’ and in- (B) by redesignating paragraphs (1) zations in efforts to provide accessible imme- serting ‘‘Indian Tribe, to’’; and through (4) as subparagraphs (A) through (D) diate’’; (9) in the first sentence of paragraph (16), and indenting the margins of those clauses (4) by striking paragraph (3) and inserting as so redesignated, by striking ‘‘42 U.S.C. to match the margins of subparagraph (A) of the following: 13925(a)’’ and inserting ‘‘34 U.S.C. 12291(a)’’. section 306(c)(2) of that Act; ‘‘(3) providing for national domestic vio- SEC. 243. AUTHORIZATION OF APPROPRIATIONS. (C) by striking ‘‘The Secretary shall—’’ lence hotlines;’’; Section 303 of the Family Violence Preven- and insert the following: ‘‘The Secretary— (5) in paragraph (4)— tion and Services Act (42 U.S.C. 10403) is ‘‘(1) shall—’’; (A) by striking ‘‘(4) provide for’’ and insert- amended— (D) in paragraph (1), as so redesignated— ing ‘‘(4) providing’’; (1) in subsection (a)— (i) in subparagraph (B), as so redesignated, (B) by striking ‘‘Indian tribes’’ and insert- (A) in paragraph (1)— by striking ‘‘prevention and treatment of’’ ing ‘‘Indian Tribes’’; (i) by striking ‘‘There is’’ and inserting and inserting ‘‘prevention of and services (C) by striking ‘‘tribal organizations’’ and ‘‘There are’’; and for’’; and inserting ‘‘Tribal organizations’’; and (ii) by striking ‘‘, $175,000,000 for each of (ii) in subparagraph (D), as so redesignated, (D) by striking the period at the end and fiscal years 2011 through 2015.’’ and inserting by striking the period at the end and insert- inserting ‘‘; and’’; and ‘‘, amounts consisting of— ing ‘‘; and’’; and (6) by adding at the end the following: ‘‘(i) $179,000,000 for fiscal year 2020; (E) by adding at the end the following: ‘‘(2) may award grants to eligible entities ‘‘(5) supporting the development and im- ‘‘(ii) $184,000,000 for fiscal year 2021; or enter into contracts with for-profit or plementation of evidence-based and evi- ‘‘(iii) $188,000,000 for fiscal year 2022; nonprofit nongovernmental entities or insti- dence-informed community-based prevention ‘‘(iv) $193,000,000 for fiscal year 2023; tutions of higher education to conduct or approaches and programs.’’. ‘‘(v) $198,000,000 for fiscal year 2024; and support research, as appropriate, on family ‘‘(vi) $203,000,000 for fiscal year 2025.’’; SEC. 242. DEFINITIONS. violence, domestic violence, or dating vio- (B) in paragraph (2)(D)— Section 302 of the Family Violence Preven- lence, or evaluation of programs related to (i) in the subparagraph heading, by strik- tion and Services Act (42 U.S.C. 10402) is family violence, domestic violence, or dating ing ‘‘STATE’’; and amended— violence.’’. (ii) by striking ‘‘Of the amounts appro- (1) in paragraphs (2) and (3), by striking ‘‘42 SEC. 245. FORMULA GRANTS TO STATES. priated under paragraph (1)’’ and all that fol- U.S.C. 13925(a)’’ and inserting ‘‘34 U.S.C. Section 306(c) of the Family Violence Pre- lows through the period at the end and in- 12291(a)’’; vention and Services Act (42 U.S.C. 10406(c)) serting the following: (2) by striking paragraph (5) and inserting is amended— TATE DOMESTIC VIOLENCE COALI- the following: ‘‘(i) S (1) in paragraph (1), by striking ‘‘tribal’’ ‘‘(5) INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- TIONS.—Of the amounts appropriated under and inserting ‘‘Tribal’’; TION.—The terms ‘Indian’, ‘Indian Tribe’, and paragraph (1) for a fiscal year and not re- (2) in paragraph (2)— ‘Tribal organization’ have the meanings served under subparagraph (A)(i), not less (A) in subparagraph (C), in the matter pre- given the terms ‘Indian’, ‘Indian tribe’, and than 10 percent of such amounts shall be ceding clause (i)— ‘tribal organization’ in section 4 of the In- made available to the Secretary for making (i) by striking ‘‘tribe’’ each place it ap- dian Self-Determination and Education As- grants under section 311. pears and inserting ‘‘Tribe’’; and sistance Act (25 U.S.C. 5304).’’; ‘‘(ii) RESERVATION OF FUNDS FOR TRIBAL DO- (ii) by striking ‘‘tribally’’ and inserting (3) by redesignating paragraphs (6) through MESTIC VIOLENCE COALITIONS.—Notwith- ‘‘Tribally’’; and (12), and (13) and (14), as paragraphs (7) standing clause (i), for any fiscal year for (B) in subparagraph (D), by striking through (13), and (15) and (16), respectively; which the amount appropriated under para- ‘‘tribe’’ and inserting ‘‘Tribe’’; (4) by inserting after paragraph (5) the fol- graph (1) exceeds $185,000,000, a portion of the (3) in paragraph (4), by striking ‘‘Indian lowing: funds made available to the Secretary under tribe’’ and inserting ‘‘Indian Tribe or Tribal ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— clause (i) shall be reserved for the Secretary organization’’; The term ‘institution of higher education’ to make grants under section 311A. (4) in paragraph (5)— has the meaning given such term in section ‘‘(iii) PORTION.—The portion referred to in (A) in subparagraphs (D)(i) and (G), by 101 of the Higher Education Act of 1965 (20 clause (ii) shall be calculated as 25 percent of striking ‘‘tribal’’ and inserting ‘‘Tribal’’; and U.S.C. 1001).’’; the difference between— (B) in subparagraph (F), by striking (5) in paragraph (8), as so redesignated, by ‘‘(I) the amount made available under ‘‘tribe’’ and inserting ‘‘Tribe’’; and striking ‘‘42 U.S.C. 13925(a)’’ and inserting clause (i) to the Secretary for making grants (5) in paragraph (6)— ‘‘34 U.S.C. 12291(a)’’; under section 311 for the fiscal year involved; (A) by striking ‘‘tribe’’ and inserting (6) in paragraph (10), as so redesignated— and ‘‘Tribe’’; and (A) by striking ‘‘State law’’ and inserting ‘‘(II) the amount that would have been (B) by striking ‘‘tribal’’ and inserting ‘‘State and Tribal law’’; and made available under clause (i) to the Sec- ‘‘Tribal’’. (B) by striking ‘‘shelter, safe homes, meals, retary for making grants under section 311 SEC. 246. STATE APPLICATION. and supportive services’’ and inserting ‘‘shel- for a fiscal year, if— (a) APPLICATION.—Section 307(a) of the ter, safe homes, meals, and supportive serv- ‘‘(aa) the amount was calculated using the Family Violence Prevention and Services ices, which may include the provision of same percentage reservations under subpara- Act (42 U.S.C. 10407(a)) is amended— basic necessities,’’; graph (A)(i) and clause (i) as were used for (1) in paragraph (1)— (7) by inserting after paragraph (13), as so calculating the amount under subclause (I); (A) by striking ‘‘tribally’’ and inserting redesignated, the following: and ‘‘Tribally’’; and ‘‘(14) TRIBAL DOMESTIC VIOLENCE COALI- ‘‘(bb) the amount appropriated under para- (B) by adding at the end the following: TION.—The term ‘Tribal Domestic Violence graph (1) for such fiscal year was ‘‘For purposes of section 2007 of the Omnibus Coalition’ means an established nonprofit, $185,000,000.’’; Crime Control and Safe Streets Act of 1968 nongovernmental Indian organization that— (2) in subsection (b), by striking ‘‘$3,500,000 (34 U.S.C. 10446), the application described in ‘‘(A) provides education, support, and tech- for each of fiscal years 2011 through 2015’’ this section may be considered to be the nical assistance to member Indian service and inserting ‘‘$10,300,000 for each of fiscal State plan described in subsection (c)(3) of providers in a manner that enables those years 2020 through 2025’’; and that section 2007.’’; and member providers to establish and maintain (3) in subsection (c), by striking ‘‘2011 (2) in paragraph (2)— culturally appropriate services, including through 2015’’ and inserting ‘‘2020 through (A) in subparagraph (B)(iii)(I), by striking shelter and supportive services, designed to 2025’’. ‘‘operation of shelters’’ and inserting ‘‘provi- assist Indian women and the dependents of SEC. 244. AUTHORITY OF SECRETARY. sion of shelter’’; those women who are victims of family vio- Section 304 of the Family Violence Preven- (B) in subparagraph (D)— lence, domestic violence, and dating vio- tion and Services Act (42 U.S.C. 10404) is (i) by striking ‘‘Coalition in the planning’’ lence; and amended— and inserting ‘‘Coalition, and a Tribal Do- ‘‘(B) is comprised of board and general (1) in subsection (a)— mestic Violence Coalition as applicable, in members that are representative of— (A) in paragraph (4), by striking ‘‘CAPTA the planning, coordination,’’; and ‘‘(i) the member service providers de- Reauthorization Act of 2010’’ and inserting (ii) by striking ‘‘section 308(a)’’ and insert- scribed in subparagraph (A); and ‘‘CAPTA Reauthorization Act of 2019’’; and ing ‘‘section 308’’;

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00156 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4835 (C) in subparagraph (E), by striking ‘‘State (2) in subsection (b)— ‘‘(E) The response of domestic violence or Indian tribe’’ and inserting ‘‘State, Indian (A) by striking ‘‘tribe’’ each place it ap- service programs to victims who are under- Tribe, or Tribal organization’’ in both places pears and inserting ‘‘Tribe’’; and served, including enhancing the capacity of it occurs; (B) by striking ‘‘tribal organization’’ each related organizations generally serving those (D) in subparagraph (F),— place it appears and inserting ‘‘Tribal orga- victims to respond to and prevent domestic (i) by striking State or Indian tribe’’ and nization’’. violence.’’; inserting ‘‘State, Indian Tribe, or Tribal or- SEC. 249. NATIONAL RESOURCE CENTERS AND (3) in paragraph (3)— ganization’’; and TRAINING AND TECHNICAL ASSIST- (A) in subparagraph (A)— (ii) by inserting after ‘‘including’’ the ANCE. (i) by striking ‘‘may award grants to’’ and following- ‘‘how such activities and services (a) GRANTS AUTHORIZED.—Section 310(a)(2) inserting ‘‘shall award grants to one or utilize a trauma-informed care approach, as of the Family Violence Prevention and Serv- more’’; and appropriate, and’’; ices Act (42 U.S.C. 10410(a)(2)) is amended— (ii) by striking ‘‘Indian tribes, tribal orga- (E) in subparagraph (G)— (1) in subparagraph (A)— nizations’’ and inserting ‘‘Indian Tribes, (i) by striking ‘‘tribally’’ and inserting (A) in clause (i), by striking ‘‘and’’ at the Tribal organizations,’’; ‘‘Tribally’’; and end; (B) in subparagraph (B)(i)— (ii) by striking ‘‘tribe’’ each place it ap- (B) in clause (ii), by striking ‘‘7’’ and in- (i) by striking ‘‘Indian tribes, tribal orga- pears and inserting ‘‘Tribe’’; and serting ‘‘8’’; and nizations, and’’ and inserting ‘‘Indian Tribes (F) in subparagraph (H)— (C) by adding at the end the following: or Tribal organizations, and’’ and (i) by striking ‘‘tribe’’ and inserting ‘‘(iii) at least one State resource center to (ii) by striking ‘‘tribes, organizations,’’ and ‘‘Tribe’’; and reduce disparities in domestic violence in inserting ‘‘Tribes, organizations,’’; and (ii) by striking ‘‘to bar’’ and inserting ‘‘to States with high proportions of Indian (in- (4) by adding at the end the following: remove, or exclude or bar,’’. cluding Alaska Native) or Native Hawaiian ‘‘(4) CLARIFICATION.—Within available (b) APPROVAL.—Section 307(b) of such Act populations (as provided for in subsection funds, the Secretary shall continue to sup- (42 U.S.C. 10407(b)) is amended— (b)(3)); and’’; and port the resource centers funded for purposes (1) in paragraph (2), by striking ‘‘tribe’’ (2) in subparagraph (B)— pursuant to paragraphs (2) and (3) in fiscal each place the term appears and inserting (A) by striking ‘‘grants, to—’’ and all that year 2019.’’. ‘‘Tribe’’; follows through ‘‘(ii) support’’ and inserting (c) ELIGIBILITY.—Section 310(c) of the Fam- (2) in paragraph (3)— ‘‘grants, to support’’; and ily Violence Prevention and Services Act (42 (A) by striking ‘‘State Domestic Violence (B) by inserting before ‘‘, to entities’’ the U.S.C. 10410(c)) is amended— Coalitions, or comparable coalitions for In- following: ‘‘, including the housing needs of (1) in paragraph (1)— dian tribes, shall’’ and inserting ‘‘State Do- domestic violence victims and their fami- (A) in the matter preceding subparagraph mestic Violence Coalitions or Tribal Domes- lies’’. (A), by striking ‘‘(C), or (D)’’ and inserting tic Violence Coalitions shall’’; and (b) DOMESTIC VIOLENCE RESOURCE CEN- ‘‘(C), (D), (E), or (F)’’; and (B) by striking ‘‘tribes’’ and inserting TERS.—Section 310(b) of the Family Violence (B) in subparagraph (B)— ‘‘Tribes’’. Prevention and Services Act (42 U.S.C. (i) by striking ‘‘entity’s advisory board’’ SEC. 247. SUBGRANTS AND USES OF FUNDS. 10410(b)) is amended— and inserting ‘‘entity’s Board of Directors or Section 308 of the Family Violence Preven- (1) in paragraph (1)— advisory committees’’; and tion and Services Act (42 U.S.C. 10408) is (A) in subparagraph (A)(ii)— (ii) by inserting before the semicolon the amended— (i) in the matter preceding subclause (I), by following ‘‘, and reflect or have experience (1) in subsection (a), by striking ‘‘that is’’ inserting ‘‘, which may be posted on the working with the communities to be served and inserting ‘‘that are’’; Internet,’’ after ‘‘center resource library’’; through the center involved’’; (2) in subsection (b)(1)— and (2) in paragraph (2)— (A) in subparagraph (B), by striking ‘‘de- (ii) in subclause (I), by striking ‘‘incidence (A) in the matter preceding subparagraph veloping safety plans’’ and inserting ‘‘safety and’’ and inserting ‘‘incidence and preva- (A)— planning’’; and lence of, trends concerning, and’’; and (i) by striking ‘‘tribal organization’’ and (B) in subparagraph (G)— (B) in subparagraph (B)— inserting ‘‘Tribal organization’’; and (i) by striking the matter preceding clause (i) in clause (i)— (ii) by striking ‘‘Indian tribes’’ and insert- (i) and inserting the following: (I) by striking ‘‘tribes’’ each place it ap- ing ‘‘Indian Tribes’’; ‘‘(G) provision of advocacy and services (in- pears and inserting ‘‘Tribes’’; (B) in subparagraph (A)— cluding case management and information (II) by striking ‘‘tribal organizations’’ and (i) by striking ‘‘Indian tribes and tribal or- and referral services), which may include fa- inserting ‘‘Tribal organizations’’; and ganizations’’ and inserting ‘‘Indian Tribes cilitating partnerships that improve the de- (III) by striking ‘‘42’’ and all the follows and Tribal organizations’’; and velopment and delivery of services referred through ‘‘3796gg–10 note’’ and inserting ‘‘34 (ii) by striking ‘‘42’’ and all that follows to in this subparagraph concerning issues re- U.S.C. 10452 note’’; through ‘‘3796gg–10 note’’ and inserting ‘‘34 lated to family violence, domestic violence, (ii) in clause (ii)— U.S.C. 10452 note’’; or dating violence intervention and preven- (I) by striking ‘‘tribes’’ and inserting (C) in subparagraph (B)— tion, including—’’; ‘‘Tribes’’; (i) by striking ‘‘Indian tribes and tribal or- (ii) in clause (i), by striking ‘‘Federal and (II) by striking ‘‘tribal organizations’’ and ganizations’’ and inserting ‘‘Indian Tribes State’’ and inserting ‘‘Federal, State, and inserting ‘‘Tribal organizations’’; and and Tribal organizations’’; local’’; (III) by striking ‘‘42’’ and all the follows (ii) by striking ‘‘tribally’’ and inserting (iii) in clause (iii), by striking ‘‘mental through ‘‘3796gg–10 note’’ and inserting ‘‘34 ‘‘Tribally’’; and health, alcohol, and drug abuse treatment’’ U.S.C. 10452 note’’; and (iii) by striking ‘‘42’’ and all that follows and inserting ‘‘mental and substance use dis- (iii) in clause (iii), by striking ‘‘the Office through ‘‘3796gg–10 note’’ and inserting ‘‘34 order treatment’’; on Violence Against Women’’ and inserting U.S.C. 10452 note’’; (iv) in clause (v), by striking ‘‘and’’ at the ‘‘the Office for Victims of Crime, and the Of- (D) in subparagraph (C), by striking end; and fice on Violence Against Women,’’; ‘‘tribes’’ and inserting ‘‘Tribes’’; (v) by adding at the end the following: (2) in paragraph (2)— (E) in subparagraph (D), by striking ‘‘In- ‘‘(vii) language assistance for victims with (A) in the matter preceding subparagraph dian tribes and tribal organizations’’ and in- limited English proficiency, or victims who (A), in the first sentence, by inserting before serting ‘‘Indian Tribes and Tribal organiza- are deaf or hard of hearing; and’’; the period the following: ‘‘in order to support tions’’; and (3) in subsection (c)(1), by striking ‘‘tribal effective policy, practice, research, and col- (F) in subparagraph (E), by striking organizations,’’ and inserting ‘‘Tribal organi- laboration’’; and ‘‘tribes’’ and inserting ‘‘Tribes’’; zations,’’; and (B) in subparagraph (D)— (3) in paragraph (3), in the matter pre- (4) in subsection (d)(1), in the paragraph (i) by striking ‘‘mental health systems’’ ceding subparagraph (A), by striking ‘‘sub- heading, by striking ‘‘DEPENDANTS’’ and in- and inserting ‘‘mental and substance use dis- section (b)(2)(E)’’ and inserting ‘‘subsection serting ‘‘DEPENDENTS’’. order treatment systems’’; and (b)(2)(F)’’; and SEC. 248. GRANTS FOR INDIAN TRIBES. (ii) by striking ‘‘and to their children who (4) in paragraph (4)— Section 309 of the Family Violence Preven- are exposed to domestic violence’’ and in- (A) in subparagraph (A), by striking clause tion and Services Act (42 U.S.C. 10409) is serting ‘‘, and to their children, who experi- (ii) and inserting the following: amended— ence psychological trauma that is, or have ‘‘(ii) be— (1) in subsection (a)— mental or substance use disorders that are, ‘‘(I) an Indian Tribe, Tribal organization, (A) by striking ‘‘tribal’’ and inserting related to their exposure to domestic vio- or Native Hawaiian organization with experi- ‘‘Tribal’’; and lence; and’’; ence providing assistance in developing pre- (B) by striking ‘‘(42’’ and all that follows (C) by redesignating subparagraph (E) as vention and intervention services that focus through ‘‘tribes’’ and inserting ‘‘(34 U.S.C. subparagraph (F); and primarily on issues of domestic violence 20126), shall continue to award grants for In- (D) by inserting after subparagraph (D) the among Indians (including Alaska Natives) or dian Tribes’’; and following: Native Hawaiians; or

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00157 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4836 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(II) an institution of higher education; ‘‘(3) working in collaboration with Tribal providing information and assistance to and’’; and service providers and community-based orga- adult and youth victims of family violence, (B) in subparagraph (B), by striking ‘‘un- nizations to address the needs of victims of domestic violence, or dating violence, family derdeveloped’’ and inserting ‘‘underserved’’. family violence, domestic violence, and dat- and household members of such victims, and SEC. 250. GRANTS TO STATE DOMESTIC VIO- ing violence, and their children and depend- persons affected by the victimization. LENCE COALITIONS. ents; Through such grants, the Secretary shall Section 311 of the Family Violence Preven- ‘‘(4) collaborating with, and providing in- provide for— tion and Services Act (42 U.S.C. 10411) is formation to, entities in such fields as hous- ‘‘(A) the ongoing operation of a 24-hour, amended— ing, health care, mental and substance use toll-free, national hotline; and (1) in subsection (b)(1)— disorders, social welfare, education, and law ‘‘(B) the ongoing operation of a toll-free (A) by inserting ‘‘and made available to enforcement to support the development and hotline for Indians, Indian Tribes, and Tribal carry out this section’’ before ‘‘for each fis- implementation of effective policies; organizations.’’; and cal year’’; and ‘‘(5) supporting the development and im- (B) in the second sentence, by striking (B) by inserting ‘‘and made available’’ be- plementation of effective policies, protocols, ‘‘The Secretary’’ and inserting the following: fore ‘‘for such fiscal year’’; legislation, codes, and programs that address ‘‘(2) PRIORITY.—The Secretary’’; (2) in subsection (d)— the safety and support needs of adult and (2) in subsection (d)— (A) in paragraph (4), by striking ‘‘mental youth Tribal victims of family violence, do- (A) in paragraph (2)— health, social welfare, or business’’ and in- mestic violence, or dating violence; (i) in the matter preceding subparagraph serting ‘‘mental and substance use disorders, ‘‘(6) encouraging appropriate responses to (A), by striking ‘‘national’’; social welfare, education, or business’’; and cases of family violence, domestic violence, (ii) in subparagraph (E), by striking ‘‘call- (B) in paragraph (8), by striking ‘‘tribes or dating violence against adults or youth, ers’’ and inserting ‘‘individuals contacting and tribal organizations’’ and inserting by working with Tribal, State, and Federal the hotline’’; ‘‘Tribes and Tribal organizations’’; and judicial agencies and law enforcement agen- (iii) in subparagraph (F), by striking ‘‘per- (3) in subsection (h), by striking ‘‘tribes cies; sons with hearing impairments; and’’ and in- and tribal organizations’’ and inserting ‘‘(7) working with Tribal, State, and Fed- serting ‘‘individuals with disabilities, includ- ‘‘Tribes and Tribal organizations’’. eral judicial systems (including family law ing training for hotline personnel to support such access;’’; SEC. 251. GRANTS TO TRIBAL DOMESTIC VIO- judges and criminal court judges), child pro- LENCE COALITIONS. tective service agencies, and children’s advo- (iv) in subparagraph (G), by striking the semicolon at the end and inserting ‘‘; and’’; The Family Violence Prevention and Serv- cates to develop appropriate responses to and ices Act is amended by inserting after sec- child custody and visitation issues— (v) by adding at the end the following: tion 311 (42 U.S.C. 10411) the following: ‘‘(A) in cases of child exposure to family violence, domestic violence, or dating vio- ‘‘(H) a plan for utilizing other available ‘‘SEC. 311A. GRANTS TO TRIBAL DOMESTIC VIO- communications technologies, as appro- LENCE COALITIONS. lence; or priate;’’; ‘‘(a) GRANTS AUTHORIZED.—Beginning with ‘‘(B) in cases in which— (B) in paragraph (5), by striking ‘‘callers, fiscal year 2020, out of amounts appropriated ‘‘(i) family violence, domestic violence, or directly connect callers’’ and inserting ‘‘in- under section 303 and made available to dating violence is present; and dividuals contacting the hotline, directly carry out this section for a fiscal year, the ‘‘(ii) child abuse is present; connect such individuals’’; and Secretary shall award grants to eligible enti- ‘‘(8) providing information to the public (C) in paragraph (6), by inserting ‘‘appro- ties in accordance with this section. about prevention of family violence, domes- priate’’ before ‘‘services to underserved’’; and ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to tic violence, and dating violence within In- (3) in subsection (e)— receive a grant under this section, an entity dian Tribes; and (A) in paragraph (1), by striking ‘‘hotline shall be a Tribal Domestic Violence Coali- ‘‘(9) carrying out other activities, as the to’’ and inserting ‘‘hotline under subsection tion that is recognized by the Office on Vio- Secretary determines applicable and appro- (a)(1)(A), or a toll-free telephone hotline lence Against Women of the Department of priate.’’. under subsection (a)(1)(B), to’’; and Justice and that provides services to Indian SEC. 252. SPECIALIZED SERVICES FOR ABUSED (B) in paragraph (2)— Tribes. PARENTS AND THEIR CHILDREN. (i) in subparagraph (B), by striking ‘‘call- ‘‘(c) APPLICATION.—Each Tribal Domestic Section 312 of the Family Violence Preven- ers on a 24-hour-a-day basis, and directly Violence Coalition desiring a grant under tion and Services Act (42 U.S.C. 10412) is connect callers’’ and inserting ‘‘individuals this section shall submit an application to amended— contacting the hotline, and directly connect the Secretary at such time, in such manner, (1) in subsection (a)(2), by striking ‘‘2 such individuals’’; and containing such information as the Sec- years’’ each place it appears and inserting ‘‘3 (ii) in subparagraph (C), by striking ‘‘call- retary may require. The application sub- years’’; and ers’’ and inserting ‘‘individuals’’; and mitted by the coalition for the grant shall (2) in subsection (b)— (iii) by striking subparagraph (D) and in- provide documentation of the coalition’s (A) by striking ‘‘local agency’’ and insert- serting the following: work, demonstrating that the coalition— ing ‘‘State, local, or Tribal agency’’ ; and ‘‘(D) shall widely publicize the hotline, and ‘‘(1) meets all the applicable requirements (B) by striking ‘‘tribal’’ and inserting other available communications tech- set forth in this section; and ‘‘Tribal’’; nologies utilized by the hotline, as appro- ‘‘(2) has the ability to conduct all activi- (3) in subsection (c)(2), by inserting before priate, in accessible formats, including for- ties described in this section, as indicated the semicolon ‘‘, which such services shall mats accessible to individuals with disabil- by— utilize trauma-informed care approaches, as ities, as appropriate;’’. ‘‘(A) documented experience in admin- appropriate, and may include supporting the istering Federal grants to conduct the ac- caregiving capacity of adult victims’’; and SEC. 254. DOMESTIC VIOLENCE PREVENTION EN- (4) in subsection (d)(2)— HANCEMENT AND LEADERSHIP tivities described in subsection (d); or THROUGH ALLIANCES. ‘‘(B) a documented history of activities to (A) in subparagraph (A), by striking ‘‘men- Section 314 of the Family Violence Preven- further the purposes of this section set forth tal health’’ and inserting ‘‘mental and sub- tion and Services Act (42 U.S.C. 10414) is in subsection (d). stance use disorder’’; and amended— ‘‘(d) USE OF FUNDS.—A Tribal Domestic Vi- (B) in subparagraph (C), by adding ‘‘and re- (1) by striking subsection (a) and inserting olence Coalition that receives a grant under ferrals’’ before the period at the end; and the following: this section may use the grant funds for ad- (5) by adding at the end the following: ‘‘(a) IN GENERAL.—The Secretary, acting ministration and operation of activities to ‘‘(f) DEFINITION.—In this section, the term through the Director of the Centers for Dis- further the purposes of preventing and ad- ‘child’ includes a youth under age 18.’’. ease Control and Prevention, shall enter into dressing family violence, domestic violence, SEC. 253. NATIONAL DOMESTIC VIOLENCE HOT- cooperative agreements with State Domestic and dating violence, including— LINE GRANT. Violence Coalitions, which may partner with ‘‘(1) working with local Tribal family vio- Section 313 of the Family Violence Preven- local entities carrying out programs, to— lence, domestic violence, or dating violence tion and Services Act (42 U.S.C. 10413) is ‘‘(1) build capacity at the organizational, service programs and providers of direct amended— State, Tribal, or local level for primary and services to encourage appropriate and com- (1) in subsection (a)— secondary prevention of family violence, do- prehensive responses to family violence, do- (A) by striking ‘‘(a)’’ and all that follows mestic violence, and dating violence; or mestic violence, and dating violence against through the end of the first sentence and in- ‘‘(2) scale up, or replicate, evidence-based, adults or youth within the Indian Tribes serting the following: evidence-informed, or promising primary served, including working by providing ‘‘(a) GRANTS.— prevention strategies and models to prevent training and technical assistance and con- ‘‘(1) IN GENERAL.—The Secretary shall family violence, domestic violence, and dat- ducting Tribal needs assessments; award grants to 1 or more private entities to ing violence.’’; ‘‘(2) participating in planning and moni- provide for the ongoing operation of toll-free (2) in subsection (d)— toring the distribution of subgrants and telephone hotlines, including hotlines that (A) in paragraph (1), by inserting ‘‘or Trib- subgrant funds within the State under sec- utilize other available communication tech- al Domestic Violence Coalition’’ before the tion 308(a); nologies, as appropriate, for the purposes of semicolon; and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4837 (B) in paragraph (2)— (6) by adding at the end the following: zation whose primary purpose is providing (i) in subparagraph (A), by striking ‘‘and ‘‘(i) TRAINING AND DISSEMINATION OF INFOR- culturally appropriate services to victims of State or local health departments’’; MATION.—Not later than one year after the family violence, domestic violence, or dating (ii) in subparagraph (D), by inserting ‘‘, in- date of enactment of the CAPTA Reauthor- violence from specific underserved commu- cluding the juvenile justice system’’ before ization Act of 2020, and at least annually nities; or the semicolon; thereafter, the Secretary, acting through the ‘‘(B) a community-based organization that (iii) in subparagraph (G), by striking ‘‘and’’ Director of the Centers for Disease Control can partner with an organization having at the end; and and Prevention, in consultation with the As- demonstrated expertise in serving victims of (iv) by striking subparagraph (H) and in- sistant Secretary of the Administration for family violence, domestic violence, or dating serting the following: Children and Families, shall disseminate in- violence; and ‘‘(H) community-based organizations, information, including information related to ‘‘(2) have a board of directors and staff cluding those serving racial and ethnic mi- training, to State domestic violence coali- which are reflective of, or have experience nority populations; tions, and other stakeholders, related to working with, the communities in which the ‘‘(I) child- and youth-serving organiza- building organizational capacity and leader- entity will provide services through a grant tions; ship in the fields of primary and secondary under this section. ‘‘(J) health departments and public health prevention of family violence, domestic vio- ‘‘(f) TERM.—The Secretary shall award organizations; and lence, and dating violence. grants under this section for a period of 3 ‘‘(K) other pertinent sectors.’’; ‘‘(j) MINIMUM AMOUNT FOR SUBCON- years, and may extend such period for not (3) in subsection (e)— TRACTING.—The Secretary may, as appro- more than 2 years, as appropriate. (A) by redesignating paragraphs (1) priate, reduce the percentage described in ‘‘(g) REPORTS AND EVALUATION.—Each eli- through (5), and paragraph (6), as paragraphs subsection (g)(3)(G) that an organization gible entity receiving a grant under this sec- (2) through (6), and paragraph (8), respec- that enters into a cooperative agreement tion shall submit a report to the Secretary, tively; under this section is required to use in ac- at such time as the Secretary shall reason- (B) by inserting before paragraph (2), as so cordance with such subsection to a percent- ably require, describing the activities car- redesignated, the following: age not less than 25 percent.’’. ried out using the funds of such grant, iden- ‘‘(1) in the case of an applicant applying for SEC. 255. GRANTS TO ENHANCE SERVICES FOR tifying progress towards achieving perform- a grant under the authority of subsection UNDERSERVED COMMUNITIES. ance measures, and providing such addi- (a)(2), identifies comprehensive evidence- The Family Violence Prevention and Serv- tional information as the Secretary may rea- based, evidence-informed, or promising pri- ices Act (42 U.S.C. 10401 et seq.) is further sonably require. mary prevention strategies and models to be amended by adding at the end the following: ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— used and partner organizations who will de- There are authorized to be appropriated to velop, expand, or replicate programs to pre- ‘‘SEC. 315. GRANTS TO ENHANCE SERVICES FOR UNDERSERVED COMMUNITIES. carry out this section such sums as may be vent family violence, domestic violence, or necessary for each of fiscal years 2020 ‘‘(a) IN GENERAL.—The Secretary shall, as dating violence;’’; through 2025.’’. (C) in paragraph (3), as so redesignated, by appropriate, award grants to eligible entities inserting ‘‘, including underserved popu- to assist communities in preventing and ad- SA 2535. Mrs. CAPITO (for herself lations’’ before the semicolon; dressing family violence, domestic violence, and dating violence in underserved commu- and Ms. COLLINS) submitted an amend- (D) in paragraph (6), as so redesignated, by ment intended to be proposed to striking ‘‘and’’ at the end; and nities. (E) by inserting after paragraph (6), as so ‘‘(b) USE OF FUNDS.—In carrying out sub- amendment SA 2499 proposed by Mr. redesignated, the following: section (a), the Secretary shall award grants MCCONNELL to the bill S. 178, to con- ‘‘(7) demonstrates that the applicant will to eligible entities for supporting programs demn gross human rights violations of build organizational and statewide capacity, based in underserved communities to estab- ethnic Turkic Muslims in Xinjiang, and as applicable, for primary and secondary pre- lish or enhance family violence, domestic vi- calling for an end to arbitrary deten- vention of family violence, domestic vio- olence, and dating violence intervention and tion, torture, and harassment of these prevention efforts that address family violence, and dating violence; and’’; communities inside and outside China; (4) in subsection (f), by striking ‘‘organiza- lence, domestic violence, and dating violence tions in States geographically dispersed’’ in underserved communities, including by which was ordered to lie on the table; and inserting ‘‘organizations in States or In- providing culturally appropriate services, as as follows: dian-serving organizations that, collectively, appropriate. At the appropriate place, insert the fol- are geographically dispersed’’; ‘‘(c) APPLICATION.—An eligible entity seek- lowing: (5) in subsection (g)— ing a grant under this section shall submit TITLE ll— (A) in paragraph (2)(A), by inserting before an application to the Secretary at such time, DEPARTMENT OF HEALTH AND HUMAN the semicolon the following: ‘‘, which may in such manner, and containing such infor- SERVICES include facilitating the provision of tech- mation as the Secretary may reasonably re- SUBSTANCE ABUSE AND MENTAL HEALTH nical assistance from other grantees that quire. Such application shall include— SERVICES ADMINISTRATION enter into a cooperative agreement under ‘‘(1) a description of how the funds of the subsection (a)’’; and grant will be used to support culturally-ap- HEALTH SURVEILLANCE AND PROGRAM SUPPORT (B) in paragraph (3)— propriate, community-based programs pro- For an additional amount for ‘‘Health Sur- (i) in subparagraph (C), by inserting ‘‘as viding access to shelter or supportive serv- veillance and Program Support’’, applicable,’’ after ‘‘communities,’’; ices, including for activities related to plan- $4,500,000,000, to remain available through (ii) in subparagraph (D)— ning, prevention, and capacity building; September 30, 2021, to prevent, prepare for, (I) in the matter preceding clause (i), by ‘‘(2) an assessment of any barriers that pre- and respond to coronavirus, domestically or striking ‘‘conduct comprehensive, evidence- vent underserved individuals or communities internationally: Provided, That of the informed primary prevention programs’’ and from accessing other resources to prevent amount appropriated under this heading in inserting ‘‘implement evidence-based, evi- and address family violence, domestic vio- this Act, $1,500,000,000 shall be for grants for dence-informed primary prevention pro- lence, and dating violence and a description the substance abuse prevention and treat- grams’’; and of how the entity intends to address such ment block grant program under subpart II (II) in clause (vi), by inserting ‘‘prevention barriers; and of part B of title XIX of the Public Health strategies and’’ before ‘‘information’’; ‘‘(3) a demonstration of the ability of the Service Act (‘‘PHS Act’’): Provided further, (iii) in subparagraph (E)— entity to establish, or work with, other com- That of the amount appropriated under this (I) by striking ‘‘utilize evidence-informed’’ munity-based organizations and coalitions. heading in this Act, $2,000,000,000 shall be for and inserting ‘‘implement evidence-based or ‘‘(d) TECHNICAL ASSISTANCE AND TRAIN- grants for the community mental health evidence-informed’’; and ING.—The Secretary may enter into coopera- services block grant program under subpart I (II) by striking ‘‘; and’’ and inserting a tive agreements or contracts with organiza- of part B of title XIX of the PHS Act: Pro- semicolon; tions to provide training and technical as- vided further, That of the amount appro- (iv) in subparagraph (F), by striking the sistance to eligible entities receiving grants priated in the previous proviso, the Assistant period at the end and inserting ‘‘; and’’; and under this section, as appropriate. Secretary is directed to provide no less than (v) by adding at the end the following: ‘‘(e) ELIGIBLE ENTITIES.—To be eligible to 50 percent of funds directly to facilities de- ‘‘(G) use an amount (subject to subsection receive a grant under this section, an entity fined in section 1913(c) of the PHS Act: Pro- (j)) that is not less than 30 percent of the shall— vided further, That of the amount appro- funds awarded through such agreement (ex- ‘‘(1) be a private nonprofit, nongovern- priated under this heading in this Act, not cluding funds awarded for the initial year of mental organization that is— less than $600,000,000 is available for Certified the agreement) to subcontract with local ‘‘(A) a community-based organization that Community Behavioral Health Clinic Expan- family violence and domestic violence pro- provides culturally appropriate services to sion Grant program: Provided further, That of grams, or other community-based programs, victims of family violence, domestic vio- the amount appropriated under this heading to develop and implement such project.’’; lence, or dating violence from underserved in this Act, not less than $50,000,000 shall be and communities, which may include an organi- available for suicide prevention programs:

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00159 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.052 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4838 CONGRESSIONAL RECORD — SENATE August 4, 2020 Provided further, That of the amount appro- is available for activities authorized under ments under subparagraph (A)(i) notwith- priated under this heading in this Act, section 501(o) of the PHS Act: Provided fur- standing any arrest or conviction under Fed- $100,000,000 shall be for activities and serv- ther, That from within the amount appro- eral, State, or Tribal law of an owner of not ices under Project AWARE: Provided further, priated under this heading in this Act in the less than 20 percent of the equity of the enti- That of the amount appropriated under this previous provisos, a total of not less than ty or organization, unless the owner is incar- heading in this Act, not less than $250,000,000 $15,000,000 shall be allocated to tribes, tribal cerated on the date on which the entity or is available for activities authorized under organizations, urban Indian health organiza- organization applies for assistance made section 501(o) of the PHS Act: Provided fur- tions, or health or behavioral health service available under this section; and ther, That from within the amount appro- providers to tribes: Provided further, That (II) an individual who meets the require- priated under this heading in this Act in the with respect to the amount appropriated ments under subparagraph (A)(ii) notwith- previous provisos, a total of not less than under this heading in this Act the Substance standing an arrest or conviction under Fed- $15,000,000 shall be allocated to tribes, tribal Abuse and Mental Health Services Adminis- eral, State, or Tribal law of the individual, organizations, urban Indian health organiza- tration may waive requirements with respect unless the individual is incarcerated on the tions, or health or behavioral health service to allowable activities, timelines, or report- date on which the individual applies for as- providers to tribes: Provided further, That ing requirements for the Substance Abuse sistance made available under this section. with respect to the amount appropriated Prevention and Treatment Block Grant and (ii) FINANCIAL FRAUD OR DECEPTION.—Not- under this heading in this Act the Substance the Community Mental Health Services withstanding clause (i), the term ‘‘eligible Abuse and Mental Health Services Adminis- Block Grant as deemed necessary to facili- entity’’ does not include— tration may waive requirements with respect tate a grantee’s response to coronavirus: Pro- (I) a privately-held business entity or non- to allowable activities, timelines, or report- vided further, That such amount is des- profit organization if, during the 5-year pe- ing requirements for the Substance Abuse ignated by the Congress as being for an riod preceding the date on which the busi- Prevention and Treatment Block Grant and emergency requirement pursuant to section ness or organization applies for assistance the Community Mental Health Services 251(b)(2)(A)(i) of the Balanced Budget and made available under this section, an owner Block Grant as deemed necessary to facili- Emergency Deficit Control Act of 1985. of not less than 20 percent of the equity of tate a grantee’s response to coronavirus: Pro- the entity or organization was convicted of vided further, That such amount is des- SA 2537. Mr. DAINES submitted an an offense involving financial fraud or decep- ignated by the Congress as being for an amendment intended to be proposed to tion under Federal, State, or Tribal law that emergency requirement pursuant to section amendment SA 2499 proposed by Mr. is punishable by imprisonment for a term of more than 1 year; or 251(b)(2)(A)(i) of the Balanced Budget and MCCONNELL to the bill S. 178, to con- Emergency Deficit Control Act of 1985. (II) an individual if, during the 5-year pe- demn gross human rights violations of riod preceding the date on which the indi- SA 2536. Mrs. CAPITO (for herself ethnic Turkic Muslims in Xinjiang, and vidual applies for assistance made available calling for an end to arbitrary deten- under this section, the individual was con- and Ms. COLLINS) submitted an amend- tion, torture, and harassment of these victed of an offense involving financial fraud ment intended to be proposed by her to or deception under Federal, State, or Tribal the bill S. 178, to condemn gross human communities inside and outside China; which was ordered to lie on the table; law that is punishable by imprisonment for a rights violations of ethnic Turkic Mus- term of more than 1 year. as follows: lims in Xinjiang, and calling for an end (3) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— to arbitrary detention, torture, and At the appropriate place, insert the fol- The term ‘‘eligible self-employed individual’’ harassment of these communities in- lowing: has the meaning given the term in section side and outside China; which was or- SEC. lll. SMALL BUSINESS LOCAL RELIEF 7(a)(36)(A) of the Small Business Act (15 PROGRAM. U.S.C. 636(a)(36)(A)). dered to lie on the table; as follows: (a) DEFINITIONS.—In this section: (4) ENTITLEMENT COMMUNITY.—The term At the appropriate place, insert the fol- (1) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘entitlement community’’ means a metro- lowing: trator’’ means the Administrator of the politan city or urban county, as those terms TITLE ll— Small Business Administration. are defined in section 102 of the Housing and DEPARTMENT OF HEALTH AND HUMAN (2) ELIGIBLE ENTITY.— Community Development Act of 1974 (42 SERVICES (A) IN GENERAL.—The term ‘‘eligible enti- U.S.C. 5302). ty’’— (5) EXCHANGE; ISSUER; SECURITY.—The SUBSTANCE ABUSE AND MENTAL HEALTH (i) means a privately-held business entity terms ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ SERVICES ADMINISTRATION or nonprofit organization that, taking into have the meanings given the terms in sec- HEALTH SURVEILLANCE AND PROGRAM SUPPORT consideration the principles under section tion 3(a) of the Securities Exchange Act of For an additional amount for ‘‘Health Sur- 121.301(f) of title 13, Code of Federal Regula- 1934 (15 U.S.C. 78c(a)). veillance and Program Support’’, tions, or any successor regulation— (6) FULL-TIME EQUIVALENT EMPLOYEES.— $4,500,000,000, to remain available through (I) employs— (A) IN GENERAL.—The term ‘‘full-time September 30, 2021, to prevent, prepare for, (aa) not more than 20 full-time equivalent equivalent employees’’ means a number of and respond to coronavirus, domestically or employees; or employees equal to the number determined internationally: Provided, That of the (bb) if the entity or organization is located by dividing— amount appropriated under this heading in in a low-income community, not more than (i) the total number of hours of service for this Act, $1,500,000,000 shall be for grants for 50 full-time equivalent employees; which wages were paid by the employer to the substance abuse prevention and treat- (II) has experienced a loss of revenue as a employees during the taxable year; by ment block grant program under subpart II result of the COVID–19 pandemic, according (ii) 2,080. of part B of title XIX of the Public Health to criteria established by the Secretary; and (B) ROUNDING.—The number determined Service Act (‘‘PHS Act’’): Provided further, (III) with respect to such an entity or orga- under subparagraph (A) shall be rounded to That of the amount appropriated under this nization that receives assistance from a the next lowest whole number if not other- heading in this Act, $2,000,000,000 shall be for small business emergency fund, satisfies ad- wise a whole number. grants for the community mental health ditional requirements, as determined by the (C) EXCESS HOURS NOT COUNTED.—If an em- services block grant program under subpart I State, unit of general local government, In- ployee works in excess of 2,080 hours of serv- of part B of title XIX of the PHS Act: Pro- dian Tribe, or other entity that has estab- ice during any taxable year, such excess vided further, That of the amount appro- lished the small business emergency fund; shall not be taken into account under sub- priated in the previous proviso, the Assistant (ii) includes an individual who operates paragraph (A). Secretary is directed to provide no less than under a sole proprietorship, an individual (D) HOURS OF SERVICE.—The Secretary, in 50 percent of funds directly to facilities de- who operates as an independent contractor, consultation with the Secretary of Labor, fined in section 1913(c) of the PHS Act: Pro- and an eligible self-employed individual if shall prescribe such regulations, rules, and vided further, That of the amount appro- such an individual has experienced a loss of guidance as may be necessary to determine priated under this heading in this Act, not revenue as a result of the COVID–19 pan- the hours of service of an employee, includ- less than $600,000,000 is available for Certified demic, according to criteria established by ing rules for the application of this para- Community Behavioral Health Clinic Expan- the Secretary; and graph to employees who are not compensated sion Grant program: Provided further, That of (iii) does not include an issuer, the securi- on an hourly basis. the amount appropriated under this heading ties of which are listed on a national securi- (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ in this Act, not less than $50,000,000 shall be ties exchange. has the meaning given the term ‘‘Indian available for suicide prevention programs: (B) TREATMENT OF CERTAIN CRIMINAL VIOLA- tribe’’ in section 102 of the Housing and Com- Provided further, That of the amount appro- TIONS.— munity Development Act of 1974 (42 U.S.C. priated under this heading in this Act, (i) ARRESTS OR CONVICTIONS.—Except as 5302). $100,000,000 shall be for activities and serv- provided in clause (ii), the term ‘‘eligible en- (8) LOW-INCOME COMMUNITY.—The term ices under Project AWARE: Provided further, tity’’ includes— ‘‘low-income community’’ has the meaning That of the amount appropriated under this (I) a privately-held business entity or non- given the term in section 45D(e) of the Inter- heading in this Act, not less than $250,000,000 profit organization that meets the require- nal Revenue Code of 1986.

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(9) MINORITY.—The term ‘‘minority’’ has formula under section 106(b) of the Housing general local government, or that Indian the meaning given the term in section and Community Development Act of 1974 (42 Tribe (or entity designated thereby), respec- 1204(c)(3) of the Financial Institutions Re- U.S.C. 5306(b)); and tively; form, Recovery, and Enforcement Act of 1989 (II) 30 percent shall be allocated to States, (ii) to provide funding to support organiza- (12 U.S.C. 1811 note). for use in nonentitlement areas, in accord- tions that provide technical assistance to el- (10) MINORITY-OWNED ENTITY.—The term ance with the formula under section 106(d)(1) igible entities; or ‘‘minority-owned entity’’ means an entity— of the Housing and Community Development (iii) subject to subparagraph (B), to pay for (A) more than 50 percent of the ownership Act of 1974 (42 U.S.C. 5306(d)(1)). administrative costs incurred by that State or control of which is held by not less than (ii) RURAL BONUS FORMULA FOR STATES.— (or entity designated thereby), that unit of 1 minority; and The Secretary shall allocate the amount al- general local government (or entity des- (B) more than 50 percent of the net profit located under subparagraph (A)(ii) to States, ignated thereby), that entity designated by a or loss of which accrues to not less than 1 for use in nonentitlement areas, in accord- unit of general local government, or that In- minority. ance with the formula under section 106(d)(1) dian Tribe (or entity designated thereby), re- (11) NATIONAL SECURITIES EXCHANGE.—The of the Housing and Community Development spectively, in establishing and administering term ‘‘national securities exchange’’ means Act of 1974 (42 U.S.C. 5306(d)(1)). a small business emergency fund. an exchange that is registered under section (iii) COMPETITIVE AWARDS TO INDIAN (B) LIMITATION.—A State, unit of general 6 of the Securities Exchange Act of 1934 (15 TRIBES.— local government, entity designated by a U.S.C. 78f). (I) IN GENERAL.—The Secretary of Housing unit of general local government, or Indian (12) NONENTITLEMENT AREA; STATE; UNIT OF and Urban Development shall allocate to In- Tribe may not use more than 3 percent of an GENERAL LOCAL GOVERNMENT.— dian Tribes on a competitive basis the allocation received under paragraph (1) for a (A) IN GENERAL.—Except as provided in amount allocated under subparagraph purpose described in subparagraph (A)(iii) of subparagraph (B), the terms ‘‘nonentitle- (A)(iii). this paragraph. ment area’’, ‘‘State’’, and ‘‘unit of general (II) REQUIREMENTS.—In making allocations (C) OBLIGATION DEADLINES.— local government’’ have the meanings given under subclause (I), the Secretary of Housing (i) STATES.—Of the amounts that a State those terms in section 102 of the Housing and and Urban Development shall, to the great- elects under paragraph (1)(C)(ii)(I)(bb) to re- Community Development Act of 1974 (42 est extent practicable, ensure that each In- serve for use by the State under this para- U.S.C. 5302). dian Tribe that satisfies requirements estab- graph— (B) STATE.—For purposes of subparagraphs lished by the Secretary of Housing and (I) any amounts that the State provides to (A)(ii) and (B)(ii) of subsection (c)(1), the Urban Development receives such an alloca- a small business emergency fund under sub- term ‘‘State’’ means any State of the United tion. paragraph (A)(i) of this paragraph shall be States. (C) STATE ALLOCATIONS FOR NONENTITLE- obligated by the small business emergency (13) PROGRAM.—The term ‘‘Program’’ MENT AREAS.— fund for expenditure not later than 90 days means the Small Business Local Relief Pro- (i) EQUITABLE ALLOCATION.—To the greatest after the date on which the State received gram established under this section. extent practicable, a State shall allocate the amounts from the Secretary under (14) SECRETARY.—The term ‘‘Secretary’’ amounts for nonentitlement areas under clause (i) or (ii) of paragraph (1)(A); and means the Secretary of the Treasury. clauses (i)(II) and (ii) of subparagraph (B) on (II) any amounts that the State chooses to (15) SMALL BUSINESS EMERGENCY FUND.— an equitable basis. provide to an organization under subpara- The term ‘‘small business emergency fund’’ (ii) DISTRIBUTION OF AMOUNTS.— graph (A)(ii) of this paragraph, or to use to means a fund or program— (I) DISCRETION.—Not later than 14 days pay for administrative costs under subpara- (A) established by a State, a unit of gen- after the date on which a State receives graph (A)(iii) of this paragraph, shall be obli- eral local government, an Indian Tribe, or an amounts for use in a nonentitlement area gated by the State for expenditure not later entity designated by a State, unit of general under clause (i)(II) or (ii) of subparagraph than 90 days after the date on which the local government, or Indian Tribe; and (B), the State shall— State received the amounts from the Sec- (B) that provides or administers financing (aa) distribute the amounts, or a portion retary under clause (i) or (ii) of paragraph to eligible entities (including any particular thereof, to a unit of general local govern- (1)(A). class or category of eligible entities deter- ment located in the nonentitlement area, or (ii) ENTITLEMENT COMMUNITIES.—Of the mined appropriate by the entity establishing an entity designated thereby, that has estab- amounts that an entitlement community re- the fund or program) in the form of grants, lished or will establish a small business ceives from the Secretary under paragraph low-interest loans, or other means in accord- emergency fund, for use under paragraph (2); (1)(B)(i)(I)— ance with the needs of eligible entities and or (I) any amounts that the entitlement com- the capacity of the fund or program. (bb) elect to reserve the amounts, or a por- munity provides to a small business emer- (16) WOMEN-OWNED ENTITY.—The term tion thereof, for use by the State under para- gency fund under subparagraph (A)(i) of this ‘‘women-owned entity’’ means an entity— graph (2) for the benefit of eligible entities paragraph shall be obligated by the small (A) more than 50 percent of the ownership located in the nonentitlement area. business emergency fund for expenditure not or control of which is held by not less than (II) UNITS OF GENERAL LOCAL GOVERNMENT later than 90 days after the date on which 1 woman; and WITH SMALL BUSINESS EMERGENCY FUNDS.—In the entitlement community received the (B) more than 50 percent of the net profit distributing amounts under subclause (I), in amounts; and or loss of which accrues to not less than 1 the case of amounts allocated for a non- (II) any amounts that the entitlement woman. entitlement area in which a unit of general community chooses to provide to an organi- (b) ESTABLISHMENT.—There is established local government or an entity designated zation under subparagraph (A)(ii) of this in the Department of the Treasury the Small thereby has established a small business paragraph, or to use to pay for administra- Business Local Relief Program, the purpose emergency fund and has demonstrated an tive costs under subparagraph (A)(iii) of this of which is to allocate resources to States, ability to administer that fund efficiently paragraph, shall be obligated by the entitle- units of general local government, and In- and effectively, a State shall, as quickly as ment community for expenditure not later dian Tribes to provide assistance to eligible is practicable, distribute an equitable than 90 days after the date on which the en- entities and organizations that assist eligi- amount to that unit of general local govern- titlement community received the amounts. ble entities. ment or entity, respectively, as described in (iii) NONENTITLEMENT COMMUNITIES.—Of the (c) FUNDING.— item (aa) of that subclause. amounts that a unit of general local govern- (1) FUNDING TO STATES, LOCALITIES, AND IN- (iii) TREATMENT OF STATES NOT ACTING AS ment, or an entity designated thereby, lo- DIAN TRIBES.— PASS-THROUGH AGENTS UNDER CDBG.—The Sec- cated in a nonentitlement area receives from (A) IN GENERAL.—Of the amounts made retary shall allocate amounts to a State a State under paragraph (1)(C)(ii)(I)(aa)— available to carry out the Program under under this paragraph without regard to (I) any amounts that the unit of general subsection (i), the Secretary shall allocate— whether the State has elected to distribute local government or entity provides to a (i) $35,000,000,000 to States and units of gen- amounts allocated under section 106(d)(1) of small business emergency fund under sub- eral local government in accordance with the Housing and Community Development paragraph (A)(i) of this paragraph shall be subparagraph (B)(i); Act of 1974 (42 U.S.C. 5306(d)(1)). obligated by the small business emergency (ii) $15,000,000,000 to States in accordance (2) USE OF FUNDS.— fund for expenditure not later than 90 days with subparagraph (B)(ii); and (A) IN GENERAL.—A State, unit of general after the date on which the State received (iii) $500,000,000 to the Secretary of Housing local government, entity designated by a the amounts from the Secretary under and Urban Development for allocations to unit of general local government, or Indian clause (i) or (ii) of paragraph (1)(A); and Indian Tribes in accordance with subpara- Tribe that receives an allocation under para- (II) any amounts that the unit of general graph (B)(iii). graph (1), whether directly or indirectly, local government or entity chooses to pro- (B) ALLOCATIONS.— may use that allocation— vide to a support organization under sub- (i) FORMULA FOR STATES AND UNITS OF GEN- (i) to provide funding to a small business paragraph (A)(ii) of this paragraph or to use ERAL LOCAL GOVERNMENT.—Of the amount al- emergency fund established by that State (or to pay for administrative costs under sub- located under subparagraph (A)(i)— entity designated thereby), that unit of gen- paragraph (A)(iii) of this paragraph shall be (I) 70 percent shall be allocated to entitle- eral local government (or entity designated obligated by the unit of general local government communities in accordance with the thereby), that entity designated by a unit of ment or entity for expenditure not later

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00161 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.048 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4840 CONGRESSIONAL RECORD — SENATE August 4, 2020 than 90 days after the date on which the (ii) in the case of an eligible entity who is made available under the Program has failed State received the amounts from the Sec- an individual, a woman or a minority; and to comply with a requirement of this secretary under clause (i) or (ii) of paragraph (B) maintain a record of the responses to tion, the amount equal to the amount of (1)(A). each inquiry conducted under subparagraph funds used in violation of this section shall (D) RECOVERY OF UNOBLIGATED FUNDS.—If a (A), which the entity shall promptly submit be booked as a debt of that entity owed to State, entitlement community, other unit of to the applicable State, unit of general local the Federal Government and, when recouped, general local government, entity designated government, or Indian Tribe. shall be deposited in the General Fund of the by a unit of general local government, or (2) RIGHT TO REFUSE.—An eligible entity Treasury. small business emergency fund fails to obli- may refuse to provide any information re- (2) GAO.—Not later than 1 year after the gate amounts by the applicable deadline quested under paragraph (1)(A). date on which the Program terminates under under subparagraph (C), the Secretary shall (f) REPORTING.— subsection (j), the Comptroller General of recover the amount of those amounts that (1) IN GENERAL.—Not later than 30 days the United States shall conduct a review of remain unobligated, as of that deadline. after the date on which a State, unit of gen- the Program and submit to the appropriate (E) COLLABORATION.—It is the sense of Con- eral local government, or Indian Tribe ini- committees of Congress a report that congress that— tially receives an allocation made under sub- tains the results of that review. (i) an entitlement community that re- section (c), and not later than 14 days after (i) APPROPRIATION.— ceives amounts allocated under paragraph the date on which that State, unit of local (1) IN GENERAL.—There are appropriated to (1)(B)(i)(I) should collaborate with the appli- government, or Indian Tribe completes the the Secretary for fiscal year 2020, out of cable local entity responsible for economic full expenditure of that allocation, that amounts in the Treasury not otherwise ap- development and small business development State, unit of general local government, or propriated, $50,500,000,000 to carry out the in establishing and administering a small Indian Tribe shall submit to the Secretary a Program, which shall remain available until business emergency fund; and report that includes— the termination date described in subsection (ii) States, units of general local govern- (A) the number of recipients of assistance (j). ment (including units of general local gov- made available from the allocation; (2) APPLICATION OF PROVISIONS.—Amounts ernment located inside and outside non- (B) the total amount, and type, of assist- appropriated under paragraph (1) shall be entitlement areas), and Indian Tribes that ance made available from the allocation; subject to the requirements contained in the receive amounts under paragraph (1) and are (C) to the extent applicable, with respect Further Consolidated Appropriations Act, located in the same region should collabo- to each recipient described in subparagraph 2020 (Public Law 116–94) for funds for pro- rate in establishing and administering small (A), information regarding the industry of grams authorized under sections 330 through business emergency funds. the recipient, the amount of assistance re- 340 of the Public Health Service Act (42 (d) SMALL BUSINESS EMERGENCY FUNDS.— ceived by the recipient, the annual sales of U.S.C. 254b through 256). With respect to a small business emergency the recipient, and the number of employees (j) TERMINATION.—The Program, and any fund that receives funds from an allocation of the recipient; rules and guidance issued under subsection made under subsection (c)— (D) to the extent available from informa- (g) with respect to the Program, shall termi- (1) the small business emergency fund shall tion collected under subsection (e), informa- nate on the date that is 1 year after the date establish, and make publicly available, tion regarding the number of recipients de- of enactment of this Act. guidelines with respect to the receipt of as- scribed in subparagraph (A) that are minor- sistance from the fund, including— ity-owned entities, minorities, women, and Mr. GRAHAM submitted an (A) eligibility to receive that assistance; SA 2538. women-owned entities; amendment intended to be proposed to and (E) the zip code of each recipient described (B) financing terms and document reten- in subparagraph (A); and amendment SA 2499 proposed by Mr. tion requirements with respect to a recipient (F) any other information that the Sec- MCCONNELL to the bill S. 178, to con- of that assistance; retary, in the sole discretion of the Sec- demn gross human rights violations of (2) if the small business emergency fund retary, determines to be necessary to carry ethnic Turkic Muslims in Xinjiang, and makes a loan to an eligible entity with those out the Program. calling for an end to arbitrary deten- funds, the small business emergency fund (2) PUBLIC AVAILABILITY.—As soon as is tion, torture, and harassment of these may use amounts returned to the small busi- practicable after receiving each report sub- ness emergency fund from the repayment of communities inside and outside China; mitted under paragraph (1), the Secretary which was ordered to lie on the table; the loan to provide further assistance to eli- shall make the information contained in the gible entities, without regard to the termi- report, including all of the information de- as follows: nation date described in subsection (j); and scribed in subparagraphs (A) through (F) of Strike section 2 and insert the following: (3) the small business emergency fund— that paragraph, publicly available. SEC. 2. IMPROVEMENTS TO FEDERAL PANDEMIC (A) shall conduct outreach to eligible enti- (g) RULES AND GUIDANCE.—The Secretary, UNEMPLOYMENT COMPENSATION ties that are less likely to participate in pro- in consultation with the Administrator, TO BETTER MATCH LOST WAGES. grams established under the CARES Act shall issue any rules and guidance that are (a) EXTENSION.—Section 2104(e)(2) of the (Public Law 116–136; 134 Stat. 281) and the necessary to carry out the Program, includ- Relief for Workers Affected by Coronavirus amendments made by that Act, including ing by— Act (contained in subtitle A of title II of di- minority-owned entities, businesses in low- (1) establishing appropriate compliance vision A of the CARES Act (Public Law 116– income communities, businesses in rural and and reporting requirements, in addition to 136)) is amended by striking ‘‘July 31, 2020’’ Tribal areas, and other businesses that are the reporting requirements under subsection and inserting ‘‘December 31, 2020’’. underserved by the traditional banking sys- (f); (b) IMPROVEMENTS TO ACCURACY OF PAY- tem; (2) as soon as practicable after the date of MENTS.— (B) in providing financing to eligible enti- enactment of this Act, issuing guidance with (1) FEDERAL PANDEMIC UNEMPLOYMENT COM- ties with those funds, shall, to the maximum respect to the collection, maintenance, and PENSATION.— extent practicable, give preference to eligi- reporting of information under subsections (A) IN GENERAL.—Section 2104(b) of the Re- ble entities that have not received a loan (e) and (f) (and any requirements established lief for Workers Affected by Coronavirus Act under section 7(a)(36) of the Small Business under paragraph (1)), including— (contained in subtitle A of title II of division Act (15 U.S.C. 636(a)(36)), which shall have no (A) the means by which an entity to which A of the CARES Act (Public Law 116–136)) is effect on the ability of the eligible entity to those subsections and other requirements amended— receive a loan under such section 7(a)(36) if apply shall collect and maintain that infor- (i) in paragraph (1)(B), by striking ‘‘of the eligible entity is otherwise eligible to re- mation; and $600’’ and inserting ‘‘equal to the amount ceive such a loan; and (B) with respect to a report required under specified in paragraph (3)’’; and (C) shall adopt standards that— subsection (f), or under a requirement estab- (ii) by adding at the end the following new (i) encourage participation by the greatest lished under paragraph (1), the format that paragraph: number of eligible entities possible; and an entity to which any such requirement ap- ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM- (ii) establish a reasonable expectation of plies shall use to submit such a report; and PLOYMENT COMPENSATION.— payment with respect to financing provided (3) defining terms, other than those terms ‘‘(A) IN GENERAL.—The amount specified in to eligible entities with those funds. that are defined in subsection (a). this paragraph is the following amount with (e) INFORMATION GATHERING.— (h) OVERSIGHT.— respect to an individual: (1) IN GENERAL.—When providing assistance (1) INSPECTOR GENERAL.— ‘‘(i) For weeks of unemployment beginning to an eligible entity with funds received (A) IN GENERAL.—The Inspector General of after the date on which an agreement is en- from an allocation made under subsection the Department of the Treasury shall con- tered into under this section and ending on (c), the entity providing assistance shall— duct monitoring and oversight of the receipt, or before July 31, 2020, $600. (A) inquire whether the eligible entity is— disbursement, and use of funds under the ‘‘(ii) For weeks of unemployment begin- (i) in the case of an eligible entity that is Program. ning after the last week under clause (i) and a business entity or a nonprofit organiza- (B) RECOUPMENT.—If the Inspector General ending on or before September 28, 2020. $500. tion, a women-owned entity or a minority- of the Department of the Treasury deter- ‘‘(iii) For weeks of unemployment begin- owned entity; and mines that an entity that receives amounts ning after the last week under clause (ii) and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00162 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.048 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4841 ending on or before December 31, 2020, an after ‘‘section 2104’’ in each of paragraphs (A) in the matter preceding paragraph (1), amount (not to exceed $500) equal to one of (1)(A)(ii) and (2). by striking ‘‘provision for—’’ and inserting the following, as determined by the State for (B) PANDEMIC EMERGENCY UNEMPLOYMENT ‘‘provision for each of the following:’’; all individuals: COMPENSATION.—Section 2107 of the Relief for (B) at the end of each of paragraphs (1) ‘‘(I) Subject to subclause (II), an amount Workers Affected by Coronavirus Act (con- through (10) and paragraph (11)(B), by strik- equal to— tained in subtitle A of title II of division A ing ‘‘; and’’ and inserting a period; and ‘‘(aa) 100 percent of the individual’s aver- of the CARES Act (Public Law 116–136)) is (C) by adding at the end the following new age weekly wages; minus amended— paragraph: ‘‘(bb) the individual’s base amount (deter- (i) in subsection (a)(4)(A)(ii), by inserting ‘‘(13) The State system shall, in addition to mined prior to any reductions or offsets). ‘‘with respect to the individual’’ after ‘‘sec- meeting the requirements under section 1137, ‘‘(II) If proposed by the State as an alter- tion 2104’’; and meet the following requirements: native to subclause (I) and approved by the (ii) in subsection (b)(2), by inserting ‘‘with ‘‘(A) The system shall be capable of han- Secretary, an amount that results in the respect to the individual’’ after ‘‘section dling a surge of claims that would represent sum of the base amount and the amount of 2104’’. a twentyfold increase in claims from Janu- Federal Pandemic Unemployment Com- (c) CONSISTENT TREATMENT OF EARNINGS ary 2020 levels, occurring over a one-month pensation under this section being on aver- AND UNEMPLOYMENT COMPENSATION.—Section period. age equal to 100 percent of lost wages. 2104(h) of the Relief for Workers Affected by ‘‘(B) The system shall be capable of— ‘‘(B) BASE AMOUNT.—For purposes of this Coronavirus Act (contained in subtitle A of ‘‘(i) adjusting wage replacement levels for paragraph, the term ‘base amount’ means, title II of division A of the CARES Act (Pub- individuals receiving unemployment com- with respect to an individual, an amount lic Law 116–136)) is amended by adding at the pensation; equal to— end the following new sentence: ‘‘The pre- ‘‘(ii) adjusting weekly earnings disregards, ‘‘(i) for weeks of unemployment under the ceding sentence shall not apply to any Fed- including the ability to adjust such dis- pandemic unemployment assistance program eral Pandemic Unemployment Compensation regards in relation to an individual’s earn- under section 2102, the amount determined paid to an individual with respect to a week ings or weekly benefit amount; and under subsection (d)(1)(A)(i) or (d)(2) of such of unemployment ending on or after October ‘‘(iii) providing for wage replacement lev- section 2102, as applicable; or 5, 2020.’’. els that vary based on the duration of benefit ‘‘(ii) for all other weeks of unemployment, (d) REQUIREMENT FOR RETURN TO WORK NO- receipt. the amount determined under paragraph TIFICATION AND REPORTING.—Section 2104(b) ‘‘(C) The system shall have in place an (1)(A) of this subsection. of the Relief for Workers Affected by automated process for receiving and proc- ‘‘(C) AVERAGE WEEKLY WAGES.— Coronavirus Act (contained in subtitle A of essing claims for disaster unemployment as- ‘‘(i) IN GENERAL.—Subject to clause (ii), for title II of division A of the CARES Act (Pub- sistance under section 410(a) of the Robert T. purposes of this paragraph, the term ‘aver- lic Law 116–136)) is amended by adding at the Stafford Disaster Relief and Emergency As- age weekly wages’ means, with respect to an end the following new paragraph: sistance Act (42 U.S.C. 5177(a)), with flexi- individual, the following: ‘‘(3) Beginning 30 days after the date of en- bility to adapt rules regarding individuals el- ‘‘(I) If the State computes the individual actment of this paragraph, any agreement igible for assistance and the amount payable. weekly unemployment compensation benefit under this section shall require that the ‘‘(D) In the case of a State that makes pay- amount based on an individual’s average State has in place a process to address re- ments of short-time compensation under a weekly wages in a base period, an amount fusal to return to work or refusal of suitable short-time compensation program (as de- equal to the individual’s average weekly work that includes the following: fined in section 3306(v) of the Internal Rev- wages used in such computation. ‘‘(A) Providing a plain-language notice to enue Code of 1986), the system shall have in ‘‘(II) If the State computes the individual individuals at the time of applying for bene- place an automated process of receiving and weekly unemployment compensation benefit fits regarding State law provisions relating processing claims for short-time compensa- amount based on high quarter wages or a for- to each of the following: tion. mula using wages across some but not all ‘‘(i) Return to work requirements. ‘‘(E) The system shall have in place an quarters in a base period, an amount equal ‘‘(ii) Rights to refuse to return to work or automated process for receiving and proc- 1 to ⁄13 of such high quarter wages or average to refuse suitable work. essing claims for— wages of the applicable quarters used in the ‘‘(iii) How to contest the denial of a claim ‘‘(i) unemployment compensation for Fed- computation for the individual. that has been denied due to a claim by an eral civilian employees under subchapter I of ‘‘(III) If the State uses computations other employer that the individual refused to re- chapter 85 of title 5, United States Code; than the computations under subclause (I) or turn to work or refused suitable work. ‘‘(ii) unemployment compensation for ex- (II) for the individual weekly unemployment ‘‘(B) Providing a plain-language notice to servicemembers under subchapter II of chap- compensation benefit amount, or for com- employers through any system used by em- ter 85 of title 5, United States Code; and putations of the weekly benefit amount ployers or any regular correspondence sent ‘‘(iii) trade readjustment allowances under under the pandemic unemployment assist- to employers regarding how to notify the sections 231 through 233 of the Trade Act of ance program under section 2102, as de- State if an individual refuses to return to 1974 (19 U.S.C. 2291–2293).’’. scribed in subsection (d)(1)(A)(i) or (d)(2) of work. (2) EFFECTIVE DATE.—The amendment such section 2102, for which subclause (I) or ‘‘(C) Other items determined appropriate made by paragraph (1) shall apply to weeks (II) do not apply, an amount equal to 1⁄52 of by the Secretary of Labor.’’. of unemployment beginning on or after the the sum of all base period wages. (e) EFFECTIVE DATE.—The amendments earlier of— ‘‘(ii) SPECIAL RULE.—If more than one of made by this section (other than the amend- (A) the date the State changes its statutes, the methods of computation under sub- ment made by subsection (d)) shall take ef- regulations, or policies in order to comply clauses (I), (II), and (III) of clause (i) are ap- fect as if included in the enactment of the with such amendment; or plicable to a State, then such term shall Relief for Workers Affected by Coronavirus (B) October 1, 2023. mean the amount determined under the ap- Act (contained in subtitle A of title II of di- (b) ELECTRONIC TRANSMISSION OF UNEM- plicable subclause of clause (i) that results vision A of the CARES Act (Public Law 116– PLOYMENT COMPENSATION INFORMATION.—Sec- in the highest amount of average weekly 136)). tion 303 of the Social Security Act (42 U.S.C. wages.’’. 503) is amended by adding at the end the fol- SEC. 3. SUPPLEMENTAL EMERGENCY UNEMPLOY- (B) TECHNICAL AMENDMENT REGARDING AP- MENT RELIEF FOR GOVERNMENTAL lowing new subsection: PLICATION TO SHORT-TIME COMPENSATION PRO- ENTITIES AND NONPROFIT ORGANI- ‘‘(n) ELECTRONIC TRANSMISSION OF UNEM- GRAMS AND AGREEMENTS.—Section 2104(i)(2) ZATIONS. PLOYMENT COMPENSATION INFORMATION.— of the Relief for Workers Affected by (a) IN GENERAL.—Section 903(i)(1)(B) of the ‘‘(1) IN GENERAL.—Not later than October 1, Coronavirus Act (contained in subtitle A of Social Security Act (42 U.S.C. 1103(i)(1)(B)) is 2022, the State agency charged with adminis- title II of division A of the CARES Act (Pub- amended by striking ‘‘one-half’’ and insert- tration of the State law shall use a system lic Law 116–136)) is amended— ing ‘‘75 percent’’. developed (in consultation with stake- (i) in subparagraph (C), by striking ‘‘and’’ (b) EFFECTIVE DATE.—The amendment holders) and designated by the Secretary of at the end; made by subsection (a) shall take effect as if Labor for automated electronic transmission (ii) in subparagraph (D), by striking the pe- included in the enactment of the Relief for of requests for information relating to unem- riod at the end and inserting ‘‘; and’’; and Workers Affected by Coronavirus Act (con- ployment compensation and the provision of (iii) by adding at the end the following: tained in subtitle A of title II of division A such information between such agency and ‘‘(E) short-time compensation under sec- of the CARES Act (Public Law 116–136)). employers or their agents. tion 2108 or 2109.’’. SEC. 4. IMPROVEMENTS TO STATE UNEMPLOY- ‘‘(2) USE OF APPROPRIATED FUNDS.—The (2) CONFORMING AMENDMENTS.— MENT SYSTEMS AND STRENGTH- Secretary of Labor may use funds appro- (A) PANDEMIC UNEMPLOYMENT ASSIST- ENING PROGRAM INTEGRITY. priated for grants to States under this title ANCE.—Section 2102(d) of the Relief for Work- (a) UNEMPLOYMENT COMPENSATION SYS- to make payments on behalf of States as the ers Affected by Coronavirus Act (contained TEMS.— Secretary determines is appropriate for the in subtitle A of title II of division A of the (1) IN GENERAL.—Section 303(a) of the So- use of the system described in paragraph (1). CARES Act (Public Law 116–136)) is amended cial Security Act (42 U.S.C. 503(a)) is amend- ‘‘(3) EMPLOYER PARTICIPATION.—- The Sec- by inserting ‘‘with respect to the individual’’ ed— retary of Labor shall work with the State

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agency charged with administration of the ‘‘(1) IN GENERAL.—Not later than October 1, viding grants to States under this title for State law to increase the number of employ- 2022, the State agency charged with adminis- the administration of State laws, recognize ers using this system and to resolve any tration of the State law shall— and make awards to States for performance technical challenges with the system. ‘‘(A) compare information in the National improvement, or performance exceeding the ‘‘(4) REPORTS ON USE OF ELECTRONIC SYS- Directory of New Hires established under criteria or meeting the goals established TEM.—After the end of each fiscal year, on a section 453(i) against information about indi- under subparagraph (A); or date determined by the Secretary, each viduals claiming unemployment compensa- ‘‘(ii) to the extent the Secretary of Labor State shall report to the Secretary information to identify any such individuals who determines funds are available after pro- tion on— may have become employed, in accordance viding grants to States under this title for ‘‘(A) the proportion of employers using the with any regulations or guidance that the the administration of State laws, provide in- designated system described in paragraph (1); Secretary of Health and Human Services centive funds to high-performing States ‘‘(B) the reasons employers are not using may issue and consistent with the computer based on the measures, criteria, goals, or such system; and matching provisions of the Privacy Act of programs established under subparagraph ‘‘(C) the efforts the State is undertaking to 1974; (A). increase employer’s use of such system. ‘‘(B) take timely action to verify whether ‘‘(2) ENFORCEMENT.—Whenever the Sec- ‘‘(5) ENFORCEMENT.—Whenever the Sec- the individuals identified pursuant to sub- retary of Labor, after reasonable notice and retary of Labor, after reasonable notice and paragraph (A) are employed; and opportunity for hearing to the State agency opportunity for hearing to the State agency ‘‘(C) upon verification pursuant to subpara- charged with the administration of the State charged with the administration of the State graph (B), take appropriate action to sus- law, finds that there is a failure to comply law, finds that there is a failure to comply pend or modify unemployment compensation substantially with the requirements of para- substantially with the requirements of para- payments, and to initiate recovery of any graph (1), the Secretary of Labor shall notify graph (1), the Secretary of Labor shall notify improper unemployment compensation pay- such State agency that further payments such State agency that further payments ments that have been made. will not be made to the State until the Sec- will not be made to the State until the Sec- ‘‘(2) ENFORCEMENT.—Whenever the Sec- retary of Labor is satisfied that there is no retary of Labor is satisfied that there is no retary of Labor, after reasonable notice and longer any such failure. Until the Secretary longer any such failure. Until the Secretary opportunity for hearing to the State agency of Labor is so satisfied, such Secretary shall of Labor is so satisfied, such Secretary shall charged with the administration of the State make no future certification to the Sec- make no future certification to the Sec- law, finds that there is a failure to comply retary of the Treasury with respect to the retary of the Treasury with respect to the substantially with the requirements of para- State.’’. State.’’. graph (1), the Secretary of Labor shall notify (2) EFFECTIVE DATE.—The amendments such State agency that further payments made by this subsection shall take effect on (c) UNEMPLOYMENT COMPENSATION INTEG- will not be made to the State until the Sec- RITY DATA HUB.— the date of enactment of this Act. retary of Labor is satisfied that there is no (g) FUNDING.—Out of any money in the (1) IN GENERAL.—Section 303(a) of the So- longer any such failure. Until the Secretary cial Security Act (42 U.S.C. 503(a)), as Treasury of the United States not otherwise of Labor is so satisfied, such Secretary shall appropriated, there are appropriated to the amended by subsection (a), is amended by make no future certification to the Sec- adding at the end the following new para- Secretary of Labor $2,000,000,000 to assist retary of the Treasury with respect to the States in carrying out the amendments made graph: State.’’. by this section, which may include regional ‘‘(14) The State agency charged with ad- (2) PENALTIES.— or multi-State efforts. Amounts appro- ministration of the State law shall use the (A) IN GENERAL.—Section 453A(d) of the So- priated under the preceding sentence shall system designated by the Secretary of Labor cial Security Act (42 U.S.C. 653a(d)), in the remain available until expended. for cross-matching claimants of unemploy- matter preceding paragraph (1), is amended SEC. 5. FUNDING FOR STATE UNEMPLOYMENT IN- ment compensation under State law against by striking ‘‘have the option to set a State SURANCE AND EMPLOYMENT SERV- any databases in the system to prevent and civil money penalty which shall not exceed’’ ICE OPERATIONS. detect fraud and improper payments.’’. and inserting ‘‘set a State civil money pen- (a) IN GENERAL.—Out of any money in the (2) EFFECTIVE DATE.—The amendment alty which shall be no less than’’. Treasury of the United States not otherwise made by paragraph (1) shall apply to weeks (B) EFFECTIVE DATE.—The amendment appropriated, in addition to other amounts of unemployment beginning on or after the made by subparagraph (A) shall apply to pen- appropriated, there are appropriated for earlier of— alties assessed on or after October 1, 2022. State unemployment insurance and employ- (A) the date the State changes its statutes, (f) STATE PERFORMANCE.— ment service operations, $1,504,000,000, to regulations, or policies in order to comply (1) IN GENERAL.—Section 303 of the Social prevent, prepare for, and respond to with such amendment; or Security Act (42 U.S.C. 503), as amended by coronavirus, domestically or internation- (B) October 1, 2022. subsections (b), (d), and (e), is amended by ally, which may be expended from the Em- (d) REDUCING STATE BURDEN IN PROVIDING adding at the end the following new sub- ployment Security Administration Account DATA TO PREVENT AND DETECT FRAUD.—Sec- section: in the Unemployment Trust Fund ( in this tion 303 of the Social Security Act (42 U.S.C. ‘‘(q) STATE PERFORMANCE.— section referred to as the ‘‘Trust Fund’’). 503), as amended by subsection (b), is amend- ‘‘(1) IN GENERAL.—For purposes of assisting (b) USE.—Amounts approriated under sub- ed by adding at the end the following new States in meeting the requirements of this section (a) shall be available as follows: subsection: title, title IX, title XII, or chapter 23 of the (1)(A) Subject to subparagraphs (B) and (C), Internal Revenue Code of 1986 (commonly re- $1,115,500,000 from the Trust Fund shall be ‘‘(o) USE OF UNEMPLOYMENT CLAIMS DATA ferred to as ‘the Federal Unemployment Tax available for providing grants to States for TO PREVENT AND DETECT FRAUD.—The Inspec- Act’), the Secretary of Labor may— the administration of State unemployment tor General of the Department of Labor ‘‘(A) consistent with subsection (a)(1), es- insurance laws as authorized under title III shall, for the purpose of identifying and in- tablish measures of State performance, in- of the Social Security Act, including grants vestigating fraud in unemployment com- cluding criteria for acceptable levels of per- to upgrade information technology to im- pensation programs, have direct access to formance, performance goals, and perform- prove the administration and processing of each of the following systems: ance measurement programs; unemployment compensation claims. Such ‘‘(1) The system designated by the Sec- ‘‘(B) consistent with subsection (a)(6), re- amounts shall remain available through De- retary of Labor for the electronic trans- quire States to provide to the Secretary of cember 31, 2021. mission of requests for information relating Labor data or other relevant information (B) The Secretary of Labor may distribute to interstate claims for unemployment com- from time to time concerning the operations amounts under subparagraph (A), with re- pensation. of the State or State performance, including spect to upgrading information technology, ‘‘(2) The system designated by the Sec- the measures, criteria, goals, or programs es- based on the condition and needs of the retary of Labor for cross-matching claimants tablished under paragraph (1); State information technology systems or of unemployment compensation under State ‘‘(C) require States with sustained failure other appropriate factors, which may include law against databases to prevent and detect to meet acceptable levels of performance or the ratio described under section 903(a)(2)(B) fraud and improper payments (as referred to with performance that is substantially below of the Social Security AcT (42 U.S.C. in subsection (a)(14).’’. acceptable standards, as determined based on 1103(a)(2)(B)). (e) USE OF NATIONAL DIRECTORY OF NEW the measures, criteria, goals, or programs es- (C) Grant funds provided to States under HIRES IN ADMINISTRATION OF UNEMPLOYMENT tablished under subparagraph (A), to imple- this paragraph for upgrading information COMPENSATION PROGRAMS AND PENALTIES ON ment specific corrective actions and use technology shall be available for obligation NONCOMPLYING EMPLOYERS.— specified amounts of the administrative by the States through September 30, 2027 and (1) IN GENERAL.—Section 303 of the Social grants under this title provided to such available for expenditure by the States Security Act (42 U.S.C. 503), as amended by States to improve performance; and through September 30, 2028. subsections (b) and (d), is amended by adding ‘‘(D) based on the data and other informa- (2) $38,500,000 from the Trust Fund shall be at the end the following new subsection: tion provided under subparagraph (B)— available for national activities necessary to ‘‘(p) USE OF NATIONAL DIRECTORY OF NEW ‘‘(i) to the extent the Secretary of Labor support the administration of the Federal- HIRES.— determines funds are available after pro- State unemployment insurance system. Such

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00164 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.049 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4843 amounts shall remain available through Sep- ‘‘(ii) as to which the Secretary determines ‘‘(i) not less than 50 percent of contracts by tember 30, 2021. that a sufficient quantity of a satisfactory value entered into for products described in (3) $350,000,000 from the Trust Fund shall be quality of such item that is grown, reproc- subparagraph (B) by September 30, 2021; available for providing grants to States in essed, reused, or produced in the United ‘‘(ii) not less than 75 percent of contracts accordance with section 6 of the Wagner- States cannot be procured as, and when, by value entered into for products described Peyser Act. Such amounts shall remain needed; or in subparagraph (B) by March 31, 2022; and available through June 30, 2021. ‘‘(iii) if, after maximizing to the extent ‘‘(iii) not less than 100 percent of contracts SEC. 6. EMERGENCY DESIGNATION. feasible sources consistent with subpara- by value entered into for products described (a) IN GENERAL.—The amounts provided by graph (A), the Secretary certifies every 90 in subparagraph (B) by a date that is not less this Act and the amendments made by this days that it is necessary to procure products than 2 years after the date of enactment of Act are designated as an emergency require- under this paragraph under expedited proce- this paragraph.’’. ment pursuant to section 4(g) of the Statu- dures to respond to the immediate needs of a SEC. l13. INVESTMENT CREDIT FOR QUALIFYING tory Pay-As-You-Go Act of 2010 (2 U.S.C. public health emergency pursuant to section MEDICAL PERSONAL PROTECTIVE 933(g)). 319. EQUIPMENT MANUFACTURING PROJECTS. (b) DESIGNATION IN SENATE.—In the Senate, ‘‘(D) EXCEPTION FOR SMALL PROCURE- (a) IN GENERAL.—Subpart E of part IV of this Act and the amendments made by this MENTS.—Subparagraph (A) shall not apply to subchapter A of chapter 1 of the Internal Act are designated as an emergency require- procurements for amounts that do not ex- Revenue Code of 1986 is amended by inserting ment pursuant to section 4112(a) of H. Con. ceed $150,000. A proposed procurement for an after section 48C the following new section: Res. 71 (115th Congress), the concurrent reso- amount in excess of $150,000 may not be di- lution on the budget for fiscal year 2018. ‘‘SEC. 48D. QUALIFYING MEDICAL PERSONAL vided into several procurements or contracts PROTECTIVE EQUIPMENT MANUFAC- SA 2539. Mr. GRAHAM submitted an for lesser amounts in order to qualify for the TURING PROJECT CREDIT. amendment intended to be proposed to exception under this subparagraph. ‘‘(a) IN GENERAL.—For purposes of section ‘‘(E) CONSULTATION.—The Secretary shall amendment SA 2499 proposed by Mr. 46, the qualifying medical personal protec- consult with the United States Trade Rep- tive equipment manufacturing project credit MCCONNELL to the bill S. 178, to con- resentative on a matter under this sub- for any taxable year is an amount equal to 30 demn gross human rights violations of section that concerns an obligation of the percent of the qualified investment for such ethnic Turkic Muslims in Xinjiang, and United States under any international trade taxable year with respect to any qualifying calling for an end to arbitrary deten- agreement. medical personal protective equipment man- tion, torture, and harassment of these ‘‘(F) NOTIFICATION REQUIRED WITHIN 7 DAYS ufacturing project of the taxpayer. communities inside and outside China; AFTER PROCUREMENT CONTRACT AWARD IF CER- ‘‘(b) QUALIFIED INVESTMENT.— which was ordered to lie on the table; TAIN EXCEPTIONS APPLIED.—In the case of any ‘‘(1) IN GENERAL.—For purposes of sub- procurement contracts of an item described as follows: section (a), the qualified investment for any in subparagraph (B), if the Secretary applies taxable year is— At the appropriate place, insert the fol- the exception described in subparagraph (C) ‘‘(A) in the case of any eligible property lowing: with respect to that procurement contract, placed in service by the taxpayer during such TITLE ll—RESTORING CRITICAL SUPPLY the Secretary shall, not later than 7 days taxable year, the basis of such property, and CHAINS AND INTELLECTUAL PROPERTY after the awarding of the procurement con- ‘‘(B) in the case of any property previously SEC. l01. SHORT TITLE. tract, post a notification that the exception placed in service by the taxpayer during any This title may be cited as the ‘‘Restoring has been applied on the relevant Internet period before such taxable year which quali- Critical Supply Chains and Intellectual website maintained by the General Services fies as eligible property for such taxable Property Act’’. Administration, except for any information year, the adjusted basis of such property (as Subtitle A—U.S. MADE Act that is exempt from mandatory disclosure determined as of the beginning of such tax- SEC. l11. SHORT TITLE. under section 552 of title 5, United States able year). This subtitle may be cited as the ‘‘United Code. ‘‘(2) CERTAIN QUALIFIED PROGRESS EXPENDI- States Manufacturing Availability of Domes- ‘‘(G) TRAINING DURING FISCAL YEAR 2021.— TURES RULES MADE APPLICABLE.—Rules simi- tic Equipment Act’’ or the ‘‘U.S. MADE Act ‘‘(i) IN GENERAL.—The Secretary shall en- lar to the rules of subsections (c)(4) and (d) of of 2020’’. sure that each member of the acquisition section 46 (as in effect on the day before the SEC. l12. DOMESTIC PURCHASING REQUIRE- workforce in the Department of Health and enactment of the Revenue Reconciliation MENT FOR PERSONAL PROTECTIVE Human Services who participates substan- Act of 1990) shall apply for purposes of this EQUIPMENT ACQUISITIONS FOR THE tially on a regular basis in procurements re- section. STRATEGIC NATIONAL STOCKPILE. lated to the maintenance of the Strategic ‘‘(3) LIMITATION.—The amount which is Section 319F–2(a) of the Public Health National Stockpile receives training during treated as the qualified investment for all Service Act (42 U.S.C. 247d–6b(a)) is amended fiscal year 2021 on the requirements of this taxable years with respect to any qualifying by adding at the end the following: paragraph. medical personal protective equipment man- ‘‘(6) DOMESTIC PROCUREMENT REQUIREMENT ‘‘(ii) INCLUSION OF INFORMATION IN NEW ufacturing project shall not exceed the FOR PERSONAL PROTECTIVE EQUIPMENT.— TRAINING PROGRAMS.—The Secretary shall amount designated by the Secretary as eligi- ‘‘(A) REQUIREMENT.—Except as provided in ensure that any training program for the ac- ble for the credit under this section. subparagraphs (C) and (D), funds appro- quisition workforce, as described in clause ‘‘(c) DEFINITIONS.— priated or otherwise available to the Sec- (i), developed or implemented after fiscal ‘‘(1) QUALIFYING MEDICAL PERSONAL PROTEC- retary for the Strategic National Stockpile year 2021, includes comprehensive informa- TIVE EQUIPMENT MANUFACTURING PROJECT.— may not be used for the procurement of an tion on the requirements described in sub- ‘‘(A) IN GENERAL.—The term ‘qualifying item described in subparagraph (B) unless paragraph (A). medical personal protective equipment man- the item was grown, reprocessed, reused, or ‘‘(H) EFFECTIVE DATE.—The Secretary shall ufacturing project’ means a project— produced in the United States. increase the percentage of contracts by value ‘‘(i) which re-equips, expands, establishes, ‘‘(B) COVERED ITEMS.—An item described in entered into for products described in sub- or continues a manufacturing facility for the this subparagraph is an article or item of— paragraph (B) incrementally to 100 percent production of— ‘‘(i) personal protective equipment and as soon as practicable, but in no event later ‘‘(I) any item described in paragraph (6)(B) clothing (and the materials and components than the end of the 5-year period beginning of section 319F–2(a) of the Public Health thereof), other than sensors, electronics, or on the date of enactment of this paragraph. Service Act (42 U.S.C. 247d–6b(a)), or other items added to, and not normally asso- The Secretary shall notify the Committee on ‘‘(II) any textile products for medical ap- ciated with, such personal protective equip- Health, Education, Labor, and Pensions of plications which are not described in sub- ment; the Senate and the Committee on Energy clause (I), as identified by the Secretary, in ‘‘(ii) sanitizing supplies and ancillary med- and Commerce of the House of Representa- consultation with the Secretary of Health ical supplies such as disinfecting wipes, pri- tives within 60 days of such date of enact- and Human Services, and vacy curtains, beds and bedding, testing ment regarding the percentage of products ‘‘(ii) any portion of the qualified invest- swabs, gauze and bandages, tents, tarpaulins, described in subparagraph (B) that meet the ment of which is certified by the Secretary covers, or bags; or requirements of this paragraph. under subsection (d) as eligible for a credit ‘‘(iii) any other textile medical supplies ‘‘(I) REPORT.—Not later than 90 days after under this section. and textile equipment described in para- the date of enactment of this paragraph, the ‘‘(B) EXCEPTION.—Subclause (I) of subparagraph (1). Secretary shall submit to the Committee on graph (A)(i) shall not include sensors, elec- ‘‘(C) AVAILABILITY EXCEPTION.—Subpara- Health, Education, Labor, and Pensions of tronics, or other items added to, and not nor- graph (A) shall not apply to an item de- the Senate and the Committee on Energy mally associated with, equipment or cloth- scribed in subparagraph (B)— and Commerce of the House of Representa- ing described in such subclause. ‘‘(i) that is, or that includes, a material tives a report assessing the implementation ‘‘(2) ELIGIBLE PROPERTY.—The term ‘eligi- listed in section 25.104 of the Federal Acqui- of this paragraph and the feasibility of ap- ble property’ means any property— sition Regulation as one for which a non- plying the requirements of this paragraph ‘‘(A) which is necessary for the production availability determination has been made; to— of property described in paragraph (1)(A)(i),

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00165 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.049 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4844 CONGRESSIONAL RECORD — SENATE August 4, 2020 ‘‘(B) which is— paragraph (2)(B) because the project subject erty to a domestic corporation which is a ‘‘(i) tangible personal property, or to the certification has been delayed as a re- United States shareholder with respect to ‘‘(ii) other tangible property (not including sult of third party opposition or litigation to such controlled foreign corporation— a building or its structural components), but the proposed project. ‘‘(1) for purposes of part I of subchapter C only if such property is used as an integral ‘‘(C) REALLOCATION.—If the Secretary de- and any other provision of this title specified part of the manufacturing facility described termines that credits under this section are by the Secretary, the fair market value of in such paragraph, available for reallocation pursuant to the re- such property on the date of such distribu- ‘‘(C) with respect to which depreciation (or quirements set forth in paragraph (2), the tion shall be treated as not exceeding the ad- amortization in lieu of depreciation) is al- Secretary is authorized to conduct an addi- justed basis of such property immediately lowable, and tional program for applications for certifi- before such distribution, and ‘‘(D) which is part of a qualifying medical cation. ‘‘(2) if any portion of such distribution is personal protective equipment manufac- ‘‘(5) DISCLOSURE OF ALLOCATIONS.—The Sec- not a dividend— turing project. retary shall, upon making a certification ‘‘(A) no gain shall be recognized by such ‘‘(d) QUALIFYING MEDICAL PERSONAL PRO- under this subsection, publicly disclose the United States shareholder with respect to TECTIVE EQUIPMENT MANUFACTURING PROJECT identity of the applicant and the amount of such distribution, and PROGRAM.— the credit with respect to such applicant. ‘‘(B) the adjusted basis of such property in ‘‘(1) ESTABLISHMENT.— ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No credit the hands of such United States shareholder ‘‘(A) IN GENERAL.—Not later than 90 days shall be allowed under any provision of this immediately after such distribution shall be after the date of enactment of this section, chapter with respect to any amount taken in the adjusted basis of such property in the the Secretary, in consultation with the Sec- account in determining the credit allowed to hands of such controlled foreign corporation retary of Health and Human Services, shall a taxpayer under this section.’’. immediately before such distribution re- establish a qualifying medical personal pro- (b) CONFORMING AMENDMENTS.— duced by the amount (if any) of gain not rec- tective equipment manufacturing project (1) Section 46 of the Internal Revenue Code ognized by reason of subparagraph (A) (deter- program to consider and award certifications of 1986 is amended— mined after the application of paragraph (1)). for qualified investments eligible for credits (A) by striking ‘‘and’’ at the end of para- ‘‘(b) QUALIFIED INTANGIBLE PROPERTY.—For under this section to qualifying medical per- graph (5); purposes of this section, the term ‘qualified sonal protective equipment manufacturing (B) by striking the period at the end of intangible property’ means any property de- project sponsors. paragraph (6) and inserting ‘‘, and’’; and scribed in section 367(d)(4)(A)— ‘‘(B) LIMITATION.—The total amount of (C) by adding at the end the following: ‘‘(1) the principal purpose of which is use in credits that may be allocated under the pro- ‘‘(7) the qualifying medical personal pro- connection with— gram shall not exceed $7,500,000,000. tective equipment manufacturing project ‘‘(A) any eligible property, as defined in ‘‘(2) CERTIFICATION.— credit.’’. section 48D(c)(2), or ‘‘(A) APPLICATION PERIOD.—Each applicant (2) Section 49(a)(1)(C) of such Code is ‘‘(B) any item or product described in sub- for certification under this paragraph shall amended— clause (I) or (II) of section 48D(c)(1)(A)(i), or submit an application (containing such in- (A) by striking ‘‘and’’ at the end of clause ‘‘(2) substantially all of the income from which is derived in connection with any eli- formation as the Secretary may require) dur- (iv); gible property (as defined in section ing the 1-year period beginning on the date (B) by striking the period at the end of 48D(c)(2)) or any item or product described in the Secretary establishes the program under clause (v) and inserting ‘‘, and’’; and paragraph (1). paragraph (1)(B). (C) by adding at the end the following: ‘‘(B) TIME TO MEET CRITERIA FOR CERTIFI- ‘‘(c) REGULATIONS AND GUIDANCE.—The Sec- ‘‘(vi) the basis of any property which is CATION.—Each applicant for certification retary shall prescribe such regulations or part of a qualifying medical personal protec- shall have 1 year from the date of acceptance other guidance as may be necessary to carry tive equipment manufacturing project under by the Secretary of the application during out the purposes of this section, including to section 48D.’’. which to provide to the Secretary evidence prevent abuse by taxpayers related to dis- (3) Section 50(a)(2)(E) of such Code is that the requirements of the certification tributions of qualified intangible property.’’. amended by striking ‘‘or 48C(b)(2)’’ and in- have been met. (b) CONFORMING AMENDMENTS.— serting ‘‘, 48C(b)(2), or 48D(b)(2)’’. ‘‘(C) PERIOD OF ISSUANCE.—An applicant (1) Section 197(f)(2)(B)(i) of the Internal (4) The table of sections for subpart E of which receives a certification shall have 2 Revenue Code of 1986 is amended by inserting years from the date of issuance of the certifi- part IV of subchapter A of chapter 1 of such ‘‘966(a),’’ after ‘‘731,’’. cation in order to place the project in service Code is amended by inserting after the item (2) The table of sections for subpart F of and if such project is not placed in service by relating to section 48C the following new part III of subchapter N of chapter 1 of such that time period, then the certification shall item: Code is amended by adding at the end the no longer be valid. ‘‘Sec. 48D. Qualifying medical personal pro- following new item: ‘‘(3) SELECTION CRITERIA.—In determining tective equipment manufac- ‘‘Sec. 966. Transfers of intangible property which qualifying medical personal protective turing project credit.’’. relating to medical personal equipment manufacturing projects to certify (c) TREATMENT UNDER BASE EROSION TAX.— protective equipment to United under this section, the Secretary shall take Section 59A(b)(1)(B)(ii) of the Internal Rev- States shareholders.’’. into consideration which projects— enue Code of 1986 is amended by striking (c) EFFECTIVE DATE.—The amendments ‘‘(A) will provide the greatest net increase ‘‘plus’’ at the end of subclause (I), by redesig- made by this section shall apply to distribu- in job creation (both direct and indirect) nating subclause (II) as subclause (III), and tions made on or after the date of enactment within the United States (as defined in sec- by inserting after subclause (I) the following of this Act. tion 4612(a)(4)) during the credit period, new subclause: Subtitle B—Safeguarding American ‘‘(B) will provide the largest net increase ‘‘(II) the credit allowed under section 38 for Innovation in the amount of medical personal protective the taxable year which is properly allocable SEC. l21. SHORT TITLE. equipment for which there is the greatest to the portion of the investment credit de- This subtitle may be cited as the ‘‘Safe- need for purposes of the Strategic National termined under section 46 that is properly al- guarding American Innovation Act’’. Stockpile (as described in section 319F–2(a) locable to section 48D(a), plus’’. SEC. l22. DEFINITIONS. of the Public Health Service Act (42 U.S.C. (d) EFFECTIVE DATE.—The amendments In this subtitle: made by this section shall apply to projects 247d–6b(a))), (1) FEDERAL SCIENCE AGENCY.—The term ‘‘(C) have the greatest potential to help certified after the date of enactment of this ‘‘Federal science agency’’ means any Federal achieve medical manufacturing independ- Act. department or agency to which more than ence for the United States, and SEC.l14. SPECIAL RULES FOR TRANSFERS OF IN- $100,000,000 in research and development ‘‘(D) have the greatest potential to meet TANGIBLE PROPERTY RELATING TO funds were appropriated for fiscal year 2020. MEDICAL PERSONAL PROTECTIVE current demand or sudden surges in demand EQUIPMENT TO UNITED STATES (2) RESEARCH AND DEVELOPMENT.— for personal protective equipment. SHAREHOLDERS. (A) IN GENERAL.—The term ‘‘research and ‘‘(4) REVIEW AND REDISTRIBUTION.— (a) IN GENERAL.—Subpart F of part III of development’’ means all research activities, ‘‘(A) REVIEW.—Not later than 3 years after subchapter N of chapter 1 of the Internal both basic and applied, and all development the date of enactment of this section, the Revenue Code of 1986 is amended by adding activities. Secretary shall review the credits allocated at the end the following new section: (B) DEVELOPMENT.—The term ‘‘develop- under this section as of such date. ‘‘SEC. 966. TRANSFERS OF INTANGIBLE PROP- ment’’ means experimental development. ‘‘(B) REDISTRIBUTION.—The Secretary may ERTY RELATING TO MEDICAL PER- (C) EXPERIMENTAL DEVELOPMENT.—The reallocate credits awarded under this section SONAL PROTECTIVE EQUIPMENT TO term ‘‘experimental development’’ means if the Secretary determines that— UNITED STATES SHAREHOLDERS. creative and systematic work, drawing upon ‘‘(i) there is an insufficient quantity of ‘‘(a) IN GENERAL.—Except as otherwise pro- knowledge gained from research and prac- qualifying applications for certification vided by the Secretary, if a controlled for- tical experience, which— pending at the time of the review, or eign corporation holds qualified intangible (i) is directed toward the production of new ‘‘(ii) any certification made pursuant to property on the date of the enactment of this products or processes or improving existing paragraph (2) has been revoked pursuant to section and thereafter distributes such prop- products or processes; and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00166 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.059 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4845 (ii) like research, will result in gaining ad- departmental resources, capabilities, and ‘‘(M) The National Science Foundation. ditional knowledge. functions. ‘‘(N) The Department of Education. (D) RESEARCH.—The term ‘‘research’’— ‘‘(7) RESEARCH AND DEVELOPMENT.— ‘‘(O) The Small Business Administration. (i) means a systematic study directed to- ‘‘(A) IN GENERAL.—The term ‘research and ‘‘(P) The Council of Inspectors General on ward fuller scientific knowledge or under- development’ means all research activities, Integrity and Efficiency. standing of the subject studied; and both basic and applied, and all development ‘‘(Q) Other Executive agencies, as deter- (ii) includes activities involving the train- activities. mined by the Chairperson of the Council. ing of individuals in research techniques if ‘‘(B) DEVELOPMENT.—The term ‘develop- ‘‘(2) LEAD REPRESENTATIVES.— such activities— ment’ means experimental development. ‘‘(A) DESIGNATION.—Not later than 45 days (I) utilize the same facilities as other re- ‘‘(C) EXPERIMENTAL DEVELOPMENT.—The after the date of the enactment of this chap- search and development activities; and term ‘experimental development’ means cre- ter, the head of each agency represented on (II) are not included in the instruction ative and systematic work, drawing upon the Council shall designate a representative function. knowledge gained from research and prac- of that agency as the lead representative of SEC.l23. FEDERAL RESEARCH SECURITY COUN- tical experience, which— the agency on the Council. CIL. ‘‘(i) is directed toward the production of ‘‘(B) FUNCTIONS.—The lead representative (a) IN GENERAL.—Subtitle V of title 31, new products or processes or improving ex- of an agency designated under subparagraph United States Code, is amended by adding at isting products or processes; and (A) shall ensure that appropriate personnel, the end the following: ‘‘(ii) like research, will result in gaining including leadership and subject matter ex- ‘‘CHAPTER 79—FEDERAL RESEARCH additional knowledge. perts of the agency, are aware of the busi- SECURITY COUNCIL ‘‘(D) RESEARCH.—The term ‘research’— ness of the Council. ‘‘Sec. ‘‘(i) means a systematic study directed to- ‘‘(c) CHAIRPERSON.— ‘‘7901. Definitions. ward fuller scientific knowledge or under- ‘‘(1) DESIGNATION.—Not later than 45 days ‘‘7902. Federal Research Security Council es- standing of the subject studied; and after the date of the enactment of this chap- tablishment and membership. ‘‘(ii) includes activities involving the ter, the Director of the Office of Manage- ‘‘7903. Functions and authorities. training of individuals in research tech- ment and Budget shall designate a senior- ‘‘7904. Strategic plan. niques if such activities— level official from the Office of Management ‘‘7905. Annual report. ‘‘(I) utilize the same facilities as other re- and Budget to serve as the Chairperson of ‘‘7906. Requirements for Executive agencies. search and development activities; and the Council. ‘‘§ 7901. Definitions ‘‘(II) are not included in the instruction ‘‘(2) FUNCTIONS.—The Chairperson shall ‘‘In this chapter: function. perform functions that include— ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(8) UNITED STATES RESEARCH COMMUNITY.— ‘‘(A) subject to subsection (d), developing a TEES.—The term ‘appropriate congressional The term ‘United States research commu- schedule for meetings of the Council; committees’ means— nity’ means— ‘‘(B) designating Executive agencies to be ‘‘(A) the Committee on Homeland Security ‘‘(A) research and development centers of represented on the Council under subsection and Governmental Affairs of the Senate; Executive agencies; (b)(1)(Q); ‘‘(B) the Committee on Commerce, ‘‘(B) private research and development cen- ‘‘(C) in consultation with the lead rep- Science, and Transportation of the Senate; ters in the United States, including for-prof- resentative of each agency represented on ‘‘(C) the Select Committee on Intelligence it and nonprofit research institutes; the Council, developing a charter for the of the Senate; ‘‘(C) research and development centers at Council; and ‘‘(D) the Committee on Foreign Relations institutions of higher education (as defined ‘‘(D) not later than 7 days after completion of the Senate; in section 101(a) of the Higher Education Act of the charter, submitting the charter to the ‘‘(E) the Committee on Armed Services of of 1965 (20 U.S.C. 1001(a))); appropriate congressional committees. the Senate; ‘‘(D) research and development centers of ‘‘(3) LEAD SCIENCE ADVISOR.—The Director ‘‘(F) the Committee on Health, Education, States, United States territories, Indian of the Office of Science and Technology Pol- Labor, and Pensions of the Senate; tribes, and municipalities; icy shall be the lead science advisor to the ‘‘(G) the Committee on Oversight and Re- ‘‘(E) government-owned, contractor-oper- Chairperson for purposes of this chapter. form of the House of Representatives; ated United States Government research and ‘‘(4) LEAD SECURITY ADVISOR.—The Director ‘‘(H) the Committee on Homeland Security development centers; and of the National Counterintelligence and Se- of the House of Representatives; ‘‘(F) any person conducting federally fund- curity Center shall be the lead security advi- ‘‘(I) the Committee on Energy and Com- ed research or receiving Federal research sor to the Chairperson for purposes of this merce of the House of Representatives; grant funding. chapter. ‘‘(J) the Permanent Select Committee on ‘‘§ 7902. Federal Research Security Council ‘‘(d) MEETINGS.—The Council shall meet Intelligence of the House of Representatives; establishment and membership not later than 60 days after the date of the enactment of this chapter and not less fre- ‘‘(K) the Committee on Foreign Affairs of ‘‘(a) ESTABLISHMENT.—There is established, quently than quarterly thereafter. the House of Representatives; in the Office of Management and Budget, a ‘‘(L) the Committee on Armed Services of Federal Research Security Council, which ‘‘§ 7903. Functions and authorities the House of Representatives; and shall develop federally funded research and ‘‘(a) IN GENERAL.—The Chairperson of the ‘‘(M) the Committee on Education and development grant making policy and man- Council shall consider the missions and re- Labor of the House of Representatives. agement guidance to protect the national sponsibilities of Council members in deter- ‘‘(2) COUNCIL.—The term ‘Council’ means and economic security interests of the mining the lead agencies for Council func- the Federal Research Security Council es- United States. tions. The Council shall perform the fol- tablished under section 7902(a). ‘‘(b) MEMBERSHIP.— lowing functions: ‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu- ‘‘(1) IN GENERAL.—The following agencies ‘‘(1) Developing and implementing, across tive agency’ has the meaning given that shall be represented on the Council: all Executive agencies that award research term in section 105 of title 5. ‘‘(A) The Office of Management and Budg- and development grants, a uniform applica- ‘‘(4) FEDERAL RESEARCH SECURITY RISK.— et. tion process for grants in accordance with The term ‘Federal research security risk’ ‘‘(B) The Office of Science and Technology subsection (b). means the risk posed by malign state actors Policy. ‘‘(2) Developing and implementing a uni- and other persons to the security and integ- ‘‘(C) The Department of Defense. form and regular reporting process for iden- rity of research and development conducted ‘‘(D) The Department of Homeland Secu- tifying persons participating in federally using grants awarded by Executive agencies. rity. funded research and development or that ‘‘(5) INSIDER.—The term ‘insider’ means ‘‘(E) The Office of the Director of National have access to nonpublic federally funded in- any person with authorized access to any Intelligence, including the National Counter- formation, data, research findings, and re- United States Government resource, includ- intelligence and Security Center. search and development grant proposals. ing personnel, facilities, information, re- ‘‘(F) The Department of Justice, including ‘‘(3) Identifying or developing criteria, in search, equipment, networks, or systems. the Federal Bureau of Investigation. accordance with subsection (c), for sharing ‘‘(6) INSIDER THREAT.—The term ‘insider ‘‘(G) The Department of Energy. and receiving information with respect to threat’ means the threat that an insider will ‘‘(H) The Department of Commerce, includ- Federal research security risks in order to use his or her authorized access (wittingly or ing the National Institute of Standards and mitigate such risks with— unwittingly) to harm the national and eco- Technology. ‘‘(A) members of the United States re- nomic security of the United States or nega- ‘‘(I) The Department of Health and Human search community; and tively affect the integrity of a Federal agen- Services, including the National Institutes of ‘‘(B) other persons participating in feder- cy’s normal processes, including damaging Health. ally funded research and development. the United States through espionage, sabo- ‘‘(J) The Department of State. ‘‘(4) Identifying an appropriate Executive tage, unauthorized disclosure of national se- ‘‘(K) The Department of Transportation. agency— curity information or non-public informa- ‘‘(L) The National Aeronautics and Space ‘‘(A) to accept and protect information tion, or through the loss or degradation of Administration. submitted by Executive agencies and non-

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00167 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.059 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4846 CONGRESSIONAL RECORD — SENATE August 4, 2020 Federal entities based on the processes es- associated with the proposed Federal re- resource recommendations to the appro- tablished under paragraphs (1) and (2); and search or development grant project— priate officials; and ‘‘(B) to facilitate the sharing of informa- ‘‘(i) to disclose biographical information, ‘‘(5) such additional guidance as is nection received under subparagraph (A) to sup- all affiliations, including any foreign mili- essary to reflect the distinct needs, missions, port, as necessary and appropriate— tary, foreign government-related organiza- and systems of each Executive agency. ‘‘(i) oversight of federally funded research tions, and foreign-funded institutions, and ‘‘(e) ISSUANCE OF WARNINGS RELATING TO and development; all current and pending support, including RISKS AND VULNERABILITIES IN INTER- ‘‘(ii) criminal and civil investigations of from foreign institutions, foreign govern- NATIONAL SCIENTIFIC COOPERATION.— misappropriated Federal funds, resources, ments, or foreign laboratories, and all sup- ‘‘(1) IN GENERAL.—The Council, in conjunc- and information; and port received from foreign sources; and tion with the lead security advisor under ‘‘(iii) counterintelligence investigations. ‘‘(ii) to certify the accuracy of the required section 7902(c)(4), shall establish a process ‘‘(5) Identifying, as appropriate, Executive disclosures under penalty of perjury; and for informing members of the United States agencies to provide— ‘‘(B) uses a machine-readable application research community and the public, through ‘‘(A) shared services, such as support for form to assist in identifying fraud and ensur- the issuance of warnings described in para- conducting Federal research security risk as- ing the eligibility of applicants; graph (2), of potential risks and sessments, activities to mitigate such risks, ‘‘(2) design the process— vulnerabilities in international scientific co- and oversight and investigations with re- ‘‘(A) to reduce the administrative burden operation that may undermine the integrity spect to grants awarded by Executive agen- on persons applying for Federal research and and security of the United States research cies; and development funding; and community or place at risk any federally ‘‘(B) common contract solutions to support ‘‘(B) to promote information sharing funded research and development. enhanced information collection and sharing across the United States research commu- ‘‘(2) CONTENT.—A warning described in this and the verification of the identities of per- nity, while safeguarding sensitive informa- paragraph shall include, to the extent the sons participating in federally funded re- tion; and Council considers appropriate, a description search and development. ‘‘(3) complete the process not later than 1 of— ‘‘(6) Identifying and issuing guidance, in year after the date of the enactment of the ‘‘(A) activities by the national govern- accordance with subsection (d) and in coordi- Safeguarding American Innovation Act. ment, local governments, research institutions, or universities of a foreign country— nation with the National Insider Threat ‘‘(c) REQUIREMENTS FOR INFORMATION SHAR- ‘‘(i) to exploit, interfere, or undermine re- Task Force established by Executive Order ING CRITERIA.—In identifying or developing 13587 (50 U.S.C. 3161 note) for developing and criteria and procedures for sharing informa- search and development by the United States implementing insider threat programs for tion with respect to Federal research secu- research community; or Executive agencies to deter, detect, and rity risks under subsection (a)(3), the Coun- ‘‘(ii) to misappropriate scientific knowl- mitigate insider threats, including the safe- cil shall ensure that such criteria address, at edge resulting from federally funded re- guarding of sensitive information from ex- a minimum— search and development; ploitation, compromise, or other unauthor- ‘‘(1) the information to be shared; ‘‘(B) efforts by strategic competitors to ex- ized disclosure, taking into account risk lev- ‘‘(2) the circumstances under which shar- ploit the research enterprise of a foreign els and the distinct needs, missions, and sys- ing is mandated or voluntary; country that may place at risk— tems of each such agency. ‘‘(3) the circumstances under which it is ‘‘(i) the science and technology of that for- ‘‘(7) Identifying and issuing guidance for appropriate for an Executive agency to rely eign country; or developing compliance and oversight pro- on information made available through such ‘‘(ii) federally funded research and develop- grams for Executive agencies to ensure that sharing in exercising the responsibilities and ment; and research and development grant recipients authorities of the agency under applicable ‘‘(C) practices within the research enter- accurately report conflicts of interest and laws relating to the award of grants; prise of a foreign country that do not adhere conflicts of commitment in accordance with ‘‘(4) the procedures for protecting intellec- to the United States scientific values of subsection (b)(1). Such programs shall in- tual capital that may be present in such in- openness, transparency, reciprocity, integ- clude an assessment of— formation; and rity, and merit-based competition. ‘‘(f) PROGRAM OFFICE AND COMMITTEES.— ‘‘(A) a grantee’s support from foreign ‘‘(5) appropriate privacy protections for The interagency working group established sources and affiliations with foreign funding persons involved in Federal research and de- institutions or laboratories; and under section 1746 of the National Defense velopment. Authorization Act for Fiscal Year 2020 (Pub- ‘‘(B) the impact of such support and affili- ‘‘(d) REQUIREMENTS FOR INSIDER THREAT lic Law 116–92) shall be a working group ations on United States national security PROGRAM GUIDANCE.—In identifying or devel- under the Council performing duties author- and economic interests. oping guidance with respect to insider threat ized under such section and as directed by ‘‘(8) Assessing and making recommenda- programs under subsection (a)(6), the Council the Council. The Council shall use any find- tions with respect to whether openly sharing shall ensure that such guidance provides for, ings or work product, existing or forth- certain types of federally funded research at a minimum— coming, by such working group. The Council and development is in the economic and na- ‘‘(1) such programs— may also establish a program office and any tional security interests of the United ‘‘(A) to deter, detect, and mitigate insider committees, working groups, or other con- States. threats; and stituent bodies the Council deems appro- ‘‘(9) Identifying and issuing guidance to ‘‘(B) to leverage counterintelligence, secu- priate, in its sole and unreviewable discre- the United States research community, and rity, information assurance, and other rel- tion, to carry out its functions. other recipients of Federal research and de- evant functions and resources to identify and ‘‘(g) EXCLUSION ORDERS.—To reduce Fed- velopment funding, to ensure that such insti- counter insider threats; and eral research security risk, the Interagency tutions and recipients adopt existing best ‘‘(2) the development of an integrated capa- Suspension and Debarment Committee shall practices to reduce the risk of misappropria- bility to monitor and audit information for provide quarterly reports to the Council that tion of research data. the detection and mitigation of insider detail— ‘‘(10) Identifying and issuing guidance on threats, including through— ‘‘(1) the number of ongoing investigations additional steps that may be necessary to ‘‘(A) monitoring user activity on computer by Council Members related to Federal re- address Federal research security risks aris- networks controlled by Executive agencies; search security that may result, or have re- ing in the course of Executive agencies pro- ‘‘(B) providing employees of Executive sulted, in agency pre-notice letters, suspen- viding shared services and common contract agencies with awareness training with re- sions, proposed debarments, and debarments; solutions under paragraph (5)(B). spect to insider threats and the responsibil- ‘‘(2) Federal agencies’ performance and ‘‘(11) Engaging with the United States re- ities of employees to report such threats; compliance with interagency suspensions search community in performing the func- ‘‘(C) gathering information for a central- and debarments; tions described in paragraphs (1), (2), and (3) ized analysis, reporting, and response capa- ‘‘(3) efforts by the Interagency Suspension and with respect to issues relating to Fed- bility; and and Debarment Committee to mitigate Fed- eral research security risks. ‘‘(D) information sharing to aid in tracking eral research security risk; ‘‘(12) Carrying out such other functions, as the risk individuals may pose while moving ‘‘(4) proposals for developing a unified Fed- determined by the Council, that are nec- across programs and affiliations; eral policy on suspensions and debarments; essary to reduce Federal research security ‘‘(3) the development and implementation and risks. of policies and procedures under which the ‘‘(5) other current suspension and debar- ‘‘(b) REQUIREMENTS FOR UNIFORM GRANT insider threat program of an Executive agen- ment related issues. APPLICATION PROCESS.—In developing the cy accesses, shares, and integrates informa- ‘‘§ 7904. Strategic plan uniform application process for Federal re- tion and data derived from offices within the ‘‘(a) IN GENERAL.—Not later than 180 days search and development grants required agency; after the date of the enactment of this chap- under subsection (a)(1), the Council shall— ‘‘(4) the designation of senior officials with ter, the Council shall develop a strategic ‘‘(1) ensure that the process— authority to provide management, account- plan for addressing Federal research security ‘‘(A) requires principal investigators, co- ability, and oversight of the insider threat risks and for managing such risks, that in- principal investigators, and senior personnel program of an Executive agency and to make cludes—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00168 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.059 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4847 ‘‘(1) the criteria and processes required ‘‘(2) integrating Federal research security ‘‘(ii) the Office of Inspector General, or under section 7903(a), including a threshold risk management practices throughout the similar office, of a State or unit of local gov- and requirements for sharing relevant infor- lifecycle of the grant programs of the Execu- ernment. mation about such risks with all Executive tive agency; ‘‘(9) OUTSIDE COMPENSATION.—The term agencies and, as appropriate, with other Fed- ‘‘(3) sharing relevant information with ‘outside compensation’ means any com- eral entities, foreign governments, and non- other Executive agencies, as determined ap- pensation, resource, or support regardless of Federal entities; propriate by the Council in a manner con- monetary value made available to the appli- ‘‘(2) an identification of existing authori- sistent with section 7903; and cant in support of or related to any research ties for addressing such risks; ‘‘(4) reporting on the effectiveness of the endeavor, including, but not limited to, a ‘‘(3) an identification and promulgation of Federal research security risk management title, research grant, cooperative agreement, best practices and procedures, and an identi- strategy of the Executive agency consistent contract, institutional award, access to a fication of available resources, for Executive with guidance issued by the Office of Man- laboratory, or other resource, including, but agencies to assess and mitigate such risks; agement and Budget and the Council.’’. not limited to, materials, travel compensa- ‘‘(4) recommendations for any legislative, (b) CLERICAL AMENDMENT.—The table of tion, or work incentives. regulatory, or other policy changes to im- chapters at the beginning of title 31, United ‘‘(b) PROHIBITION.—It shall be unlawful for prove efforts to address such risks; States Code, is amended by inserting after any individual to knowingly— ‘‘(5) recommendations for any legislative, the item relating to chapter 77 the following ‘‘(1) prepare or submit a Federal grant ap- regulatory, or other policy changes to new item: plication that fails to disclose the receipt of incentivize the adoption of best practices for any outside compensation, including foreign avoiding and mitigating Federal research se- ‘‘79. Federal Research Security Coun- compensation, by the individual; curity risks by the United States research cil ...... 7901.’’. ‘‘(2) forge, counterfeit, or otherwise falsify community and key United States foreign SEC. l24. FEDERAL GRANT APPLICATION FRAUD. a document for the purpose of obtaining a research partners; (a) IN GENERAL.—Chapter 47 of title 18, Federal grant; or ‘‘(6) an evaluation of the effect of imple- United States Code, is amended by adding at ‘‘(3) prepare, submit, or assist in the prepa- menting new policies or procedures on exist- the end the following: ration or submission of a Federal grant ap- ing Federal grant processes, regulations, and ‘‘§ 1041. Federal grant application fraud plication or document in connection with a disclosures of conflicts of interest and con- Federal grant application that— flicts of commitment; ‘‘(a) DEFINITIONS.—In this section: ‘‘(A) contains a false statement; ‘‘(7) a plan for engaging with Executive ‘‘(1) FEDERAL AGENCY.—The term ‘Federal ‘‘(B) contains a material misrepresenta- agencies, the private sector, and other non- agency’ has the meaning given the term tion; governmental stakeholders to address such ‘agency’ in section 551 of title 5, United ‘‘(C) has no basis in law or fact; or risks and share information between Execu- States Code. ‘‘(D) fails to disclose a material fact. tive agencies, the private sector, and non- ‘‘(2) FEDERAL GRANT.—The term ‘Federal ‘‘(c) EXCEPTION.—Subsection (b) does not governmental stakeholders; and grant’— apply to an activity— ‘‘(8) a plan for identification, assessment, ‘‘(A) means a grant awarded by a Federal ‘‘(1) carried out in connection with a law- mitigation, and vetting of Federal research agency; fully authorized investigative, protective, or security risks. ‘‘(B) includes a subgrant awarded by a non- intelligence activity of— ‘‘(b) SUBMISSION TO CONGRESS.—Not later Federal entity to carry out a Federal grant ‘‘(A) a law enforcement agency; or than 7 calendar days after completion of the program; and ‘‘(B) a Federal intelligence agency; or strategic plan required by subsection (a), the ‘‘(C) does not include— ‘‘(2) authorized under chapter 224. Chairperson of the Council shall submit the ‘‘(i) direct United States Government cash ‘‘(d) PENALTY.—Any individual who vio- plan to the appropriate congressional com- assistance to an individual; lates subsection (b)— mittees. ‘‘(ii) a subsidy; ‘‘(1) shall be fined in accordance with this ‘‘§ 7905. Annual report ‘‘(iii) a loan; title, imprisoned for not more than 5 years, or both; and ‘‘Not later than December 15 of each year, ‘‘(iv) a loan guarantee; or ‘‘(2) shall be prohibited from receiving a the Chairperson of the Council shall submit ‘‘(v) insurance. Federal grant during the 5-year period begin- a report to the appropriate congressional ‘‘(3) FEDERAL GRANT APPLICATION.—The committees that describes— term ‘Federal grant application’ means an ning on the date on which a sentence is im- ‘‘(1) the activities of the Council during the application for a Federal grant. posed on the individual under paragraph preceding fiscal year; and ‘‘(4) FOREIGN COMPENSATION.—The term (1).’’. (b) CLERICAL AMENDMENT.—The table of ‘‘(2) the progress made toward imple- ‘foreign compensation’ means a title, mone- sections for chapter 47 of title 18, United menting the strategic plan required under tary compensation, access to a laboratory or other resource, or other benefit received States Code, is amended by adding at the end section 7904 after such plan has been sub- the following: mitted to Congress. from— ‘‘1041. Federal grant application fraud.’’. ‘‘§ 7906. Requirements for Executive agencies ‘‘(A) a foreign government; ‘‘(B) a foreign government institution; or SEC.l25. RESTRICTING THE ACQUISITION OF ‘‘(a) IN GENERAL.—The head of each Execu- ‘‘(C) a foreign public enterprise. GOODS, TECHNOLOGIES, AND SEN- tive agency on the Council shall be respon- SITIVE INFORMATION TO CERTAIN ‘‘(5) FOREIGN GOVERNMENT.—The term ‘for- sible for— ALIENS. eign government’ includes a person acting or ‘‘(1) assessing Federal research security (a) GROUNDS OF INADMISSIBILITY.—Section purporting to act on behalf of— risks posed by persons participating in feder- 212(a)(3)(A)(i) of the Immigration and Na- ally funded research and development; ‘‘(A) a faction, party, department, agency, tionality Act (8 U.S.C. 1182(a)(3)(A)(i)) is ‘‘(2) avoiding or mitigating such risks, as bureau, subnational administrative entity, amended to read as follows: appropriate and consistent with the stand- or military of a foreign country; or ‘‘(i) any activity— ards, guidelines, requirements, and practices ‘‘(B) a foreign government or a person pur- ‘‘(I) to violate any law of the United States identified by the Council under section porting to act as a foreign government, re- relating to espionage or sabotage; 7903(a); gardless of whether the United States recog- ‘‘(II) to violate or evade any law prohib- ‘‘(3) prioritizing Federal research security nizes the government. iting the export from the United States of risk assessments conducted under paragraph ‘‘(6) FOREIGN GOVERNMENT INSTITUTION.— goods, technologies, or sensitive informa- (1) based on the applicability and relevance The term ‘foreign government institution’ tion; or of the research and development to the na- means a foreign entity owned by, subject to ‘‘(III) to acquire export-controlled goods, tional security and economic competitive- the control of, or subject to regulation by a technologies, or sensitive information (not- ness of the United States; and foreign government. withstanding any exclusions for items not ‘‘(4) ensuring that all agency initiatives ‘‘(7) FOREIGN PUBLIC ENTERPRISE.—The normally subject to export controls) if the impacting Federally funded research grant term ‘foreign public enterprise’ means an en- Secretary of State has determined that the making policy and management to protect terprise over which a foreign government di- acquisition of those goods, technologies, or the national and economic security interests rectly or indirectly exercises a dominant in- sensitive information by a category of aliens of the United States are integrated with the fluence. that includes such alien would be contrary activities of the Council. ‘‘(8) LAW ENFORCEMENT AGENCY.—The term to an articulable national security (includ- ‘‘(b) INCLUSIONS.—The responsibility of the ‘law enforcement agency’— ing economic security) interest of the United head of an Executive agency for assessing ‘‘(A) means a Federal, State, local, or Trib- States;’’. Federal research security risk described in al law enforcement agency; and (b) DETERMINING FACTORS.— subsection (a) includes— ‘‘(B) includes— (1) IN GENERAL.—In establishing criteria for ‘‘(1) developing an overall Federal research ‘‘(i) the Office of Inspector General of an determining whether an alien is included in security risk management strategy and im- establishment (as defined in section 12 of the a category of aliens that may be inadmis- plementation plan and policies and processes Inspector General Act of 1978 (5 U.S.C. App.)) sible under section 212(a)(3)(A)(i)(III) of the to guide and govern Federal research secu- or a designated Federal entity (as defined in Immigration and Nationality Act, as amend- rity risk management activities by the Exec- section 8G(a) of the Inspector General Act of ed by subsection (a), officials of the Depart- utive agency; 1978 (5 U.S.C. App.)); and ment of State shall—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00169 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.059 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4848 CONGRESSIONAL RECORD — SENATE August 4, 2020 (A) seek advice and assistance from offi- (1) describes how supplementary docu- in combination with all other gifts from or cials at the Office of the Director of National ments provided by a visa applicant in sup- contracts with that foreign source within a Intelligence, the Office of Science and Tech- port of a visa application are stored and calendar year. nology Policy, the Department of Health and shared by the Department of State with au- ‘‘(2) REVISIONS; UPDATES.—The Secretary Human Services, the Department of Defense, thorized Federal agencies; shall permit institutions to revise and up- the Department of Homeland Security, the (2) identifies the sections of a visa applica- date disclosure reports previously filed to Department of Energy, the Department of tion that are machine-readable and the sec- ensure accuracy, compliance, and the ability Commerce, and other appropriate Federal tions that are not machine-readable; to cure.’’; agencies; (3) provides cost estimates, including per- (2) by amending subsection (b) to read as (B) consider factors such as the alien’s past sonnel costs and a cost-benefit analysis for follows: or likely employment or cooperation with— adopting different technologies, including ‘‘(b) CONTENTS OF REPORT.—Each report to (i) foreign military and security related or- optical character recognition, for— the Secretary required by this section shall ganizations that are adversarial to the (A) making every element of a visa appli- contain the following: United States; cation, and documents submitted in support ‘‘(1) For gifts received from or contracts (ii) foreign institutions involved in the of a visa application, machine-readable; and entered into with a foreign source other than theft of United States research; (B) ensuring that such system— a foreign government, the aggregate dollar (iii) entities involved in export control vio- (i) protects personally-identifiable infor- amount of such gifts and contracts attrib- lations or the theft of intellectual property; mation; and utable to a particular country and the legal and (ii) permits the sharing of visa information or formal name of the foreign source. The (iv) a government that seeks to undermine with Federal agencies in accordance with ex- country to which a gift is attributable is the the integrity and security of the United isting law; and country of citizenship, or if unknown, the States research community; and (4) includes an estimated timeline for com- principal residence for a foreign source who (C) weigh the proportionality of risk for pleting the implementation of subsection is a natural person, and the country of incor- the factors listed in subparagraph (B). (b)(2). poration, or if unknown, the principal place (2) MACHINE-READABLE DOCUMENTS.—Not of business, for a foreign source which is a SEC.l26. LIMITATIONS ON EDUCATIONAL AND legal entity. later than 1 year after the date of the enact- CULTURAL EXCHANGE PROGRAMS. ment of this Act, the Secretary of State ‘‘(2) For gifts received from or contracts Section 102(b)(5) of the Mutual Educational shall— entered into with a foreign government, the and Cultural Exchange Act of 1961 (22 U.S.C. (A) use a machine-readable visa applica- aggregate amount of such gifts and contracts 2452(b)(5)) is amended by striking the semi- tion form; and received from each foreign government. colon at the end and inserting the following: (B) make available documents submitted ‘‘(3) In the case of an institution which is ‘‘by developing exchange programs for for- in support of a visa application in a machine owned or controlled by a foreign source, the eign researchers and scientists, while pro- readable format to assist in— identity of the foreign source, the date on tecting technologies regulated by export (i) identifying fraud; which the foreign source assumed ownership control laws important to the national secu- (ii) conducting lawful law enforcement ac- or control, and any changes in program or rity and economic interests of the United tivities; and structure resulting from the change in own- States, including requiring sponsors— (iii) determining the eligibility of appli- ership or control. ‘‘(A) to disclose to the Department of State cants for a visa under the Immigration and ‘‘(4) An assurance that the institution will whether an exchange visitor, as a primary Nationality Act (8 U.S.C. 1101 et seq.). maintain true copies of gift and contract part of his or her exchange program, will (c) REPORTING REQUIREMENT.—Not later agreements subject to the disclosure require- have released to them controlled technology than 180 days after the date of the enactment ments under this section for at least the du- or technical data regulated by export control of this Act, and annually thereafter, the Sec- ration of the agreement. laws at sponsor organizations through re- retary of State, in coordination with the Di- ‘‘(5) An assurance that the institution will search activities, lectures, course work, rector of National Intelligence, the Director produce true copies of gift and contract sponsor employees, officers, agents, third of the Office of Science and Technology Pol- agreements subject to the disclosure require- parties at which the sponsor places the ex- icy, the Secretary of Homeland Security, the ments under this section upon request of the change visitor, volunteers, or other individ- Secretary of Defense, the Secretary of En- Secretary during a compliance audit or other uals or entities associated with a sponsor’s ergy, the Secretary of Commerce, and the institutional investigation.’’; administration of the exchange visitor pro- heads of other appropriate Federal agencies, (3) by amending subsection (e) to read as gram; shall submit a report to Congress that iden- follows: ‘‘(B) to provide a plan to the Department tifies— ‘‘(e) PUBLIC INSPECTION.—Not later than 30 (1) the criteria used to describe the cat- of State that establishes appropriate pro- days after receiving a disclosure report egory of aliens to which such section gram safeguards to prevent the unauthorized under this section, the Secretary shall make 212(a)(3)(A)(i)(III) may apply; and release of controlled technology or technical such report electronically available to the (2) the number of individuals determined data regulated by export control laws at public for downloading on a searchable data- to be inadmissible under such section sponsor organizations or through their em- base under which institutions can be individ- 212(a)(3)(A)(i)(III), including the nationality ployees, officers, agents, third parties, volun- ually identified and compared.’’; of each such individual. teers, or other individuals or entities associ- (4) in subsection (f), by adding at the end (d) CLASSIFICATION OF ANNUAL REPORT.— ated with a sponsor’s administration of the the following: Each annual report required under sub- exchange visitor program; and ‘‘(3) FINES.— section (c) shall be submitted, to the extent ‘‘(C) to demonstrate, to the satisfaction of ‘‘(A) IN GENERAL.—The Secretary may im- practicable, in an unclassified form, but may the Secretary of State, that programs that pose a fine on any institution that repeat- be accompanied by a classified appendix de- will release controlled technology or tech- edly fails to file a disclosure report for a re- tailing the criteria used to describe the cat- nical data to an exchange visitor at the ceipt of a gift from or contract with a for- egory of aliens to which such section sponsor organization through exchange vis- eign source in accordance with subsection (a) 212(a)(3)(A)(i)(III) applies if the Secretary of itor programs have received appropriate au- in an amount that is not more than 3 times State determines that such action— thorization from the Department of State, (1) is in the national security and economic the amount of the gift or contract with the the Department of Commerce, other cog- foreign source. security interests of the United States; or nizant Federal agency before the sponsor re- (2) is necessary to further the purposes of ‘‘(B) DEFINITION OF REPEATEDLY FAILS.—In leases controlled technology or technical this paragraph, the term ‘repeatedly fails’ this subtitle. data;’’. (e) REPORT.—Not later than 45 days after means that the institution failed to file a date of the enactment of this Act, the Sec- SEC.l27. AMENDMENTS TO DISCLOSURES OF disclosure report for a receipt of a gift from retary of State shall submit a report to the FOREIGN GIFTS. or contract with a foreign source in 3 con- Committee on Homeland Security and Gov- Section 117 of the Higher Education Act of secutive years.’’; ernmental Affairs of the Senate, the Com- 1965 (20 U.S.C. 1011f) is amended— (5) by amending subsection (g) to read as mittee on Commerce, Science, and Transpor- (1) by amending subsection (a) to read as follows: tation of the Senate, the Select Committee follows: ‘‘(g) RULEMAKING.— on Intelligence of the Senate, the Committee ‘‘(a) DISCLOSURE REPORT.— ‘‘(1) IN GENERAL.—Not later than 1 year on Foreign Relations of the Senate; the Com- ‘‘(1) IN GENERAL.—An institution shall file after the date of enactment of the Safe- mittee on Oversight and Reform of the House a disclosure report with the Secretary not guarding American Innovation Act, the Sec- of Representatives, the Committee on Home- later than March 31 occurring after— retary shall issue regulations to carry out land Security of the House of Representa- ‘‘(A) the calendar year in which a foreign this section using the negotiated rulemaking tives, the Committee on Energy and Com- source gains ownership of, or control over, procedure set forth in section 492(b). merce of the House of Representatives, the the institution; or ‘‘(2) ELEMENTS.—Regulations issued pursu- Permanent Select Committee on Intelligence ‘‘(B) the calendar year in which the insti- ant to paragraph (1) shall— of the House of Representatives, and the tution receives a gift from, or enters into a ‘‘(A) incorporate instructions for— Committee on Foreign Affairs of the House contract with, a foreign source, the value of ‘‘(i) reporting structured gifts and con- of Representatives that— which is $50,000 or more, considered alone or tracts; and

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‘‘(ii) reporting contracts that balances the (B) the security and safety of United (5) CLAWBACK.—The Secretary shall re- need for transparency, while protecting the States persons; cover the full amount of a grant provided to proprietary information of institutes of (5) the term ‘‘governmental entity’’ means a covered entity under this subsection if— higher education; and a State or local government; (A) as of the date that is 5 years after the ‘‘(B) clarify the definition of ‘subunit’, for (6) the term ‘‘Secretary’’ means the Sec- date on which the Secretary makes the purposes of subsection (i)(4)(C).’’; retary of Commerce; and grant, the project to which the grant relates (6) by redesignating subsection (h) as sub- (7) the term ‘‘semiconductor’’ has the has not been completed, except that the Sec- section (i); meaning given the term by the Secretary. retary may issue a waiver with respect to (7) by inserting after subsection (g) the fol- the requirement under this subparagraph if (b) GRANT PROGRAM.— lowing: the Secretary determines that issuing such a (1) IN GENERAL.—The Secretary shall estab- ‘‘(h) TREATMENT OF TUITION PAYMENT.—A waiver is appropriate and in the interests of lish in the Department of Commerce a pro- tuition and related fees and expenses pay- the United States; or gram that, in accordance with the requirement to an institution by, or a scholarship (B) during the applicable term with respect ments of this section, provides grants to cov- from, a foreign source made on behalf of a to the grant, the covered entity engages in ered entities. student enrolled at such institution shall not any joint research or technology licensing (2) PROCEDURE.— be considered a gift from or contract with a effort— foreign source under this section.’’; and (A) IN GENERAL.—A covered entity shall (i) with the Government of the People’s (8) in subsection (i), as redesignated— submit to the Secretary an application that Republic of China, the Government of the (A) in paragraph (3), by striking ‘‘or prop- describes the project for which the covered Russian Federation, the Government of Iran, erty’’ and inserting ‘‘, property, human re- entity is seeking a grant under this section. the Government of North Korea, or another sources, or staff, including staff salaries’’; (B) ELIGIBILITY.—In order for a covered en- foreign adversary; and and tity to qualify for a grant under this section, (ii) that relates to a sensitive technology (B) in paragraph (5)(B), by inserting ‘‘insti- the covered entity shall demonstrate to the or product, as determined by the Secretary. Secretary, in the application submitted by tutes, instructional programs,’’ after ‘‘cen- (c) CONSULTATION AND COORDINATION RE- ters,’’. the covered entity under subparagraph (A), that— QUIRED.—In carrying out the program estab- Subtitle C—CHIPS for America Act (Creating lished under subsection (b), the Secretary (i) the covered entity has a documented in- Helpful Incentives to Produce Semiconduc- shall consult and coordinate with the Sec- terest in constructing, expanding, or mod- tors for America) retary of State and the Secretary of Defense. ernizing a facility described in subsection SEC. l31. SEMICONDUCTOR INCENTIVE GRANTS. (a)(2); and (d) GAO REVIEWS.—The Comptroller Gen- (a) DEFINITIONS.—In this section— (ii) with respect to the project described in eral of the United States shall— (1) the term ‘‘appropriate committees of clause (i), the covered entity has— (1) not later than 2 years after the date of Congress’’ means— (I) been offered a covered incentive; enactment of this Act, and biennially there- (A) the Select Committee on Intelligence, (II) made commitments to worker and after until the date that is 10 years after the Committee on Commerce, Science, and community investment, including through— that date of enactment, conduct a review of Transportation, the Committee on Foreign (aa) training and education benefits paid the program established under subsection Relations, the Committee on Armed Serv- (b), which shall include, at a minimum— ices, the Committee on Appropriations, the by the covered entity; and (bb) programs to expand employment op- (A) a determination of the number of in- Committee on Banking, Housing, and Urban stances in which grants were provided under Affairs, and the Committee on Homeland Se- portunity for economically disadvantaged individuals; and that subsection during the period covered by curity and Governmental Affairs of the Sen- the review in violation of a requirement of ate; and (III) secured commitments from regional educational and training entities and insti- this section; (B) the Permanent Select Committee on (B) an evaluation of how— Intelligence, the Committee on Energy and tutions of higher education to provide workforce training, including programming for (i) the program is being carried out, includ- Commerce, the Committee on Foreign Af- ing how recipients of grants are being se- fairs, the Committee on Armed Services, the training and job placement of economically disadvantaged individuals. lected under the program; and Committee on Science, Space, and Tech- (ii) other Federal programs are leveraged (C) CONSIDERATIONS FOR REVIEW.—With re- nology, the Committee on Appropriations, for manufacturing, research, and training to spect to the review by the Secretary of an the Committee on Financial Services, and complement the grants awarded under the application submitted by a covered entity the Committee on Homeland Security of the program; and under subparagraph (A)— House of Representatives; (C) a description of the outcomes of (i) the Secretary may not approve the ap- (2) the term ‘‘covered entity’’ means a pri- projects supported by grants made under the plication unless the Secretary— vate entity, a consortium of private entities, program, including a description of— (I) confirms that the covered entity has or a consortium of public and private enti- (i) facilities described in subsection (a)(2) satisfied the eligibility criteria under sub- ties with a demonstrated ability to con- that were constructed, expanded, or modern- paragraph (B); and struct, expand, or modernize a facility relat- ized as a result of grants made under the pro- (II) determines that the project to which ing to the fabrication, assembly, testing, ad- gram; vanced packaging, or advanced research and the application relates is in the interest of (ii) research and development carried out development of semiconductors; the United States; and with grants made under the program; and (3) the term ‘‘covered incentive’’— (ii) the Secretary may consider whether— (iii) workforce training programs carried (A) means an incentive offered by a govern- (I) the covered entity has previously re- out with grants made under the program, in- mental entity to a covered entity for the ceived a grant made under this subsection; cluding efforts to hire individuals from dis- purposes of constructing within the jurisdic- and advantaged populations; and tion of the governmental entity, or expand- (II) the governmental entity offering the (2) submit to the appropriate committees ing or modernizing an existing facility with- applicable covered incentive has benefitted of Congress the results of each review con- in that jurisdiction, a facility described in from a grant previously made under this sub- ducted under paragraph (1). paragraph (2); and section. (B) includes any tax incentive (such as an (3) AMOUNT.—The amount of a grant made SEC. l32. DEPARTMENT OF DEFENSE. incentive or reduction with respect to em- by the Secretary to a covered entity under (a) DEPARTMENT OF DEFENSE EFFORTS.— ployment or payroll taxes or a tax abate- this subsection shall be in an amount that is (1) IN GENERAL.—The Secretary of Defense ment with respect to personal or real prop- not more than $3,000,000,000. shall, in consultation with the Secretary of erty), a workforce-related incentive (includ- (4) USE OF FUNDS.—A covered entity that Commerce, the Secretary of Homeland Secu- ing a grant agreement relating to workforce receives a grant under this subsection may rity, and the Director of National Intel- training or vocational education), any con- only use the grant amounts to— ligence, work with the private sector cession with respect to real property, fund- (A) finance the construction, expansion, or through a public-private partnership, including for research and development with re- modernization of a facility described in sub- ing by incentivizing the formation of a con- spect to semiconductors, and any other in- section (a)(2), as documented in the applica- sortium of United States companies, to en- centive determined appropriate by the Sec- tion submitted by the covered entity under sure the development and production of ad- retary, in consultation with the Secretary of paragraph (2)(A), or for similar uses in state vanced, measurably secure microelectronics State; of practice and legacy facilities, as deter- for use by the Department of Defense, the in- (4) the term ‘‘foreign adversary’’ means mined necessary by the Secretary for pur- telligence community, critical infrastruc- any foreign government or foreign non- poses relating to the national security and ture sectors, and other national security ap- government person that is engaged in a long- economic competitiveness of the United plications. Such work may include providing term pattern, or is involved in a serious in- States; incentives for the creation, expansion, or stance, of conduct that is significantly ad- (B) support workforce development for the modernization of one or more commercially verse to— facility described in subparagraph (A); or competitive and sustainable microelec- (A) the national security of the United (C) support site development for the facil- tronics manufacturing or advanced research States or an ally of the United States; or ity described in subparagraph (A). and development facilities.

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(2) RISK MITIGATION REQUIREMENTS.—A par- (A) REPORT BY SECRETARY OF DEFENSE.— significant interdependencies between the ticipant in a consortium formed with incen- Not later than 90 days after the date of the United States industrial base and the indus- tives under paragraph (1) shall— enactment of this Act, the Secretary of De- trial base of foreign countries with respect (A) have the potential to perform fabrica- fense shall submit to Congress a report on to the manufacture, design, and end use of tion, assembly, package, or test functions for the plans of the Secretary to carry out para- microelectronics. microelectronics deemed critical to national graph (1). (b) RESPONSE TO SURVEY.—The Secretary (B) BIENNIAL REPORTS BY COMPTROLLER security as defined by export control regu- shall ensure compliance with the survey GENERAL OF THE UNITED STATES.—Not later latory agencies in consultation with the Na- from among all relevant potential respond- than 1 year after the date on which the Sec- tional Security Adviser and the Secretary of ents, including the following: retary submits the report required by sub- Defense; (1) Corporations, partnerships, associa- paragraph (A) and not less frequently than (B) include management processes to iden- tions, or any other organized groups domi- once every 2 years thereafter for a period of tify and mitigate supply chain security ciled and with substantial operations in the 10 years, the Comptroller General of the risks; and United States. United States shall submit to Congress a re- (C) be able to produce microelectronics (2) Corporations, partnerships, associa- port on the activities carried out under this consistent with applicable measurably se- tions, or any other organized groups domi- subsection. cure supply chain and operational security ciled in the United States with operations (b) DEFENSE PRODUCTION ACT OF 1950 EF- standards established under section 224(b) of outside the United States. FORTS.— the National Defense Authorization Act for (3) Foreign domiciled corporations, part- Fiscal Year 2020 (Public Law 116–92). (1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, nerships, associations, or any other orga- (3) NATIONAL SECURITY CONSIDERATIONS.— nized groups with substantial operations or The Secretary of Defense and the Director of the President shall submit to Congress a report on a plan for use by the Department of business presence in, or substantial revenues National Intelligence shall select partici- derived from, the United States. pants for the consortium formed with incen- Defense of authorities available in title III of the Defense Production Act of 1950 (50 U.S.C. (4) Foreign domiciled corporations, part- tives under paragraph (1). In selecting such nerships, associations, or any other orga- participants, the Secretary and the Director 4531 et seq.) to establish and enhance a domestic production capability for microelec- nized groups in defense treaty or assistance may jointly consider whether the United countries where the production of the entity States companies— tronics technologies and related technologies, subject to the availability of appro- concerned involves critical technologies cov- (A) have participated in previous programs ered by section 2. and projects of the Department of Defense, priations for that purpose. Department of Energy, or the intelligence (2) CONSULTATION.—The President shall de- (c) INFORMATION REQUESTED.—The informa- community, including— velop the plan required by paragraph (1) in tion sought from a responding entity pursu- (i) the Trusted Integrated Circuit program coordination with the Secretary of Defense, ant to the survey required by subsection (a) of the Intelligence Advanced Research and in consultation with the Secretary of shall include, at minimum, information on Projects Activity; State, the Secretary of Commerce, and ap- the following with respect to the manufac- (ii) trusted and assured microelectronics propriate stakeholders in the private sector. ture. design, or end use of microelectronics (c) DEPARTMENT OF DEFENSE REQUIREMENTS projects, as administered by the Department by such entity: FOR SOURCING FROM DOMESTIC MICROELEC- of Defense; (1) An identification of the geographic TRONICS DESIGN AND FOUNDRY SERVICES.— (iii) the Electronics Resurgence Initiative scope of operations. (1) REQUIREMENTS REQUIRED.—Not later (ERI) program of the Defense Advanced Re- (2) Information on relevant cost struc- than 1 year after the date of the enactment search Projects Agency; or tures. of this Act, the Secretary of Defense, in co- (iv) relevant semiconductor research pro- (3) An identification of types of microelec- ordination with the Secretary of Energy, the grams of Advanced Research Projects Agen- tronics development, manufacture, assem- Secretary of Homeland Security, and the Di- cy–Energy; bly, test, and packaging equipment in oper- rector of National Intelligence, shall estab- (B) have demonstrated an ongoing commit- ation at such entity. lish requirements, standards, and a timeline ment to performing contracts for the Depart- (4) An identification of all relevant intel- for enforcement of such requirements, to the ment of Defense and the intelligence commu- lectual property, raw materials, and semi- extent possible, for domestic sourcing for nity; finished goods and components sourced do- microelectronics design and foundry serv- (C) are approved by the Defense Counter- mestically and abroad by such entity. ices, and for commercial microelectronics intelligence and Security Agency or the Of- (5) Specifications of the microelectronics products, by programs, contractors, sub- fice of the Director of National Intelligence manufactured or designed by such entity, de- contractors, and other recipients of funding as presenting an acceptable security risk, scriptions of the end-uses of such microelec- from the Department of Defense, Depart- taking into account supply chain assurance tronics, and a description of any technical ment of Energy, Department of Homeland vulnerabilities, counterintelligence risks, support provided to end-users of such micro- Security, and the Director of National Intel- and any risks presented by companies whose electronics by such entity. ligence. owners are located outside the United (6) Information on domestic and export (2) PROCESSES FOR WAIVERS.—The require- States; and market sales by such entity. ments established under paragraph (1) shall (D) are evaluated periodically for foreign (7) Information on the financial perform- include processes to permit waivers for spe- ownership, control, or influence by foreign ance, including income and expenditures, of cific contracts or transactions for domestic adversaries. such entity. sourcing requirements based on cost, avail- (8) A list of all foreign and domestic sub- (4) NONTRADITIONAL DEFENSE CONTRACTORS ability, severity of technical and mission re- sidies, and any other financial incentives, re- AND COMMERCIAL ENTITIES.—Arrangements quirements, emergency requirements and entered into to carry out paragraph (1) shall ceived by such entity in each market in operational needs, other legal or inter- be in such form as the Secretary of Defense which such entity operates. national treaty obligations, or other factors. determines appropriate to encourage indus- (9) A list of information requests from the (3) UPDATES.—Not less frequently than try participation of nontraditional defense People’s Republic of China to such entity, once each year, the Secretary shall— contractors or commercial entities and may and a description of the nature of each re- (A) update the requirements and timelines include a contract, a grant, a cooperative quest and the type of information provided. established under paragraph (1) and the proc- agreement, a commercial agreement, the use (10) Information on any joint ventures, esses under paragraph (2); and of other transaction authority under section technology licensing agreements, and coop- (B) submit to Congress a report on the up- 2371 of title 10, United States Code, or an- erative research or production arrangements dates made under subparagraph (A). other such arrangement. of such entity. SEC.l33. DEPARTMENT OF COMMERCE STUDY (11) A description of efforts by such entity (5) DISCHARGE.—The Secretary of Defense ON STATUS OF MICROELECTRONICS to evaluate and control supply chain risks it shall carry out paragraph (1) jointly through TECHNOLOGIES IN THE UNITED the Office of the Under Secretary of Defense faces. STATES INDUSTRIAL BASE. (12) A list and description of any sales, li- for Research and Engineering and the Office (a) IN GENERAL.—Commencing not later censing agreements, or partnerships between of the Under Secretary of Defense for Acqui- than 120 days after the date of the enactment such entity and the People’s Liberation sition and Sustainment, or such other com- of this Act, the Secretary of Commerce and Army or People’s Armed Police, including ponent of the Department of Defense as the the Secretary of Homeland Security, in con- any business relationships with entities Secretary considers appropriate. sultation with the Secretary of Defense and through which such sales, licensing agree- (6) OTHER INITIATIVES.—The Secretary of the heads of other appropriate Federal de- ments, or partnerships may occur. Defense shall dedicate initiatives within the partments and agencies, shall undertake a Department of Defense to advance radio fre- review, which shall include a survey, using (d) REPORT.— quency, mixed signal, radiation tolerant, and authorities in section 705 of the Defense Pro- (1) IN GENERAL.—The Secretary of Com- radiation hardened microelectronics that duction Act (50 U.S.C. 4555), to assess the ca- merce shall, in consultation with the Sec- support national security and dual-use appli- pabilities of the United States industrial retary of Defense, the Secretary of Homeland cations. base to support the national defense in light Security, and the heads of other appropriate (7) REPORTS.— of the global nature of the supply chain and Federal departments and agencies, submit to

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The report with the governments of countries that are Committee on Commerce, Science, and shall include the following: partners of the United States, that uses Transportation, the Committee on Foreign (A) An assessment of the results of the sur- amounts from the Fund, and amounts com- Relations, the Committee on Armed Serv- vey. mitted by such governments, to support the ices, the Committee on Energy and Natural (B) A list of critical technology areas im- development and adoption of secure micro- Resources, the Committee on Appropria- pacted by potential disruptions in produc- electronics and secure microelectronics sup- tions, the Committee on Banking, Housing, tion of microelectronics, and a detailed de- ply chains, including for use in research and and Urban Affairs, and the Committee on scription and assessment of the impact of development collaborations among countries Homeland Security and Governmental Af- such potential disruptions on such areas. participating in the common funding mecha- fairs of the Senate; and (C) A description and assessment of gaps nism. (2) the Permanent Select Committee on In- and vulnerabilities in the microelectronics (2) MUTUAL COMMITMENTS.—The Secretary telligence, the Committee on Energy and supply chain and the national industrial sup- of State, in consultation with the United Commerce, the Committee on Foreign Af- ply base. States Trade Representative, the Secretary fairs, the Committee on Armed Services, the (2) FORM.—The report required by para- of the Treasury, and the Secretary of Com- Committee on Science, Space, and Tech- graph (1) may be submitted in classified merce, shall seek to negotiate a set of mu- nology, the Committee on Financial Serv- form. tual commitments with the governments of ices, and the Committee on Homeland Secu- SEC.l34. FUNDING FOR DEVELOPMENT AND countries that are partners of the United rity of the House of Representatives. ADOPTION OF MEASURABLY SECURE States upon which to condition any expendi- MICROELECTRONICS AND MEASUR- ture of funds pursuant to the common fund- (b) SENSE OF CONGRESS.—It is the sense of ABLY SECURE MICROELECTRONICS ing mechanism described in paragraph (1). Congress that the leadership of the United SUPPLY CHAINS. Such commitments shall, at a minimum— States in semiconductor technology and in- (a) MULTILATERAL MICROELECTRONICS SECU- (A) establish transparency requirements RITY FUND.— novation is critical to the economic growth for any subsidies or other financial benefits (1) ESTABLISHMENT OF FUND.—There is es- and national security of the United States. (including revenue foregone) provided to tablished in the Treasury of the United (c) SUBCOMMITTEE ON SEMICONDUCTOR States a trust fund, to be known as the microelectronics firms located in or outside such countries; LEADERSHIP.— ‘‘Multilateral Microelectronics Security (1) ESTABLISHMENT REQUIRED.—The Presi- Fund’’ (in this section referred to as the (B) establish consistent policies with respect to countries that— dent shall establish in the National Science ‘‘Fund’’), consisting of such amounts as may and Technology Council a subcommittee on be appropriated to such Fund and any (i) are not participating in the common funding mechanism; and matters relating to leadership of the United amounts that may be credited to the Fund States in semiconductor technology and in- under paragraph (2). (ii) do not meet transparency requirements established under subparagraph (A); novation. (2) INVESTMENT OF AMOUNTS.— (C) promote harmonized treatment of (2) DUTIES.—The duties of the sub- (A) INVESTMENT OF AMOUNTS.—The Sec- committee established under paragraph (1) retary of the Treasury shall invest such por- microelectronics and verification processes are as follows: tion of the Fund as is not required to meet for items being exported to a country consid- (A) NATIONAL STRATEGY ON SEMICONDUCTOR current withdrawals in interest-bearing obli- ered a national security risk by a country gations of the United States or in obliga- participating in the common funding mecha- RESEARCH.— tions guaranteed as to both principal and in- nism; (i) DEVELOPMENT.—In coordination with terest by the United States. (D) establish consistent policies and com- the Secretary of Defense, the Secretary of mon external policies to address nonmarket (B) INTEREST AND PROCEEDS.—The interest Energy, the Secretary of State, the Sec- on, and the proceeds from the sale or re- economies as the behavior of such countries retary of Commerce, the Secretary of Home- demption of, any obligations held in the pertains to microelectronics; land Security, the Director of the National Fund shall be credited to and form a part of (E) align policies on supply chain integrity Science Foundation, and the Director of the the Fund. and microelectronics security, including National Institute of Standards and Tech- with respect to protection and enforcement (3) USE OF FUND.— nology and in consultation with the semi- of intellectual property rights; and (A) IN GENERAL.—Subject to subparagraph conductor industry and academia, develop a (B), amounts in the Fund shall be available, (F) promote harmonized foreign direct in- national strategy on semiconductor re- as provided in advance in an appropriations vestment screening measures with respect to search, development, manufacturing, and Act, to the Secretary of State— microelectronics to align with national and supply chain security, including guidance for (i) to provide funding through the common multilateral security priorities. the funding of research, and strengthening of funding mechanism described in subsection (c) ANNUAL REPORT TO CONGRESS.—Not the domestic microelectronics workforce. (b)(1) to support the development and adop- later than one year after the date of the en- (ii) REPORTING AND UPDATES.—Not less fre- tion of measurably secure microelectronics actment of this Act, and annually thereafter quently than once every 5 years, to update and measurably secure microelectronics sup- for each fiscal year during which amounts in the strategy developed under clause (i) and ply chains; and the Fund are available under subsection to submit the revised strategy to the appro- (ii) to otherwise carry out this section. (a)(4), the Secretary of State shall submit to priate committees of Congress. Congress a report on the status of the imple- (B) AVAILABILITY CONTINGENT ON INTER- (iii) IMPLEMENTATION.—In coordination mentation of this section that includes a de- NATIONAL AGREEMENT.—Amounts in the Fund with the Secretary of Defense, the Secretary scription of— shall be available to the Secretary of State of Energy, the Secretary of State, the Sec- (1) any commitments made by the govern- on and after the date on which the Secretary retary of Commerce, the Secretary of Home- ments of countries that are partners of the enters into an agreement with the govern- land Security, the Director of the National ments of countries that are partners of the United States to providing funding for the common funding mechanism described in Science Foundation, and the Director of the United States to participate in the common National Institute of Standards and Tech- funding mechanism under paragraph (1) of subsection (b)(1) and the specific amount so committed; nology, on an annual basis coordinate and subsection (b) and the commitments de- recommend each agency’s semiconductor re- scribed in paragraph (2) of that subsection. (2) the criteria established for expenditure of funds through the common funding mech- lated research and development programs (4) AVAILABILITY OF AMOUNTS.— anism; and budgets to ensure consistency with the (A) IN GENERAL.—Amounts in the Fund National Semiconductor Strategy. shall remain available through the end of the (3) how, and to whom, amounts have been expended from the Fund; (B) FOSTERING COORDINATION OF RESEARCH tenth fiscal year beginning after the date of AND DEVELOPMENT.—To foster the coordina- the enactment of this Act. (4) amounts remaining in the Fund; (5) the progress of the Secretary of State tion of semiconductor research and develop- (B) REMAINDER TO TREASURY.—Any ment. amounts remaining in the Fund after the end toward entering into an agreement with the governments of countries that are partners (3) SUNSET.—The subcommittee established of the fiscal year described in subparagraph under paragraph (1) shall terminate on the (A) shall be deposited in the general fund of of the United States to participate in the common funding mechanism and the com- date that is 10 years after the date of enact- the Treasury. ment of this Act. (b) COMMON FUNDING MECHANISM FOR DE- mitments described in subsection (b)(2); and VELOPMENT AND ADOPTION OF MEASURABLY (6) any additional authorities needed to en- (d) INDUSTRIAL ADVISORY COMMITTEE.—The SECURE MICROELECTRONICS AND MEASURABLY hance the effectiveness of the Fund in President shall establish a standing sub- SECURE MICROELECTRONICS SUPPLY CHAINS.— achieving the security goals of the United committee of the President’s Council of Ad- States. (1) IN GENERAL.—The Secretary of State, in visors on Science and Technology to advise consultation with the Secretary of Com- SEC.l35. ADVANCED SEMICONDUCTOR RE- the United States Government on matters merce, the Secretary of Defense, the Sec- SEARCH AND DESIGN. relating to microelectronics policy. retary of Homeland Security, the Secretary (a) APPROPRIATE COMMITTEES OF CON- of the Treasury, and the Director of National GRESS.—In this section, the term ‘‘appro- (e) NATIONAL SEMICONDUCTOR TECHNOLOGY Intelligence, shall seek to establish a com- priate committees of Congress’’ means— CENTER.—

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(1) ESTABLISHMENT.—The Secretary of funds and domestic control requirements to ‘‘(B) workforce training for exploration Commerce shall establish a national semi- protect any such intellectual property from and development of critical minerals and conductor technology center to conduct re- foreign adversaries. critical mineral manufacturing; search and prototyping of advanced semicon- SEC. l36. PROHIBITION RELATING TO FOREIGN ‘‘(10) bolster international cooperation ductor technology to strengthen the eco- ADVERSARIES. through technology transfer, information nomic competitiveness and security of the None of the funds appropriated pursuant to sharing, and other means; domestic supply chain, which will be oper- an authorization in this subtitle may be pro- ‘‘(11) promote the efficient production, use, ated as a public private-sector consortium vided to an entity— and recycling of critical minerals; with participation from the private sector, (1) under the foreign ownership, control, or ‘‘(12) develop alternatives to critical min- the Department of Defense, the Department influence of the Government of the People’s erals; and of Energy, the Department of Homeland Se- Republic of China or the Chinese Communist ‘‘(13) establish contingencies for the pro- curity, the National Science Foundation, Party, or other foreign adversary (as defined duction of, or access to, critical minerals for and the National Institute of Standards and in section 301(a)(4)); or which viable sources do not exist within the Technology. (2) determined to have beneficial owner- United States.’’. (2) FUNCTIONS.—The functions of the center ship from foreign individuals subject to the (2) CONFORMING AMENDMENT.—Section 2(b) established under paragraph (1) shall be as jurisdiction, direction, or influence of for- of the National Materials and Minerals Pol- follows: eign adversaries (as so defined). icy, Research and Development Act of 1980 (A) To conduct advanced semiconductor Subtitle D—Critical Minerals (30 U.S.C. 1601(b)) is amended by striking ‘‘(b) manufacturing, design research and proto- SEC. l41. MINERAL SECURITY. As used in this Act, the term’’ and inserting typing that strengthens the entire domestic (a) DEFINITIONS.—In this section: the following: ecosystem and is aligned with the National (1) BYPRODUCT.—The term ‘‘byproduct’’ ‘‘(b) DEFINITIONS.—In this Act: Strategy on Semiconductor Research. means a critical mineral— ‘‘(1) CRITICAL MINERAL.—The term ‘critical (B) To establish a National Advanced (A) the recovery of which depends on the mineral’ means any mineral, element, sub- Packaging Manufacturing Program led by production of a host mineral that is not des- stance, or material designated as critical by the National Institute of Standards and ignated as a critical mineral; and the Secretary under section 401(c) of the Re- Technology, in coordination with the Center, (B) that exists in sufficient quantities to storing Critical Supply Chains and Intellec- to strengthen semiconductor advanced test, be recovered during processing or refining. tual Property Act. assembly, and packaging capability in the (2) CRITICAL MINERAL.— ‘‘(2) MATERIALS.—The term’’. (c) CRITICAL MINERAL DESIGNATIONS.— domestic ecosystem, and which shall coordi- (A) IN GENERAL.—The term ‘‘critical min- (1) DRAFT METHODOLOGY AND LIST.—The nate with the Manufacturing USA institute eral’’ means any mineral, element, sub- Secretary, acting through the Director of established under paragraph (4). stance, or material designated as critical by the United States Geological Survey (re- (C) To establish an investment fund, in the Secretary under subsection (c). ferred to in this subsection as the ‘‘Sec- partnership with the private sector, to sup- (B) EXCLUSIONS.—The term ‘‘critical min- port startups in the domestic semiconductor eral’’ does not include— retary’’), shall publish in the Federal Reg- ecosystem. (i) fuel minerals, including oil, natural gas, ister for public comment— (D) To establish a Semiconductor Manufac- or any other fossil fuels; or (A) a description of the draft methodology turing Program through the Director of the (ii) water, ice, or snow. used to identify a draft list of critical minerals; National Institute of Standards and Tech- (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ nology to enable advances and break- has the meaning given the term in section 4 (B) a draft list of minerals, elements, sub- throughs in measurement science, standards, of the Indian Self-Determination and Edu- stances, and materials that qualify as crit- material characterization, instrumentation, cation Assistance Act (25 U.S.C. 5304). ical minerals; and (C) a draft list of critical minerals recov- testing, and manufacturing capabilities that (4) SECRETARY.—The term ‘‘Secretary’’ will accelerate the underlying research and means the Secretary of the Interior. ered as byproducts. (2) AVAILABILITY OF DATA.—If available development for metrology of next genera- (5) STATE.—The term ‘‘State’’ means— data is insufficient to provide a quantitative tion semiconductors and ensure the competi- (A) a State; basis for the methodology developed under tiveness and leadership of the United States (B) the District of Columbia; this subsection, qualitative evidence may be within this sector. (C) the Commonwealth of Puerto Rico; (E) To work with the Secretary of Labor, (D) Guam; used to the extent necessary. the private sector, educational institutions, (E) American Samoa; (3) FINAL METHODOLOGY AND LIST.—After and workforce training entities to develop (F) the Commonwealth of the Northern reviewing public comments on the draft workforce training programs and apprentice- Mariana Islands; and methodology and the draft lists published ships in advanced microelectronic packaging (G) the United States Virgin Islands. under paragraph (1) and updating the meth- capabilities. (b) POLICY.— odology and lists as appropriate, not later (3) COMPONENTS.—The fund established (1) IN GENERAL.—Section 3 of the National than 45 days after the date on which the pub- under paragraph (2)(C) shall cover the fol- Materials and Minerals Policy, Research and lic comment period with respect to the draft lowing: Development Act of 1980 (30 U.S.C. 1602) is methodology and draft lists closes, the Sec- (A) Advanced metrology and characteriza- amended in the second sentence— retary shall publish in the Federal Reg- tion for manufacturing of microchips using 3 (A) by striking paragraph (3) and inserting ister— nanometer transistor processes or more ad- the following: (A) a description of the final methodology vanced processes. ‘‘(3) establish an analytical and forecasting for determining which minerals, elements, (B) Metrology for security and supply capability for identifying critical mineral substances, and materials qualify as critical chain verification. demand, supply, and other factors to allow minerals; (4) CREATION OF A MANUFACTURING USA IN- informed actions to be taken to avoid supply (B) the final list of critical minerals; and STITUTE.—The fund established under para- shortages, mitigate price volatility, and pre- (C) the final list of critical minerals recov- graph (2)(C) may also cover the creation of a pare for demand growth and other market ered as byproducts. Manufacturing USA institute described in shifts;’’; (4) DESIGNATIONS.— section 34(d) of the National Institute of (B) in paragraph (6), by striking ‘‘and’’ (A) IN GENERAL.—For purposes of carrying Standards and Technology Act (15 U.S.C. after the semicolon at the end; and out this subsection, the Secretary shall 278s(d)) that is focused on semiconductor (C) by striking paragraph (7) and inserting maintain a list of minerals, elements, sub- manufacturing. Such institute may empha- the following: stances, and materials designated as critical, size the following: ‘‘(7) facilitate the availability, develop- pursuant to the final methodology published (A) Research to support the virtualization ment, and environmentally responsible pro- under paragraph (3), that the Secretary de- and automation of maintenance of semicon- duction of domestic resources to meet na- termines— ductor machinery. tional material or critical mineral needs; (i) are essential to the economic or na- (B) Development of new advanced test, as- ‘‘(8) avoid duplication of effort, prevent un- tional security of the United States; sembly and packaging capabilities. necessary paperwork, and minimize delays in (ii) the supply chain of which is vulnerable (C) Developing and deploying educational the administration of applicable laws (in- to disruption (including restrictions associ- and skills training curricula needed to sup- cluding regulations) and the issuance of per- ated with foreign political risk, abrupt de- port the industry sector and ensure the U.S. mits and authorizations necessary to explore mand growth, military conflict, violent un- can build and maintain a trusted and pre- for, develop, and produce critical minerals rest, anti-competitive or protectionist be- dictable talent pipeline. and to construct critical mineral manufac- haviors, and other risks throughout the sup- (f) DOMESTIC PRODUCTION REQUIREMENTS.— turing facilities in accordance with applica- ply chain); and The head of any executive agency receiving ble environmental and land management (iii) serve an essential function in the man- funding under this section shall develop poli- laws; ufacturing of a product (including energy cies to require domestic production, to the ‘‘(9) strengthen— technology-, defense-, currency-, agriculture- extent possible, for any intellectual property ‘‘(A) educational and research capabilities , consumer electronics-, and health care-re- resulting from microelectronics research and at not lower than the secondary school level; lated applications), the absence of which development conducted as a result of these and would have significant consequences for the

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economic or national security of the United (A) IN GENERAL.—The Secretary may se- (i) to incorporate and address the interests States. quence the completion of resource assess- of those parties; and (B) INCLUSIONS.—Notwithstanding the cri- ments for each critical mineral such that (ii) to minimize delays; teria under paragraph (3), the Secretary may critical minerals considered to be most crit- (D) ensuring transparency and account- designate and include on the list any min- ical under the methodology established ability by using cost-effective information eral, element, substance, or material deter- under subsection (c) are completed first. technology to collect and disseminate infor- mined by another Federal agency to be stra- (B) REPORTING.—During the period begin- mation regarding individual projects and tegic and critical to the defense or national ning not later than 1 year after the date of agency performance; security of the United States. enactment of this Act and ending on the date (E) engaging in early and active consulta- (C) REQUIRED CONSULTATION.—The Sec- of completion of all of the assessments re- tion with State, local, and Indian tribal gov- retary shall consult with the Secretaries of quired under this subsection, the Secretary ernments to avoid conflicts or duplication of Defense, Commerce, Agriculture, and Energy shall submit to Congress on an annual basis effort, resolve concerns, and allow for con- and the United States Trade Representative an interim report that— current, rather than sequential, reviews; in designating minerals, elements, sub- (i) identifies the sequence and schedule for (F) providing demonstrable improvements stances, and materials as critical under this completion of the assessments if the Sec- in the performance of Federal permitting paragraph. retary sequences the assessments; or and review processes, including lower costs (5) SUBSEQUENT REVIEW.— (ii) describes the progress of the assess- and more timely decisions; (A) IN GENERAL.—The Secretary, in con- ments if the Secretary does not sequence the (G) expanding and institutionalizing per- sultation with the Secretaries of Defense, assessments. mitting and review process improvements Commerce, Agriculture, and Energy and the (6) UPDATES.—The Secretary may periodi- that have proven effective; United States Trade Representative, shall cally update the assessments conducted (H) developing mechanisms to better com- review the methodology and list under para- under this subsection based on— municate priorities and resolve disputes graph (3) and the designations under para- (A) the generation of new information or among agencies at the national, regional, graph (4) at least every 3 years, or more fre- datasets by the Federal Government; or State, and local levels; and quently as the Secretary considers to be ap- (B) the receipt of new information or (I) developing other practices, such as propriate. datasets from critical mineral producers, preapplication procedures. (B) REVISIONS.—Subject to paragraph State geological surveys, academic institu- (3) REVIEW AND REPORT.—Not later than 1 (4)(A), the Secretary may— tions, trade associations, or other persons. year after the date of enactment of this Act, (i) revise the methodology described in this (7) ADDITIONAL SURVEYS.—The Secretary the Secretaries shall submit to Congress a subsection; shall complete a resource assessment for report that— (ii) determine that minerals, elements, each additional mineral or element subse- (A) identifies additional measures (includ- substances, and materials previously deter- quently designated as a critical mineral ing regulatory and legislative proposals, as mined to be critical minerals are no longer under subsection (c)(5)(B) not later than 2 appropriate) that would increase the timeli- critical minerals; and years after the designation of the mineral or ness of permitting activities for the explo- (iii) designate additional minerals, ele- element. ration and development of domestic critical (8) REPORT.—Not later than 2 years after minerals; ments, substances, or materials as critical the date of enactment of this Act, the Sec- (B) identifies options (including cost recov- minerals. retary shall submit to Congress a report de- ery paid by permit applicants) for ensuring (6) NOTICE.—On finalization of the method- scribing the status of geological surveying of adequate staffing and training of Federal en- ology and the list under paragraph (3), or any Federal land for any mineral commodity— tities and personnel responsible for the con- revision to the methodology or list under (A) for which the United States was de- sideration of applications, operating plans, paragraph (5), the Secretary shall submit to pendent on a foreign country for more than leases, licenses, permits, and other use au- Congress written notice of the action. 25 percent of the United States supply, as de- thorizations for critical mineral-related ac- (d) RESOURCE ASSESSMENT.— picted in the report issued by the United tivities on Federal land; (1) IN GENERAL.—Not later than 4 years States Geological Survey entitled ‘‘Mineral (C) quantifies the amount of time typically after the date of enactment of this Act, in Commodity Summaries 2020’’; but required (including range derived from min- consultation with applicable State (includ- (B) that is not designated as a critical minimum and maximum durations, mean, me- ing geological surveys), local, academic, in- eral under subsection (c). dian, variance, and other statistical meas- dustry, and other entities, the Secretary (e) PERMITTING.— ures or representations) to complete each (acting through the Director of the United (1) SENSE OF CONGRESS.—It is the sense of step (including those aspects outside the States Geological Survey) or a designee of Congress that— control of the executive branch, such as judi- the Secretary, shall complete a comprehen- (A) critical minerals are fundamental to cial review, applicant decisions, or State and sive national assessment of each critical the economy, competitiveness, and security local government involvement) associated mineral that— of the United States; with the development and processing of ap- (A) identifies and quantifies known critical (B) to the maximum extent practicable, plications, operating plans, leases, licenses, mineral resources, using all available public the critical mineral needs of the United permits, and other use authorizations for and private information and datasets, in- States should be satisfied by minerals re- critical mineral-related activities on Federal cluding exploration histories; and sponsibly produced and recycled in the land, which shall serve as a baseline for the (B) provides a quantitative and qualitative United States; and performance metric under paragraph (4); and assessment of undiscovered critical mineral (C) the Federal permitting process has (D) describes actions carried out pursuant resources throughout the United States, in- been identified as an impediment to mineral to paragraph (2). cluding probability estimates of tonnage and production and the mineral security of the (4) PERFORMANCE METRIC.—Not later than grade, using all available public and private United States. 90 days after the date of submission of the information and datasets, including explo- (2) PERFORMANCE IMPROVEMENTS.—To im- report under paragraph (3), the Secretaries, ration histories. prove the quality and timeliness of decisions, after providing public notice and an oppor- (2) SUPPLEMENTARY INFORMATION.—In car- the Secretary (acting through the Director tunity to comment, shall develop and pub- rying out this subsection, the Secretary may of the Bureau of Land Management) and the lish a performance metric for evaluating the carry out surveys and field work (including Secretary of Agriculture (acting through the progress made by the executive branch to ex- drilling, remote sensing, geophysical sur- Chief of the Forest Service) (referred to in pedite the permitting of activities that will veys, topographical and geological mapping, this subsection as the ‘‘Secretaries’’) shall, increase exploration for, and development of, and geochemical sampling and analysis) to to the maximum extent practicable, with re- domestic critical minerals, while maintain- supplement existing information and spect to critical mineral production on Fed- ing environmental standards. datasets available for determining the exist- eral land, complete Federal permitting and (5) ANNUAL REPORTS.—Beginning with the ence of critical minerals in the United review processes with maximum efficiency first budget submission by the President States. and effectiveness, while supporting vital eco- under section 1105 of title 31, United States (3) PUBLIC ACCESS.—Subject to applicable nomic growth, by— Code, after publication of the performance law, to the maximum extent practicable, the (A) establishing and adhering to timelines metric required under paragraph (4), and an- Secretary shall make all data and metadata and schedules for the consideration of, and nually thereafter, the Secretaries shall sub- collected from the comprehensive national final decisions regarding, applications, oper- mit to Congress a report that— assessment carried out under paragraph (1) ating plans, leases, licenses, permits, and (A) summarizes the implementation of rec- publically and electronically accessible. other use authorizations for mineral-related ommendations, measures, and options identi- (4) TECHNICAL ASSISTANCE.—At the request activities on Federal land; fied in subparagraphs (A) and (B) of para- of the Governor of a State or the head of an (B) establishing clear, quantifiable, and graph (3); Indian tribe, the Secretary may provide temporal permitting performance goals and (B) using the performance metric under technical assistance to State governments tracking progress against those goals; paragraph (4), describes progress made by the and Indian tribes conducting critical mineral (C) engaging in early collaboration among executive branch, as compared to the base- resource assessments on non-Federal land. agencies, project sponsors, and affected line established pursuant to paragraph (3)(C), (5) PRIORITIZATION.— stakeholders— on expediting the permitting of activities

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00175 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.059 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4854 CONGRESSIONAL RECORD — SENATE August 4, 2020 that will increase exploration for, and devel- (A) advanced critical mineral extraction, (III) the implications of any supply short- opment of, domestic critical minerals; and production, separation, alloying, or proc- ages, restrictions, or disruptions during the (C) compares the United States to other essing technologies that decrease the energy preceding year; countries in terms of permitting efficiency consumption, environmental impact, and (v) the quantity of each critical mineral and any other criteria relevant to the glob- costs of those activities, including— domestically recycled during the preceding ally competitive critical minerals industry. (i) efficient water and wastewater manage- year; (6) INDIVIDUAL PROJECTS.—Using data from ment strategies; (vi) the market penetration during the pre- the Secretaries generated under paragraph (ii) technologies and management strate- ceding year of alternatives to each critical (5), the Director of the Office of Management gies to control the environmental impacts of mineral; and Budget shall prioritize inclusion of indi- radionuclides in ore tailings; (vii) a discussion of international trends vidual critical mineral projects on the (iii) technologies for separation and proc- associated with the discovery, production, website operated by the Office of Manage- essing; and consumption, use, costs of production, ment and Budget in accordance with section (iv) technologies for increasing the recov- prices, and recycling of each critical mineral 1122 of title 31, United States Code. ery rates of byproducts from host metal ores; as well as the development of alternatives to (7) REPORT OF SMALL BUSINESS ADMINISTRA- (B) technologies or process improvements critical minerals; and TION.—Not later than 1 year and 300 days that minimize the use, or lead to more effi- (viii) such other data, analyses, and eval- after the date of enactment of this Act, the cient use, of critical minerals across the full uations as the Secretary finds are necessary Administrator of the Small Business Admin- supply chain; to achieve the purposes of this subsection; istration shall submit to the applicable com- and (C) technologies, process improvements, or mittees of Congress a report that assesses (B) a comprehensive forecast, entitled the design optimizations that facilitate the recy- the performance of Federal agencies with re- ‘‘Annual Critical Minerals Outlook’’, of pro- cling of critical minerals, and options for im- spect to— jected critical mineral production, consump- proving the rates of collection of products (A) complying with chapter 6 of title 5, tion, and recycling patterns, including— and scrap containing critical minerals from United States Code (commonly known as the (i) the quantity of each critical mineral ‘‘Regulatory Flexibility Act’’), in promul- post-consumer, industrial, or other waste projected to be domestically produced over gating regulations applicable to the critical streams; the subsequent 1-year, 5-year, and 10-year pe- minerals industry; and (D) commercial markets, advanced storage riods; (B) performing an analysis of regulations methods, energy applications, and other ben- (ii) the quantity of each critical mineral applicable to the critical minerals industry eficial uses of critical minerals processing projected to be domestically consumed over that may be outmoded, inefficient, duplica- byproducts; the subsequent 1-year, 5-year, and 10-year pe- tive, or excessively burdensome. (E) alternative minerals, metals, and ma- riods; (f) FEDERAL REGISTER PROCESS.— terials, particularly those available in abun- (iii) an assessment of— (1) DEPARTMENTAL REVIEW.—Absent any ex- dance within the United States and not sub- (I) critical mineral requirements to meet traordinary circumstance, and except as oth- ject to potential supply restrictions, that projected national security, energy, eco- erwise required by law, the Secretary and lessen the need for critical minerals; and nomic, industrial, technological, and other the Secretary of Agriculture shall ensure (F) alternative energy technologies or al- needs of the United States; that each Federal Register notice described ternative designs of existing energy tech- (II) the projected reliance of the United in paragraph (2) shall be— nologies, particularly those that use min- States on foreign sources to meet those (A) subject to any required reviews within erals that— needs; and the Department of the Interior or the De- (i) occur in abundance in the United (III) the projected implications of potential partment of Agriculture; and States; and supply shortages, restrictions, or disrup- (B) published in final form in the Federal (ii) are not subject to potential supply re- tions; Register not later than 45 days after the date strictions. (iv) the quantity of each critical mineral of initial preparation of the notice. (4) REPORTS.—Not later than 2 years after projected to be domestically recycled over (2) PREPARATION.—The preparation of Fed- the date of enactment of this Act, and annu- the subsequent 1-year, 5-year, and 10-year pe- eral Register notices required by law associ- ally thereafter, the Secretary shall submit riods; ated with the issuance of a critical mineral to Congress a report summarizing the activi- (v) the market penetration of alternatives exploration or mine permit shall be dele- ties, findings, and progress of the program. to each critical mineral projected to take gated to the organizational level within the place over the subsequent 1-year, 5-year, and agency responsible for issuing the critical (h) ANALYSIS AND FORECASTING.— 10-year periods; mineral exploration or mine permit. (1) CAPABILITIES.—In order to evaluate ex- (vi) a discussion of reasonably foreseeable isting critical mineral policies and inform (3) TRANSMISSION.—All Federal Register international trends associated with the dis- notices regarding official document avail- future actions that may be taken to avoid covery, production, consumption, use, costs ability, announcements of meetings, or no- supply shortages, mitigate price volatility, of production, and recycling of each critical tices of intent to undertake an action shall and prepare for demand growth and other mineral as well as the development of alter- be originated in, and transmitted to the Fed- market shifts, the Secretary (acting through natives to critical minerals; and eral Register from, the office in which, as ap- the Director of the United States Geological (vii) such other projections relating to plicable— Survey) or a designee of the Secretary, in each critical mineral as the Secretary deter- (A) the documents or meetings are held; or consultation with the Energy Information mines to be necessary to achieve the pur- (B) the activity is initiated. Administration, academic institutions, and poses of this subsection. (g) RECYCLING, EFFICIENCY, AND ALTER- others in order to maximize the application (2) PROPRIETARY INFORMATION.—In pre- NATIVES.— of existing competencies related to devel- paring a report described in paragraph (1), (1) ESTABLISHMENT.—The Secretary of En- oping and maintaining computer-models and the Secretary shall ensure, consistent with ergy (referred to in this subsection as the similar analytical tools, shall conduct and section 5(f) of the National Materials and ‘‘Secretary’’) shall conduct a program of re- publish the results of an annual report that Minerals Policy, Research and Development search and development— includes— Act of 1980 (30 U.S.C. 1604(f)), that— (A) to promote the efficient production, (A) as part of the annually published Min- (A) no person uses the information and use, and recycling of critical minerals eral Commodity Summaries from the United data collected for the report for a purpose throughout the supply chain; and States Geological Survey, a comprehensive other than the development of or reporting (B) to develop alternatives to critical min- review of critical mineral production, con- of aggregate data in a manner such that the erals that do not occur in significant abun- sumption, and recycling patterns, includ- identity of the person or firm who supplied dance in the United States. ing— the information is not discernible and is not (2) COOPERATION.—In carrying out the pro- (i) the quantity of each critical mineral do- material to the intended uses of the informa- gram, the Secretary shall cooperate with ap- mestically produced during the preceding tion; propriate— year; (B) no person discloses any information or (A) Federal agencies and National Labora- (ii) the quantity of each critical mineral data collected for the report unless the infor- tories; domestically consumed during the preceding mation or data has been transformed into a (B) critical mineral producers; year; statistical or aggregate form that does not (C) critical mineral processors; (iii) market price data or other price data allow the identification of the person or firm (D) critical mineral manufacturers; for each critical mineral; who supplied particular information; and (E) trade associations; (iv) an assessment of— (C) procedures are established to require (F) academic institutions; (I) critical mineral requirements to meet the withholding of any information or data (G) small businesses; and the national security, energy, economic, in- collected for the report if the Secretary de- (H) other relevant entities or individuals. dustrial, technological, and other needs of termines that withholding is necessary to (3) ACTIVITIES.—Under the program, the the United States during the preceding year; protect proprietary information, including Secretary shall carry out activities that in- (II) the reliance of the United States on any trade secrets or other confidential infor- clude the identification and development foreign sources to meet those needs during mation. of— the preceding year; and (i) EDUCATION AND WORKFORCE.—

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(1) WORKFORCE ASSESSMENT.—Not later (A) ESTABLISHMENT.—The Secretary and SEC. l42. RARE EARTH ELEMENT ADVANCED than 1 year and 300 days after the date of en- the Secretary of Labor shall jointly conduct COAL TECHNOLOGIES. actment of this Act, the Secretary of Labor a competitive grant program under which in- (a) PROGRAM FOR EXTRACTION AND RECOV- (in consultation with the Secretary, the Di- stitutions of higher education may apply for ERY OF RARE EARTH ELEMENTS AND MINERALS rector of the National Science Foundation, and receive 4-year grants for— FROM COAL AND COAL BYPRODUCTS.— institutions of higher education with sub- (i) startup costs for newly designated fac- (1) IN GENERAL.—The Secretary of Energy, stantial expertise in mining, institutions of ulty positions in integrated critical mineral acting through the Assistant Secretary for higher education with significant expertise education, research, innovation, training, Fossil Energy (referred to in this section as in minerals research, including fundamental and workforce development programs con- the ‘‘Secretary’’), shall carry out a program research into alternatives, and employers in sistent with paragraph (2); under which the Secretary shall develop ad- the critical minerals sector) shall submit to (ii) internships, scholarships, and fellow- vanced separation technologies for the ex- Congress an assessment of the domestic ships for students enrolled in programs re- traction and recovery of rare earth elements availability of technically trained personnel lated to critical minerals; and minerals from coal and coal byproducts. necessary for critical mineral exploration, (iii) equipment necessary for integrated (2) AUTHORIZATION OF APPROPRIATIONS.— development, assessment, production, manu- critical mineral innovation, training, and There is authorized to be appropriated to the Secretary to carry out the program de- facturing, recycling, analysis, forecasting, workforce development programs; and scribed in paragraph (1) $23,000,000 for each of education, and research, including an anal- (iv) research of critical minerals and their fiscal years 2021 through 2028. ysis of— applications, particularly concerning the (b) REPORT.—Not later than 1 year after (A) skills that are in the shortest supply as manufacture of critical components vital to national security. the date of enactment of this Act, the Sec- of the date of the assessment; (B) RENEWAL.—A grant under this para- retary shall submit to the Committee on En- (B) skills that are projected to be in short graph shall be renewable for up to 2 addi- ergy and Natural Resources of the Senate supply in the future; tional 3-year terms based on performance and the Committee on Energy and Commerce (C) the demographics of the critical min- criteria outlined under paragraph (2)(A)(iv). of the House of Representatives a report erals industry and how the demographics (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL evaluating the development of advanced sep- will evolve under the influence of factors DATA PRESERVATION PROGRAM.—Section aration technologies for the extraction and such as an aging workforce; 351(k) of the Energy Policy Act of 2005 (42 recovery of rare earth elements and minerals (D) the effectiveness of training and edu- U.S.C. 15908(k)) is amended by striking from coal and coal byproducts, including cation programs in addressing skills short- ‘‘$30,000,000 for each of fiscal years 2006 acid mine drainage from coal mines. ages; through 2010’’ and inserting ‘‘$5,000,000 for (E) opportunities to hire locally for new each of fiscal years 2021 through 2030, to re- SA 2540. Mr. BARRASSO submitted and existing critical mineral activities; main available until expended’’. an amendment intended to be proposed (F) the sufficiency of personnel within rel- (k) ADMINISTRATION.— to amendment SA 2499 proposed by Mr. evant areas of the Federal Government for (1) IN GENERAL.—The National Critical Ma- MCCONNELL to the bill S. 178, to con- achieving the policies described in section 3 terials Act of 1984 (30 U.S.C. 1801 et seq.) is of the National Materials and Minerals Pol- demn gross human rights violations of repealed. ethnic Turkic Muslims in Xinjiang, and icy, Research and Development Act of 1980 (2) CONFORMING AMENDMENT.—Section 3(d) (30 U.S.C. 1602); and of the National Superconductivity and Com- calling for an end to arbitrary deten- (G) the potential need for new training pro- petitiveness Act of 1988 (15 U.S.C. 5202(d)) is tion, torture, and harassment of these grams to have a measurable effect on the amended in the first sentence by striking ‘‘, communities inside and outside China; supply of trained workers in the critical with the assistance of the National Critical which was ordered to lie on the table; minerals industry. Materials Council as specified in the Na- as follows: (2) CURRICULUM STUDY.— tional Critical Materials Act of 1984 (30 At the appropriate place, insert the fol- (A) IN GENERAL.—The Secretary and the U.S.C. 1801 et seq.),’’. lowing: Secretary of Labor shall jointly enter into (3) SAVINGS CLAUSES.— TITLE ll— an arrangement with the National Academy (A) IN GENERAL.—Nothing in this section or DEPARTMENT OF HEALTH AND HUMAN of Sciences and the National Academy of En- an amendment made by this section modifies SERVICES gineering under which the Academies shall any requirement or authority provided by— OFFICE OF THE SECRETARY coordinate with the National Science Foun- (i) the matter under the heading ‘‘GEOLOGI- dation on conducting a study— CAL SURVEY’’ of the first section of the Act of PUBLIC HEALTH AND SOCIAL SERVICES (i) to design an interdisciplinary program March 3, 1879 (43 U.S.C. 31(a)); or EMERGENCY FUND on critical minerals that will support the (ii) the first section of Public Law 87–626 (INCLUDING TRANSFER OF FUNDS) critical mineral supply chain and improve (43 U.S.C. 31(b)). For an additional amount for ‘‘Public the ability of the United States to increase (B) EFFECT ON DEPARTMENT OF DEFENSE.— Health and Social Services Emergency domestic, critical mineral exploration, de- Nothing in this section or an amendment Fund’’, $25,000,000,000, to remain available velopment, production, manufacturing, re- made by this section affects the authority of until expended, to prevent, prepare for, and search, including fundamental research into the Secretary of Defense with respect to the respond to coronavirus, domestically or alternatives, and recycling; work of the Department of Defense on crit- internationally, which shall be for necessary (ii) to address undergraduate and graduate ical material supplies in furtherance of the expenses to reimburse, through grants or education, especially to assist in the devel- national defense mission of the Department other mechanisms, eligible health care pro- opment of graduate level programs of re- of Defense. viders for health care related expenses or search and instruction that lead to advanced (C) SECRETARIAL ORDER NOT AFFECTED.— lost revenues that are attributable to degrees with an emphasis on the critical This section shall not apply to any mineral coronavirus: Provided, That these funds may mineral supply chain or other positions that described in Secretarial Order No. 3324, not be used to reimburse expenses or losses will increase domestic, critical mineral ex- issued by the Secretary on December 3, 2012, that have been reimbursed from other ploration, development, production, manu- in any area to which the order applies. sources or that other sources are obligated facturing, research, including fundamental (4) APPLICATION OF CERTAIN PROVISIONS.— to reimburse: Provided further, That recipi- research into alternatives, and recycling; (A) IN GENERAL.—Subsections (e) and (f) ents of payments under this paragraph shall (iii) to develop guidelines for proposals shall apply to— submit reports and maintain documentation from institutions of higher education with (i) an exploration project in which the as the Secretary determines are needed to substantial capabilities in the required dis- presence of a byproduct is reasonably ex- ensure compliance with conditions that are ciplines for activities to improve the critical pected, based on known mineral imposed by this paragraph for such pay- mineral supply chain and advance the capac- companionality, geologic formation, min- ments, and such reports and documentation ity of the United States to increase domes- eralogy, or other factors; and shall be in such form, with such content, and tic, critical mineral exploration, research, (ii) a project that demonstrates that the in such time as the Secretary may prescribe development, production, manufacturing, byproduct is of sufficient grade that, when for such purpose: Provided further, That ‘‘eli- and recycling; and combined with the production of a host min- gible health care providers’’ means public (iv) to outline criteria for evaluating per- eral, the byproduct is economic to recover, entities, Medicare or Medicaid enrolled sup- formance and recommendations for the as determined by the applicable Secretary in pliers and providers, and such for-profit enti- amount of funding that will be necessary to accordance with subparagraph (B). ties and not-for-profit entities not otherwise establish and carry out the program de- (B) REQUIREMENT.—In making the deter- described in this proviso as the Secretary scribed in paragraph (3). mination under subparagraph (A)(ii), the ap- may specify, within the United States (in- (B) REPORT.—Not later than 2 years after plicable Secretary shall consider the cost ef- cluding territories), that provide diagnoses, the date of enactment of this Act, the Sec- fectiveness of the byproducts recovery. testing, or care for individuals with possible retary shall submit to Congress a description (l) AUTHORIZATION OF APPROPRIATIONS.— or actual cases of COVID–19: Provided further, of the results of the study required under There is authorized to be appropriated to That the Secretary of Health and Human subparagraph (A). carry out this section $50,000,000 for each of Services shall, on a rolling basis, review ap- (3) PROGRAM.— fiscal years 2021 through 2030. plications and make payments under this

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00177 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.059 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4856 CONGRESSIONAL RECORD — SENATE August 4, 2020 paragraph in this Act: Provided further, That that have been reimbursed from other which was ordered to lie on the table; funds appropriated under this paragraph in sources or that other sources are obligated as follows: this Act shall be available for building or to reimburse: Provided further, That recipi- At the appropriate place, insert the fol- construction of temporary structures, leas- ents of payments under this paragraph shall lowing: ing of properties, medical supplies and equip- submit reports and maintain documentation ment including personal protective equip- as the Secretary determines are needed to SEC. ll. CLARIFICATION ON 13(3) FACILITIES UNDER THE CARES ACT. ment and testing supplies, increased work- ensure compliance with conditions that are Section 4003(c)(1)(A) of the CARES Act (15 force and trainings, emergency operation imposed by this paragraph for such pay- U.S.C. 9042(c)(1)(A)) is amended by adding centers, retrofitting facilities, and surge ca- ments, and such reports and documentation ‘‘In making loans, loan guarantees, and pacity: Provided further, That, in this para- shall be in such form, with such content, and other investments under subsection (b)(4), graph, the term ‘‘payment’’ means a pre-pay- in such time as the Secretary may prescribe the Secretary shall prioritize the provision ment, prospective payment, or retrospective for such purpose: Provided further, That ‘‘eli- of credit and liquidity to assist eligible busi- payment, as determined appropriate by the gible health care providers’’ means public nesses, States and municipalities, even if the Secretary: Provided further, That payments entities, Medicare or Medicaid enrolled sup- Secretary estimates that such loans, loan under this paragraph shall be made in con- pliers and providers, and such for-profit enti- guarantees, or investments may incur sideration of the most efficient payment sys- ties and not-for-profit entities not otherwise losses.’’ after the period at the end. tems practicable to provide emergency pay- described in this proviso as the Secretary ment: Provided further, That to be eligible for may specify, within the United States (in- SEC. ll. EXTENSIONS OF TEMPORARY RELIEF a payment under this paragraph, an eligible cluding territories), that provide diagnoses, AND EMERGENCY AUTHORITIES. health care provider shall submit to the Sec- testing, or care for individuals with possible (a) IN GENERAL.—Title IV of the CARES retary of Health and Human Services an ap- or actual cases of COVID–19: Provided further, Act (Public Law 116–136) is amended— plication that includes a statement justi- That the Secretary of Health and Human (1) in section 4012(b)(2)(B) (15 U.S.C. fying the need of the provider for the pay- Services shall, on a rolling basis, review ap- 9050(b)(2)(B)), by striking ‘‘2020’’ and insert- ment and the eligible health care provider plications and make payments under this ing ‘‘2021’’; and shall have a valid tax identification number: paragraph in this Act: Provided further, That (2) in section 4016(b)(2), by striking ‘‘2020’’ Provided further, That, not later than 3 years funds appropriated under this paragraph in and inserting ‘‘2021’’. after final payments are made under this this Act shall be available for building or (b) TEMPORARY CREDIT UNION PROVISIONS.— paragraph, the Office of Inspector General of construction of temporary structures, leas- Section 307(a)(4)(A) of the Federal Credit the Department of Health and Human Serv- ing of properties, medical supplies and equip- Union Act (12 U.S.C. 1795f(a)(4)(A)) is amend- ices shall transmit a final report on audit ment including personal protective equip- ed by striking ‘‘December 31, 2020’’ and in- findings with respect to this program to the ment and testing supplies, increased work- serting ‘‘December 31, 2021’’. Committees on Appropriations of the House force and trainings, emergency operation SEC. ll. EXTENSION OF TEMPORARY RELIEF of Representatives and the Senate: Provided centers, retrofitting facilities, and surge ca- FROM TROUBLED DEBT pacity: Provided further, That, in this para- RESTRUCTURINGS AND INSURER further, That nothing in this section limits CLARIFICATION. the authority of the Inspector General or the graph, the term ‘‘payment’’ means a pre-payment, prospective payment, or retrospective Section 4013 of the CARES Act (15 U.S.C. Comptroller General to conduct audits of in- payment, as determined appropriate by the 9051) is amended— terim payments at an earlier date: Provided Secretary: Provided further, That payments (1) by inserting ‘‘, including an insurance further, That not later than 60 days after the under this paragraph shall be made in con- company,’’ after ‘‘institution’’ each place the date of enactment of this Act, the Secretary sideration of the most efficient payment sys- term appears; of Health and Human Services shall provide tems practicable to provide emergency pay- (2) in subsection (a)(1), by striking ‘‘De- a report to the Committees on Appropria- ment: Provided further, That to be eligible for cember 31, 2020’’ and inserting ‘‘January 1, tions of the House of Representatives and a payment under this paragraph, an eligible 2022’’; and the Senate on obligation of funds, including health care provider shall submit to the Sec- (3) in subsection (d)(1), by inserting ‘‘, in- obligations to such eligible health care pro- retary of Health and Human Services an ap- cluding insurance companies,’’ after ‘‘insti- viders summarized by State of the payment plication that includes a statement justi- tutions’’. receipt: Provided further, That such reports fying the need of the provider for the pay- shall be updated and submitted to such Com- SEC. ll. EXTENSION OF TEMPORARY OPTIONAL ment and the eligible health care provider TEMPORARY RELIEF FROM CUR- mittees every 60 days until funds are ex- shall have a valid tax identification number: RENT EXPECTED CREDIT LOSSES pended: Provided further, That such amount Provided further, That, not later than 3 years AND APPLICATION TO PERSONS. is designated by the Congress as being for an after final payments are made under this Section 4014 of the CARES Act (15 U.S.C. emergency requirement pursuant to section paragraph, the Office of Inspector General of 9052(b)) is amended— 251(b)(2)(A)(i) of the Balanced Budget and the Department of Health and Human Serv- (1) in subsection (b)— Emergency Deficit Control Act of 1985. ices shall transmit a final report on audit (A) in the matter preceding paragraph (1), by striking ‘‘insured depository institution, Mr. BARRASSO submitted findings with respect to this program to the SA 2541. Committees on Appropriations of the House bank holding company, or any affiliate an amendment intended to be proposed of Representatives and the Senate: Provided thereof’’ and inserting ‘‘person’’; by him to the bill S. 178, to condemn further, That nothing in this section limits (B) in paragraph (1), by inserting ‘‘the first gross human rights violations of ethnic the authority of the Inspector General or the day of the fiscal year of the person that be- Turkic Muslims in Xinjiang, and call- Comptroller General to conduct audits of in- gins after’’ before ‘‘the date’’; and ing for an end to arbitrary detention, terim payments at an earlier date: Provided (C) in paragraph (2), by striking ‘‘December torture, and harassment of these com- further, That not later than 60 days after the 31, 2020’’ and inserting with ‘‘January 1, munities inside and outside China; date of enactment of this Act, the Secretary 2023’’; and (2) by striking ‘‘(a) DEFINITIONS’’ and all which was ordered to lie on the table; of Health and Human Services shall provide a report to the Committees on Appropria- that follows through ‘‘STANDARDS’’. as follows: tions of the House of Representatives and SEC. ll. TEMPORARY AUTHORITY ON LEVER- At the appropriate place, insert the fol- the Senate on obligation of funds, including AGE AND RISK-BASED CAPITAL RE- lowing: obligations to such eligible health care pro- QUIREMENTS. TITLE ll— viders summarized by State of the payment Section 171 of the Financial Stability Act DEPARTMENT OF HEALTH AND HUMAN receipt: Provided further, That such reports of 2010 (12 U.S.C. 5371) is amended by adding SERVICES shall be updated and submitted to such Com- at the end the following: ‘‘(d) TEMPORARY AUTHORITY.— OFFICE OF THE SECRETARY mittees every 60 days until funds are expended: Provided further, That such amount ‘‘(1) DEFINITION.—In this subsection, the PUBLIC HEALTH AND SOCIAL SERVICES is designated by the Congress as being for an term ‘appropriate Federal banking agency’— EMERGENCY FUND emergency requirement pursuant to section ‘‘(A) has the meaning given the term in (INCLUDING TRANSFER OF FUNDS) 251(b)(2)(A)(i) of the Balanced Budget and section 2; and For an additional amount for ‘‘Public Emergency Deficit Control Act of 1985. ‘‘(B) means the Board of Governors, in the Health and Social Services Emergency case of a nonbank financial company super- Fund’’, $25,000,000,000, to remain available SA 2542. Mr. CRAPO submitted an vised by the Board of Governors. until expended, to prevent, prepare for, and amendment intended to be proposed to ‘‘(2) TEMPORARY AUTHORITY.— respond to coronavirus, domestically or amendment SA 2499 proposed by Mr. ‘‘(A) IN GENERAL.—Notwithstanding any internationally, which shall be for necessary MCCONNELL to the bill S. 178, to con- other provision of this section or any other expenses to reimburse, through grants or demn gross human rights violations of law or regulation, if any appropriate Federal other mechanisms, eligible health care pro- banking agency determines that unusual and viders for health care related expenses or ethnic Turkic Muslims in Xinjiang, and exigent circumstances exist or are otherwise lost revenues that are attributable to calling for an end to arbitrary deten- imminent, the appropriate Federal banking coronavirus: Provided, That these funds may tion, torture, and harassment of these agency shall have the authority, by rule or not be used to reimburse expenses or losses communities inside and outside China; order, to make such temporary adjustments

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00178 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.050 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4857 to the method of calculating the generally (C) 1 year of mortgage insurance premiums established for such program; and shall be applicable leverage capital requirements or for the loans described in subparagraphs (A) subject to the process requirements applica- other leverage requirement of an insured de- and (B); ble to such program: Provided further, That pository institution, a depository institution (D) 1 year of monthly deposits to reserve the Secretary may specify a minimum holding company, or a nonbank financial accounts required by the Secretary for the amount for each eligible entity accepting as- company supervised by the Board of Gov- loans described in subparagraphs (A) and (B); sistance under the two previous provisos: ernors for purposes of compliance with this (E) 1 year of property taxes and insurance Provided further, That such amount is des- section as the appropriate Federal banking for the healthcare facility; and ignated by the Congress as being for an agency determines necessary to address or (F) transaction costs, including legal fees, emergency requirement pursuant to section avoid a severe economic stress situation. for the loans described in subparagraphs (A) 251(b)(2)(A)(i) of the Balanced Budget and ‘‘(B) DURATION.— and (B). Emergency Deficit Control Act of 1985. ‘‘(i) IN GENERAL.—Except as provided in clause (ii), any temporary adjustment made SA 2543. Mr. WICKER submitted an SA 2544. Mr. WICKER submitted an under subparagraph (A) shall be for a period amendment intended to be proposed by amendment intended to be proposed to of not longer than 12 months after the date him to the bill S. 178, to condemn gross amendment SA 2499 proposed by Mr. on which the determination is made under human rights violations of ethnic MCCONNELL to the bill S. 178, to con- subparagraph (A). ‘‘(ii) ADDITIONAL PERIODS.—A temporary Turkic Muslims in Xinjiang, and call- demn gross human rights violations of adjustment made under subparagraph (A) ing for an end to arbitrary detention, ethnic Turkic Muslims in Xinjiang, and may be extended for a period of not longer torture, and harassment of these com- calling for an end to arbitrary deten- than 180 days after the date on which the pe- munities inside and outside China; tion, torture, and harassment of these riod described in clause (i) expires to permit which was ordered to lie on the table; communities inside and outside China; institutions and companies to return to com- as follows: which was ordered to lie on the table; pliance with the generally applicable lever- At the appropriate place, insert the fol- as follows: age capital requirements or other leverage lowing: At the appropriate place, insert the fol- requirements, if the appropriate Federal lowing: banking agency determines such an exten- TITLE ll— sion is necessary.’’. DEPARTMENT OF HEALTH AND HUMAN TITLE ll— SEC. ll. HEALTHCARE OPERATING LOSS LOANS. SERVICES DEPARTMENT OF HEALTH AND HUMAN (a) DEFINITIONS.—In this section: OFFICE OF THE SECRETARY SERVICES (1) OPERATING LOSS.—The term ‘‘operating PUBLIC HEALTH AND SOCIAL SERVICES OFFICE OF THE SECRETARY loss’’ has the meaning given the term in sec- EMERGENCY FUND PUBLIC HEALTH AND SOCIAL SERVICES tion 223(d) of the National Housing Act (12 For an additional amount for ‘‘Public EMERGENCY FUND U.S.C. 1715n(d)). Health and Social Services Emergency For an additional amount for ‘‘Public (2) SECRETARY.—The term ‘‘Secretary’’ Fund’’, $7,825,000,000, to remain available Health and Social Services Emergency means the Secretary of Housing and Urban until September 30, 2022, to prevent, prepare Fund’’, $7,825,000,000, to remain available Development. for, and respond to coronavirus, domestically until September 30, 2022, to prevent, prepare (b) AUTHORIZATION TO PROVIDE MORTGAGE or internationally: Provided, That for, and respond to coronavirus, domestically INSURANCE.—Notwithstanding any other provision of law, for fiscal years 2020 and 2021, in $7,600,000,000 of the funds appropriated under or internationally: Provided, That addition to the authority provided to insure this paragraph in this Act shall be trans- $7,600,000,000 of the funds appropriated under operating loss loans under section 223(d) of ferred to ‘‘Health Resources and Services Ad- this paragraph in this Act shall be trans- the National Housing Act (12 U.S.C. ministration—Primary Health Care’’ for ferred to ‘‘Health Resources and Services Ad- 1715n(d)), the Secretary may insure or enter grants, cooperative agreements, and other ministration—Primary Health Care’’ for into commitments to ensure mortgages necessary expenses under the Health Centers grants, cooperative agreements, and other under such section 223(d) with respect to Program, as defined by section 330 of the necessary expenses under the Health Centers healthcare facilities— PHS Act, including funding for alteration, Program, as defined by section 330 of the (1) insured under section 232 or section 242 renovation, construction, equipment, and PHS Act, including funding for alteration, of the National Housing Act (12 U.S.C. 1715w, other capital improvement costs, and includ- renovation, construction, equipment, and 1715z–7); ing funding to support, maintain, or increase other capital improvement costs, and includ- (2) that were financially sound imme- health center capacity and staffing levels, as ing funding to support, maintain, or increase diately prior to the President’s March 13, necessary, to meet the needs of areas af- health center capacity and staffing levels, as 2020 Proclamation on Declaring a National fected by coronavirus: Provided further, That necessary, to meet the needs of areas af- Emergency Concerning the Novel sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), fected by coronavirus: Provided further, That Coronavirus Disease (COVID–19) Outbreak; and 330(e)(6)(B)(iii) of the PHS Act shall not sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), (3) that have exhausted all other forms of apply to funds in the preceding proviso: Pro- and 330(e)(6)(B)(iii) of the PHS Act shall not assistance; and vided further, That funding made available apply to funds in the preceding proviso: Pro- (4) subject to— under this paragraph in this Act shall not be vided further, That funding made available (A) the limitation for new commitments to subject to requirements under the National under this paragraph in this Act shall not be guarantee loans insured under the General Environmental Policy Act of 1969 or the Na- subject to requirements under the National and Special Risk Insurance Funds under the tional Historic Preservation Act of 1966: Pro- Environmental Policy Act of 1969 or the Na- heading ‘‘General and Special Risk Program vided further, That for the purposes of any tional Historic Preservation Act of 1966: Pro- Account’’ for fiscal years 2020 and 2021; and funding provided for fiscal year 2020 for the vided further, That for the purposes of any (B) the underwriting parameters and other Health Centers Program pursuant to section funding provided for fiscal year 2020 for the terms and conditions that the Secretary de- 330 of the PHS Act (42 U.S.C. 254b), maintain- Health Centers Program pursuant to section termines appropriate through guidance. ing current health center capacity and staff- 330 of the PHS Act (42 U.S.C. 254b), maintain- (c) AMOUNT OF LOAN.—After all other real- ing levels during a public health emergency ing current health center capacity and staff- ized or reasonably anticipated assistance (in- as a result of the coronavirus and any re- ing levels during a public health emergency cluding reimbursements, loans, or other pay- newal of such declaration pursuant to such as a result of the coronavirus and any re- ments from other Federal sources) are taken section 319 shall be deemed a cost of preven- newal of such declaration pursuant to such into account, a loan insured under sub- tion, diagnosis, and treatment of section 319 shall be deemed a cost of preven- section (b) shall be in an amount not exceed- coronavirus: Provided further, That of the tion, diagnosis, and treatment of ing the lesser of— amount appropriated under this paragraph in coronavirus: Provided further, That of the (1) the temporary losses or additional ex- this Act, $225,000,000 shall be for grants or amount appropriated under this paragraph in penses incurred or expected to be incurred by other mechanisms, to rural health clinics as this Act, $225,000,000 shall be for grants or the healthcare facility as a result of the im- defined in section 1861(aa)(2) of the Social other mechanisms, to rural health clinics as pact of the circumstances giving rise to the Security Act with such funds also available defined in section 1861(aa)(2) of the Social President’s March 13, 2020 Proclamation on to such entities for building or construction Security Act with such funds also available Declaring a National Emergency Concerning of temporary structures, leasing of prop- to such entities for building or construction the Novel Coronavirus Disease (COVID–19) erties, and retrofitting facilities as nec- of temporary structures, leasing of prop- Outbreak; or essary to support COVID–19 testing: Provided erties, and retrofitting facilities as nec- (2) the amount expected to be needed to further, That such funds shall be distributed essary to support COVID–19 testing: Provided cover the sum of— using the procedures developed for the Pro- further, That such funds shall be distributed (A) 1 year of principal and interest pay- vider Relief Fund authorized under the third using the procedures developed for the Pro- ments for the existing loans of the paragraph under this heading in division B of vider Relief Fund authorized under the third healthcare facility insured by the Secretary; the Coronavirus Aid, Relief, and Economic paragraph under this heading in division B of (B) 1 year of principal and interest pay- Security Act (Public Law 116–136); may be the Coronavirus Aid, Relief, and Economic ments for the loan pursuant to this section; distributed using contracts or agreements Security Act (Public Law 116–136); may be

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00179 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.050 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4858 CONGRESSIONAL RECORD — SENATE August 4, 2020 distributed using contracts or agreements ments under subsections (a) and (h)(1) of sec- (i) shall allocate not less than 50 percent of established for such program; and shall be tion 340E of the PHS Act, notwithstanding the funds to the local areas most signifi- subject to the process requirements applica- the cap imposed by subsection (h)(1) and not- cantly impacted by a qualifying emergency, ble to such program: Provided further, That withstanding subsection (h)(6) of such sec- as determined by the Governor, to enable the the Secretary may specify a minimum tion 340E, for Children’s Hospitals Graduate local areas to carry out activities under amount for each eligible entity accepting as- Medical Education, to prevent, prepare for, paragraph (2); and sistance under the two previous provisos: and respond to coronavirus, domestically or (ii) with the funds that are not allocated Provided further, That such amount is des- internationally: Provided further, That such under clause (i) or reserved under subpara- ignated by the Congress as being for an amount is designated by the Congress as graph (B), may— emergency requirement pursuant to section being for an emergency requirement pursu- (I) carry out rapid response activities de- 251(b)(2)(A)(i) of the Balanced Budget and ant to section 251(b)(2)(A)(i) of the Balanced scribed in section 134(a)(2)(A) of the Work- Emergency Deficit Control Act of 1985. Budget and Emergency Deficit Control Act force Innovation and Opportunity Act (29 of 1985. U.S.C. 3174(a)(2)(A)); SA 2545. Mr. PERDUE (for himself (II) carry out activities to facilitate re- and Mr. BLUNT) submitted an amend- SA 2547. Mr. DAINES (for himself mote access to employment and training ac- ment intended to be proposed to and Mr. ALEXANDER) submitted an tivities, including career services, through a amendment SA 2499 proposed by Mr. amendment intended to be proposed to one-stop center; MCCONNELL to the bill S. 178, to con- amendment SA 2499 proposed by Mr. (III) in coordination with local areas, carry demn gross human rights violations of MCCONNELL to the bill S. 178, to con- out activities necessary to expand online ethnic Turkic Muslims in Xinjiang, and demn gross human rights violations of learning opportunities and make available resources to support or allow for online serv- calling for an end to arbitrary deten- ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary deten- ice delivery, including online delivery of tion, torture, and harassment of these training services, by providers identified as communities inside and outside China; tion, torture, and harassment of these eligible providers of training services under which was ordered to lie on the table; communities inside and outside China; subsection (d) or (h) of section 122 of the as follows: which was ordered to lie on the table; Workforce Innovation and Opportunity Act At the appropriate place, insert the fol- as follows: (29 U.S.C. 3152); lowing: At the appropriate place, insert the fol- (IV) assist local boards through the purchase of technology, supplies, and online DEPARTMENT OF HEALTH AND HUMAN lowing: training materials for distribution or use by SERVICES SEC. ll. WORKFORCE RECOVERY AND TRAIN- ING SERVICES. local areas; and OFFICE OF THE SECRETARY (a) DEFINITIONS.—In this section: (V) expand the list of eligible providers of PUBLIC HEALTH AND SOCIAL SERVICES (1) QUALIFYING EMERGENCY.—The term training services established under section EMERGENCY FUND ‘‘qualifying emergency’’ means— 122(d) of the Workforce Innovation and Op- (INCLUDING TRANSFER OF FUNDS) (A) a public health emergency related to portunity Act (29 U.S.C. 3152(d)). For an additional amount for ‘‘Public the coronavirus declared by the Secretary of (B) LIMITATION.—Not more than 5 percent Health and Social Services Emergency Health and Human Services pursuant to sec- of the funds reserved under subsection Fund’’, $250,000,000, to remain available until tion 319 of the Public Health Service Act (42 (b)(2)(A) shall be used by the State for ad- September 30, 2022: Provided, That the funds U.S.C. 247d); ministrative activities related to carrying appropriated under this paragraph shall be (B) an event related to the coronavirus for out this section. transferred to ‘‘Health Resources and Serv- which the President declared a major dis- (2) LOCAL USES OF FUNDS.—Funds allocated ices Administration—Bureau of Health aster or an emergency under section 401 or to a local area under subsection (b)(2)(B) or Workforce’’, for supplements to existing pay- 501, respectively, of the Robert T. Stafford paragraph (1)(A)(i)— ments under subsections (a) and (h)(1) of sec- Disaster Relief and Emergency Assistance (A) shall be used for— tion 340E of the PHS Act, notwithstanding Act (42 U.S.C. 5170, 5191); or (i) the provision of in-person and virtual the cap imposed by subsection (h)(1) and not- (C) a national emergency related to the training services, aligned with industry withstanding subsection (h)(6) of such sec- coronavirus declared by the President under needs, that shall include— tion 340E, for Children’s Hospitals Graduate the National Emergencies Act (50 U.S.C. 1601 (I) on-the-job training, for which the local Medical Education, to prevent, prepare for, et seq.). board may take into account the impact of a and respond to coronavirus, domestically or (2) SECRETARY.—The term ‘‘Secretary’’ qualifying emergency as a factor in deter- internationally: Provided further, That such means the Secretary of Labor. mining whether to increase the amount of a amount is designated by the Congress as (3) WORKFORCE INNOVATION AND OPPOR- reimbursement to an amount of up to 75 per- being for an emergency requirement pursu- TUNITY ACT TERMS.—Except as otherwise pro- cent of the wage rate of a participant in ac- ant to section 251(b)(2)(A)(i) of the Balanced vided in this section, the terms in this sec- cordance with section 134(c)(3)(H) of the Budget and Emergency Deficit Control Act tion have the meanings given the terms in Workforce Innovation and Opportunity Act of 1985. section 3 of the Workforce Innovation and (29 U.S.C. 3174(c)(3)(H)); Opportunity Act (29 U.S.C. 3102). (II) customized training, for which the SA 2546. Mr. PERDUE (for himself (b) DISTRIBUTION OF FUNDS.— local board may take into account the im- (1) ALLOTMENT TO STATES.—From funds ap- pact of a qualifying emergency as a factor in and Mr. BLUNT) submitted an amend- propriated to carry out this section and not determining the portion of the cost of train- ment intended to be proposed by him reserved under subsection (e)(4), not later ing an employer shall provide; to the bill S. 178, to condemn gross than 30 days after receiving the appropriated (III) transitional jobs as described in sec- human rights violations of ethnic funds, the Secretary shall make allotments tion 134(d)(5) of the Workforce Innovation Turkic Muslims in Xinjiang, and call- to States in accordance with the formula de- and Opportunity Act (29 U.S.C. 3174(d)(5)) ing for an end to arbitrary detention, scribed in section 132(b)(2)(B) of the Work- (but for adults or dislocated workers deter- torture, and harassment of these com- force Innovation and Opportunity Act (29 mined eligible by a one-stop operator or one- munities inside and outside China; U.S.C. 3172(b)(2)(B)) and make the reserva- stop partner), including positions in contact which was ordered to lie on the table; tion for and provide assistance to outlying tracing, public health, or infrastructure, if areas in accordance with section 132(b)(2)(A) provision of the jobs does not displace any as follows: of such Act (29 U.S.C. 3172(b)(2)(A)). currently employed employee (as of the date At the appropriate place, insert the fol- (2) ALLOCATION TO LOCAL AREAS.—Not later of the participation in the transitional job); lowing: than 30 days after a State receives an allot- and DEPARTMENT OF HEALTH AND HUMAN ment under paragraph (1), the Governor (IV) incumbent worker training described SERVICES shall— in section 134(d)(4) of the Workforce Innova- OFFICE OF THE SECRETARY (A) reserve 40 percent of the allotment tion and Opportunity Act (29 U.S.C. funds to carry out activities under sub- 3174(d)(4)) to support worker retention; PUBLIC HEALTH AND SOCIAL SERVICES section (c)(1); and (ii) training services provided through in- EMERGENCY FUND (B) allocate the remainder of the funds to dividual training accounts, which, notwith- (INCLUDING TRANSFER OF FUNDS) local areas in accordance with section standing section 122 of the Workforce Inno- For an additional amount for ‘‘Public 133(b)(2)(B) of the Workforce Innovation and vation and Opportunity Act (29 U.S.C. 3152), Health and Social Services Emergency Opportunity Act (29 U.S.C. 3173(b)(2)(B)) to eligible individuals may obtain from pro- Fund’’, $250,000,000, to remain available until enable the local areas to carry out activities viders identified as eligible providers of September 30, 2022: Provided, That the funds under subsection (c)(2). training services under subsection (d) or (h) appropriated under this paragraph shall be (c) USES OF FUNDS.— of that section 122 or from another provider transferred to ‘‘Health Resources and Serv- (1) STATE USE OF FUNDS.— that is identified by the State board or local ices Administration—Bureau of Health (A) IN GENERAL.—From the funds reserved board involved; Workforce’’, for supplements to existing pay- under subsection (b)(2)(A), the Governor— (iii) short-term training—

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(I) in which a current employee (as of the (1) ELIGIBLE INDIVIDUALS.— (g) AUTHORIZATION OF APPROPRIATIONS.— date of the participation), including an em- (A) IN GENERAL.—Except as otherwise spec- There is authorized to be appropriated to ployee participating in a transitional job de- ified in this section, to be eligible to receive carry out this section $3,500,000,000 for the scribed in clause (i)(III), may participate; services authorized under this section, an in- period of fiscal years 2020 through 2022. (II) for which the participant may receive dividual shall be an adult or dislocated work- an employer-sponsored individual training er. SA 2548. Mr. DAINES (for himself account; (B) INDIVIDUALS ELIGIBLE TO RECEIVE SERV- and Mr. ALEXANDER) submitted an (III) for which the employer agrees to ICES THROUGH INDIVIDUAL TRAINING AC- amendment intended to be proposed by pay— COUNTS.—To be eligible to receive training (aa) not less than 10 percent of the costs of services through an individual training ac- him to the bill S. 178, to condemn gross such training in the case of an employer that count or employer-sponsored individual human rights violations of ethnic is a small business concern, as defined in sec- training account described in subsection Turkic Muslims in Xinjiang, and call- tion 3(a) of the Small Business Act (15 U.S.C. (c)(2)(A)(iii), an eligible individual shall be ing for an end to arbitrary detention, 632(a)); and an adult or dislocated worker— torture, and harassment of these com- (bb) not less than 20 percent of such costs (i) who, after an in-person or virtual inter- munities inside and outside China; in the case of any other employer; and view, evaluation, or assessment, and career (IV) for which the participant is provided planning, has been determined by a one-stop which was ordered to lie on the table; the opportunity to choose a provider from operator or one-stop partner, as appropriate, as follows: among the providers identified as eligible to— At the appropriate place, insert the fol- providers of training services under sub- (I) be unlikely to obtain or retain employ- lowing: section (d) or (h) of section 122 of the Work- ment with wages comparable to or higher SEC. ll. WORKFORCE RECOVERY AND TRAIN- force Innovation and Opportunity Act or a than wages from previous employment, sole- ING SERVICES. provider identified by the employer as hav- ly through the career services available (a) DEFINITIONS.—In this section: ing the ability to provide the skills nec- through the one-stop center; and (1) QUALIFYING EMERGENCY.—The term essary for the individual to be hired perma- (II) have the skills and qualifications to ‘‘qualifying emergency’’ means— nently or to advance the individual’s career; successfully participate in the selected pro- (A) a public health emergency related to and gram of training services; and the coronavirus declared by the Secretary of (iv) short-term training in fields in which (ii) who selects a program of training serv- Health and Human Services pursuant to sec- the local area needs workers to meet the de- ices that is directly linked to the employ- tion 319 of the Public Health Service Act (42 mands for health care, direct care, and front- ment opportunities in the local area, or in U.S.C. 247d); line workers responding to a qualifying another area to which the adult or dislocated (B) an event related to the coronavirus for emergency; and worker is willing to commute or relocate. which the President declared a major dis- (B) may be used for— (2) SPECIAL RULES.— aster or an emergency under section 401 or (i) the establishment and expansion of (A) ADMINISTRATION.—Except as otherwise 501, respectively, of the Robert T. Stafford partnerships with public and private entities provided in this section, the provisions of Disaster Relief and Emergency Assistance to support online programs of training serv- subtitle E of title I of the Workforce Innova- Act (42 U.S.C. 5170, 5191); or ices— tion and Opportunity Act (29 U.S.C. 3241 et (C) a national emergency related to the (I) which programs are identified under seq.) shall apply to funds provided under this section 122 of the Workforce Innovation and section. coronavirus declared by the President under the National Emergencies Act (50 U.S.C. 1601 Opportunity Act and lead to an industry-rec- (B) SINGLE STATE LOCAL AREA.—In any case ognized credential in high-skill, high-wage, in which a State is designated as a local area et seq.). or in-demand industry sectors or occupa- pursuant to section 106(d) of the Workforce (2) SECRETARY.—The term ‘‘Secretary’’ tions, in areas such as technology, health Innovation and Opportunity Act (29 U.S.C. means the Secretary of Labor. care, direct care, and manufacturing; and 3121(d)), the State board shall carry out the (3) WORKFORCE INNOVATION AND OPPOR- (II) through which the partnerships may functions of a local board as specified in this TUNITY ACT TERMS.—Except as otherwise pro- provide for the cost of an assessment related section. vided in this section, the terms in this sec- to obtaining such credential; (3) PROGRAM OVERSIGHT.—The Governor, in tion have the meanings given the terms in (ii) providing training services that are partnership with local boards and the chief section 3 of the Workforce Innovation and aligned with the needs of local industry and elected officials for local areas, shall— Opportunity Act (29 U.S.C. 3102). recognized by employers; (A) conduct oversight for the activities au- (b) DISTRIBUTION OF FUNDS.— (iii) expanding access to individualized ca- thorized under this section; and (1) ALLOTMENT TO STATES.—From funds ap- reer services, which include— (B) ensure the appropriate use and manage- propriated to carry out this section and not (I) in-person and virtual employment and ment of the funds provided under this sec- reserved under subsection (e)(4), not later reemployment services to help individuals tion. than 30 days after receiving the appropriated find employment; and (4) PROGRAM ADMINISTRATION.—The Sec- funds, the Secretary shall make allotments (II) career navigation supports to enable retary shall reserve not more than $15,000,000 to States in accordance with the formula de- workers to find new pathways to high-skill, of the funds appropriated to carry out this scribed in section 132(b)(2)(B) of the Work- high-wage, or in-demand industry sectors section, as necessary, for program adminis- force Innovation and Opportunity Act (29 and occupations and the necessary training tration and management through the De- U.S.C. 3172(b)(2)(B)) and make the reserva- to support those pathways; and partment of Labor to support the adminis- tion for and provide assistance to outlying (iv) providing access to technology, includ- tration of funds provided under this section areas in accordance with section 132(b)(2)(A) ing broadband service and devices to enable and evaluation of activities authorized under of such Act (29 U.S.C. 3172(b)(2)(A)). individuals served under this section to re- this section. (2) ALLOCATION TO LOCAL AREAS.—Not later ceive online career and training services. (f) REPORTS.— than 30 days after a State receives an allot- (3) MINIMUM AMOUNT FOR TRAINING.—Not (1) STATE REPORT.—Each State shall pre- ment under paragraph (1), the Governor less than 50 percent of the funds made avail- pare and submit to the Secretary a report shall— able under subsection (b)(2)(B) and paragraph that includes information specifying— (A) reserve 40 percent of the allotment (1)(A)(i) shall be used to provide training (A) the number and percentage of partici- funds to carry out activities under sub- services described in paragraph (2)(A). pants in activities under this section who re- section (c)(1); and (d) REALLOCATION.— ceived funds for training services; (B) allocate the remainder of the funds to (1) LOCAL FUNDS.—Each local board shall (B) the types of training programs provided local areas in accordance with section return to the Governor any funds received under this section; 133(b)(2)(B) of the Workforce Innovation and under this section that the local board does (C) the number and percentage of partici- Opportunity Act (29 U.S.C. 3173(b)(2)(B)) to not obligate within 1 year after receiving pants in training programs provided under enable the local areas to carry out activities such funds. The Governor shall reallocate this section who entered employment upon under subsection (c)(2). such returned funds, to the local areas that completion of such a program; (c) USES OF FUNDS.— are not required to return funds under this (D) the number and percentage of partici- (1) STATE USE OF FUNDS.— paragraph, in accordance with subsection pants in such training programs who ob- (A) IN GENERAL.—From the funds reserved (c)(1)(A). tained a recognized postsecondary creden- under subsection (b)(2)(A), the Governor— (2) STATE FUNDS.—Each Governor shall re- tial; and (i) shall allocate not less than 50 percent of turn to the Secretary any funds received (E) the earnings of participants who com- the funds to the local areas most signifi- under this section that the Governor does pleted a training program under this section. cantly impacted by a qualifying emergency, not obligate within 2 years after receiving (2) SECRETARY’S REPORT.—Upon receipt of a as determined by the Governor, to enable the such funds. The Secretary shall reallot such report under paragraph (1), the Secretary local areas to carry out activities under returned funds to the States that are not re- shall transmit such report to the Committee paragraph (2); and quired to return funds under this paragraph, on Health, Education, Labor, and Pensions of (ii) with the funds that are not allocated in accordance with subsection (b)(1). the Senate and the Committee on Education under clause (i) or reserved under subpara- (e) GENERAL PROVISIONS.— and Labor of the House of Representatives. graph (B), may—

VerDate Sep 11 2014 07:21 Nov 17, 2020 Jkt 099060 PO 00000 Frm 00181 Fmt 4624 Sfmt 0634 E:\RECORD20\JULY\S04AU0.REC S04AU0 abonner on DSK9F5VC42PROD with CONG-REC-ONLINE S4860 CONGRESSIONAL RECORD — SENATE August 4, 2020 (I) carry out rapid response activities de- (aa) not less than 10 percent of the costs of services through an individual training ac- scribed in section 134(a)(2)(A) of the Work- such training in the case of an employer that count or employer-sponsored individual force Innovation and Opportunity Act (29 is a small business concern, as defined in sec- training account described in subsection U.S.C. 3174(a)(2)(A)); tion 3(a) of the Small Business Act (15 U.S.C. (c)(2)(A)(iii), an eligible individual shall be (II) carry out activities to facilitate re- 632(a)); and an adult or dislocated worker— mote access to employment and training ac- (bb) not less than 20 percent of such costs (i) who, after an in-person or virtual inter- tivities, including career services, through a in the case of any other employer; and view, evaluation, or assessment, and career one-stop center; (IV) for which the participant is provided planning, has been determined by a one-stop (III) in coordination with local areas, carry the opportunity to choose a provider from operator or one-stop partner, as appropriate, out activities necessary to expand online among the providers identified as eligible to— learning opportunities and make available providers of training services under sub- (I) be unlikely to obtain or retain employ- resources to support or allow for online serv- section (d) or (h) of section 122 of the Work- ment with wages comparable to or higher ice delivery, including online delivery of force Innovation and Opportunity Act or a than wages from previous employment, sole- training services, by providers identified as provider identified by the employer as hav- ly through the career services available eligible providers of training services under ing the ability to provide the skills nec- through the one-stop center; and subsection (d) or (h) of section 122 of the essary for the individual to be hired perma- (II) have the skills and qualifications to Workforce Innovation and Opportunity Act nently or to advance the individual’s career; successfully participate in the selected pro- (29 U.S.C. 3152); and gram of training services; and (iv) short-term training in fields in which (IV) assist local boards through the pur- (ii) who selects a program of training serv- the local area needs workers to meet the de- chase of technology, supplies, and online ices that is directly linked to the employ- mands for health care, direct care, and front- training materials for distribution or use by ment opportunities in the local area, or in line workers responding to a qualifying local areas; and another area to which the adult or dislocated emergency; and (V) expand the list of eligible providers of worker is willing to commute or relocate. (B) may be used for— training services established under section (2) SPECIAL RULES.— (i) the establishment and expansion of 122(d) of the Workforce Innovation and Op- (A) ADMINISTRATION.—Except as otherwise partnerships with public and private entities provided in this section, the provisions of portunity Act (29 U.S.C. 3152(d)). to support online programs of training serv- (B) LIMITATION.—Not more than 5 percent subtitle E of title I of the Workforce Innova- ices— tion and Opportunity Act (29 U.S.C. 3241 et of the funds reserved under subsection (I) which programs are identified under (b)(2)(A) shall be used by the State for ad- seq.) shall apply to funds provided under this section 122 of the Workforce Innovation and section. ministrative activities related to carrying Opportunity Act and lead to an industry-rec- out this section. (B) SINGLE STATE LOCAL AREA.—In any case ognized credential in high-skill, high-wage, in which a State is designated as a local area (2) LOCAL USES OF FUNDS.—Funds allocated or in-demand industry sectors or occupa- to a local area under subsection (b)(2)(B) or pursuant to section 106(d) of the Workforce tions, in areas such as technology, health Innovation and Opportunity Act (29 U.S.C. paragraph (1)(A)(i)— care, direct care, and manufacturing; and (A) shall be used for— 3121(d)), the State board shall carry out the (II) through which the partnerships may functions of a local board as specified in this (i) the provision of in-person and virtual provide for the cost of an assessment related section. training services, aligned with industry to obtaining such credential; (3) PROGRAM OVERSIGHT.—The Governor, in needs, that shall include— (ii) providing training services that are partnership with local boards and the chief (I) on-the-job training, for which the local aligned with the needs of local industry and elected officials for local areas, shall— board may take into account the impact of a recognized by employers; (A) conduct oversight for the activities au- qualifying emergency as a factor in deter- (iii) expanding access to individualized ca- thorized under this section; and mining whether to increase the amount of a reer services, which include— (B) ensure the appropriate use and manage- reimbursement to an amount of up to 75 per- (I) in-person and virtual employment and ment of the funds provided under this sec- cent of the wage rate of a participant in ac- reemployment services to help individuals tion. cordance with section 134(c)(3)(H) of the find employment; and (4) PROGRAM ADMINISTRATION.—The Sec- Workforce Innovation and Opportunity Act (II) career navigation supports to enable retary shall reserve not more than $15,000,000 (29 U.S.C. 3174(c)(3)(H)); workers to find new pathways to high-skill, of the funds appropriated to carry out this (II) customized training, for which the high-wage, or in-demand industry sectors section, as necessary, for program adminis- local board may take into account the im- and occupations and the necessary training tration and management through the De- pact of a qualifying emergency as a factor in to support those pathways; and partment of Labor to support the adminis- determining the portion of the cost of train- (iv) providing access to technology, includ- tration of funds provided under this section ing an employer shall provide; ing broadband service and devices to enable and evaluation of activities authorized under (III) transitional jobs as described in sec- individuals served under this section to re- this section. tion 134(d)(5) of the Workforce Innovation ceive online career and training services. (f) REPORTS.— and Opportunity Act (29 U.S.C. 3174(d)(5)) (3) MINIMUM AMOUNT FOR TRAINING.—Not (1) STATE REPORT.—Each State shall pre- (but for adults or dislocated workers deter- less than 50 percent of the funds made avail- pare and submit to the Secretary a report mined eligible by a one-stop operator or one- able under subsection (b)(2)(B) and paragraph that includes information specifying— stop partner), including positions in contact (1)(A)(i) shall be used to provide training (A) the number and percentage of partici- tracing, public health, or infrastructure, if services described in paragraph (2)(A). provision of the jobs does not displace any (d) REALLOCATION.— pants in activities under this section who re- currently employed employee (as of the date (1) LOCAL FUNDS.—Each local board shall ceived funds for training services; of the participation in the transitional job); return to the Governor any funds received (B) the types of training programs provided and under this section that the local board does under this section; (IV) incumbent worker training described not obligate within 1 year after receiving (C) the number and percentage of partici- in section 134(d)(4) of the Workforce Innova- such funds. The Governor shall reallocate pants in training programs provided under tion and Opportunity Act (29 U.S.C. such returned funds, to the local areas that this section who entered employment upon 3174(d)(4)) to support worker retention; are not required to return funds under this completion of such a program; (ii) training services provided through in- paragraph, in accordance with subsection (D) the number and percentage of partici- dividual training accounts, which, notwith- (c)(1)(A). pants in such training programs who ob- standing section 122 of the Workforce Inno- (2) STATE FUNDS.—Each Governor shall retained a recognized postsecondary creden- vation and Opportunity Act (29 U.S.C. 3152), turn to the Secretary any funds received tial; and eligible individuals may obtain from pro- under this section that the Governor does (E) the earnings of participants who com- viders identified as eligible providers of not obligate within 2 years after receiving pleted a training program under this section. training services under subsection (d) or (h) such funds. The Secretary shall reallot such (2) SECRETARY’S REPORT.—Upon receipt of a of that section 122 or from another provider returned funds to the States that are not re- report under paragraph (1), the Secretary that is identified by the State board or local quired to return funds under this paragraph, shall transmit such report to the Committee board involved; in accordance with subsection (b)(1). on Health, Education, Labor, and Pensions of (iii) short-term training— (e) GENERAL PROVISIONS.— the Senate and the Committee on Education (I) in which a current employee (as of the (1) ELIGIBLE INDIVIDUALS.— and Labor of the House of Representatives. date of the participation), including an em- (A) IN GENERAL.—Except as otherwise spec- (g) AUTHORIZATION OF APPROPRIATIONS.— ployee participating in a transitional job de- ified in this section, to be eligible to receive There is authorized to be appropriated to scribed in clause (i)(III), may participate; services authorized under this section, an in- carry out this section $3,500,000,000 for the (II) for which the participant may receive dividual shall be an adult or dislocated work- period of fiscal years 2020 through 2022. an employer-sponsored individual training er. account; (B) INDIVIDUALS ELIGIBLE TO RECEIVE SERV- SA 2549. Mr. GRASSLEY submitted (III) for which the employer agrees to ICES THROUGH INDIVIDUAL TRAINING AC- an amendment intended to be proposed pay— COUNTS.—To be eligible to receive training to amendment SA 2499 proposed by Mr.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00182 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.053 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4861 MCCONNELL to the bill S. 178, to con- ernment, or unit of local government under ‘‘(B) LIMITATION ON ADDITIONAL CONDI- demn gross human rights violations of this section that may be used by the State or TIONS.—A State, Tribal government, or unit ethnic Turkic Muslims in Xinjiang, and government for the purpose permitted under of local government shall not impose any calling for an end to arbitrary deten- clause (i) shall not exceed the lesser of— condition, requirement, or restriction on a ‘‘(I) 25 percent of the total amount of such tion, torture, and harassment of these distribution to a locality of funds provided funds; and to the State or government under a payment communities inside and outside China; ‘‘(II) the sum of the revenue shortfall made under this section other than as nec- which was ordered to lie on the table; amounts determined for the State or govern- essary to ensure the locality uses the funds as follows: ment for fiscal years 2020 and 2021 under distributed in accordance with the limita- At the appropriate place, insert the fol- clause (ii). tions, restrictions, and requirements appli- lowing: ‘‘(2) PROHIBITED USES.—No State, Tribal cable under subparagraph (A).’’. TITLE ll—ADDITIONAL FLEXIBILITY government, or unit of local government (b) ADDITIONAL AMENDMENTS.—Section 601 AND ACCOUNTABILITY FOR may use funds provided under a payment of such Act is further amended— CORONAVIRUS RELIEF FUND PAYMENTS made under this section for any of the fol- (1) in subsection (f)— AND STATE TAX CERTAINTY FOR EM- lowing purposes: (A) by redesignating paragraphs (3) and (4) PLOYEES AND EMPLOYERS ‘‘(A) To make a deposit into, or reimburse, as paragraphs (4) and (5), respectively; and any State or government fund that finances SEC. lll. EXPANSION OF ALLOWABLE USE OF (B) by inserting after paragraph (2) the fol- CORONAVIRUS RELIEF FUND PAY- pensions or other postemployment benefits lowing new paragraph: MENTS BY STATES AND TRIBAL AND for current or former employees of the State ‘‘(3) AUDIT RISK FACTORS.—In determining LOCAL GOVERNMENTS. or government. whether to conduct an audit of the use of (a) IN GENERAL.—Section 601(d) of the So- ‘‘(B) To satisfy any obligation or liability funds paid to a State, Tribal government, or cial Security Act (42 U.S.C. 801(d)) is amend- of the State or government with respect to a unit of local government under this section ed to read as follows: pension or other postemployment benefit (including any such funds distributed to a lo- ‘‘(d) USE AND AVAILABILITY OF FUNDS.— fund, plan, or program for current or former cality), the Inspector General of the Depart- ‘‘(1) ALLOWABLE USES.—A State, Tribal employees of the State or government. ment of the Treasury shall prioritize audit- government, or unit of local government ‘‘(C) To augment any amount paid, or ben- ing States or governments that— shall use the funds provided under a payment efit provided under, a pension or other ‘‘(A) have not distributed at least 25 per- made under this section only for the fol- postemployment benefit fund, plan, or pro- cent of the total amount of the payments re- lowing purposes: gram for current or former employees of the ceived by the State or government under ‘‘(A) COVID-19 COSTS.—During the period State or government. this section to localities within the jurisdic- that begins on March 1, 2020, and ends on ‘‘(D) To make a deposit into, or reimburse tion of the State or government, if any; or September 30, 2021 (or, in the case of a State a withdrawal from, a budget stabilization ‘‘(B) have imposed a condition, require- or government described in clause (iii) of fund, budget reserve account, or other ‘rainy ment, or restriction on funds distributed to a subparagraph (B), the date determined for day’ or reserve fund of the State or govern- locality which the Inspector General has rea- the State or government under such clause), ment established to provide a source of fund- son to believe violates subsection (d)(5)(B).’’. to pay costs of the State, Tribal government, ing for operations of the State or govern- (2) in subsection (g)— or unit of local government that— ment during a revenue downturn or other un- (A) by redesignating paragraphs (3) ‘‘(i) are necessary expenditures incurred anticipated shortfall and accounted for in due to the public health emergency with re- the budget most recently approved as of through (5) as paragraphs (5) through (7), respect to the Coronavirus Disease 2019 March 27, 2020, for the State or government. spectively; and (COVID–19); and ‘‘(E) To participate in litigation in which (B) by inserting after paragraph (2) the fol- ‘‘(ii) were not accounted for in the budget an officer of the State or government is a lowing new paragraphs: most recently approved as of March 27, 2020, party in the officer’s personal capacity. ‘‘(3) LOCALITY.—The term ‘locality’ means, for the State or government. ‘‘(F) To undertake to— with respect to a State, Tribal government, ‘‘(B) REVENUE SHORTFALL.— ‘‘(i) influence the passage or defeat of any or unit of local government, a county, mu- ‘‘(i) IN GENERAL.—Subject to clause (iv), legislation by the Congress of the United nicipality, town, township, village, parish, during the period that begins on March 1, States, or by any State or local legislative borough, or other unit of general govern- 2020, and ends on September 30, 2021 (or, in body; or ment below the level of the State, Tribal the case of a State or government described ‘‘(ii) improve the public image of an officer government, or unit of local government (as in clause (iii), the date determined for the of the State or government. applicable) with a population of 500,000 or State or government under such clause), to ‘‘(3) MAINTENANCE OF EFFORT.—In accord- less. fund operations of the State or government ance with guidance from the Secretary ‘‘(4) OTHER POSTEMPLOYMENT BENEFITS.— if the State or government— issued before, on, or after the date of enact- The term ‘other postemployment benefits’ ‘‘(I) has a revenue shortfall amount for the ment of the Coronavirus Relief Fair Unem- includes postemployment health care bene- State or government fiscal year for 2020 or ployment Compensation Act of 2020, any fits, regardless of the type of plan that pro- 2021; and amount from a payment made under this vides them, and all postemployment benefits ‘‘(II) certifies to the Secretary that the section to a State, Tribal government, or provided separately from a pension plan, ex- State or government has distributed at least unit of local government that is distributed cluding benefits defined as termination of- 25 percent of the total amount of the pay- by such entity to a unit of general local gov- fers and benefits.’’. ments received by the State or government ernment below the level of such entity shall (c) EFFECTIVE DATE.—The amendments under this section to localities within the ju- supplement, and not supplant, any non-Fed- made by this section shall take effect as if risdiction of the State or government or that eral funds that such entity would otherwise included in the enactment of section 601 of there are no localities within the jurisdic- provide, distribute, or use for assistance to the Social Security Act, as added by section tion of the State or government. such unit of general local government. 5001(a) of the CARES Act (Public Law 116– ‘‘(ii) REVENUE SHORTFALL AMOUNT.—For ‘‘(4) AVAILABILITY.—Funds paid or distrib- 136). purposes of this subparagraph, the revenue uted to a State, Tribal government, or unit (d) ACCOUNTABILITY FOR THE DISBURSEMENT shortfall amount for a State or government of local government under this section that AND USE OF STATE OR GOVERNMENT RELIEF and a State or government fiscal year is the are obligated for an allowable use under PAYMENTS.— amount, if any, by which— paragraph (1) before October 1, 2021 (or, in (1) DATA ON DISBURSEMENT AND USE OF PAY- ‘‘(I) the total amount of State or govern- the case of a State or government described MENTS FROM THE CORONAVIRUS RELIEF FUND.— ment revenue from taxes, fees, or sources in clause (iii) of subparagraph (B) of such Pursuant to the authority provided in sec- other than funds provided under a payment paragraph, the day after the date determined tion 601(f) of the Social Security Act (42 made under this section or another intergov- for the State or government under such U.S.C. 801(f)), as added by section 5001(a) of ernmental transfer of funds from the Federal clause), shall remain available until ex- the CARES Act (Public Law 116–136) and Government collected for such fiscal year; is pended. amended by subsection (b), the Inspector less than ‘‘(5) APPLICATION TO DISTRIBUTIONS TO LO- General of the Department of the Treasury ‘‘(II) the total amount of such revenue col- CALITIES.— shall compile data on the disbursement and lected for the State or government fiscal ‘‘(A) IN GENERAL.—The allowable and pro- use of funds made available from each pay- year for 2019. hibited uses of funds, maintenance of effort, ment made by the Secretary of the Treasury ‘‘(iii) SPECIAL RULE.—In the case of a State and availability rules that apply to funds from the Coronavirus Relief Fund estab- or government that has a fiscal year for 2021 provided under a payment made under this lished under section 601 of the Social Secu- that ends after June 30, 2021, the date deter- section to a State, Tribal government, or rity Act (42 U.S.C. 801) to States, the District mined for such State or government under unit of local government, and all other limi- of Columbia, territories, Tribal govern- this clause is the date that is 90 days after tations or restrictions which apply to such ments, and directly to units of local govern- the last day of the State or government fis- funds, shall apply in the same manner and to ment under section 601(b)(2) of such Act (in cal year for 2021. the same extent to any funds from such pay- this subsection referred to as a ‘‘State or ‘‘(iv) LIMITATION.—The amount of funds ment which a State or government distrib- government relief payment’’). paid to or distributed to a State, Tribal gov- utes to a locality. (2) REPORTING ON USES OF RELIEF FUNDS.—

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(A) IN GENERAL.—Each recipient of a State 601(d) of the Social Security Act (42 U.S.C. (I) units of local government (as defined in or government relief payment (referred to in 801(d)). section 601(g)(2) of the Social Security Act this section as a ‘‘recipient’’) shall submit a (B) SCOPE OF RECORDS.—The documents and (42 U.S.C. 801(g)(2))); and report on the recipient’s use of such payment records sufficient to establish a recipient’s (II) counties, municipalities, towns, town- to the Secretary and the Inspector General compliance with such section may include— ships, villages, parishes, boroughs, or other of the Treasury using a portal designated by (i) general ledgers and any subsidiary ledg- units of general government below the State the Secretary for such purpose for each cal- ers used to account for the receipt and dis- level with a population that does not exceed endar quarter and period described in sub- bursement of funds from all State or govern- 500,000; and paragraph (C). Such report shall include the ment relief payments made to the recipient; (ii) by the Secretary of the Treasury di- following: (ii) budget records of the recipient for 2019, rectly to units of local government (as so de- (i) The total amount of all State or govern- 2020, and 2021; fined) under section 601(b)(2) of such Act (42 ment relief payments made to the recipient. (iii) payroll, time records and other human U.S.C. 801(b)(2)). (ii) A detailed list of all projects or activi- resource records of the recipient which sup- SEC. lll. STATE TAX CERTAINTY FOR EMPLOY- ties on which funds from such payments port costs incurred for payroll expenses re- ERS AND EMPLOYEES. were expended or obligated, including, for lated to addressing the public health emer- (a) LIMITATIONS ON WITHHOLDING AND TAX- ATION OF EMPLOYEE INCOME.— each such project or activity— gency due to COVID–19 or other use of funds (1) IN GENERAL.—No part of the wages or (I) the name of the project or activity; allowable under such section 601(d); other remuneration earned by an employee (II) a description of the project or activity; (iv) receipts of purchases made related to who is a resident of a taxing jurisdiction and (III) the name of each business, consultant, addressing the public health emergency due performs employment duties in more than or contractor used to facilitate the imple- to COVID–19 or other use of funds allowable one taxing jurisdiction shall be subject to in- mentation or continuation of the project or under such section 601(d); come tax in any taxing jurisdiction other activity; and (v) contracts and subcontracts entered into than— (IV) the amount of such funds expended or with funds from any State or government re- (A) the taxing jurisdiction of the employ- obligated. lief payment made to the recipient, and all ee’s residence; and (iii) Detailed information on— documents related to such contracts or sub- (B) any taxing jurisdiction within which (I) any loan issued using such funds; contracts; the employee is present and performing em- (II) any contract or grant financed in (vi) grant agreements and subgrant agree- ployment duties for more than 30 days dur- whole or in part with such funds, including ments entered into with funds from any ing the calendar year in which the wages or any contract with an entity described in State or government relief payment made to other remuneration is earned. clause (ii)(III); the recipient, and all documents related to (2) INCOME TAX WITHHOLDING AND REPORT- (III) transfers of such funds made to other such agreements; ING.—Wages or other remuneration earned in government entities; and (vii) all documentation of reports, audits, any calendar year shall not be subject to in- (IV) any direct payments of such funds and other monitoring of contractors, sub- come tax withholding and reporting require- made by the recipient that equal or exceed contractors, grantees, and subgrantees relat- ments with respect to any taxing jurisdic- $50,000. ing to the use funds from any State or gov- tion unless the employee is subject to in- (iv) Detailed information on the extent to ernment relief payment made to the recipi- come tax in such taxing jurisdiction under which the recipient used a State or govern- ent; paragraph (1). Income tax withholding and ment relief payment made to fund oper- (viii) all documentation supporting per- reporting requirements under paragraph ations due to a revenue shortfall, in accord- formance outcomes (if any) of contracts, sub- (1)(B) shall apply to wages or other remu- ance with subparagraph (B) of section contracts, grants, or subgrants relating to neration earned as of the commencement 601(d)(1) of the Social Security Act (42 U.S.C. the use of funds from any State or govern- date of employment duties in the taxing ju- 801(d)(1)), including— ment relief payment made to the recipient; risdiction during the calendar year. (I) the total amount of funds from all such (ix) all internal and external email and (3) OPERATING RULES.—For purposes of de- payments used for such purpose; other electronic communications relating to termining penalties related to an employer’s (II) the 1 or more revenue sources (such as the use of funds from any State or govern- income tax withholding and reporting re- taxes, fees, or another source of revenue) ment relief payment made to the recipients; quirements with respect to any taxing juris- that contributed to such shortfall; and and diction— (III) for each source identified in subclause (x) all investigative files and inquiry re- (A) an employer may rely on an employee’s (II), the amount of the reduction in revenue ports (if any) relating to the use of funds annual determination of the time expected generated by such source over the period de- from any State or government relief pay- to be spent by such employee in the perform- scribed in subparagraph (A)(ii) of such sec- ment made to the recipient. ance of employment duties in the taxing ju- tion. (C) ENTITIES DESCRIBED.—An entity de- risdictions in which the employee will per- (B) CERTIFICATION.—Each recipient shall scribed in this subparagraph is the any of the form such duties absent— certify that the information reported with following: (i) the employer’s actual knowledge of respect to each quarter or period is true, ac- (i) An entity that receives a grant or loan fraud by the employee in making the deter- curate, and complete. Such certification funded in whole or in part with funds from a mination; or shall be made by an authorized representa- State or government relief payment made to (ii) collusion between the employer and the tive of the recipient that has the legal au- the recipient, and any contractor, subcon- employee to evade tax; thority to give assurances, make commit- tractor, or subgrantee of such entity. (B) except as provided in subparagraph (C), ments, and enter into contracts on behalf of (ii) An entity awarded a contract funded in if records are maintained by an employer in the recipient. whole or in part with funds from a State or the regular course of business that record (C) REPORT DEADLINES.—A recipient shall government relief payment made to the re- the location at which an employee performs report the data required under subparagraph cipient, and any subcontractor of such enti- employment duties, such records shall not (A)— ty. preclude an employer’s ability to rely on an (i) for the period beginning on March 1, (iii) A governmental entity that receives a employee’s determination under subpara- 2020, and ending on June 30, 2020, not later payment or transfer of funds that equals or graph (A); and than September 21, 2020; and exceeds $50,000, funded in whole or in part (C) notwithstanding subparagraph (B), if (ii) for each calendar quarter in the period with funds from a State or government relief an employer, at its sole discretion, main- that begins on July 1, 2020, and ends on Sep- payment made to the recipient. tains a time and attendance system that tember 30, 2021 (or, in the case of a recipient (4) QUARTERLY REPORTS TO CONGRESS.— tracks where the employee performs duties for which a date is determined under section (A) IN GENERAL.—Using data complied on a daily basis, data from the time and at- 601(d)(1)(B)(iii) of the Social Security Act, under paragraph (1), the Inspector General of tendance system shall be used instead of the the last day of the calendar quarter in which the Department of the Treasury shall submit employee’s determination under subpara- such date occurs), not later than later than a report containing the information de- graph (A). 10 days after the end of the calendar quarter. scribed in subparagraph (B) to the Com- (4) DEFINITIONS AND SPECIAL RULES.—For (3) RECORD RETENTION REQUIREMENTS.— mittee on Ways and Means of the House of purposes of this subsection: (A) IN GENERAL.—Each recipient and entity Representatives and the Committee on Fi- (A) DAY.— described in subparagraph (C) shall main- nance of the Senate not later than October 1, (i) Except as provided in clause (ii), an em- tain, for not less than 5 years after date on 2020, and the 1st day of every third month be- ployee is considered present and performing the recipient expends all funds from State or ginning thereafter through January 1, 2021. employment duties within a taxing jurisdic- government relief payments paid to the re- (B) CONTENT.—Each report submitted tion for a day if the employee performs more cipient and shall make available to the Sec- under subparagraph (A) shall include data on of the employee’s employment duties within retary of the Treasury and the Inspector the disbursement and use of funds from such taxing jurisdiction than in any other General of the Department of the Treasury State or government relief payments, includ- taxing jurisdiction during a day. upon request, all documents and financial ing with respect to the amounts and recipi- (ii) If an employee performs employment records of the recipient sufficient to estab- ents of disbursements made— duties in a resident taxing jurisdiction and lish the recipient’s compliance with section (i) by States receiving such payments to— in only one nonresident taxing jurisdiction

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00184 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.053 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4863 during one day, such employee shall be con- (i) the employee is required on a contem- (ii) ending on the earlier of— sidered to have performed more of the em- poraneous basis to record his or her work lo- (I) the date on which the employer allows, ployee’s employment duties in the non- cation for every day worked outside of the at the same time— resident taxing jurisdiction than in the resi- taxing jurisdiction in which the employee’s (aa) such employee to return to their pri- dent taxing jurisdiction for such day. employment duties are primarily performed; mary work location; and (iii) For purposes of this subparagraph, the and (bb) not less than 90 percent of their per- portion of the day during which the em- (ii) the system is designed to allow the em- manent workforce to return to such work lo- ployee is in transit shall not be considered in ployer to allocate the employee’s wages for cation; or determining the location of an employee’s income tax purposes among all taxing juris- (II) December 31, 2020. performance of employment duties. dictions in which the employee performs em- (B) EMPLOYEE.—The term ‘‘employee’’ has (B) EMPLOYEE.— ployment duties for such employer. the meaning given such term in section (i) IN GENERAL.— (F) WAGES OR OTHER REMUNERATION.—The 3121(d) of the Internal Revenue Code of 1986 (I) GENERAL DEFINITION.—Except as pro- term ‘‘wages or other remuneration’’ may be (26 U.S.C. 3121(d)), unless such term is de- vided in subclause (II), the term ‘‘employee’’ defined by the taxing jurisdiction in which fined by the taxing jurisdiction in which the has the meaning given such term in section the employment duties are performed. person’s employment duties are deemed to 3121(d) of the Internal Revenue Code of 1986 (5) PLACE OF RESIDENCE.—For purposes of (26 U.S.C. 3121(d)), unless such term is de- this subsection, the residence of an employee be performed pursuant to paragraph (1), in fined by the taxing jurisdiction in which the shall be determined under the laws of the which case the taxing jurisdiction’s defini- person’s employment duties are performed, taxing jurisdiction in which such employee tion shall prevail. in which case the taxing jurisdiction’s defi- maintains a dwelling which serves as the em- (C) EMPLOYER.—The term ‘‘employer’’ has nition shall prevail. ployee’s permanent place of abode during the the meaning given such term in section (II) EXCEPTION.—The term ‘‘employee’’ calendar year. 3401(d) of the Internal Revenue Code of 1986 shall not include a professional athlete, pro- (6) ADJUSTMENT DURING CORONAVIRUS PAN- (26 U.S.C. 3401(d)), unless such term is de- fessional entertainer, qualified production DEMIC.—With respect to calendar year 2020, fined by the taxing jurisdiction in which the employee, or certain public figures. in the case of any employee who performs employee’s employment duties are deemed (ii) PROFESSIONAL ATHLETE.—The term employment duties in any taxing jurisdic- to be performed pursuant to paragraph (1), in ‘‘professional athlete’’ means a person who tion other than the taxing jurisdiction of the which case the taxing jurisdiction’s defini- performs services in a professional athletic employee’s residence during such year as a tion shall prevail. event, provided that the wages or other re- result of the COVID–19 public health emer- (D) OUT-OF-JURISDICTION BUSINESS.—The muneration are paid to such person for per- gency, paragraph (1)(B) shall be applied by term ‘‘out-of-jurisdiction business’’ means, forming services in his or her capacity as a substituting ‘‘90 days’’ for ‘‘30 days’’. with respect to any taxing jurisdiction, any professional athlete. (b) STATE AND LOCAL TAX CERTAINTY.— business entity which, excepting any em- (iii) PROFESSIONAL ENTERTAINER.—The (1) STATUS OF EMPLOYEES DURING COVERED ployees of such business who are working re- term ‘‘professional entertainer’’ means a per- PERIOD.—Notwithstanding subsection motely within such jurisdiction during the son of prominence who performs services in (a)(1)(B) or any provision of law of a taxing covered period, would not otherwise be sub- the professional performing arts for wages or jurisdiction, with respect to any employee ject to any tax filing requirements under the other remuneration on a per-event basis, whose primary work location is within a tax- existing law of such taxing jurisdiction. ing jurisdiction and who is working remotely provided that the wages or other remunera- (E) PRIMARY WORK LOCATION.—The term within another taxing jurisdiction during tion are paid to such person for performing ‘‘primary work location’’ means, with re- the covered period— services in his or her capacity as a profes- spect to an employee, the address of the em- sional entertainer. (A) except as provided under subparagraph ployer where the employee is regularly as- (iv) QUALIFIED PRODUCTION EMPLOYEE.—The (B), any wages earned by such employee dur- signed to work when such employee is not term ‘‘qualified production employee’’ means ing such period shall be deemed to have been working remotely during the covered period. a person who performs production services of earned at the primary work location of such any nature directly in connection with a tax- employee; and (F) TAXING JURISDICTION.—The term ‘‘taxing jurisdiction qualified, certified or ap- (B) if an employer, at its sole discretion, ing jurisdiction’’ has the same meaning proved film, television or other commercial maintains a system that tracks where such given such term under subsection (a)(4)(D). video production for wages or other remu- employee performs duties on a daily basis, (G) WAGES.—The term ‘‘wages’’ means all neration, provided that the wages or other wages earned by such employee may, at the wages and other remuneration paid to an remuneration paid to such person are quali- election of such employer, be treated as employee that are subject to tax or with- fied production costs or expenditures under earned at the location in which such duties holding requirements under the law of the such taxing jurisdiction’s qualified, certified were remotely performed. taxing jurisdiction in which the employment or approved film, television or other com- (2) STATUS OF BUSINESSES DURING COVERED duties are deemed to be performed under mercial video production incentive program, PERIOD.—Notwithstanding any provision of paragraph (1) during the covered period. and that such wages or other remuneration law of a taxing jurisdiction— (H) WORKING REMOTELY.—The term ‘‘work- must be subject to withholding under such (A) in the case of an out-of-jurisdiction ing remotely’’ means the performance of du- qualified, certified or approved film, tele- business which has any employees working ties by an employee at a location other than vision or other commercial video production remotely within such jurisdiction during the the primary work location of such employee incentive program as a condition to treating covered period, the duties performed by such at the direction of his or her employer due to such wages or other remuneration as a quali- employees within such jurisdiction during conditions resulting from the public health fied production cost or expenditure. such period shall not be sufficient to create emergency relating to the virus SARS–CoV– (v) CERTAIN PUBLIC FIGURES.—The term any nexus or establish any minimum con- 2 or coronavirus disease 2019 (referred to in ‘‘certain public figures’’ means persons of tacts or level of presence that would other- this subparagraph as ‘‘COVID–19’’), includ- prominence who perform services for wages wise subject such business to any registra- ing— or other remuneration on a per-event basis, tion, taxation, or other related requirements (i) to comply with any government order provided that the wages or other remunera- for businesses operating within such jurisdic- relating to COVID–19; tion are paid to such person for services pro- tion; and (ii) to prevent the spread of COVID–19; and vided at a discrete event, in the nature of a (B) except as provided under paragraph (iii) due to the employee or a member of speech, public appearance, or similar event. (1)(B), with respect to any tax imposed by the employee’s family contracting COVID–19. (C) EMPLOYER.—The term ‘‘employer’’ has such taxing jurisdiction which is determined, (4) PRESERVATION OF AUTHORITY OF TAXING the meaning given such term in section in whole or in part, based on net or gross re- JURISDICTIONS.—This subsection shall not be 3401(d) of the Internal Revenue Code of 1986 ceipts or income, for purposes of appor- construed as modifying, impairing, super- (26 U.S.C. 3401(d)), unless such term is de- tioning or sourcing such receipts or income, seding, or authorizing the modification, im- fined by the taxing jurisdiction in which the any duties performed by an employee of an pairment, or supersession of the law of any employee’s employment duties are per- out-of-jurisdiction business while working taxing jurisdiction pertaining to taxation ex- formed, in which case the taxing jurisdic- remotely during the covered period— cept as expressly provided in paragraphs (1) tion’s definition shall prevail. (i) shall be disregarded with respect to any through (3). (D) TAXING JURISDICTION.—The term ‘‘tax- filing requirements for such tax; and ing jurisdiction’’ means any of the several (ii) shall be apportioned and sourced to the (c) EFFECTIVE DATE; APPLICABILITY.— States, the District of Columbia, or any mu- tax jurisdiction which includes the primary (1) EFFECTIVE DATE.—Subject to paragraph nicipality, city, county, township, parish, work location of such employee. (3), this section shall apply to calendar years transportation district, or assessment juris- (3) DEFINITIONS.—For purposes of this sub- beginning after December 31, 2019. diction, or any other political subdivision of section— (2) APPLICABILITY.—This section shall not a State with the authority to impose a tax, (A) COVERED PERIOD.—The term ‘‘covered apply to any tax obligation that accrues be- charge, or fee. period’’ means, with respect to any employee fore January 1, 2020. (E) TIME AND ATTENDANCE SYSTEM.—The working remotely, the period— (3) TERMINATION.—Subsection (a) shall not term ‘‘time and attendance system’’ means a (i) beginning on the date on which such apply to calendar years beginning after De- system in which— employee began working remotely; and cember 31, 2024.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00185 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.053 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4864 CONGRESSIONAL RECORD — SENATE August 4, 2020 SEC. lll. EMERGENCY DESIGNATION. tracts and subcontracts entered into, ex- SEC. ll03. NATIONAL STRATEGIC STOCKPILE (a) IN GENERAL.—The amounts provided tended, or renewed on or after the date that OF PERSONAL PROTECTIVE EQUIP- under this title are designated as an emer- is two years after the date of the enactment MENT FOR FIRST RESPONDERS. gency requirement pursuant to section 4(g) of this Act. (a) IN GENERAL.—Title V of the Homeland of the Statutory Pay-As-You-Go Act of 2010 (c) ROLE OF FEDERAL ACQUISITION SECURITY Security Act of 2002 (6 U.S.C. 311 et seq.) is (2 U.S.C. 933(g)). COUNCIL IN ENDING RELIANCE ON PEOPLE’S RE- amended by adding at the end the following: (b) DESIGNATION IN SENATE.—In the Senate, PUBLIC OF CHINA FOR CERTAIN ITEMS.—Sec- ‘‘SEC. 529. NATIONAL STRATEGIC STOCKPILE OF this title is designated as an emergency re- tion 1323(a)(1) of title 41, United States Code, PERSONAL PROTECTIVE EQUIP- quirement pursuant to section 4112(a) of H. is amended— MENT FOR FIRST RESPONDERS. Con. Res.71 (115th Congress), the concurrent (1) by redesignating paragraph (7) as para- ‘‘(a) DEFINITIONS.—In this section— resolution on the budget for fiscal year 2018. graph (8); and ‘‘(1) the term ‘first responder’ means a (2) by inserting after paragraph (6) the fol- ‘public safety officer’ as defined in section SA 2550. Mr. SCOTT of Florida sub- 1204 of title I of the Omnibus Crime Control mitted an amendment intended to be lowing new paragraph: ‘‘(8) Seeking to end the reliance of the and Safe Streets Act of 1968 (34 U.S.C. 10284); proposed to amendment SA 2499 pro- United States Government on the People’s and posed by Mr. MCCONNELL to the bill S. Republic of China for— ‘‘(2) the term ‘personal protective equip- 178, to condemn gross human rights ‘‘(A) information technology; ment’— violations of ethnic Turkic Muslims in ‘‘(B) critical infrastructure; ‘‘(A) has the meaning given such term in Xinjiang, and calling for an end to ar- ‘‘(C) semiconductors; paragraph (6) of section 319F–2(a) of the Pub- bitrary detention, torture, and harass- ‘‘(D) medical equipment; and lic Health Service Act (42 U.S.C. 247d–6b(a)); ment of these communities inside and ‘‘(E) emerging technologies identified by and the Secretary of Commerce pursuant to the ‘‘(B) includes such other equipment as de- outside China; which was ordered to lie termined appropriate by the Secretary. on the table; as follows: rulemaking undertaken in accordance with the advance notice of proposed rulemaking ‘‘(b) REQUIREMENT.—The Secretary shall— At the end of the matter proposed to be in- entitled, ‘Review of Controls for Certain ‘‘(1) establish and maintain a national serted, insert the following: Emerging Technologies’ (83 Fed. Reg. strategic stockpile of personal protective SEC. 3. RESTRICTIONS ON FEDERAL CON- 58201).’’. equipment for use by first responders during TRACTING WITH CHINESE COMPA- an emergency declared under section 501(b) NIES. SA 2551. Mr. SCOTT of Florida sub- of the Robert T. Stafford Disaster Relief and (a) DEFINITIONS.—In this section: Emergency Assistance Act (42 U.S.C. 5191(b)) (1) COVERED CONTRACT.—The term ‘‘covered mitted an amendment intended to be proposed to amendment SA 2499 pro- or under the National Emergencies Act (50 contract’’ means a contract with a value U.S.C. 1601 et seq.); and equal to or greater than $10,000 related to an posed by Mr. MCCONNELL to the bill S. ‘‘(2) make such personal protective equip- infrastructure project, including with re- 178, to condemn gross human rights ment available, on a reimbursable basis, to spect to— violations of ethnic Turkic Muslims in first responder agencies. (A) surface transportation (roads); Xinjiang, and calling for an end to ar- ‘‘(c) REIMBURSEMENT.—In lieu of reim- (B) mass transit, including airports, public bursement from a first responder agency transportation, and rail; bitrary detention, torture, and harassment of these communities inside and under subsection (b), the Secretary may ac- (C) ports and bridges, including domestic cept reimbursement from the State, or polit- waterways as defined by the Army Corps of outside China; which was ordered to lie on the table; as follows: ical subdivision thereof, in which the first Engineers; responder agency is located.’’. (D) energy, including grid infrastructure At the appropriate place, insert the fol- (b) TECHNICAL AND CONFORMING AMEND- and renewable energy; lowing: MENT.—The table of contents in section 1(b) (E) telecommunications systems; or Subtitle ll—American-Made Protection for of the Homeland Security Act of 2002 (Public (F) emerging technologies identified by the Healthcare Workers and First Responders Law 107–296; 116 Stat. 2135) is amended by in- Secretary of Commerce pursuant to the rule- serting after the item relating to section 528 making undertaken in accordance with the SEC. ll01. SHORT TITLE. the following: advance notice of proposed rulemaking enti- This subtitle may be cited as the ‘‘Amer- tled, ‘‘Review of Controls for Certain Emerg- ican-Made Protection for Healthcare Work- ‘‘Sec. 529. National strategic stockpile of ing Technologies’’ (83 Fed. Reg. 58201). ers and First Responders Act’’. personal protective equipment (2) COVERED FOREIGN ENTITY.—The term SEC. ll02. INCLUSION OF PERSONAL PROTEC- for first responders.’’. ‘‘covered foreign entity’’ means an entity TIVE EQUIPMENT IN THE STRA- SEC. ll04. PRE-DISASTER CONTRACTS. domiciled in the People’s Republic of China TEGIC NATIONAL STOCKPILE. The Secretary of Health and Human Serv- or subject to influence or control by the Gov- Section 319F–2(a) of the Public Health ices (referred to in this section as the ‘‘Sec- ernment of the People Republic of China or Service Act (42 U.S.C. 247d–6b(a)) is amended retary’’) shall enter into contracts with sup- the Communist Party of the People’s Repub- by adding at the end the following: pliers of personal protective equipment (as lic of China, as determined by the Secretary ‘‘(6) PERSONAL PROTECTIVE EQUIPMENT.— defined in section 319F–2(a)(6)(B) of the Pub- of Homeland Security. ‘‘(A) IN GENERAL.—The Secretary, in co- lic Health Service Act (as amended by this (3) EXECUTIVE AGENCY.—The term ‘‘execu- ordination with the Secretary of Homeland subtitle)) for the procurement by the Federal tive agency’’ has the meaning given the term Security, shall ensure that the supplies of Government of such equipment in the event in section 133 of title 41, United States Code. the strategic national stockpile includes per- of a public health emergency declared under (b) RESTRICTIONS ON CONTRACTING WITH sonal protective equipment in a quantity section 319 of the Public Health Service Act COMPANIES THAT ARE OWNED WHOLLY OR that is sufficient for a 1-year supply during a (42 U.S.C. 247d), under section 501(b) of the PARTIALLY BY COVERED FOREIGN ENTITIES.— nationwide pandemic. Robert T. Stafford Disaster Relief and Emer- (1) FEDERAL CONTRACTS.—The head of an ‘‘(B) DEFINITION.—In this paragraph, the gency Assistance Act (42 U.S.C. 5191(b)), or executive agency may not enter into— term ‘personal protective equipment’— under the National Emergencies Act (50 (A) a covered contract with a contractor ‘‘(i) has the meaning given such term by U.S.C. 1601 et seq.). that has an ownership interest, either di- the Commissioner of Food and Drugs, which SEC. ll05. PROHIBITION ON PROCUREMENT OF rectly or through a joint venture, of at least includes protective clothing, helmets, PERSONAL PROTECTIVE EQUIP- 25 percent that is held by a covered foreign gloves, face shields, goggles, facemasks, and MENT FROM COVERED FOREIGN EN- entity; or other equipment designed to protect the TITIES. (B) a covered contract in which the con- wearer from injury or the spread of infection (a) PROCUREMENT PROHIBITION.—An execu- tractor subcontracts with a subcontractor or illness; and tive agency may not procure by contract, having such an ownership interest. ‘‘(ii) includes ventilators, respirators, dis- subcontract, grant, or cooperative agree- (2) USE OF FEDERAL FUNDS.—No Federal infecting wipes, and hand sanitizer. ment any personal protective equipment funds, including grant and loan funds, may ‘‘(7) CONGRESSIONAL BRIEFINGS.—Not later sourced, manufactured, or assembled in be used to enter into a covered contract with than 180 days after the date of enactment of whole or in part by a covered foreign entity. a contractor or subcontractor having an this paragraph, and every 180 days thereafter To the extent possible, executive agencies ownership interest of at least 25 percent that until the date that is 5 years after the date shall procure personal protective equipment is held by a covered foreign entity. of enactment of this paragraph, the Sec- sourced, manufactured, or assembled in (3) WAIVER AUTHORITY.—The head of an ex- retary shall provide a briefing to the Com- whole or in part in the United States. ecutive agency may waive the prohibition mittee on Homeland Security and Govern- (b) PROHIBITION ON USE OF FEDERAL FUNDS under paragraph (1) or (2) on a case-by-case mental Affairs of the Senate and the Com- FOR FOREIGN PROCUREMENT.—No Federal basis. Notice of each such waiver shall be mittee on Homeland Security of the House of funds, whether made available by contract, provided to the Director of the Office of Man- Representatives on the inventory of drugs, grant, or cooperative agreement, may be agement and Budget. vaccines and other biological products, med- used to procure personal protective equip- (4) EFFECTIVE DATE.—The prohibitions ical devices, and other supplies in the stra- ment sourced, manufactured, or assembled in under paragraphs (1) and (2) apply to con- tegic national stockpile.’’. whole or in part by a covered foreign entity.

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(c) EFFECTIVE DATE.—The prohibitions performed during any portion of the 2020 or SEC. l03. COVERAGE OF CORONAVIRUS ANTI- under subsections (a) and (b) shall take ef- 2021 plans years. BODY TESTS AT NO COST SHARING fect on the date that is one year after the (2) ELIGIBLE TEST.—For purpose of para- UNDER MEDICARE. date of the enactment of this Act. graph (1), an eligible COVID–19 serology test (a) IN GENERAL.—Section 1833(cc)(1)(A)(iii) SEC. ll06. INELIGIBILITY FOR FEDERAL CON- shall include the following: of the Social Security Act (42 U.S.C. TRACTING AS RESULT OF UNREA- (A) A test that has been approved, cleared, 1395l(cc)(1)(A)(iii) is amended by inserting SONABLE FAILURE TO PERFORM A or authorized under section 510(k), 513, 515, or the following before the semicolon: ‘‘or a CONTRACT FOR THE PROCUREMENT 564 of the Federal Food, Drug, and Cosmetic COVID–19 serology test described in section OF PERSONAL PROTECTIVE EQUIP- Act for the detection of the presence of 1852(a)(1)(B)(VII)’’. MENT. SARS–CoV–2 antibodies. (b) COVERAGE UNDER MEDICARE ADVAN- Any Federal contractor or subcontractor (B) A serology test kit that is made avail- TAGE.—Section 1852(a)(1)(B) of the Social Se- determined by the head of an executive agen- able within the 10-day grace period prior to curity Act (42 U.S.C. 1395w–22(a)(1)(B)) is cy to have unreasonably failed to perform a an emergency use authorization submission amended— contract for the procurement of personal and with respect to which such emergency (1) in clause (iv)— protective equipment shall be ineligible to use authorization submission is under con- (A) by redesignating subclause (VII) as sub- receive a Federal contract for a period of 10 sideration, except that this subparagraph clause (VIII); and years following such determination. shall not apply in the case of a serology test (B) by inserting after subclause (VI) the SEC. ll07. DEFINITIONS. kit where the emergency use authorization following new clause: In this subtitle: submission request under section 564 of the ‘‘(VII) A COVID–19 serology test adminis- (1) COVERED FOREIGN ENTITY.—The term Federal Food, Drug, and Cosmetic Act has tered during any portion of the 2-year period ‘‘covered foreign entity’’ means— been denied or not submitted within a rea- beginning on January 1, 2020, that begins on (A) a covered entity designated by the Sec- sonable timeframe. or after the date of enactment of this sub- retary of Commerce; (C) A serology laboratory developed test clause, and the administration of such (B) an entity included on the Consolidated that the Food and Drug Administration per- test.’’; Screening List; mits for clinical use without an emergency (2) in clause (v), by striking ‘‘and (VI)’’ and (C) any entity that is subject to use authorization submission. inserting ‘‘(VI), and (VII)’’; and extrajudicial direction from a foreign gov- (D) Any other test the Secretary deter- (3) in clause (vi), by inserting ‘‘, or in the ernment, as determined by the Secretary of mines appropriate through guidance. case of a product or service described in sub- Homeland Security; clause (VII) of such clause that is adminis- (b) ENFORCEMENT.—The provisions of this (D) any entity the Secretary of Homeland tered or furnished during any portion of the section shall be applied by the Secretary of Security, in coordination with the Director period described in such subclause’’ after Health and Human Services, Secretary of of National Intelligence and the Secretary of ‘‘this clause’’. Labor, and Secretary of the Treasury to Defense, determines poses a national secu- SEC. l04. COVERAGE OF CORONAVIRUS ANTI- rity risk; group health plans and health insurance issuers offering group or individual health BODY TESTS UNDER MEDICAID AND (E) any entity domiciled in the People’s CHIP. Republic of China or subject to influence or insurance coverage as if included in the provisions of part A of title XXVII of the Public (a) MEDICAID.— control by the Government of the People’s (1) IN GENERAL.—Section 1905(a)(3) of the Republic of China or the Communist Party Health Service Act, part 7 of the Employee Retirement Income Security Act of 1974, and Social Security Act (42 U.S.C. 1396d(a)(3)) is of the People’s Republic of China, as deter- amended— mined by the Secretary of Homeland Secu- subchapter B of chapter 100 of the Internal Revenue Code of 1986, as applicable. (A) in subparagraph (A), by striking ‘‘; rity; or and’’ and inserting a semicolon; (F) any subsidiary or affiliate of an entity (c) IMPLEMENTATION.—The Secretary of (B) in subparagraph (B), by inserting ‘‘and’’ described in subparagraphs (A) through (D). Health and Human Services, Secretary of after the semicolon; and (2) EXECUTIVE AGENCY.—The term ‘‘execu- Labor, and Secretary of the Treasury may (C) by adding at the end the following new tive agency’’ has the meaning given the term implement the provisions of this section subparagraph: in section 133 of title 41, United States Code. through sub-regulatory guidance, program ‘‘(C) COVID–19 serology tests administered (3) PERSONAL PROTECTIVE EQUIPMENT.—The instruction or otherwise. during any portion of the 2-year period be- term ‘‘personal protective equipment’’ has ginning on January 1, 2020, that begins on or the meaning given such term in section (d) RULE OF CONSTRUCTION.—Nothing in this title, or the amendments made by this after the date of enactment of this subpara- 319F–2(a)(6)(B) of the Public Health Service graph, and the administration of such Act (as amended by this subtitle). title, shall be construed to limit the number of COVID–19 serology tests that will be cov- tests;’’. (2) NO COST SHARING.— SA 2552. Mr. SCOTT of Florida (for ered with respect to an individual under this title (or amendments). (A) IN GENERAL.—Subsections (a)(2) and himself, Ms. ERNST, and Ms. MCSALLY) (b)(2) of section 1916 of the Social Security submitted an amendment intended to (e) TERMS.—In this section: Act (42 U.S.C. 1396o) are each amended— be proposed to amendment SA 2499 pro- (1) GENERAL TERMS.—The terms ‘‘group (i) in subparagraph (F), by striking ‘‘or’’ at health plan’’, ‘‘health insurance issuer’’, posed by Mr. MCCONNELL to the bill S. the end; ‘‘group health insurance coverage’’, and ‘‘in- (ii) by redesignating subparagraph (G) as 178, to condemn gross human rights dividual health insurance coverage’’ shall violations of ethnic Turkic Muslims in subparagraph (H); and have the meanings given such terms in sec- (iii) by inserting after subparagraph (F) Xinjiang, and calling for an end to ar- tion 2791 of the Public Health Service Act (42 the following new subparagraph: bitrary detention, torture, and harass- U.S.C. 300gg–91), section 733 of the Employee ‘‘(G) any COVID–19 serology test described ment of these communities inside and Retirement Income Security Act of 1974 (29 in section 1905(a)(3)(C) that is performed dur- outside China; which was ordered to lie U.S.C. 1191b), and section 9832 of the Internal ing any portion of the 2-year period de- on the table; as follows: Revenue Code of 1986, as applicable. scribed in such section beginning on or after (2) MEDICAL MANAGEMENT.—The term the date of enactment of this subparagraph At the appropriate place, insert the fol- ‘‘medical management’’ includes require- lowing: (and the administration of such test), or’’. ments relating to clinical criteria for cov- (B) APPLICATION TO ALTERNATIVE COST ll— TITLE AFFORDABLE CORONAVIRUS erage, frequency limitations, and similar re- SHARING.—Section 1916A(b)(3)(B) of the So- TESTING strictions as determined by the Secretary of cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) SEC. l01. SHORT TITLE. Health and Human Services, Secretary of is amended by adding at the end the fol- This title may be cited as the ‘‘Affordable Labor, and Secretary of the Treasury. lowing new clause: Coronavirus Testing Act’’. (f) CONFORMING AMENDMENT.—Section ‘‘(xii) Any COVID–19 serology test de- SEC. l02. COVERAGE OF CORONAVIRUS ANTI- 6001(d) of the Families First Coronavirus Re- scribed in section 1905(a)(3)(C) that is admin- BODY TESTS. sponse Act (42 U.S.C. 1320b–5 note) is amend- istered during any portion of the 2-year pe- (a) COVERAGE.— ed— riod described in such section beginning on (1) IN GENERAL.—A group health plan and a (1) by striking ‘‘The terms’’ and inserting or after the date of enactment of this clause health insurance issuer offering group or in- the following: (and the administration of such test).’’. dividual health insurance coverage (includ- ‘‘(1) IN GENERAL.—The terms’’; and (C) CLARIFICATION.—The amendments made ing a grandfathered health plan (as defined (2) by adding at the end the following: in this paragraph shall apply with respect to in section 1251(e) of the Patient Protection ‘‘(2) MEDICAL MANAGEMENT.—The term a State plan of a territory in the same man- and Affordable Care Act) shall provide cov- ‘medical management’ includes require- ner as a State plan of one of the 50 States. erage, and shall not impose any cost sharing ments relating to clinical criteria for cov- (b) CHIP.— (including deductibles, copayments, and co- erage, frequency limitations, and similar re- (1) IN GENERAL.—Section 2103(c) of the So- insurance) requirements or prior authoriza- strictions as determined by the Secretary of cial Security Act (42 U.S.C. 1397cc(c)) is tion or other medical management require- Health and Human Services, Secretary of amended by adding at the end the following ments, for eligible COVID–19 serology tests Labor, and Secretary of the Treasury.’’. paragraph:

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‘‘(11) COVID–19 SEROLOGY TESTING.—The SEC. l09. ELECTRONIC REPORTING STANDARDS. limits on the timeframe for adoption of the child health assistance provided to a tar- (a) COMMITTEE.— standards) (42 U.S.C. 1320d–3). geted low-income child shall include cov- (1) IN GENERAL.—Not later than 30 days (d) ADOPTION OF PLATFORM.—Not later erage of any COVID–19 serology test de- after the date of enactment of this Act, the than 90 days after receipt of the rec- scribed in section 1905(a)(3)(C) that is admin- Secretary of Health and Human Services ommendations under subsection (b) on a istered during any portion of the 2-year pe- shall convene a committee to make rec- common platform as described in subsection riod described in such section beginning on ommendations to the Secretary on the expe- (b)(4), the Secretary of Health and Human or after the date of the enactment of this dited adoption of private sector standards (as Services shall enter into a contract with a subparagraph (and the administration of defined in section 1171(7) of the Social Secu- private sector entity to establish such plat- such test).’’. rity Act (42 U.S.C. 1320d(7))) and the platform form, which shall be available for use within (2) PROHIBITION OF COST SHARING.—Section described in subsection (b). 180 days of the date of such contract. 2103(e)(2) of the Social Security Act (42 (2) MEMBERSHIP.—The committee under (e) REPORT.—Not later than 30 days after U.S.C. 1397cc(e)(2)) is amended by inserting paragraph (1) shall include representatives the date on which the committee established ‘‘COVID–19 serology tests described in sub- of— under subsection (a) makes recommenda- section (c)(11) (and administration of such (A) the Centers for Disease Control and tions for standards and the platform under tests),’’ after ‘‘products),’’. Prevention; subsection (b), the committee shall submit SEC. l05. COVERAGE OF CORONAVIRUS ANTI- (B) the Office of Civil Rights of the Depart- to the appropriate committees of Congress a BODY TESTS UNDER THE TRICARE ment of Health and Human Services; report on such standards and platform, in- PROGRAM. (C) the Office of the National Coordinator cluding any legislative changes that would (a) IN GENERAL.—The Secretary of Defense for Health Information Technology; be necessary to implement such standards shall provide coverage under the TRICARE (D) the Department of Defense; and platform. program, and shall not impose any cost shar- (E) the Department of Veterans Affairs; ing (including deductibles, copayments, and (F) the Centers for Medicare & Medicaid SA 2553. Mr. ENZI submitted an coinsurance) requirements or prior author- Services; and amendment intended to be proposed to ization or other medical management re- (G) standards development organizations amendment SA 2499 proposed by Mr. quirements, for COVID–19 serology tests per- defined under section 1171(8) of the Social Se- MCCONNELL to the bill S. 178, to con- formed for covered beneficiaries during cal- curity Act (42 U.S.C. 1320d(8)), including the demn gross human rights violations of endar year 2020 or 2021. National Council for Prescription Drug Pro- ethnic Turkic Muslims in Xinjiang, and (b) DEFINITIONS.—In this section, the terms grams and Health Level 7. calling for an end to arbitrary deten- ‘‘TRICARE program’’ and ‘‘covered bene- (b) STANDARDS AND PLATFORM.—Not later tion, torture, and harassment of these ficiary’’ have the meanings given those than 60 days after the date of the convening terms in section 1072 of title 10, United of the committee in subsection (a)(1), the communities inside and outside China; States Code. committee shall recommend standards, im- which was ordered to lie on the table; SEC. l06. COVERAGE OF CORONAVIRUS ANTI- plementation guidelines, and the attributes as follows: BODY TESTS FROM DEPARTMENT OF of a health data platform that facilitates the At the appropriate place, insert the fol- VETERANS AFFAIRS. real-time sharing of information for both lowing: (a) IN GENERAL.—The Secretary of Vet- public health and clinical health that allows SEC. l. VOLUNTARY PROTECTION PROGRAM. erans Affairs shall furnish a COVID–19 serol- for— (a) COOPERATIVE RELATIONSHIPS.—The Sec- ogy test to any enrolled veteran, upon re- (1) interoperable electronic reporting retary of Labor shall establish a program of quest by the veteran, during calendar years standards for the sharing of electronic pa- entering into cooperative relationships with 2020 and 2021 and shall not impose any cost tient data, including case reports, laboratory employers to encourage the establishment of sharing (including deductibles, copayments, results, serology, immunology, and hospital comprehensive safety and health manage- and coinsurance) requirements or prior au- capacity data; ment systems that include— thorization or other medical management (2) standardized electronic information re- (1) requirements for systematic assessment requirements for the receipt of such a test by porting for the automated e-reporting of of hazards; an enrolled veteran during such period. COVID–19 or future epidemic surveillance re- (2) comprehensive hazard prevention, miti- (b) ENROLLED VETERAN DEFINED.—In this sults from health care providers, labora- gation, and control programs; section, the term ‘‘enrolled veteran’’ means tories, and other sources to the Centers for (3) active and meaningful management a veteran enrolled in the system of annual Disease Control and Prevention and State leadership and employee participation in the patient enrollment of the Department of and local departments of health; voluntary program described in subsection Veterans Affairs established and operated (3) standardized immunization data that is (b); and under section 1705(a) of title 38, United shared with immunization registries, medi- (4) employee safety and health training. States Code. cation history, and serology available at the (b) VOLUNTARY PROTECTION PROGRAM.— SEC. l07. COVERAGE OF CORONAVIRUS ANTI- point of care for clinicians; and (1) IN GENERAL.—The Secretary of Labor BODY TESTS UNDER FEHBP. (4) a common platform for automated que- shall establish and carry out a voluntary Section 8902 of title 5, United States Code, ries and responses from hospitals, physi- protection program (consistent with sub- is amended by adding at the end the fol- cians, and other prescribers and pharmacies section (a)) to encourage excellence and rec- lowing: to— ognize the achievement of excellence in both ‘‘(p) A contract for a plan under this chap- (A) collect, maintain, and provide to pre- the technical and managerial protection of ter shall— scribers and dispensers, in real-time and employees from occupational hazards. ‘‘(1) require the carrier to provide coverage within ordinary clinical workflow, informa- (2) PROGRAM REQUIREMENTS.—The vol- for— tion on patient prescription and dispensing untary protection program shall include the ‘‘(A) a COVID–19 serology test adminis- history, relevant clinical diagnoses, labora- following: tered on any date during the period begin- tory test results, vaccinations through phar- (A) APPLICATION.—Employers who volun- ning on the date of enactment of this sub- maceutical claims, and electronic pre- teer under the program shall be required to section and ending on December 31, 2021; and scribing data transactions to treat patients; submit an application to the Secretary of ‘‘(B) the administration of a test described and Labor demonstrating that the worksite with in subparagraph (A); and (B) allow for the relevant information to respect to which the application is made ‘‘(2) prohibit the carrier from imposing any be reported to public health officials for the meets such requirements as the Secretary of cost sharing requirement (including a de- purposes of infectious disease surveillance, Labor may require for participation in the ductible, copayment, or coinsurance require- identification, and containment consistent program. ment), or prior authorization or other med- with any electronic case reporting system. (B) ONSITE EVALUATIONS.— ical management requirement, with respect Such recommendations shall be prioritized (i) IN GENERAL.—There shall be onsite eval- to a test described in paragraph (1)(A).’’. in order of impact on improvements to pub- uations by representatives of the Secretary SEC. l08. REIMBURSEMENT FOR UNINSURED PA- lic and clinical health. of Labor to ensure a high level of protection TIENT COSTS. (c) ADOPTION OF STANDARDS.—Not later of employees. The Secretary of Health and Human Serv- than 90 days after receipt of the rec- (ii) TREATMENT OF HAZARDS.—Any rep- ices shall utilize amounts in the Public ommendations under subsection (b), and in resentative of the Secretary of Labor who is Health and Social Services Emergency Fund consultation with American National Stand- conducting an onsite evaluation under clause (as established in the Coronavirus Aid, Re- ards Institute Accredited Standards Develop- (i)— lief, and Economic Security Act (Public Law ment Organizations, the Secretary of Health (I) shall not issue, or recommend the 116–136)) to reimburse health care providers and Human Services shall adopt priority issuance of, citations under the Occupational for the costs of providing health care serv- standards and implementation specifications Safety and Health Act of 1970 (29 U.S.C. 651 ices for the diagnosis and treatment of recommended by the committee under sub- et seq.) related to any of the hazards identi- COVID–19 for individuals who are not cov- section (a) on an expedited basis without re- fied during the evaluation; and ered under a group health plan or other gard to the process described in section 1174 (II) may refer any hazard identified during health insurance coverage. of the Social Security Act (with respect to the evaluation to the Assistant Secretary of

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Labor for Occupational Safety and Health shall issue final regulations for the vol- (D) REEVALUATIONS.—Periodic reevalua- for review and enforcement action, if— untary protection program authorized under tions by the Secretary of Labor of the em- (aa) employees are exposed to the hazard; this section and shall begin implementation ployers shall be required for continued par- and of the program. ticipation in the program. (bb) after reasonable efforts, the Sec- (e) AUTHORIZATION OF APPROPRIATIONS.— (3) MONITORING.—To ensure proper controls retary’s representative is unable to reach There are authorized to be appropriated to and measurement of program performance agreement with the employer on the correc- carry out this section such sums as may be for the voluntary protection program under tion of the hazard. necessary. this section, the Secretary of Labor shall di- (C) INFORMATION.—Each employer whose rect the Assistant Secretary of Labor for Oc- worksite is approved by the Secretary of SA 2554. Mr. ENZI submitted an cupational Safety and Health to take the fol- Labor for participation in the program shall amendment intended to be proposed by lowing actions: ensure information about the safety and him to the bill S. 178, to condemn gross (A) Develop a documentation policy re- health program is made readily available to human rights violations of ethnic garding information on follow-up actions each employee who is performing work at Turkic Muslims in Xinjiang, and call- taken by the regional offices of the Occupa- the worksite. ing for an end to arbitrary detention, tional Safety and Health Administration in (D) REEVALUATIONS.—Periodic reevalua- torture, and harassment of these com- response to fatalities and serious injuries at tions by the Secretary of Labor of the em- munities inside and outside China; worksites participating in the voluntary pro- ployers shall be required for continued par- tection program. ticipation in the program. which was ordered to lie on the table; as follows: (B) Establish internal controls that ensure (3) MONITORING.—To ensure proper controls consistent compliance by the regional offices and measurement of program performance At the appropriate place, insert the fol- of the Occupational Safety and Health Ad- for the voluntary protection program under lowing: ministration with the voluntary protection this section, the Secretary of Labor shall di- SEC. l. VOLUNTARY PROTECTION PROGRAM. program policies of the Occupational Safety rect the Assistant Secretary of Labor for Oc- (a) COOPERATIVE RELATIONSHIPS.—The Sec- and Health Administration for conducting cupational Safety and Health to take the fol- retary of Labor shall establish a program of onsite reviews and monitoring injury and ill- lowing actions: entering into cooperative relationships with ness rates, to ensure that only qualified (A) Develop a documentation policy re- employers to encourage the establishment of worksites participate in the program. garding information on follow-up actions comprehensive safety and health manage- (C) Establish a system for monitoring the ment systems that include— taken by the regional offices of the Occupa- performance of the voluntary protection pro- (1) requirements for systematic assessment tional Safety and Health Administration in gram by developing specific performance of hazards; response to fatalities and serious injuries at goals and measures for the program. (2) comprehensive hazard prevention, miti- worksites participating in the voluntary pro- (4) EXEMPTIONS.—A worksite with respect gation, and control programs; tection program. to which a voluntary protection program has (3) active and meaningful management (B) Establish internal controls that ensure been approved shall, during participation in leadership and employee participation in the consistent compliance by the regional offices the program, be exempt from programmed voluntary program described in subsection of the Occupational Safety and Health Ad- inspections, except that this paragraph shall (b); and ministration with the voluntary protection not apply to inspections or investigations program policies of the Occupational Safety (4) employee safety and health training. (b) VOLUNTARY PROTECTION PROGRAM.— arising from employee complaints, fatalities, and Health Administration for conducting catastrophes, or significant toxic releases. onsite reviews and monitoring injury and ill- (1) IN GENERAL.—The Secretary of Labor shall establish and carry out a voluntary (5) NO PAYMENTS REQUIRED.—The Secretary ness rates, to ensure that only qualified protection program (consistent with sub- of Labor shall not require any form of pay- worksites participate in the program. section (a)) to encourage excellence and rec- ment for an employer to qualify or partici- (C) Establish a system for monitoring the ognize the achievement of excellence in both pate in the voluntary protection program. performance of the voluntary protection pro- the technical and managerial protection of (c) TRANSITION.—The Secretary of Labor gram by developing specific performance employees from occupational hazards. shall take such steps as may be necessary for goals and measures for the program. (2) PROGRAM REQUIREMENTS.—The vol- the orderly transition from the cooperative (4) EXEMPTIONS.—A worksite with respect untary protection program shall include the relationships and voluntary protection pro- to which a voluntary protection program has following: grams carried out by the Occupational Safe- been approved shall, during participation in (A) APPLICATION.—Employers who volun- ty and Health Administration as of the day the program, be exempt from programmed teer under the program shall be required to before the date of enactment of this Act, to inspections, except that this paragraph shall submit an application to the Secretary of the cooperative relationships and voluntary not apply to inspections or investigations Labor demonstrating that the worksite with protection program authorized under this arising from employee complaints, fatalities, respect to which the application is made section. In making such transition, the Sec- catastrophes, or significant toxic releases. meets such requirements as the Secretary of retary shall ensure that— (5) NO PAYMENTS REQUIRED.—The Secretary Labor may require for participation in the (1) the voluntary protection program au- of Labor shall not require any form of pay- program. thorized under this section is based upon and ment for an employer to qualify or partici- (B) ONSITE EVALUATIONS.— consistent with the voluntary protection pate in the voluntary protection program. (i) IN GENERAL.—There shall be onsite eval- programs carried out on the day before the (c) TRANSITION.—The Secretary of Labor uations by representatives of the Secretary date of enactment of this Act; and shall take such steps as may be necessary for (2) each employer that, as of the day before the orderly transition from the cooperative of Labor to ensure a high level of protection of employees. the date of enactment of this Act, had an ac- relationships and voluntary protection pro- tive cooperative relationship under the vol- grams carried out by the Occupational Safe- (ii) TREATMENT OF HAZARDS.—Any representative of the Secretary of Labor who is untary protection programs carried out by ty and Health Administration as of the day the Occupational Safety and Health Admin- before the date of enactment of this Act, to conducting an onsite evaluation under clause istration and was in good standing with re- the cooperative relationships and voluntary (i)— spect to the duties and responsibilities under protection program authorized under this (I) shall not issue, or recommend the such agreement, shall have the option to section. In making such transition, the Sec- issuance of, citations under the Occupational continue participating in the voluntary pro- retary shall ensure that— Safety and Health Act of 1970 (29 U.S.C. 651 tection program authorized under this sec- (1) the voluntary protection program au- et seq.) related to any of the hazards identi- tion. thorized under this section is based upon and fied during the evaluation; and (d) REGULATIONS AND IMPLEMENTATION.— consistent with the voluntary protection (II) may refer any hazard identified during Not later than 2 years after the date of en- programs carried out on the day before the the evaluation to the Assistant Secretary of actment of this Act, the Secretary of Labor date of enactment of this Act; and Labor for Occupational Safety and Health shall issue final regulations for the vol- (2) each employer that, as of the day before for review and enforcement action, if— untary protection program authorized under the date of enactment of this Act, had an ac- (aa) employees are exposed to the hazard; this section and shall begin implementation tive cooperative relationship under the vol- and of the program. untary protection programs carried out by (bb) after reasonable efforts, the Sec- (e) AUTHORIZATION OF APPROPRIATIONS.— retary’s representative is unable to reach the Occupational Safety and Health Admin- There are authorized to be appropriated to agreement with the employer on the correc- istration and was in good standing with re- carry out this section such sums as may be tion of the hazard. spect to the duties and responsibilities under necessary. such agreement, shall have the option to (C) INFORMATION.—Each employer whose continue participating in the voluntary pro- worksite is approved by the Secretary of Mr. ENZI submitted an Labor for participation in the program shall SA 2555. tection program authorized under this sec- amendment intended to be proposed to tion. ensure information about the safety and (d) REGULATIONS AND IMPLEMENTATION.— health program is made readily available to amendment SA 2499 proposed by Mr. Not later than 2 years after the date of en- each employee who is performing work at MCCONNELL to the bill S. 178, to con- actment of this Act, the Secretary of Labor the worksite. demn gross human rights violations of

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00189 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.054 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4868 CONGRESSIONAL RECORD — SENATE August 4, 2020 ethnic Turkic Muslims in Xinjiang, and riod described in subsection (a)(2), such facil- ment section 2796 of the Public Health Serv- calling for an end to arbitrary deten- ity or practitioner shall— ice Act, as added by paragraph (1). Such reg- tion, torture, and harassment of these ‘‘(i) report such bill to the Secretary; and ulations shall include— communities inside and outside China; ‘‘(ii) refund the patient for the full amount (A) a definition of the term ‘‘extenuating paid in response to such bill with interest, at which was ordered to lie on the table; circumstance’’ for purposes of subsection a rate determined by the Secretary. (d)(3)(B) of such section 2796; and as follows: ‘‘(2) CIVIL MONETARY PENALTIES.— (B) a definition of the term ‘‘date of serv- At the appropriate place, insert the fol- ‘‘(A) IN GENERAL.—The Secretary may im- ice’’ for purposes of subsection (b)(1), with lowing: pose civil monetary penalties of up to $10,000 respect to providers submitting global pack- SEC. ll. TIMELY BILLS FOR PATIENTS. on any facility or practitioner as follows: ages for services provided on multiple visits. (a) IN GENERAL.— ‘‘(i) In the case of a facility or practitioner (b) GROUP HEALTH PLAN AND HEALTH IN- (1) AMENDMENT.—Part C of title XXVII of that fails to provide a list required under SURANCE ISSUER REQUIREMENTS.— the Public Health Service Act (42 U.S.C. subsection (a)(1) 10 or more times, such pen- (1) PHSA.—Part A of title XXVII of the 300gg–91 et seq.), is amended— alties may be imposed, with respect to each Public Health Service Act (42 U.S.C. 300gg) is (A) by redesignating the second section such failure. Such penalties may be imposed, amended by adding at the end the following: 2794 (42 U.S.C. 300gg–95) (relating to uniform with respect to each such failure, for each ‘‘SEC. 2729A. TIMELY BILLS FOR PATIENTS. fraud and abuse referral format), as added by day, beginning on the date of the tenth fail- ‘‘(a) IN GENERAL.—A group health plan or section 6603 of the Patient Protection and ure and ending on the day on which the facil- health insurance issuer offering group or in- Affordable Care Act (Public Law 111–148), as ity or practitioner provides the relevant list. dividual health insurance coverage shall section 2795; and ‘‘(ii) In the case of a facility or practi- have in place business practices with respect (B) by adding at the end the following: tioner that submits 10 or more bills outside to in-network facilities and practitioners to ‘‘SEC. 2796. PROVIDER PROVISION OF TIMELY of the period described in subsection (a)(2), ensure that claims are adjudicated between BILLS FOR PATIENTS. such penalties may be imposed with respect the provider and the plan or issuer in order ‘‘(a) IN GENERAL.—The Secretary shall re- to each such bill, each day, beginning on the to facilitate facility and practitioner compli- quire— date on which such facility or practitioner ance with the requirements under section ‘‘(1) health care facilities, or in the case of sends each such bill and ending on the date 2796(a). practitioners providing services outside of such facility or practitioner withdraws such ‘‘(b) CLARIFICATION.—Nothing in subsection bill. such a facility, practitioners, to provide to a (a) prohibits a provider and a group health ‘‘(iii) In the case of a facility or practi- patient a list of services rendered to such pa- plan or health insurance issuer from estab- tioner that fails to report to the Secretary tient during the visit to such facility or lishing in a contract the timeline for submis- any failure to provide lists as required under practitioner, and, in the case of a facility, sion by either party to the other party of paragraph (1)(A), such penalties may be im- the name of the practitioner for each such billing information, adjudication, sending of posed, each day, beginning on the date that service, upon discharge or end of the visit or remittance information, or any other coordi- is 60 calendar days after the date of dis- by postal or electronic communication as nation required between the provider and the charge or visit, as applicable, and ending on soon as practicable and not later than 15 cal- plan or issuer necessary for meeting the the date of reporting. endar days after discharge or date of visit; deadline described in section 2796(a)(2). and ‘‘(iv) In the case of a facility or practi- ‘‘(c) RULES OF CONSTRUCTION.—Nothing in tioner that fails to send any bill as required ‘‘(2) subject to subsection (e), health care this section shall be construed to limit appli- under subsection (a)(2), such penalties may facilities and practitioners to furnish all cability of the appeals process under section be imposed, each day, beginning on the date bills reflecting claims adjudicated between 2719 to coverage determinations or claims that is 60 calendar days after the date of dis- the relevant provider and group health plan subject to the requirements of this section. charge or visit, as applicable, and ending on or health insurance issuer offering group or Any timeline established under subsection the date of sending such bill. individual health insurance coverage, to the (b) shall be tolled during any period during ‘‘(v) In the case of a facility or practitioner patient as soon as practicable, but not later which a claim is subject to an appeal under that requires a patient to pay a bill for than 90 calendar days after discharge or date section 2719, provided that, in the case of health care services earlier than 45 days of visit. such an appeal by the provider, the patient is ‘‘(b) ADJUDICATION OF BILLS.—For purposes after the postmark date of such bill, such informed of such appeal. A group health plan of meeting the requirements of subsection penalties may be imposed for each bill issued or health insurance issuer that knows or (a), in the case of services provided to an in- in violation of subsection (b). should have known that denials of a claim dividual covered by a group health plan or ‘‘(B) PROCEDURE.—The provisions of sec- would lead to noncompliance by providers group or individual health insurance cov- tion 1128A of the Social Security Act, other with section 2799B–10 may be found to be in erage— than subsections (a) and (b) and the first sen- violation of this part.’’. ‘‘(1) the health care facility, or in the case tence of subsection (c)(1) of such section, (2) ERISA.—Subpart B of part 7 of subtitle of a practitioner providing services outside shall apply to civil money penalties under B of title I of the Employee Retirement In- of such a facility, the practitioner, shall sub- this subsection in the same manner as such come Security Act of 1974 (29 U.S.C. 1185 et mit to the applicable group health plan or provisions apply to a penalty or proceeding seq.) is amended by adding at the end the fol- health insurance issuer the bill with respect under section 1128A of the Social Security lowing: to such services not later than 30 calendar Act. ‘‘SEC. 716. TIMELY BILLS FOR PATIENTS. days after discharge or date of visit of the in- ‘‘(3) EXEMPTIONS.—The Secretary may ex- dividual; empt a practitioner or facility from the pen- ‘‘(a) IN GENERAL.—A group health plan (or ‘‘(2) a group health plan or health insur- alties under paragraph (2)(A) or extend the health insurance coverage offered in connec- ance issuer receiving a bill as described in period of time specified in subsection (a)(2) tion with such a plan) shall have in place paragraph (1) shall, not later than 30 cal- for compliance with such subsection if a business practices with respect to in-net- endar days after such bill is transmitted by practitioner or facility— work facilities and practitioners to ensure the facility or practitioner, complete adju- ‘‘(A) makes a good-faith attempt to send a that claims are adjudicated between the pro- dication of the bill and send such adjudicated bill within the period of time specified in vider and the plan or issuer in order to facili- bill to the facility or practitioner, as appli- subsection (a)(2) but is unable to do so be- tate facility and practitioner compliance cable under paragraph (1); and cause of an incorrect address; or with the requirements under section 2796(a) ‘‘(3) the health care facility or practi- ‘‘(B) experiences extenuating cir- of the Public Health Service Act. tioner, as applicable under paragraph (1), cumstances (as defined by the Secretary), ‘‘(b) CLARIFICATION.—Nothing in subsection shall, not later than 30 calendar days after such as a hurricane or cyberattack, that (a) prohibits a provider and a group health transmission of the adjudicated bill as de- may reasonably delay delivery of a timely plan (or health insurance coverage offered in scribed in paragraph (2), send such bill to the bill. connection with such a plan) from estab- individual. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in lishing in a contract the timeline for submis- ‘‘(c) PAYMENT AFTER BILLING.—No patient this section shall be construed to limit appli- sion by either party to the other party of may be required to pay a bill for health care cability of the appeals process under section billing information, adjudication, sending of services any earlier than 45 days after the 2719 to coverage determinations or claims remittance information, or any other coordi- postmark date of a bill for such services. subject to the requirements of this section. nation required between the provider and the ‘‘(d) EFFECT OF VIOLATION.— The periods described in subsections (a)(2), plan or issuer necessary for meeting the ‘‘(1) NOTIFICATION AND REFUND REQUIRE- (b), and (c) shall be tolled during any period deadline described in section 2796(a)(2) of the MENTS.— during which a claim is subject to an appeal Public Health Service Act. ‘‘(A) PROVIDER LISTS.—If a facility or prac- under section 2719, provided that, in the case ‘‘(c) RULES OF CONSTRUCTION.—Nothing in titioner fails to provide a patient a list as re- of such an appeal by the provider, the pa- this section shall be construed to limit appli- quired under subsection (a)(1), such facility tient is informed of such appeal.’’. cability of the appeals process under section or practitioner shall report such failure to (2) RULEMAKING.—Not later than 1 year 2719 of the Public Health Service Act to cov- the Secretary. after the date of enactment of this Act, the erage determinations or claims subject to ‘‘(B) BILLING.—If a facility or practitioner Secretary of Health and Human Services the requirements of this section. Any bills a patient after the 60-calendar-day pe- shall promulgate final regulations to imple- timeline established under subsection (b)

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00190 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.057 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4869 shall be tolled during any period during (A) by redesignating the second section such failure. Such penalties may be imposed, which a claim is subject to an appeal under 2794 (42 U.S.C. 300gg–95) (relating to uniform with respect to each such failure, for each section 2719 of the Public Health Service Act, fraud and abuse referral format), as added by day, beginning on the date of the tenth fail- provided that, in the case of such an appeal section 6603 of the Patient Protection and ure and ending on the day on which the facil- by the provider, the patient is informed of Affordable Care Act (Public Law 111–148), as ity or practitioner provides the relevant list. such appeal. A group health plan or health section 2795; and ‘‘(ii) In the case of a facility or practi- insurance issuer that knows or should have (B) by adding at the end the following: tioner that submits 10 or more bills outside known that denials of a claim would lead to ‘‘SEC. 2796. PROVIDER PROVISION OF TIMELY of the period described in subsection (a)(2), noncompliance by providers with section 2796 BILLS FOR PATIENTS. such penalties may be imposed with respect of the Public Health Service Act may be ‘‘(a) IN GENERAL.—The Secretary shall re- to each such bill, each day, beginning on the found to be in violation of this subpart.’’. quire— date on which such facility or practitioner (3) IRC.—Subchapter B of chapter 100 of ‘‘(1) health care facilities, or in the case of sends each such bill and ending on the date the Internal Revenue Code of 1986 is amended practitioners providing services outside of such facility or practitioner withdraws such by adding at the end the following: such a facility, practitioners, to provide to a bill. ‘‘SEC. 9816. TIMELY BILLS FOR PATIENTS. patient a list of services rendered to such pa- ‘‘(iii) In the case of a facility or practi- ‘‘(a) IN GENERAL.—A group health plan tient during the visit to such facility or tioner that fails to report to the Secretary shall have in place business practices with practitioner, and, in the case of a facility, any failure to provide lists as required under respect to in-network facilities and practi- the name of the practitioner for each such paragraph (1)(A), such penalties may be im- tioners to ensure that claims are adjudicated service, upon discharge or end of the visit or posed, each day, beginning on the date that between the provider and the plan in order to by postal or electronic communication as is 60 calendar days after the date of dis- facilitate facility and practitioner compli- soon as practicable and not later than 15 cal- charge or visit, as applicable, and ending on ance with the requirements under section endar days after discharge or date of visit; the date of reporting. 2796(a) of the Public Health Service Act. and ‘‘(iv) In the case of a facility or practi- ‘‘(b) CLARIFICATION.—Nothing in subsection ‘‘(2) subject to subsection (e), health care tioner that fails to send any bill as required (a) prohibits a provider and a group health facilities and practitioners to furnish all under subsection (a)(2), such penalties may plan from establishing in a contract the bills reflecting claims adjudicated between be imposed, each day, beginning on the date timeline for submission by either party to the relevant provider and group health plan that is 60 calendar days after the date of dis- the other party of billing information, adju- or health insurance issuer offering group or charge or visit, as applicable, and ending on dication, sending of remittance information, individual health insurance coverage, to the the date of sending such bill. or any other coordination required between patient as soon as practicable, but not later ‘‘(v) In the case of a facility or practitioner the provider and the plan necessary for than 90 calendar days after discharge or date that requires a patient to pay a bill for meeting the deadline described in section of visit. health care services earlier than 45 days 2796(a)(2) of the Public Health Service Act. ‘‘(b) ADJUDICATION OF BILLS.—For purposes after the postmark date of such bill, such ‘‘(c) RULES OF CONSTRUCTION.—Nothing in of meeting the requirements of subsection penalties may be imposed for each bill issued this section shall be construed to limit appli- (a), in the case of services provided to an in- in violation of subsection (b). dividual covered by a group health plan or cability of the appeals process under section ‘‘(B) PROCEDURE.—The provisions of sec- group or individual health insurance cov- 2719 of the Public Health Service Act to cov- tion 1128A of the Social Security Act, other erage— erage determinations or claims subject to than subsections (a) and (b) and the first sen- ‘‘(1) the health care facility, or in the case the requirements of this section. Any tence of subsection (c)(1) of such section, of a practitioner providing services outside timeline established under subsection (b) shall apply to civil money penalties under of such a facility, the practitioner, shall sub- shall be tolled during any period during this subsection in the same manner as such mit to the applicable group health plan or which a claim is subject to an appeal under provisions apply to a penalty or proceeding health insurance issuer the bill with respect section 2719 of the Public Health Service Act, under section 1128A of the Social Security to such services not later than 30 calendar provided that, in the case of such an appeal Act. days after discharge or date of visit of the in- by the provider, the patient is informed of ‘‘(3) EXEMPTIONS.—The Secretary may ex- dividual; such appeal. A group health plan that knows empt a practitioner or facility from the pen- ‘‘(2) a group health plan or health insur- or should have known that denials of a claim alties under paragraph (2)(A) or extend the ance issuer receiving a bill as described in would lead to noncompliance by providers period of time specified in subsection (a)(2) paragraph (1) shall, not later than 30 cal- with section 2796 of the Public Health Serv- for compliance with such subsection if a endar days after such bill is transmitted by ice Act may be found to be in violation of practitioner or facility— the facility or practitioner, complete adju- this chapter.’’. ‘‘(A) makes a good-faith attempt to send a dication of the bill and send such adjudicated (4) CLERICAL AMENDMENTS.— bill within the period of time specified in bill to the facility or practitioner, as appli- (A) ERISA.—The table of contents in sec- subsection (a)(2) but is unable to do so be- cable under paragraph (1); and tion 1 of the Employee Retirement Income cause of an incorrect address; or ‘‘(3) the health care facility or practi- Security Act of 1974 (29 U.S.C. 1001 et seq.), ‘‘(B) experiences extenuating cir- tioner, as applicable under paragraph (1), as amended by the previous sections, is fur- cumstances (as defined by the Secretary), shall, not later than 30 calendar days after ther amended by inserting after the item re- such as a hurricane or cyberattack, that transmission of the adjudicated bill as de- lating to section 715 the following new item: may reasonably delay delivery of a timely scribed in paragraph (2), send such bill to the ‘‘716. Timely bills for patients.’’. bill. individual. (B) IRC.—The table of sections for sub- ‘‘(c) PAYMENT AFTER BILLING.—No patient ‘‘(e) RULE OF CONSTRUCTION.—Nothing in chapter B of chapter 100 of the Internal Rev- may be required to pay a bill for health care this section shall be construed to limit appli- enue Code of 1986 is amended by adding at services any earlier than 45 days after the cability of the appeals process under section the end the following new item: postmark date of a bill for such services. 2719 to coverage determinations or claims ‘‘9816. Timely bills for patients.’’. ‘‘(d) EFFECT OF VIOLATION.— subject to the requirements of this section. (c) EFFECTIVE DATE.—The amendments ‘‘(1) NOTIFICATION AND REFUND REQUIRE- made by subsections (a) and (b) shall apply The periods described in subsections (a)(2), MENTS.— (b), and (c) shall be tolled during any period beginning 6 months after the date of enact- ‘‘(A) PROVIDER LISTS.—If a facility or prac- during which a claim is subject to an appeal ment of this Act. titioner fails to provide a patient a list as re- under section 2719, provided that, in the case quired under subsection (a)(1), such facility of such an appeal by the provider, the pa- SA 2556. Mr. ENZI submitted an or practitioner shall report such failure to tient is informed of such appeal.’’. amendment intended to be proposed by the Secretary. (2) RULEMAKING.—Not later than 1 year him to the bill S. 178, to condemn gross ‘‘(B) BILLING.—If a facility or practitioner human rights violations of ethnic bills a patient after the 60-calendar-day pe- after the date of enactment of this Act, the riod described in subsection (a)(2), such facil- Secretary of Health and Human Services Turkic Muslims in Xinjiang, and call- shall promulgate final regulations to imple- ing for an end to arbitrary detention, ity or practitioner shall— ‘‘(i) report such bill to the Secretary; and ment section 2796 of the Public Health Serv- torture, and harassment of these com- ice Act, as added by paragraph (1). Such reg- munities inside and outside China; ‘‘(ii) refund the patient for the full amount paid in response to such bill with interest, at ulations shall include— which was ordered to lie on the table; a rate determined by the Secretary. (A) a definition of the term ‘‘extenuating circumstance’’ for purposes of subsection as follows: ‘‘(2) CIVIL MONETARY PENALTIES.— (d)(3)(B) of such section 2796; and At the appropriate place, insert the fol- ‘‘(A) IN GENERAL.—The Secretary may im- lowing: pose civil monetary penalties of up to $10,000 (B) a definition of the term ‘‘date of service’’ for purposes of subsection (b)(1), with SEC. ll. TIMELY BILLS FOR PATIENTS. on any facility or practitioner as follows: respect to providers submitting global pack- (a) IN GENERAL.— ‘‘(i) In the case of a facility or practitioner ages for services provided on multiple visits. (1) AMENDMENT.—Part C of title XXVII of that fails to provide a list required under the Public Health Service Act (42 U.S.C. subsection (a)(1) 10 or more times, such pen- (b) GROUP HEALTH PLAN AND HEALTH IN- 300gg–91 et seq.), is amended— alties may be imposed, with respect to each SURANCE ISSUER REQUIREMENTS.—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00191 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.057 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4870 CONGRESSIONAL RECORD — SENATE August 4, 2020 (1) PHSA.—Part A of title XXVII of the ‘‘SEC. 9816. TIMELY BILLS FOR PATIENTS. such additional time as may be permitted Public Health Service Act (42 U.S.C. 300gg) is ‘‘(a) IN GENERAL.—A group health plan pursuant to such regulations, except that the amended by adding at the end the following: shall have in place business practices with Secretary of Health and Human Services ‘‘SEC. 2729A. TIMELY BILLS FOR PATIENTS. respect to in-network facilities and practi- may destroy, without the opportunity for ex- ‘‘(a) IN GENERAL.—A group health plan or tioners to ensure that claims are adjudicated port, any drug or device refused admission health insurance issuer offering group or in- between the provider and the plan in order to under this section, if such drug or device is dividual health insurance coverage shall facilitate facility and practitioner compli- valued at an amount that is $2,500 or less (or have in place business practices with respect ance with the requirements under section such higher amount as the Secretary of the to in-network facilities and practitioners to 2796(a) of the Public Health Service Act. Treasury may set by regulation pursuant to ensure that claims are adjudicated between ‘‘(b) CLARIFICATION.—Nothing in subsection section 498(a)(1) of the Tariff Act of 1930 (19 the provider and the plan or issuer in order (a) prohibits a provider and a group health U.S.C. 1498(a)(1))) and was not brought into to facilitate facility and practitioner compli- plan from establishing in a contract the compliance as described under subsection ance with the requirements under section timeline for submission by either party to (b). The Secretary of Health and Human 2796(a). the other party of billing information, adju- Services shall issue regulations providing for ‘‘(b) CLARIFICATION.—Nothing in subsection dication, sending of remittance information, notice and an opportunity to appear before (a) prohibits a provider and a group health or any other coordination required between the Secretary of Health and Human Services plan or health insurance issuer from estab- the provider and the plan necessary for and introduce testimony, as described in the lishing in a contract the timeline for submis- meeting the deadline described in section first sentence of this subsection, on destruc- sion by either party to the other party of 2796(a)(2) of the Public Health Service Act. tion of a drug or device under the seventh billing information, adjudication, sending of ‘‘(c) RULES OF CONSTRUCTION.—Nothing in sentence of this subsection. The regulations remittance information, or any other coordi- this section shall be construed to limit appli- shall provide that prior to destruction, ap- nation required between the provider and the cability of the appeals process under section propriate due process is available to the plan or issuer necessary for meeting the 2719 of the Public Health Service Act to cov- owner or consignee seeking to challenge the deadline described in section 2796(a)(2). erage determinations or claims subject to decision to destroy the drug or device. Where ‘‘(c) RULES OF CONSTRUCTION.—Nothing in the requirements of this section. Any the Secretary of Health and Human Services this section shall be construed to limit appli- timeline established under subsection (b) cability of the appeals process under section provides notice and an opportunity to appear shall be tolled during any period during and introduce testimony on the destruction 2719 to coverage determinations or claims which a claim is subject to an appeal under subject to the requirements of this section. of a drug or device, the Secretary of Health section 2719 of the Public Health Service Act, Any timeline established under subsection and Human Services shall store and, as ap- provided that, in the case of such an appeal (b) shall be tolled during any period during plicable, dispose of the drug or device after by the provider, the patient is informed of which a claim is subject to an appeal under the issuance of the notice, except that the such appeal. A group health plan that knows section 2719, provided that, in the case of owner and consignee shall remain liable for such an appeal by the provider, the patient is or should have known that denials of a claim costs pursuant to subsection (c).’’. informed of such appeal. A group health plan would lead to noncompliance by providers (b) DEFINITION.—Section 201(h) of the Fed- or health insurance issuer that knows or with section 2796 of the Public Health Serv- eral Food, Drug, and Cosmetic Act (21 U.S.C. should have known that denials of a claim ice Act may be found to be in violation of 321(h)) is amended— would lead to noncompliance by providers this chapter.’’. (1) by redesignating subparagraphs (1), (2), with section 2799B–10 may be found to be in (4) CLERICAL AMENDMENTS.— and (3) as clauses (A), (B), and (C), respec- violation of this part.’’. (A) ERISA.—The table of contents in sec- tively; and (2) ERISA.—Subpart B of part 7 of subtitle tion 1 of the Employee Retirement Income (2) after making such redesignations— B of title I of the Employee Retirement In- Security Act of 1974 (29 U.S.C. 1001 et seq.), (A) by striking ‘‘(h) The term’’ and insert- come Security Act of 1974 (29 U.S.C. 1185 et as amended by the previous sections, is fur- ing ‘‘(h)(1) The term’’; and seq.) is amended by adding at the end the fol- ther amended by inserting after the item re- (B) by adding at the end the following: lowing: lating to section 715 the following new item: ‘‘(2) The term ‘counterfeit device’ means a ‘‘SEC. 716. TIMELY BILLS FOR PATIENTS. ‘‘716. Timely bills for patients.’’. device which, or the container, packaging, or ‘‘(a) IN GENERAL.—A group health plan (or (B) IRC.—The table of sections for sub- labeling of which, without authorization, health insurance coverage offered in connec- chapter B of chapter 100 of the Internal Rev- bears a trademark, trade name, or other tion with such a plan) shall have in place enue Code of 1986 is amended by adding at identifying mark, imprint, or symbol, or any business practices with respect to in-net- the end the following new item: likeness thereof, or is manufactured using a work facilities and practitioners to ensure ‘‘9816. Timely bills for patients.’’. design, of a device manufacturer, packer, or that claims are adjudicated between the pro- (c) EFFECTIVE DATE.—The amendments distributor other than the person or persons vider and the plan or issuer in order to facili- made by subsections (a) and (b) shall apply who in fact manufactured, packed, or distrib- tate facility and practitioner compliance beginning 6 months after the date of enact- uted such device and which thereby falsely with the requirements under section 2796(a) ment of this Act. purports or is represented to be the product of the Public Health Service Act. of, or to have been packed or distributed by, ‘‘(b) CLARIFICATION.—Nothing in subsection SA 2557. Mr. ENZI submitted an such other device manufacturer, packer, or (a) prohibits a provider and a group health amendment intended to be proposed to distributor. plan (or health insurance coverage offered in amendment SA 2499 proposed by Mr. ‘‘(3) For purposes of subparagraph (2)— connection with such a plan) from estab- ‘‘(A) the term ‘manufactured’ refers to any lishing in a contract the timeline for submis- MCCONNELL to the bill S. 178, to condemn gross human rights violations of of the following activities: manufacture, sion by either party to the other party of preparation, propagation, compounding, as- billing information, adjudication, sending of ethnic Turkic Muslims in Xinjiang, and sembly, or processing; and remittance information, or any other coordi- calling for an end to arbitrary deten- ‘‘(B) the term ‘manufacturer’ means a per- nation required between the provider and the tion, torture, and harassment of these son who is engaged in any of the activities plan or issuer necessary for meeting the communities inside and outside China; listed in clause (A).’’. deadline described in section 2796(a)(2) of the which was ordered to lie on the table; Public Health Service Act. as follows: SA 2558. Mr. ENZI submitted an ‘‘(c) RULES OF CONSTRUCTION.—Nothing in amendment intended to be proposed by this section shall be construed to limit appli- At the appropriate place, insert the fol- cability of the appeals process under section lowing: him to the bill S. 178, to condemn gross 2719 of the Public Health Service Act to cov- SEC. ll. AUTHORITY TO DESTROY COUNTER- human rights violations of ethnic erage determinations or claims subject to FEIT DEVICES. Turkic Muslims in Xinjiang, and call- the requirements of this section. Any (a) IN GENERAL.—Section 801(a) of the Fed- ing for an end to arbitrary detention, timeline established under subsection (b) eral Food, Drug, and Cosmetic Act (21 U.S.C. torture, and harassment of these com- shall be tolled during any period during 381(a)) is amended— munities inside and outside China; (1) in the fourth sentence, by inserting ‘‘or which a claim is subject to an appeal under which was ordered to lie on the table; section 2719 of the Public Health Service Act, counterfeit device’’ after ‘‘counterfeit drug’’; provided that, in the case of such an appeal and as follows: by the provider, the patient is informed of (2) by striking ‘‘The Secretary of the At the appropriate place, insert the fol- such appeal. A group health plan or health Treasury shall cause the destruction of’’ and lowing: insurance issuer that knows or should have all that follows through ‘‘liable for costs pur- SEC. ll. AUTHORITY TO DESTROY COUNTER- known that denials of a claim would lead to suant to subsection (c).’’ and inserting the FEIT DEVICES. noncompliance by providers with section 2796 following: ‘‘The Secretary of the Treasury (a) IN GENERAL.—Section 801(a) of the Fed- of the Public Health Service Act may be shall cause the destruction of any such arti- eral Food, Drug, and Cosmetic Act (21 U.S.C. found to be in violation of this subpart.’’. cle refused admission unless such article is 381(a)) is amended— (3) IRC.—Subchapter B of chapter 100 of exported, under regulations prescribed by (1) in the fourth sentence, by inserting ‘‘or the Internal Revenue Code of 1986 is amended the Secretary of the Treasury, within 90 days counterfeit device’’ after ‘‘counterfeit drug’’; by adding at the end the following: of the date of notice of such refusal or within and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00192 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.057 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4871 (2) by striking ‘‘The Secretary of the outside China; which was ordered to lie ‘‘(ii) for all other weeks of unemployment, Treasury shall cause the destruction of’’ and on the table; as follows: the amount determined under paragraph all that follows through ‘‘liable for costs pur- (1)(A) of this subsection. Strike sections 1 and 2 and insert the fol- suant to subsection (c).’’ and inserting the ‘‘(D) AVERAGE WEEKLY WAGES.— lowing: following: ‘‘The Secretary of the Treasury ‘‘(i) IN GENERAL.—Subject to clause (ii), for shall cause the destruction of any such arti- SECTION 1. SHORT TITLE. purposes of this paragraph, the term ‘aver- cle refused admission unless such article is This Act may be cited as the ‘‘Federal Pan- age weekly wages’ means, with respect to an exported, under regulations prescribed by demic Unemployment Compensation Exten- individual, the following: the Secretary of the Treasury, within 90 days sion Act of 2020’’. ‘‘(I) If the State computes the individual of the date of notice of such refusal or within SEC. 2. IMPROVEMENTS TO FEDERAL PANDEMIC weekly unemployment compensation benefit such additional time as may be permitted UNEMPLOYMENT COMPENSATION amount based on an individual’s average pursuant to such regulations, except that the TO BETTER MATCH LOST WAGES. weekly wages in a base period, an amount Secretary of Health and Human Services (a) EXTENSION.—Section 2104(e)(2) of the equal to the individual’s average weekly may destroy, without the opportunity for ex- Relief for Workers Affected by Coronavirus wages used in such computation. port, any drug or device refused admission Act (contained in subtitle A of title II of di- ‘‘(II) If the State computes the individual under this section, if such drug or device is vision A of the CARES Act (Public Law 116– weekly unemployment compensation benefit valued at an amount that is $2,500 or less (or 136)) is amended by striking ‘‘July 31, 2020’’ amount based on high quarter wages or a for- such higher amount as the Secretary of the and inserting ‘‘December 31, 2020’’. mula using wages across some but not all quarters in a base period, an amount equal Treasury may set by regulation pursuant to (b) IMPROVEMENTS TO ACCURACY OF PAY- to 1⁄13 of such high quarter wages or average section 498(a)(1) of the Tariff Act of 1930 (19 MENTS.— wages of the applicable quarters used in the U.S.C. 1498(a)(1))) and was not brought into (1) FEDERAL PANDEMIC UNEMPLOYMENT COM- computation for the individual. compliance as described under subsection PENSATION.— ‘‘(III) If the State uses computations other (b). The Secretary of Health and Human (A) IN GENERAL.—Section 2104(b) of the Re- than the computations under subclause (I) or Services shall issue regulations providing for lief for Workers Affected by Coronavirus Act (II) for the individual weekly unemployment notice and an opportunity to appear before (contained in subtitle A of title II of division compensation benefit amount, or for com- the Secretary of Health and Human Services A of the CARES Act (Public Law 116–136)) is and introduce testimony, as described in the putations of the weekly benefit amount amended— under the pandemic unemployment assist- first sentence of this subsection, on destruc- (i) in paragraph (1)(B), by striking ‘‘of tion of a drug or device under the seventh ance program under section 2102, as de- $600’’ and inserting ‘‘equal to the amount scribed in subsection (d)(1)(A)(i) or (d)(2) of sentence of this subsection. The regulations specified in paragraph (3)’’; and shall provide that prior to destruction, ap- such section 2102, for which subclause (I) or (ii) by adding at the end the following new 1 propriate due process is available to the (II) do not apply, an amount equal to ⁄52 of paragraph: the sum of all base period wages. owner or consignee seeking to challenge the ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM- decision to destroy the drug or device. Where ‘‘(ii) SPECIAL RULE.—If more than one of PLOYMENT COMPENSATION.— the methods of computation under sub- the Secretary of Health and Human Services ‘‘(A) IN GENERAL.—The amount specified in provides notice and an opportunity to appear clauses (I), (II), and (III) of clause (i) are ap- this paragraph is the following amount with plicable to a State, then such term shall and introduce testimony on the destruction respect to an individual: of a drug or device, the Secretary of Health mean the amount determined under the ap- ‘‘(i) For weeks of unemployment beginning plicable subclause of clause (i) that results and Human Services shall store and, as ap- after the date on which an agreement is en- plicable, dispose of the drug or device after in the highest amount of average weekly tered into under this section and ending on wages.’’. the issuance of the notice, except that the or before July 31, 2020, $600. (B) TECHNICAL AMENDMENT REGARDING AP- owner and consignee shall remain liable for ‘‘(ii) For weeks of unemployment begin- PLICATION TO SHORT-TIME COMPENSATION PRO- costs pursuant to subsection (c).’’. ning after the last week under clause (i) and GRAMS AND AGREEMENTS.—Section 2104(i)(2) (b) DEFINITION.—Section 201(h) of the Fed- ending before August 31, 2020, an amount of the Relief for Workers Affected by eral Food, Drug, and Cosmetic Act (21 U.S.C. equal to one of the following, as determined 321(h)) is amended— Coronavirus Act (contained in subtitle A of by the State for all individuals: title II of division A of the CARES Act (Pub- (1) by redesignating subparagraphs (1), (2), ‘‘(I) $500. and (3) as clauses (A), (B), and (C), respec- lic Law 116–136)) is amended— ‘‘(II) $400 (i) in subparagraph (C), by striking ‘‘and’’ tively; and ‘‘(iii) For weeks of unemployment begin- (2) after making such redesignations— at the end; ning after the last week under clause (ii) and (ii) in subparagraph (D), by striking the pe- (A) by striking ‘‘(h) The term’’ and insert- ending on or before September 28, 2020, $400. ing ‘‘(h)(1) The term’’; and riod at the end and inserting ‘‘; and’’; and ‘‘(iv) Subject to subparagraph (B), for (iii) by adding at the end the following: (B) by adding at the end the following: weeks of unemployment beginning after the ‘‘(2) The term ‘counterfeit device’ means a ‘‘(E) short-time compensation under sec- last week under clause (iii) and ending before tion 2108 or 2109.’’. device which, or the container, packaging, or December 31, 2020, an amount (not to exceed (2) CONFORMING AMENDMENTS.— labeling of which, without authorization, $500) equal to one of the following, as deter- (A) PANDEMIC UNEMPLOYMENT ASSIST- bears a trademark, trade name, or other mined by the State for all individuals: ANCE.—Section 2102(d) of the Relief for Work- identifying mark, imprint, or symbol, or any ‘‘(I) An amount equal to— likeness thereof, or is manufactured using a ers Affected by Coronavirus Act (contained ‘‘(aa) 80 percent of the individual’s average in subtitle A of title II of division A of the design, of a device manufacturer, packer, or weekly wages; minus distributor other than the person or persons CARES Act (Public Law 116–136)) is amended ‘‘(bb) the individual’s base amount (deter- by inserting ‘‘with respect to the individual’’ who in fact manufactured, packed, or distrib- mined prior to any reductions or offsets). uted such device and which thereby falsely after ‘‘section 2104’’ in each of paragraphs ‘‘(II) If proposed by the State as an alter- (1)(A)(ii) and (2). purports or is represented to be the product native to subclause (I) and approved by the (B) PANDEMIC EMERGENCY UNEMPLOYMENT of, or to have been packed or distributed by, Secretary, an amount that results in the COMPENSATION.—Section 2107 of the Relief for such other device manufacturer, packer, or sum of the base amount and the amount of distributor. Workers Affected by Coronavirus Act (con- Federal Pandemic Unemployment Com- tained in subtitle A of title II of division A ‘‘(3) For purposes of subparagraph (2)— pensation under this section being on aver- ‘‘(A) the term ‘manufactured’ refers to any of the CARES Act (Public Law 116–136)) is age equal to 80 percent of lost wages. amended— of the following activities: manufacture, ‘‘(B) WAIVER TO PROVIDE FLAT DOLLAR preparation, propagation, compounding, as- (i) in subsection (a)(4)(A)(ii), by inserting AMOUNT.—If a State determines that it is un- ‘‘with respect to the individual’’ after ‘‘sec- sembly, or processing; and able to calculate amounts under either sub- ‘‘(B) the term ‘manufacturer’ means a per- tion 2104’’; and clause (I) or (II) of subparagraph (A)(iv), the (ii) in subsection (b)(2), by inserting ‘‘with son who is engaged in any of the activities State may apply to the Secretary for a waiv- listed in clause (A).’’. respect to the individual’’ after ‘‘section er under which the amount specified under 2104’’. subparagraph (A)(iv) shall be $300 rather (c) CONSISTENT TREATMENT OF EARNINGS SA 2559. Mr. ROMNEY (for himself, than the amount calculated under such sub- AND UNEMPLOYMENT COMPENSATION.—Section Ms. COLLINS, and Ms. MCSALLY) subclause (I) or (II). 2104(h) of the Relief for Workers Affected by mitted an amendment intended to be ‘‘(C) BASE AMOUNT.—For purposes of this Coronavirus Act (contained in subtitle A of proposed to amendment SA 2499 pro- paragraph, the term ‘base amount’ means, title II of division A of the CARES Act (Pub- posed by Mr. MCCONNELL to the bill S. with respect to an individual, an amount lic Law 116–136)) is amended by adding at the 178, to condemn gross human rights equal to— end the following new sentence: ‘‘The pre- ‘‘(i) for weeks of unemployment under the ceding sentence shall not apply to any Fed- violations of ethnic Turkic Muslims in pandemic unemployment assistance program eral Pandemic Unemployment Compensation Xinjiang, and calling for an end to ar- under section 2102, the amount determined paid to an individual with respect to a week bitrary detention, torture, and harass- under subsection (d)(1)(A)(i) or (d)(2) of such of unemployment ending on or after October ment of these communities inside and section 2102, as applicable; or 5, 2020.’’.

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00193 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.057 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4872 CONGRESSIONAL RECORD — SENATE August 4, 2020 (d) REQUIREMENT FOR RETURN TO WORK NO- SA 2561. Mrs. CAPITO submitted an part, the amount established pursuant to TIFICATION AND REPORTING.—Section 2104(b) amendment intended to be proposed to paragraph (3). of the Relief for Workers Affected by amendment SA 2499 proposed by Mr. ‘‘(3) ESTABLISHMENT OF PAYMENT AMOUNT.— Coronavirus Act (contained in subtitle A of ‘‘(A) IN GENERAL.—The Secretary shall es- MCCONNELL to the bill S. 178, to con- title II of division A of the CARES Act (Pub- tablish a payment methodology for a pre- lic Law 116–136)) is amended by adding at the demn gross human rights violations of scription digital therapeutic only in accord- end the following new paragraph: ethnic Turkic Muslims in Xinjiang, and ance with the requirements of this para- ‘‘(3) Beginning 30 days after the date of en- calling for an end to arbitrary deten- graph. actment of this paragraph, any agreement tion, torture, and harassment of these ‘‘(B) DEVELOPMENT OF FEE SCHEDULE.— under this section shall require that the communities inside and outside China; Within 180 days of the approval or clearance State has in place a process to address re- which was ordered to lie on the table; described in section 1861(kkk)(1)(A), the Sec- fusal to return to work or refusal of suitable as follows: retary shall develop a proposed fee schedule work that includes the following: for each prescription digital therapeutic so At the appropriate place, insert the fol- ‘‘(A) Providing a plain-language notice to approved or cleared. In developing such fee lowing: individuals at the time of applying for bene- schedule, the Secretary may use the gap fill- fits regarding State law provisions relating SEC. ll. COVERAGE OF PRESCRIPTION DIGITAL ing process described on 84 Federal Register to each of the following: THERAPEUTICS UNDER THE MEDI- 60729 through 60742 and published on Novem- CARE PROGRAM. ‘‘(i) Return to work requirements. ber 8, 2019. (a) COVERAGE AS MEDICAL AND OTHER ‘‘(ii) Rights to refuse to return to work or ‘‘(C) NOTICE AND COMMENT REQUIRED.—Upon HEALTH SERVICE.—Section 1861(s)(2) of the to refuse suitable work. the development of the proposed fee schedule Social Security Act (42 U.S.C. 1395x(s)(2)) is ‘‘(iii) How to contest the denial of a claim described in subparagraph (B), the Secretary amended— that has been denied due to a claim by an shall publish in the Federal Register such (1) in subparagraph (GG), by striking employer that the individual refused to re- proposed fee schedule. Section 1871 shall ‘‘and’’ at the end; turn to work or refused suitable work. apply to any proposed fee scheduled pub- (2) in subparagraph (HH), by striking the ‘‘(B) Providing a plain-language notice to lished pursuant to this subparagraph. period at the end and inserting ‘‘; and’’; and employers through any system used by em- ‘‘(4) RULE OF CONSTRUCTION.—For purposes (3) by adding at the end the following new ployers or any regular correspondence sent of paragraph (1), a service is ‘related’ to the subparagraph: to employers regarding how to notify the use of a prescription digital therapeutic if ‘‘(II) prescription digital therapeutics as State if an individual refuses to return to the service— defined in subsection (kkk);’’. work. ‘‘(A) is an integral part of the use of the (b) PRESCRIPTION DIGITAL THERAPEUTICS ‘‘(C) Other items determined appropriate prescription digital therapeutic; DEFINED.—Section 1861 of the Social Secu- by the Secretary of Labor.’’. rity Act (42 U.S.C. 1395x) is amended by add- ‘‘(B) is necessary to achieve the full in- (e) EFFECTIVE DATE.—The amendments ing at the end thereof the following new sub- tended result of the prescription digital made by this section (other than the amend- section: therapeutic; and ment made by subsection (d)) shall take ef- ‘‘(kkk) PRESCRIPTION DIGITAL THERA- ‘‘(C) must, pursuant to the approval or fect as if included in the enactment of the PEUTICS DEFINED.— clearance described in section Relief for Workers Affected by Coronavirus ‘‘(1) IN GENERAL.—The term ‘prescription 1861(kkk)(1)(A), be adjunctive to the use of Act (contained in subtitle A of title II of di- digital therapeutic’ means a product, device, the prescription digital therapeutic.’’. vision A of the CARES Act (Public Law 116– internet application, or other technology (d) RULE OF CONSTRUCTION; EFFECTIVE 136)). that— DATE.— SEC. 3. EMERGENCY DESIGNATION. ‘‘(A) is approved or cleared by the Food (1) RULE OF CONSTRUCTION.—No provision of this section, or the enactment of this sec- (a) IN GENERAL.—The amounts provided by and Drug Administration under a relevant this Act and the amendments made by this authority (within the meaning of paragraph tion, shall be construed to imply that, in the Act are designated as an emergency require- (2)); case of an item or service that meets the def- ment pursuant to section 4(g) of the Statu- ‘‘(B) has an approved indication for the inition of a prescription digital therapeutic tory Pay-As-You-Go Act of 2010 (2 U.S.C. prevention, management, or treatment of a under this section for which coverage or pay- 933(g)). mental health or substance use disorder, in- ment under the Medicare program is already available prior to the date of the enactment (b) DESIGNATION IN SENATE.—In the Senate, cluding opioid use disorder; this Act and the amendments made by this ‘‘(C) uses behavioral treatment or modi- of this Act may not be covered or reimbursed Act are designated as an emergency require- fication to achieve its intended result; and under such program. ment pursuant to section 4112(a) of H. Con. ‘‘(D) can only be dispensed pursuant to a (2) EFFECTIVE DATE.—The amendments Res. 71 (115th Congress), the concurrent reso- prescription. made by this section shall apply to a prescription digital therapeutic dispensed after lution on the budget for fiscal year 2018. ‘‘(2) RELEVANT AUTHORITY DEFINED.—For purposes of paragraph (1), the term ‘relevant December 31, 2020. SA 2560. Mr. COTTON submitted an authority’ means the following sections of SEC. ll. COVERAGE OF PRESCRIPTION DIGITAL the Federal Food, Drug, and Cosmetic Act: THERAPEUTICS UNDER THE MED- amendment intended to be proposed to ICAID PROGRAM. ‘‘(A) Section 510(k) of such Act (21 U.S.C. amendment SA 2499 proposed by Mr. Section 1905(a) of the Social Security Act 360(k)). MCCONNELL to the bill S. 178, to con- (42 U.S.C. 1396d(a)) is amended— ‘‘(B) Section 515 of such Act (21 U.S.C. (1) in paragraph (29), by striking ‘‘; and’’ demn gross human rights violations of 360e).’’. and inserting a semicolon; ethnic Turkic Muslims in Xinjiang, and (c) PAYMENT FOR PRESCRIPTION DIGITAL (2) by redesignating paragraph (30) as para- calling for an end to arbitrary deten- THERAPEUTICS.—Section 1834 of the Social graph (31); and tion, torture, and harassment of these Security Act (42 U.S.C. 1395m) is amended by (3) by inserting the following paragraph adding at the end the following new sub- communities inside and outside China; after paragraph (29): section: which was ordered to lie on the table; ‘‘(30) prescription digital therapeutics (as ‘‘(x) PAYMENT FOR PRESCRIPTION DIGITAL as follows: defined in section 1861(kkk)); and’’. THERAPEUTICS.— At the end of the amendment, add the fol- ‘‘(1) SEPARATE PAYMENT.—The Secretary Mrs. CAPITO submitted an lowing: shall make a payment (separate from any SA 2562. SEC. 3. FUNDING LIMITATIONS. payment that may otherwise be made under amendment intended to be proposed to (a) PROHIBITION.—None of the funds appro- this title for a related service) in the amount amendment SA 2499 proposed by Mr. priated under this Act or under the CARES established pursuant to paragraph (3) for a MCCONNELL to the bill S. 178, to con- Act (Public Law 116–136), as amended by this prescription digital therapeutic (as defined demn gross human rights violations of Act, may be provided to an entity that is in section 1861(kkk)) that is furnished on or ethnic Turkic Muslims in Xinjiang, and under the foreign ownership, control, or in- after January 1, 2021. calling for an end to arbitrary deten- fluence of— ‘‘(2) PAYMENT RECIPIENT.—Payment under tion, torture, and harassment of these (1) the Government of the People’s Repub- this subsection shall be made to any provider communities inside and outside China; lic of China; of services or supplier enrolled under this (2) the Chinese Communist Party; or title that— which was ordered to lie on the table; (3) an entity domiciled in the People’s Re- ‘‘(A) prescribes a prescription digital as follows: public of China. therapeutic (as defined in such subsection); At the appropriate place, insert the fol- (b) CLAWBACK.—The Secretary of the ‘‘(B) uses such prescription digital thera- lowing: Treasury, in consultation with the Secretary peutic as an integral part of a treatment for SEC. ll. ACCESS TO NON-OPIOID TREATMENTS of State, shall recover all of the amounts ap- a related service; and FOR PAIN. propriated under this Act or under the ‘‘(C) agrees to accept, as payment in full, (a) IN GENERAL.—Section 1833(t) of the So- CARES Act that were provided to entities after the application of any deductible or co- cial Security Act (42 U.S.C. 1395l(t)) is described in subsection (a). insurance that may be applied under this amended—

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00194 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.057 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4873 (1) in paragraph (2)(E), by inserting ‘‘and holders as determined appropriate by the (v) The implications of expanded Medicare separate payments for non-opioid treatments Secretary. coverage of telehealth services for bene- under paragraph (16)(G),’’ after ‘‘payments (3) EXCLUSIVE TREATMENT.—Any drug, bio- ficiary access to care and the quality of care under paragraph (6)’’; and logical product, or medical device that is a provided via telehealth. (2) in paragraph (16), by adding at the end non-opioid treatment (as defined in section (vi) Other areas determined appropriate by the following new subparagraph: 1833(t)(16)(G)(iii) of the Social Security Act, the Commission. ‘‘(G) ACCESS TO NON-OPIOID TREATMENTS FOR as added by subsection (a)) shall not be con- (2) REPORT.—Not later than June 15, 2021, PAIN.— sidered a therapeutic service for the purpose the Commission shall submit to Congress a ‘‘(i) IN GENERAL.—Notwithstanding any of the report described in paragraph (1). report containing the results of the evalua- other provision of this subsection, with re- tion conducted under paragraph (1), together spect to a covered OPD service (or group of SA 2563. Mr. YOUNG submitted an with recommendations for such legislation services) furnished on or after January 1, amendment intended to be proposed to and administrative action as the Commis- 2020, and before January 1, 2025, the Sec- amendment SA 2499 proposed by Mr. sion determines appropriate. (c) HHS PROVISION OF INFORMATION AND retary shall not package, and shall make a MCCONNELL to the bill S. 178, to con- separate payment as specified in clause (ii) STUDY AND REPORT.— demn gross human rights violations of (1) PRE–COVID–19 PUBLIC HEALTH EMERGENCY for, a non-opioid treatment (as defined in ethnic Turkic Muslims in Xinjiang, and clause (iii)) furnished as part of such service TELEHEALTH AUTHORITY.—Not later than 3 (or group of services). calling for an end to arbitrary deten- months after the date of enactment of this ‘‘(ii) AMOUNT OF PAYMENT.—The amount of tion, torture, and harassment of these Act, the Secretary of Health and Human the payment specified in this clause is, with communities inside and outside China; Services (in this subsection referred to as the respect to a non-opioid treatment that is— which was ordered to lie on the table; ‘‘Secretary’’) shall make available on the ‘‘(I) a drug or biological product, the as follows: internet website of the Centers for Medicare & Medicaid Services information describing amount of payment for such drug or biologi- At the end, add the following: cal determined under section 1847A; or the requirements applicable to telehealth SEC. 3. AUTHORITY TO EXTEND MEDICARE TELE- ‘‘(II) a medical device, the amount of the services and other virtual services under the HEALTH WAIVERS. original Medicare fee-for-service program hospital’s charges for the device, adjusted to (a) AUTHORITY.—Section 1834(m) of the So- cost. under parts A and B of title XVIII of the So- cial Security Act (42 U.S.C. 1395m(m)) is cial Security Act (42 U.S.C. 1395 et seq.) and ‘‘(iii) DEFINITION OF NON-OPIOID TREAT- amended by adding at the end the following the Medicare Advantage program under part MENT.—A ‘non-opioid treatment’ means— new paragraph: C of such title prior to the waiver or modi- ‘‘(I) a drug or biological product that is in- ‘‘(9) AUTHORITY TO EXTEND TELEHEALTH fication of such requirements during the dicated to produce analgesia without acting WAIVERS AND POLICIES.— emergency period described in section upon the body’s opioid receptors; or ‘‘(A) AUTHORITY.—Notwithstanding the 1135(g)(1)(B) of the Social Security Act (42 ‘‘(II) an implantable, reusable, or dispos- preceding provisions of this subsection and U.S.C. 1320b–5(g)(1)(B)), as established by able medical device cleared or approved by section 1135, subject to subparagraph (B), if statute, regulation, and sub-regulatory guid- the Administrator for Food and Drugs for the emergency period under section ance under such title. the intended use of managing or treating 1135(g)(1)(B) expires prior to December 31, (2) STUDY AND REPORT.— pain; 2021, the authority provided the Secretary (A) STUDY.—The Secretary shall conduct a that has demonstrated the ability to replace under section 1135(b)(8) to waive or modify study on the impact of telehealth and other or reduce opioid consumption in a clinical requirements with respect to a telehealth virtual services furnished under the Medi- trial or through clinical data published in a service, and modifications of policies with care program under title XVIII of the Social peer-reviewed journal.’’. respect to telehealth services made by in- Security Act (42 U.S.C. 1395 et seq.) during (b) AMBULATORY SURGICAL CENTER PAY- terim final rule applicable to such period, the emergency period described in section MENT SYSTEM.—Section 1833(i)(2)(D) of the shall be extended through December 31, 2021. 1135(g)(1)(B) of such Act (42 U.S.C. 1320b– Social Security Act (42 U.S.C. 1395l(i)(2)(D)) ‘‘(B) NO REQUIREMENT TO EXTEND.— Noth- 5(g)(1)(B)). In conducting such study, the is amended— ing in subparagraph (A) shall require the Secretary shall— (1) by aligning the margins of clause (v) Secretary to extend any specific waiver or (i) assess the impact of such services on ac- with the margins of clause (iv); modification or modifications of policies cess to care, health outcomes, and spending (2) by redesignating clause (vi) as clause that the Secretary does not find appropriate by type of physician, practitioner, or other (vii); and for extension. entity, and by patient demographics and (3) by inserting after clause (v) the fol- ‘‘(C) IMPLEMENTATION.—Notwithstanding other characteristics that include— lowing new clause: any provision of law, the provisions of this (I) age, gender, race, and type of eligibility ‘‘(vi) In the case of surgical services fur- paragraph may be implemented by interim for the Medicare program; nished on or after January 1, 2020, and before final rule, program instructions or other- (II) dual eligibility for both the Medicare January 1, 2025, the payment system de- wise.’’. program and the Medicaid program under scribed in clause (i) shall provide for a sepa- (b) MEDPAC EVALUATION AND REPORT.— title XIX of such Act (42 U.S.C. 1396 et seq.); rate payment for a non-opioid treatment (as (1) STUDY.— (III) residing in an area of low-population defined in clause (iii) of subsection (t)(16)(G)) (A) IN GENERAL.—The Medicare Payment density or a health professional shortage furnished as part of such services in the Advisory Commission (in this subsection re- area (as defined in section 332(a)(1)(A) of the amount specified in clause (ii) of such sub- ferred to as the ‘‘Commission’’) shall conduct Public Health Service Act (42 U.S.C. section.’’. an evaluation of— 254e(a)(1)(A))) ; (c) EVALUATION OF THERAPEUTIC SERVICES (i) the expansions of telehealth services (IV) diagnoses, such as a diagnosis of FOR PAIN MANAGEMENT.— under part B of title XVII of the Social Secu- COVID–19, a chronic condition, or a mental (1) REPORT TO CONGRESS.—Not later than 1 rity Act related to the COVID-19 public health disorder or substance use disorder; year after the date of the enactment of this health emergency described in section (V) telecommunication modality used, in- Act, the Secretary of Health and Human 1135(g)(1)(B) of such Act (42 U.S.C. 1320b– cluding extent to which the services are fur- Services (in this subsection referred to as the 5(g)(1)(B)); and nished using audio-only technology; ‘‘Secretary’’), acting through the Adminis- (ii) the appropriate treatment of such ex- (VI) residing in a State other than the trator of the Centers for Medicare & Med- pansions after the expiration of such public State in which the furnishing physician, icaid Services, shall submit to Congress a re- health emergency. practitioner, or other entity is located; and port identifying— (B) ANALYSIS.—The evaluation under sub- (VII) other characteristics and information (A) limitations, gaps, barriers to access, or paragraph (A) shall include an analysis of determined appropriate by the Secretary; deficits in Medicare coverage or reimburse- each the following: and ment for restorative therapies, behavioral (i) Which, if any, of such expansions should (ii) to the extent feasible, assess such im- approaches, and complementary and integra- be continued after the expiration of the such pact based on— tive health services that are identified in the public health emergency, (I) the type of technology used to furnish Pain Management Best Practices Inter- (ii) Whether any such continued expan- the service; Agency Task Force Report and that have sions should be limited to, or differentially (II) the extent to which patient privacy is demonstrated the ability to replace or re- applied to, clinicians participating in certain protected; duce opioid consumption; and value-based payment models. (III) the extent to which documented or (B) recommendations to address the limi- (iii) How Medicare should pay for tele- suspected fraud or abuse occurred; and tations, gaps, barriers to access, or deficits health services after the expiration of such (IV) patient satisfaction. identified under subparagraph (A) to improve public health emergency, and the implica- (B) USE OF INFORMATION.—The Secretary Medicare coverage and reimbursement for tions of payment approaches on aggregate may use reliable non-governmental sources such therapies, approaches, and services. Medicare program spending, of information in assessing the impact of (2) PUBLIC CONSULTATION.—In developing (iv) Medicare program integrity and bene- characteristics described in subparagraph the report described in paragraph (1), the ficiary safeguards that may be warranted (A) under the study. Secretary shall consult with relevant stake- with the coverage of telehealth services. (C) REPORT.—

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(i) INTERIM PROVISION OF INFORMATION.— (2) For months, frontline health care work- facilities are able to act fully to defeat the The Secretary shall, as determined appro- ers and health care facilities have fought the virus. priate, periodically during such emergency virus with courage and resolve. They did so (11) Congress must also safeguard its in- period, post on the internet website of the at first with very little information about vestment of taxpayer dollars under the Centers for Medicare & Medicaid services how to treat the virus and developed strate- CARES Act and other coronavirus legisla- data on utilization of telehealth and other gies to save lives of the people of the United tion. Congress must ensure that those funds virtual services under the Medicare program States in real time. They risked their per- are used to help businesses and workers sur- and the impact of characteristics described sonal health and wellbeing to protect and vive and recover from the economic crisis, in subparagraph (A) on such utilization. treat their patients. and to help health care workers and health (ii) REPORT.—Not later than 15 months (3) Businesses in the United States kicked care facilities defeat the virus. CARES Act after date of enactment of this Act, the Sec- into action to produce and procure personal funds cannot be diverted from these impor- retary shall submit to Congress a report on protective equipment, such as masks, gloves, tant purposes to line the pockets of the trial the study conducted under subparagraph (A), face shields, and hand sanitizer, and other bar. together with recommendations for such leg- necessary medical supplies, such as ventila- (12) One of the chief impediments to the islation and administrative action as the tors, at unprecedented rates. continued flow of interstate commerce as Secretary determines appropriate. (4) To halt the spread of the disease, State this public-health crisis has unfolded is the and local governments took drastic meas- risk of litigation. Small and large busi- SA 2564. Mr. MORAN submitted an ures. They shut down small and large businesses, schools, colleges and universities, re- nesses, schools, colleges and universities, re- amendment intended to be proposed to ligious, philanthropic and other nonprofit in- ligious, philanthropic and other nonprofit in- amendment SA 2499 proposed by Mr. stitutions, and local government agencies stitutions, and local government agencies. MCCONNELL to the bill S. 178, to con- confront the risk of a tidal wave of lawsuits They ordered people to remain in their accusing them of exposing employees, cus- demn gross human rights violations of homes. tomers, students, and worshipers to ethnic Turkic Muslims in Xinjiang, and (5) This standstill was needed to slow the coronavirus. Health care workers face the calling for an end to arbitrary deten- spread of the virus. But it devastated the tion, torture, and harassment of these economy of the United States. The sum of threat of lawsuits arising from their efforts to fight the virus. communities inside and outside China; hundreds of local-level and State-level decisions to close nearly every space in which (13) They confront this litigation risk even which was ordered to lie on the table; as they work tirelessly to comply with the as follows: people might gather brought interstate commerce nearly to a halt. coronavirus guidance, rules, and regulations At the appropriate place, insert the fol- (6) This halt led to the loss of millions of issued by local governments, State govern- lowing: jobs. These lost jobs were not a natural con- ments, and the Federal Government. They SEC. lll. PAYCHECK PROTECTION PROGRAM. sequence of the economic environment, but confront this risk notwithstanding equip- Section 7(a)(36)(D) of the Small Business rather the result of a drastic, though tem- ment and staffing shortages. And they con- Act (15 U.S.C. 636(a)(36)(D)) is amended by porary, response to the unprecedented na- front this risk while also grappling with con- striking clause (i) and inserting the fol- ture of this global pandemic. stantly changing information on how best to lowing: (7) Congress passed a series of statutes to protect employees, customers, students, and ‘‘(i) IN GENERAL.—During the covered pe- address the health care and economic cri- worshipers from the virus, and how best to riod, in addition to small business concerns, ses—the Coronavirus Preparedness and Re- treat it. any business concern, nonprofit organiza- sponse Supplemental Appropriations Act, (14) These lawsuits pose a substantial risk tion, veterans organization, or Tribal busi- 2020 (Public Law 116–123; 134 Stat. 146), the to interstate commerce because they threat- ness concern described in section 31(b)(2)(C) Families First Coronavirus Response Act en to keep small and large businesses, shall be eligible to receive a covered loan if (Public Law 116–127; 134 Stat. 178), the schools, colleges and universities, religious, the business concern, nonprofit organization, Coronavirus Aid, Relief, and Economic Secu- philanthropic and other nonprofit institu- veterans organization, or Tribal business rity Act or the CARES Act (Public Law 116– tions, and local government agencies from concern— 136), and the Paycheck Protection Program reopening for fear of expensive litigation ‘‘(I) employs not more than the greater and Health Care Enhancement Act (Public that might prove to be meritless. These law- of— Law 116–139; 134 Stat. 620). In these laws Con- suits further threaten to undermine the Na- ‘‘(aa) 500 employees; or gress exercised its power under the Com- tion’s fight against the virus by exposing our ‘‘(bb) if applicable, the size standard in merce and Spending Clauses of the Constitu- health care workers and health care facili- number of employees established by the Ad- tion of the United States to direct trillions ties to liability for difficult medical deci- ministration for the industry in which the of taxpayer dollars toward efforts to aid sions they have made under trying and un- business concern, nonprofit organization, workers, businesses, State and local govern- certain circumstances. veterans organization, or Tribal business ments, health care workers, and patients. (15) These lawsuits also risk diverting tax- concern operates; or (8) This legislation provided short-term in- payer money provided under the CARES Act ‘‘(II) is as described in clauses (i) and (ii) of sulation from the worst of the economic and other coronavirus legislation from its in- section 3(a)(5)(B).’’. storm, but these laws alone cannot protect tended purposes to the pockets of opportun- the United States from further devastation. istic trial lawyers. SA 2565. Mr. CORNYN (for himself Only reopening the economy so that workers (16) This risk is not purely local. It is nec- and Mr. MCCONNELL) submitted an can get back to work and students can get essarily national in scale. A patchwork of amendment intended to be proposed to back to school can accomplish that goal. local and State rules governing liability in amendment SA 2499 proposed by Mr. (9) The Constitution of the United States coronavirus-related lawsuits creates tremen- specifically enumerates the legislative pow- dous unpredictability for everyone partici- MCCONNELL to the bill S. 178, to con- ers of Congress. One of those powers is the pating in interstate commerce and acts as a demn gross human rights violations of regulation of interstate commerce. The Gov- significant drag on national recovery. The ethnic Turkic Muslims in Xinjiang, and ernment is not a substitute for the economy, aggregation of each individual potential li- calling for an end to arbitrary deten- but it has the authority and the duty to act ability risk poses a substantial and unprece- tion, torture, and harassment of these when interstate commerce is threatened and dented threat to interstate commerce. communities inside and outside China; damaged. As applied to the present crisis, (17) The accumulated economic risks for which was ordered to lie on the table; Congress can deploy its power over inter- these potential defendants directly and sub- as follows: state commerce to promote a prudent re- stantially affects interstate commerce. Indi- opening of businesses and other organiza- viduals and entities potentially subject to At the end, add the following: tions that serve as the foundation and back- coronavirus-related liability will structure TITLE II—SAFE TO WORK bone of the national economy and of com- their decisionmaking to avoid that liability. SEC. 201. SHORT TITLE. merce among the States. These include Small and large businesses, schools, colleges This title may be cited as the ‘‘Safe- small and large businesses, schools (which and universities, religious, philanthropic and guarding America’s Frontline Employees To are substantial employers in their own right other nonprofit institutions, and local gov- Offer Work Opportunities Required to and provide necessary services to enable par- ernment agencies may decline to reopen be- Kickstart the Economy Act’’ or the ‘‘SAFE ents and other caregivers to return to work), cause of the risk of litigation. They may TO WORK Act’’. colleges and universities (which are substan- limit their output or engagement with cus- SEC. 202. FINDINGS AND PURPOSES. tial employers and supply the interstate tomers and communities to avoid the risk of (a) FINDINGS.—Congress finds the fol- market for higher-education services), reli- litigation. These individual economic deci- lowing: gious, philanthropic and other nonprofit in- sions substantially affect interstate com- (1) The SARS–CoV–2 virus that originated stitutions (which are substantial employers merce because, as a whole, they will prevent in China and causes the disease COVID–19 and provide necessary services to their com- the free and fair exchange of goods and serv- has caused untold misery and devastation munities), and local government agencies. ices across State lines. Such economic activ- throughout the world, including in the (10) Congress must also ensure that the Na- ity that, individually and in the aggregate, United States. tion’s health care workers and health care substantially affects interstate commerce is

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Interstate com- trial lawyers; and (i) a criminal, civil, or administrative en- merce will not truly rebound from this crisis (9) protect the highest and best ideals of forcement action brought by the Federal until the virus is defeated, and that will not the national economy, so businesses can Government or any State, local, or Tribal happen unless health care workers and facili- produce and serve their customers, workers government; or ties are free to combat vigorously the virus can work, teachers can teach, students can (ii) a claim alleging intentional discrimi- and treat patients with coronavirus and learn, and believers can worship. nation on the basis of race, color, national those otherwise impacted by the response to SEC. 203. DEFINITIONS. origin, religion, sex (including pregnancy), coronavirus. In this title: disability, genetic information, or age. (19) Subjecting health care workers and fa- (1) APPLICABLE GOVERNMENT STANDARDS (5) CORONAVIRUS-RELATED ACTION.—The cilities to onerous litigation even as they AND GUIDANCE.—The term ‘‘applicable gov- term ‘‘coronavirus-related action’’ means a have done their level best to combat a virus ernment standards and guidance’’ means— coronavirus exposure action or a about which very little was known when it (A) any mandatory standards or regula- coronavirus-related medical liability action. arrived in the United States would divert im- tions specifically concerning the prevention (6) CORONAVIRUS-RELATED HEALTH CARE portant health care resources from hospitals or mitigation of the transmission of SERVICES.—The term ‘‘coronavirus-related and providers to courtrooms. coronavirus issued by the Federal Govern- health care services’’ means services pro- (20) Such a diversion would substantially ment, or a State or local government with vided by a health care provider, regardless of affect interstate commerce by degrading the jurisdiction over an individual or entity, the location where the services are provided, national capacity for combating the virus whether provided by executive, judicial, or that relate to— and saving patients, thereby substantially legislative order; and (A) the diagnosis, prevention, or treatment elongating the period before interstate com- (B) with respect to an individual or entity of coronavirus; merce could fully re-engage. that, at the time of the actual, alleged, (B) the assessment or care of an individual (21) Congress also has the authority to de- feared, or potential for exposure to with a confirmed or suspected case of termine the jurisdiction of the courts of the coronavirus is not subject to any mandatory coronavirus; or United States, to set the standards for standards or regulations described in sub- (C) the care of any individual who is admit- causes of action they can hear, and to estab- paragraph (A), any guidance, standards, or ted to, presents to, receives services from, or lish the rules by which those causes of action regulations specifically concerning the pre- resides at, a health care provider for any should proceed. Congress therefore must act vention or mitigation of the transmission of purpose during the period of a Federal emer- to set rules governing liability in coronavirus issued by the Federal Govern- gency declaration concerning coronavirus, if coronavirus-related lawsuits. ment, or a State or local government with such provider’s decisions or activities with (22) These rules necessarily must be tem- jurisdiction over the individual or entity. respect to such individual are impacted as a porary and carefully tailored to the inter- (2) BUSINESSES, SERVICES, ACTIVITIES, OR result of coronavirus. state crisis caused by the coronavirus pan- ACCOMMODATIONS.—The term ‘‘businesses, (7) CORONAVIRUS-RELATED MEDICAL LIABIL- demic. They must extend no further than services, activities, or accommodations’’ ITY ACTION.— necessary to meet this uniquely national cri- means any act by an individual or entity, ir- (A) IN GENERAL.—The term ‘‘coronavirus- sis for which a patchwork of State and local respective of whether the act is carried on related medical liability action’’ means a tort laws are ill-suited. for profit, that is interstate or foreign com- civil action— (23) Because of the national scope of the merce, that involves persons or things in (i) brought by a person who suffered per- economic and health care dangers posed by interstate or foreign commerce, that in- sonal injury, or a representative of a person the risks of coronavirus-related lawsuits, es- volves the channels or instrumentalities of who suffered personal injury; tablishing temporary rules governing liabil- interstate or foreign commerce, that sub- (ii) brought against a health care provider; ity for certain coronavirus-related tort stantially affects interstate or foreign com- and claims is a necessary and proper means of merce, or that is otherwise an act subject to (iii) alleging any harm, damage, breach, or carrying into execution Congress’s power to regulation by Congress as necessary and tort resulting in the personal injury alleged regulate commerce among the several proper to carry into execution Congress’s to have been caused by, be arising out of, or States. powers to regulate interstate or foreign com- be related to a health care provider’s act or (24) Because Congress must safeguard the merce or to spend funds for the general wel- omission in the course of arranging for or investment of taxpayer dollars it made in fare. providing coronavirus-related health care the CARES Act and other coronavirus legis- (3) CORONAVIRUS.—The term ‘‘coronavirus’’ services that occurred— lation, and ensure that they are used for means any disease, health condition, or (I) on or after December 1, 2019; and their intended purposes and not diverted for threat of harm caused by the SARS–CoV–2 (II) before the later of— other purposes, establishing temporary rules virus or a virus mutating therefrom. (aa) October 1, 2024; or governing liability for certain coronavirus- (4) CORONAVIRUS EXPOSURE ACTION.— (bb) the date on which there is no declara- related tort claims is a necessary and proper (A) IN GENERAL.—The term ‘‘coronavirus tion by the Secretary of Health and Human means of carrying into execution Congress’s exposure action’’ means a civil action— Services under section 319F–3(b) of the Pub- power to provide for the general welfare of (i) brought by a person who suffered per- lic Health Service Act (42 U.S.C. 247d–6d(b)) the United States. sonal injury or is at risk of suffering per- (relating to covered countermeasures) that is (b) PURPOSES.—Pursuant to the powers del- sonal injury, or a representative of a person in effect with respect to coronavirus, includ- egated to Congress by article I, section 8, who suffered personal injury or is at risk of ing the Declaration Under the Public Readi- clauses 1, 3, 9, and 18, and article III, section suffering personal injury; ness and Emergency Preparedness Act for 2, clause 1 of the Constitution of the United (ii) brought against an individual or entity Medical Countermeasures Against COVID–19 States, the purposes of this title are to— engaged in businesses, services, activities, or (85 Fed. Reg. 15198 ) issued by the Secretary (1) establish necessary and consistent accommodations; and of Health and Human Services on March 17, standards for litigating certain claims spe- (iii) alleging that an actual, alleged, 2020. cific to the unique coronavirus pandemic; feared, or potential for exposure to (B) EXCLUSIONS.—The term ‘‘coronavirus- (2) prevent the overburdening of the court coronavirus caused the personal injury or related medical liability action’’ does not in- systems with undue litigation; risk of personal injury, that— clude— (3) encourage planning, care, and appro- (I) occurred in the course of the businesses, (i) a criminal, civil, or administrative en- priate risk management by small and large services, activities, or accommodations of forcement action brought by the Federal businesses, schools, colleges and univer- the individual or entity; and Government or any State, local, or Tribal sities, religious, philanthropic and other (II) occurred— government; or nonprofit institutions, local government (aa) on or after December 1, 2019; and (ii) a claim alleging intentional discrimi- agencies, and health care providers; (bb) before the later of— nation on the basis of race, color, national (4) ensure that the Nation’s recovery from (AA) October 1, 2024; or origin, religion, sex (including pregnancy), the coronavirus economic crisis is not bur- (BB) the date on which there is no declara- disability, genetic information, or age. dened or slowed by the substantial risk of tion by the Secretary of Health and Human (8) EMPLOYER.—The term ‘‘employer’’— litigation; Services under section 319F–3(b) of the Pub- (A) means any person serving as an em- (5) prevent litigation brought to extract lic Health Service Act (42 U.S.C. 247d–6d(b)) ployer or acting directly in the interest of an settlements and enrich trial lawyers rather (relating to medical countermeasures) that employer in relation to an employee; than vindicate meritorious claims; is in effect with respect to coronavirus, in- (B) includes a public agency; and (6) protect interstate commerce from the cluding the Declaration Under the Public (C) does not include any labor organization burdens of potentially meritless litigation; Readiness and Emergency Preparedness Act (other than when acting as an employer) or (7) ensure the economic recovery proceeds for Medical Countermeasures Against any person acting in the capacity of officer without artificial and unnecessary delay; COVID–19 (85 Fed. Reg. 15198 ) issued by the or agent of such labor organization.

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(9) GOVERNMENT.—The term ‘‘government’’ (B) borough; (A) IN GENERAL.—This part creates an ex- means an agency, instrumentality, or other (C) municipality; clusive cause of action for coronavirus expo- entity of the Federal Government, a State (D) city; sure actions. government (including multijurisdictional (E) town; (B) LIABILITY.—A plaintiff may prevail in a agencies, instrumentalities, and entities), a (F) township; coronavirus exposure action only in accord- local government, or a Tribal government. (G) parish; ance with the requirements of this subtitle. (10) GROSS NEGLIGENCE.—The term ‘‘gross (H) local public authority, including any (C) APPLICATION.—The provisions of this negligence’’ means a conscious, voluntary public housing agency under the United part shall apply to— act or omission in reckless disregard of— States Housing Act of 1937 (42 U.S.C. 1437 et (i) any cause of action that is a (A) a legal duty; seq.); coronavirus exposure action that was filed (B) the consequences to another party; and (I) special district; before the date of enactment of this Act and (C) applicable government standards and (J) school district; that is pending on such date of enactment; guidance. (K) intrastate district; and (11) HARM.—The term ‘‘harm’’ includes— (L) council of governments, whether or not (ii) any coronavirus exposure action filed (A) physical and nonphysical contact that incorporated as a nonprofit corporation on or after such date of enactment. results in personal injury to an individual; under State law; and (2) PRESERVATION OF LIABILITY LIMITS AND and (M) agency or instrumentality of— DEFENSES.—Except as otherwise explicitly (B) economic and noneconomic losses. (i) multiple units of local government (in- provided in this part, nothing in this part ex- (12) HEALTH CARE PROVIDER.— cluding units of local government located in pands any liability otherwise imposed or (A) IN GENERAL.—The term ‘‘health care different States); or limits any defense otherwise available under provider’’ means any person, including an (ii) an intra-State unit of local govern- Federal, State, or Tribal law. agent, volunteer (subject to subparagraph ment. (3) IMMUNITY.—Nothing in this part abro- (C)), contractor, employee, or other entity, (15) MANDATORY.—The term ‘‘mandatory’’, gates the immunity of any State, or waives who is— with respect to standards or regulations, the immunity of any Tribal government. The (i) required by Federal or State law to be means the standards or regulations are limitations on liability provided under this licensed, registered, or certified to provide themselves enforceable by the issuing gov- part shall control in any action properly health care and is so licensed, registered, or ernment through criminal, civil, or adminis- filed against a State or Tribal government certified (or is exempt from any such re- trative action. pursuant to a duly executed waiver by the quirement); (16) PERSONAL INJURY.—The term ‘‘personal State or Tribe of sovereign immunity and (ii) otherwise authorized by Federal or injury’’— stating claims within the scope of this part. State law to provide care (including services (A) means actual or potential physical in- (b) PREEMPTION AND SUPERSEDURE.— and supports furnished in a home or commu- jury to an individual or death caused by a (1) IN GENERAL.—Except as described in nity-based residential setting under the physical injury; and paragraphs (2) through (6), this part pre- State Medicaid program or a waiver of that (B) includes mental suffering, emotional empts and supersedes any Federal, State, or program); or distress, or similar injuries suffered by an in- Tribal law, including statutes, regulations, (iii) considered under applicable Federal or dividual in connection with a physical in- State law to be a health care provider, rules, or standards that are enacted, promul- jury. gated, or established under common law, re- health care professional, health care institu- (17) STATE.—The term ‘‘State’’— tion, or health care facility. lated to recovery for personal injuries caused (A) means any State of the United States, by actual, alleged, feared, or potential for (B) INCLUSION OF ADMINISTRATORS, SUPER- the District of Columbia, the Commonwealth exposure to coronavirus. VISORS, ETC.—The term ‘‘health care proof Puerto Rico, the Northern Mariana Is- vider’’ includes a health care facility admin- (2) STRICTER LAWS NOT PREEMPTED OR SU- lands, the United States Virgin Islands, PERSEDED.—Nothing in this part shall be istrator, executive, supervisor, board mem- Guam, American Samoa, and any other ter- ber or trustee, or another individual respon- construed to affect the applicability of any ritory or possession of the United States, provision of any Federal, State, or Tribal sible for directing, supervising, or moni- and any political subdivision or instrumen- toring the provision of coronavirus-related law that imposes stricter limits on damages tality thereof; and or liabilities for personal injury caused by, health care services in a comparable role. (B) includes any agency or instrumentality (C) INCLUSION OF VOLUNTEERS.—The term arising out of, or related to an actual, al- of 2 or more of the entities described in sub- leged, feared, or potential for exposure to ‘‘health care provider’’ includes volunteers paragraph (A). that meet the following criteria: coronavirus, or otherwise affords greater (18) TRIBAL GOVERNMENT.— (i) The volunteer is a health care profes- protection to defendants in any coronavirus (A) IN GENERAL.—The term ‘‘Tribal govern- exposure action, than are provided in this sional providing coronavirus-related health ment’’ means the recognized governing body care services. part. Any such provision of Federal, State, of any Indian tribe included on the list pub- (ii) The act or omission by the volunteer or Tribal law shall be applied in addition to lished by the Secretary of the Interior pursu- occurs— the requirements of this part and not in lieu ant to section 104(a) of the Federally Recog- (I) in the course of providing health care thereof. nized Indian Tribe List Act of 1994 (25 U.S.C. services; (3) WORKERS’ COMPENSATION LAWS NOT PRE- 5131(a)). (II) in the health care professional’s capac- EMPTED OR SUPERSEDED.—Nothing in this (B) INCLUSION.—The term ‘‘Tribal govern- ity as a volunteer; part shall be construed to affect the applica- ment’’ includes any subdivision (regardless (III) in the course of providing health care bility of any State or Tribal law providing of the laws and regulations of the jurisdic- services that— for a workers’ compensation scheme or pro- tion in which the subdivision is organized or (aa) are within the scope of the license, gram, or to preempt or supersede an exclu- incorporated) of a governing body described registration, or certification of the volun- sive remedy under such scheme or program. in subparagraph (A) that— teer, as defined by the State of licensure, (4) ENFORCEMENT ACTIONS.—Nothing in this (i) is wholly owned by that governing body; registration, or certification; and part shall be construed to impair, limit, or and (bb) do not exceed the scope of license, reg- affect the authority of the Federal Govern- (ii) has been delegated the right to exercise istration, or certification of a substantially ment, or of any State, local, or Tribal gov- 1 or more substantial governmental func- similar health professional in the State in ernment, to bring any criminal, civil, or ad- tions of the governing body. which such act or omission occurs; and ministrative enforcement action against any (19) WILLFUL MISCONDUCT.—The term ‘‘will- (IV) in a good-faith belief that the indi- individual or entity. ful misconduct’’ means an act or omission vidual being treated is in need of health care (5) DISCRIMINATION CLAIMS.—Nothing in that is taken— services. this part shall be construed to affect the ap- (A) intentionally to achieve a wrongful (13) INDIVIDUAL OR ENTITY.—The term ‘‘in- plicability of any provision of any Federal, purpose; dividual or entity’’ means— State, or Tribal law that creates a cause of (B) knowingly without legal or factual jus- (A) any natural person, corporation, com- action for intentional discrimination on the tification; and pany, trade, business, firm, partnership, basis of race, color, national origin, religion, (C) in disregard of a known or obvious risk joint stock company, educational institu- sex (including pregnancy), disability, genetic that is so great as to make it highly prob- tion, labor organization, or similar organiza- information, or age. able that the harm will outweigh the benefit. tion or group of organizations; (6) MAINTENANCE AND CURE.—Nothing in (B) any nonprofit organization, foundation, Subtitle A—Liability Relief this part shall be construed to affect a sea- society, or association organized for reli- PART I—LIABILITY LIMITATIONS FOR IN- man’s right to claim maintenance and cure gious, charitable, educational, or other pur- DIVIDUALS AND ENTITIES ENGAGED IN benefits. poses; or BUSINESSES, SERVICES, ACTIVITIES, OR (c) STATUTE OF LIMITATIONS.—A (C) any State, Tribal, or local government. ACCOMMODATIONS coronavirus exposure action may not be (14) LOCAL GOVERNMENT.—The term ‘‘local SEC. 211. APPLICATION OF PART. commenced in any Federal, State, or Tribal government’’ means any unit of government (a) CAUSE OF ACTION; TRIBAL SOVEREIGN IM- government court later than 1 year after the within a State, including a— MUNITY.— date of the actual, alleged, feared, or poten- (A) county; (1) CAUSE OF ACTION.— tial for exposure to coronavirus.

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LIABILITY; SAFE HARBOR. was not complying with the written or pub- construed to affect the applicability of any (a) REQUIREMENTS FOR LIABILITY FOR EXPO- lished policy at the time of the actual, al- provision of any Federal, State, or Tribal SURE TO CORONAVIRUS.—Notwithstanding any leged, feared, or potential for exposure to law that imposes stricter limits on damages other provision of law, and except as other- coronavirus. or liabilities for personal injury caused by, wise provided in this section, no individual (C) ABSENCE OF A WRITTEN OR PUBLISHED arising out of, or related to an act or omis- or entity engaged in businesses, services, ac- POLICY.—The absence of a written or pub- sion by a health care provider in the course tivities, or accommodations shall be liable in lished policy shall not give rise to a pre- of arranging for or providing coronavirus-re- any coronavirus exposure action unless the sumption that the individual or entity did lated health care services, or otherwise af- plaintiff can prove by clear and convincing not make reasonable efforts in light of all fords greater protection to defendants in any evidence that— the circumstances to comply with the appli- coronavirus-related medical liability action (1) in engaging in the businesses, services, cable government standards and guidance for than are provided in this part. Any such pro- activities, or accommodations, the indi- purposes of subsection (a)(1). vision of Federal, State, or Tribal law shall vidual or entity was not making reasonable (3) TIMING.—For purposes of subsection efforts in light of all the circumstances to (a)(1), a change to a policy or practice by an be applied in addition to the requirements of comply with the applicable government individual or entity before or after the ac- this part and not in lieu thereof. standards and guidance in effect at the time tual, alleged, feared, or potential for expo- (3) ENFORCEMENT ACTIONS.—Nothing in this of the actual, alleged, feared, or potential for sure to coronavirus, shall not be evidence of part shall be construed to impair, limit, or exposure to coronavirus; liability for the actual, alleged, feared, or affect the authority of the Federal Govern- (2) the individual or entity engaged in potential for exposure to coronavirus. ment, or of any State, local, or Tribal gov- gross negligence or willful misconduct that (c) THIRD PARTIES.—No individual or entity ernment to bring any criminal, civil, or ad- caused an actual exposure to coronavirus; shall be held liable in a coronavirus exposure ministrative enforcement action against any and action for the acts or omissions of a third health care provider. (3) the actual exposure to coronavirus party, unless— (4) DISCRIMINATION CLAIMS.—Nothing in caused the personal injury of the plaintiff. (1) the individual or entity had an obliga- this part shall be construed to affect the ap- (b) REASONABLE EFFORTS TO COMPLY.— tion under general common law principles to plicability of any provision of any Federal, (1) CONFLICTING APPLICABLE GOVERNMENT control the acts or omissions of the third State, or Tribal law that creates a cause of STANDARDS AND GUIDANCE.— party; or action for intentional discrimination on the (A) IN GENERAL.—If more than 1 govern- (2) the third party was an agent of the indi- basis of race, color, national origin, religion, ment to whose jurisdiction an individual or vidual or entity. sex (including pregnancy), disability, genetic entity is subject issues applicable govern- (d) MITIGATION.—Changes to the policies, ment standards and guidance, and the appli- practices, or procedures of an individual or information, or age. cable government standards and guidance entity for complying with the applicable (5) PUBLIC READINESS AND EMERGENCY PRE- issued by 1 or more of the governments con- government standards and guidance after the PAREDNESS.—Nothing in this part shall be flicts with the applicable government stand- time of the actual, alleged, feared, or poten- construed to affect the applicability of sec- ards and guidance issued by 1 or more of the tial for exposure to coronavirus, shall not be tion 319F–3 of the Public Health Service Act other governments, the individual or entity considered evidence of liability or culpa- (42 U.S.C. 247d–6d) to any act or omission in- shall be considered to have made reasonable bility. volving a covered countermeasure, as defined efforts in light of all the circumstances to PART II—LIABILITY LIMITATIONS FOR in subsection (i) of such section in arranging comply with the applicable government HEALTH CARE PROVIDERS for or providing coronavirus-related health standards and guidance for purposes of sub- SEC. 221. APPLICATION OF PART. care services. Nothing in this part shall be section (a)(1) unless the plaintiff establishes (a) IN GENERAL.— construed to affect the applicability of sec- by clear and convincing evidence that the in- (1) CAUSE OF ACTION.— tion 319F–4 of the Public Health Service Act dividual or entity was not making reason- (A) IN GENERAL.—This part creates an ex- (42 U.S.C. 247d–6e). able efforts in light of all the circumstances clusive cause of action for coronavirus-re- (6) VACCINE INJURY.—To the extent that to comply with any of the conflicting appli- lated medical liability actions. title XXI of the Public Health Service Act cable government standards and guidance (B) LIABILITY.—A plaintiff may prevail in a (42 U.S.C. 300aa–1 et seq.) establishes a Fed- issued by any government to whose jurisdic- coronavirus-related medical liability action eral rule applicable to a civil action brought tion the individual or entity is subject. only in accordance with the requirements of for a vaccine-related injury or death, this (B) EXCEPTION.—If mandatory standards this subtitle. part does not affect the application of that and regulations constituting applicable gov- (C) APPLICATION.—The provisions of this rule to such an action. ernment standards and guidance issued by part shall apply to— any government with jurisdiction over the (i) any cause of action that is a (c) STATUTE OF LIMITATIONS.—A individual or entity conflict with applicable coronavirus-related medical liability action coronavirus-related medical liability action government standards and guidance that are that was filed before the date of enactment may not be commenced in any Federal, not mandatory and are issued by any other of this Act and that is pending on such date State, or Tribal government court later than government with jurisdiction over the indi- of enactment; and 1 year after the date of the alleged harm, vidual or entity or by the same government (ii) any coronavirus-related medical liabil- damage, breach, or tort, unless tolled for— that issued the mandatory standards and ity action filed on or after such date of en- (1) proof of fraud; regulations, the plaintiff may establish that actment. (2) intentional concealment; or the individual or entity did not make reason- (2) PRESERVATION OF LIABILITY LIMITS AND (3) the presence of a foreign body, which able efforts in light of all the circumstances DEFENSES.—Except as otherwise explicitly has no therapeutic or diagnostic purpose or to comply with the applicable government provided in this part, nothing in this part ex- effect, in the person of the injured person. standards and guidance for purposes of sub- pands any liability otherwise imposed or section (a)(1) by establishing by clear and limits any defense otherwise available under SEC. 222. LIABILITY FOR HEALTH CARE PROFES- convincing evidence that the individual or Federal, State, or Tribal law. SIONALS AND HEALTH CARE FACILI- entity was not making reasonable efforts in (3) IMMUNITY.—Nothing in this part abro- TIES DURING CORONAVIRUS PUBLIC light of all the circumstances to comply with gates the immunity of any State, or waives HEALTH EMERGENCY. the mandatory standards and regulations to the immunity of any Tribal government. The (a) REQUIREMENTS FOR LIABILITY FOR which the individual or entity was subject. limitations on liability provided under this CORONAVIRUS-RELATED HEALTH CARE SERV- (2) WRITTEN OR PUBLISHED POLICY.— part shall control in any action properly ICES.—Notwithstanding any other provision (A) IN GENERAL.—If an individual or entity filed against a State or Tribal government of law, and except as provided in subsection engaged in businesses, services, activities, or pursuant to a duly executed waiver by the accommodations maintained a written or State or Tribe of sovereign immunity and (b), no health care provider shall be liable in published policy on the mitigation of trans- stating claims within the scope of this part. a coronavirus-related medical liability ac- mission of coronavirus at the time of the ac- (b) PREEMPTION AND SUPERSEDURE.— tion unless the plaintiff can prove by clear tual, alleged, feared, or potential for expo- (1) IN GENERAL.—Except as described in and convincing evidence— sure to coronavirus that complied with, or paragraphs (2) through (6), this part pre- (1) gross negligence or willful misconduct was more protective than, the applicable empts and supersedes any Federal, State, or by the health care provider; and government standards and guidance to which Tribal law, including statutes, regulations, (2) that the alleged harm, damage, breach, the individual or entity was subject, the in- rules, or standards that are enacted, promul- or tort resulting in the personal injury was dividual or entity shall be presumed to have gated, or established under common law, re- directly caused by the alleged gross neg- made reasonable efforts in light of all the lated to recovery for personal injuries caused ligence or willful misconduct. circumstances to comply with the applicable by, arising out of, or related to an act or government standards and guidance for pur- omission by a health care provider in the (b) EXCEPTIONS.—For purposes of this sec- poses of subsection (a)(1). course of arranging for or providing tion, acts, omissions, or decisions resulting (B) REBUTTAL.—The plaintiff may rebut coronavirus-related health care services. from a resource or staffing shortage shall the presumption under subparagraph (A) by (2) STRICTER LAWS NOT PREEMPTED OR SU- not be considered willful misconduct or gross establishing that the individual or entity PERSEDED.—Nothing in this part shall be negligence.

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PART III—SUBSTANTIVE AND PROCE- (3) JOINT LIABILITY FOR SPECIFIC INTENT OR (1) the complaint shall plead with particu- DURAL PROVISIONS FOR FRAUD.—Notwithstanding paragraph (1), in larity— CORONAVIRUS-RELATED ACTIONS GEN- any coronavirus-related action the liability (A) each element of the plaintiff’s claim; ERALLY of a defendant is joint and several if the trier and SEC. 231. JURISDICTION. of fact specifically determines that the de- (B) with respect to a coronavirus exposure (a) JURISDICTION.—The district courts of fendant— action, all places and persons visited by the the United States shall have concurrent (A) acted with specific intent to injure the person on whose behalf the complaint was original jurisdiction of any coronavirus-re- plaintiff; or filed and all persons who visited the resi- lated action. (B) knowingly committed fraud. dence of the person on whose behalf the com- (b) REMOVAL.— (4) RIGHT TO CONTRIBUTION NOT AFFECTED.— plaint was filed during the 14-day-period be- (1) IN GENERAL.—A coronavirus-related ac- Nothing in this subsection affects the right, fore the onset of the first symptoms alleg- tion of which the district courts of the under any other law, of a defendant to con- edly caused by coronavirus, including— United States have original jurisdiction tribution with respect to another defendant (i) each individual or entity against which under subsection (a) that is brought in a determined under paragraph (3) to have a complaint is filed, along with the factual State or Tribal government court may be re- acted with specific intent to injure the plain- basis for the belief that such individual or moved to a district court of the United tiff or to have knowingly committed fraud. entity was a cause of the personal injury al- States in accordance with section 1446 of (b) LIMITATIONS ON DAMAGES.—In any leged; and title 28, United States Code, except that— coronavirus-related action— (ii) every other person or place visited by (A) notwithstanding subsection (b)(2)(A) of (1) the award of compensatory damages the person on whose behalf the complaint such section, such action may be removed by shall be limited to economic losses incurred was filed and every other person who visited any defendant without the consent of all de- as the result of the personal injury, harm, the residence of the person on whose behalf fendants; and damage, breach, or tort, except that the the complaint was filed during such period, (B) notwithstanding subsection (b)(1) of court may award damages for noneconomic along with the factual basis for the belief such section, for any cause of action that is losses if the trier of fact determines that the that these persons and places were not the a coronavirus-related action that was filed in personal injury, harm, damage, breach, or cause of the personal injury alleged; and a State court before the date of enactment of tort was caused by the willful misconduct of (2) the complaint shall plead with particu- this Act and that is pending in such court on the individual or entity; larity each alleged act or omission consti- such date of enactment, and of which the dis- (2) punitive damages— tuting gross negligence or willful mis- trict courts of the United States have origi- (A) may be awarded only if the trier of fact conduct that resulted in personal injury, nal jurisdiction under subsection (a), any de- determines that the personal injury to the harm, damage, breach, or tort. fendant may file a notice of removal of a plaintiff was caused by the willful mis- civil action or proceeding within 30 days of conduct of the individual or entity; and (b) SEPARATE STATEMENTS CONCERNING THE the date of enactment of this Act. (B) may not exceed the amount of compen- NATURE AND AMOUNT OF DAMAGES AND RE- (2) PROCEDURE AFTER REMOVAL.—Section satory damages awarded; and QUIRED STATE OF MIND.— 1447 of title 28, United States Code, shall (3) the amount of monetary damages (1) NATURE AND AMOUNT OF DAMAGES.—In apply to any removal of a case under para- awarded to a plaintiff shall be reduced by the any coronavirus-related action filed in or re- graph (1), except that, notwithstanding sub- amount of compensation received by the moved to a district court of the United section (d) of such section, a court of appeals plaintiff from another source in connection States in which monetary damages are re- of the United States shall accept an appeal with the personal injury, harm, damage, quested, there shall be filed with the com- from an order of a district court granting or breach, or tort, such as insurance or reim- plaint a statement of specific information as denying a motion to remand the case to the bursement by a government. to the nature and amount of each element of State or Tribal government court from (c) PREEMPTION AND SUPERSEDURE.— damages and the factual basis for the dam- which it was removed if application is made (1) IN GENERAL.—Except as described in ages calculation. to the court of appeals of the United States paragraphs (2) and (3), this section preempts (2) REQUIRED STATE OF MIND.—In any not later than 10 days after the entry of the and supersedes any Federal, State, or Tribal coronavirus-related action filed in or re- order. law, including statutes, regulations, rules, or moved to a district court of the United SEC. 232. LIMITATIONS ON SUITS. standards that are enacted, promulgated, or States in which a claim is asserted on which (a) JOINT AND SEVERAL LIABILITY LIMITA- established under common law, related to the plaintiff may prevail only on proof that TIONS.— joint and several liability, proportionate or the defendant acted with a particular state (1) IN GENERAL.—An individual or entity of mind, there shall be filed with the com- against whom a final judgment is entered in contributory liability, contribution, or the award of damages for any coronavirus-re- plaint, with respect to each element of that any coronavirus-related action shall be lia- claim, a statement of the facts giving rise to ble solely for the portion of the judgment lated action. (2) STRICTER LAWS NOT PREEMPTED OR SU- a strong inference that the defendant acted that corresponds to the relative and propor- with the required state of mind. tionate responsibility of that individual or PERSEDED.—Nothing in this section shall be entity. In determining the percentage of re- construed to affect the applicability of any (c) VERIFICATION AND MEDICAL RECORDS.— sponsibility of any defendant, the trier of provision of any Federal, State, or Tribal (1) VERIFICATION REQUIREMENT.— fact shall determine that percentage as a law that— (A) IN GENERAL.—The complaint in a percentage of the total fault of all individ- (A) limits the liability of a defendant in a coronavirus-related action filed in or re- uals or entities, including the plaintiff, who coronavirus-related action to a lesser degree moved to a district court of the United caused or contributed to the total loss in- of liability than the degree of liability deter- States shall include a verification, made by curred by the plaintiff. mined under this section; affidavit of the plaintiff under oath, stating (2) PROPORTIONATE LIABILITY.— (B) otherwise affords a greater degree of that the pleading is true to the knowledge of (A) DETERMINATION OF RESPONSIBILITY.—In protection from joint or several liability the deponent, except as to matters specifi- any coronavirus-related action, the court than is afforded by this section; or cally identified as being alleged on informa- shall instruct the jury to answer special in- (C) limits the damages that can be recov- tion and belief, and that as to those matters terrogatories, or, if there is no jury, the ered from a defendant in a coronavirus-re- the plaintiff believes it to be true. court shall make findings with respect to lated action to a lesser amount of damages (B) IDENTIFICATION OF MATTERS ALLEGED each defendant, including defendants who than the amount determined under this sec- UPON INFORMATION AND BELIEF.—Any matter have entered into settlements with the tion. that is not specifically identified as being al- plaintiff or plaintiffs, concerning the per- (3) PUBLIC READINESS AND EMERGENCY PRE- leged upon the information and belief of the centage of responsibility, if any, of each de- PAREDNESS.—Nothing in this part shall be plaintiff, shall be regarded for all purposes, fendant, measured as a percentage of the construed to affect the applicability of sec- including a criminal prosecution, as having total fault of all individuals or entities who tion 319F–3 of the Public Health Service Act been made upon the knowledge of the plain- caused or contributed to the loss incurred by (42 U.S.C. 247d–6d) to any act or omission in- tiff. the plaintiff. volving a covered countermeasure, as defined (2) MATERIALS REQUIRED.—In any (B) FACTORS FOR CONSIDERATION.—In deter- in subsection (i) of such section in arranging coronavirus-related action filed in or re- mining the percentage of responsibility for or providing coronavirus-related health moved to a district court of the United under this subsection, the trier of fact shall care services. Nothing in this part shall be States, the plaintiff shall file with the com- consider— construed to affect the applicability of sec- plaint— (i) the nature of the conduct of each indi- tion 319F–4 of the Public Health Service Act (A) an affidavit by a physician or other vidual or entity found to have caused or con- (42 U.S.C. 247d–6e). qualified medical expert who did not treat tributed to the loss incurred by the plaintiff; SEC. 233. PROCEDURES FOR SUIT IN DISTRICT the person on whose behalf the complaint and COURTS OF THE UNITED STATES. was filed that explains the basis for such (ii) the nature and extent of the causal re- (a) PLEADING WITH PARTICULARITY.—In any physician’s or other qualified medical ex- lationship between the conduct of each such coronavirus-related action filed in or re- pert’s belief that such person suffered the individual or entity and the damages in- moved to a district court of the United personal injury, harm, damage, breach, or curred by the plaintiff. States— tort alleged in the complaint; and

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00200 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.056 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE August 4, 2020 CONGRESSIONAL RECORD — SENATE S4879 (B) certified medical records documenting ducted pursuant to section 1407(b) of title 28, PART IV—RELATION TO LABOR AND the alleged personal injury, harm, damage, United States Code, the judge or judges to EMPLOYMENT LAWS breach, or tort. whom coronavirus-related actions are as- SEC. 241. LIMITATION ON VIOLATIONS UNDER (d) APPLICATION WITH FEDERAL RULES OF signed by the Judicial Panel on Multidistrict SPECIFIC LAWS. CIVIL PROCEDURE.—This section applies ex- Litigation may not conduct a trial in a (a) IN GENERAL.— clusively to any coronavirus-related action coronavirus-related action transferred to or (1) DEFINITION.—In this subsection, the filed in or removed to a district court of the directly filed in the proceedings unless all term ‘‘covered Federal employment law’’ United States and, except to the extent that parties to that coronavirus-related action means any of the following: this section requires additional information consent. (A) The Occupational Safety and Health to be contained in or attached to pleadings, (B) REVIEW OF ORDERS.—The court of ap- Act of 1970 (29 U.S.C. 651 et seq.) (including nothing in this section is intended to amend peals of the United States having jurisdic- any standard included in a State plan ap- or otherwise supersede applicable rules of tion over the transferee district court shall Federal civil procedure. proved under section 18 of such Act (29 U.S.C. permit an appeal to be taken from any order 667)). (e) CIVIL DISCOVERY FOR ACTIONS IN DIS- issued in the conduct of coordinated or con- TRICT COURTS OF THE UNITED STATES.— (B) The Fair Labor Standards Act of 1938 solidated pretrial proceedings conducted pur- (1) TIMING.—Notwithstanding any other (29 U.S.C. 201 et seq.). suant to section 1407(b) of title 28, United provision of law, in any coronavirus-related (C) The Age Discrimination in Employ- States Code, if the order is applicable to 1 or action filed in or removed to a district court ment Act of 1967 (29 U.S.C. 621 et seq.). more coronavirus-related actions and an im- of the United States, no discovery shall be (D) The Worker Adjustment and Retrain- mediate appeal from the order may materi- allowed before— ing Notification Act (29 U.S.C. 2101 et seq.). ally advance the ultimate termination of 1 (A) the time has expired for the defendant (E) Title VII of the Civil Rights Act of 1964 or more coronavirus-related actions in the to answer or file a motion to dismiss; and (42 U.S.C. 2000e et seq.). proceedings. (B) if a motion to dismiss is filed, the court (F) Title II of the Genetic Information has ruled on the motion. SEC. 234. DEMAND LETTERS; CAUSE OF ACTION. Nondiscrimination Act of 2008 (42 U.S.C. (2) STANDARD.—Notwithstanding any other (a) CAUSE OF ACTION.—If any person trans- 2000ff et seq.). provision of law, the court in any mits or causes another to transmit in any (G) Title I of the Americans with Disabil- coronavirus-related action that is filed in or form and by any means a demand for remu- ities Act of 1990 (42 U.S.C. 12111 et seq.). removed to a district court of the United neration in exchange for settling, releasing, (2) LIMITATION.—Notwithstanding any pro- States— waiving, or otherwise not pursuing a claim vision of a covered Federal employment law, (A) shall permit discovery only with re- that is, or could be, brought as part of a in any action, proceeding, or investigation spect to matters directly related to material coronavirus-related action, the party receiv- resulting from or related to an actual, al- issues contested in the coronavirus-related ing such a demand shall have a cause of ac- leged, feared, or potential for exposure to action; and tion for the recovery of damages occasioned coronavirus, or a change in working condi- (B) may compel a response to a discovery by such demand and for declaratory judg- tions caused by a law, rule, declaration, or request (including a request for admission, ment in accordance with chapter 151 of title order related to coronavirus, an employer an interrogatory, a request for production of 28, United States Code, if the claim for which shall not be subject to any enforcement pro- documents, or any other form of discovery the letter was transmitted was meritless. ceeding or liability under any provision of a covered Federal employment law if the em- request) under rule 37 of the Federal Rules of (b) DAMAGES.—Damages available under ployer— Civil Procedure, only if the court finds subsection (a) shall include— (A) was relying on and generally following that— (1) compensatory damages including costs applicable government standards and guid- (i) the requesting party needs the informa- incurred in responding to the demand; and ance; tion sought to prove or defend as to a mate- (2) punitive damages, if the court deter- (B) knew of the obligation under the rel- rial issue contested in such action; and mines that the defendant had knowledge or evant provision; and (ii) the likely benefits of a response to such was reckless with regard to the fact that the (C) attempted to satisfy any such obliga- request equal or exceed the burden or cost claim was meritless. for the responding party of providing such tion by— (c) ATTORNEY’S FEES AND COSTS.—In an ac- (i) exploring options to comply with such response. tion commenced under subsection (a), if the (f) INTERLOCUTORY APPEAL AND STAY OF obligations and with the applicable govern- plaintiff is a prevailing party, the court DISCOVERY.—The courts of appeals of the ment standards and guidance (such as shall, in addition to any judgment awarded United States shall have jurisdiction of an through the use of virtual training or remote to a plaintiff, allow a reasonable attorney’s appeal from a motion to dismiss that is de- communication strategies); fee to be paid by the defendant, and costs of nied in any coronavirus-related action in a (ii) implementing interim alternative pro- the action. district court of the United States. The dis- tections or procedures; or trict court shall stay all discovery in such a (d) JURISDICTION.—The district courts of (iii) following guidance issued by the rel- coronavirus-related action until the court of the United States shall have concurrent evant agency with jurisdiction with respect appeals has disposed of the appeal. original jurisdiction of all claims arising to any exemptions from such obligation. (g) CLASS ACTIONS AND MULTIDISTRICT LITI- under subsection (a). (b) PUBLIC ACCOMMODATION LAWS.— GATION PROCEEDINGS.— (e) ENFORCEMENT BY THE ATTORNEY GEN- (1) DEFINITIONS.—In this subsection— (1) CLASS ACTIONS.—In any coronavirus-re- ERAL.— (A) the term ‘‘auxiliary aids and services’’ lated action that is filed in or removed to a (1) IN GENERAL.—Whenever the Attorney has the meaning given the term in section 4 district court of the United States and is General has reasonable cause to believe that of the Americans with Disabilities Act of maintained as a class action or multidistrict any person or group of persons is engaged in 1990 (42 U.S.C. 12103); litigation— a pattern or practice of transmitting de- (B) the term ‘‘covered public accommoda- (A) an individual or entity shall only be a mands for remuneration in exchange for set- tion law’’ means— member of the class if the individual or enti- tling, releasing, waiving, or otherwise not (i) title III of the Americans with Disabil- ty affirmatively elects to be a member; and pursuing a claim that is, or could be, ities Act of 1990 (42 U.S.C. 12181 et seq.); or (B) the court, in addition to any other no- brought as part of a coronavirus-related ac- (ii) title II of the Civil Rights Act of 1964 tice required by applicable Federal or State tion and that is meritless, the Attorney Gen- (42 U.S.C. 2000a et seq.); law, shall direct notice of the action to each eral may commence a civil action in any ap- (C) the term ‘‘place of public accommoda- member of the class, which shall include— propriate district court of the United States. tion’’ means— (i) a concise and clear description of the (2) RELIEF.—In a civil action under para- (i) a place of public accommodation, as de- nature of the action; graph (1), the court may, to vindicate the fined in section 201 of the Civil Rights Act of (ii) the jurisdiction where the case is pend- public interest, assess a civil penalty against 1964 (42 U.S.C. 2000a); or ing; and the respondent in an amount not exceeding (ii) a public accommodation, as defined in (iii) the fee arrangements with class coun- $50,000 per transmitted demand for remu- section 301 of the Americans with Disabil- sel, including— neration in exchange for settling, releasing, ities Act of 1990 (42 U.S.C. 12181); and (I) the hourly fee being charged; or waiving or otherwise not pursuing a claim (D) the term ‘‘public health emergency pe- (II) if it is a contingency fee, the percent- that is meritless. riod’’ means a period designated a public age of the final award which will be paid, in- (3) DISTRIBUTION OF CIVIL PENALTIES.—If health emergency period by a Federal, State, cluding an estimate of the total amount that the Attorney General obtains civil penalties or local government authority. would be paid if the requested damages were in accordance with paragraph (2), the Attor- (2) ACTIONS AND MEASURES DURING A PUBLIC to be granted; and ney General shall distribute the proceeds eq- HEALTH EMERGENCY.— (III) if the cost of the litigation is being fi- uitably among those persons aggrieved by (A) IN GENERAL.—Notwithstanding any nanced, a description of the financing ar- the respondent’s pattern or practice of trans- other provision of law or regulation, during rangement. mitting demands for remuneration in ex- any public health emergency period, no per- (2) MULTIDISTRICT LITIGATIONS.— change for settling, releasing, waiving or son who owns, leases (or leases to), or oper- (A) TRIAL PROHIBITION.—In any coordinated otherwise not pursuing a claim that is ates a place of public accommodation shall or consolidated pretrial proceedings con- meritless. be liable under, or found in violation of, any

VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00201 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.056 S04AUPT1 SSpencer on DSK126QN23PROD with SENATE S4880 CONGRESSIONAL RECORD — SENATE August 4, 2020 covered public accommodation law for any (5) by adding at the end the following: meaning of section 704 of title 5, United action or measure taken regarding ‘‘(9) the term ‘covered period’ means the States Code.’’. coronavirus and that place of public accom- period that— Subtitle C—General Provisions modation, if such person— ‘‘(A) begins on January 1, 2020; and SEC. 281. SEVERABILITY. (i) has determined that the significant risk ‘‘(B) ends 90 days after the last date of the If any provision of this title, an amend- of substantial harm to public health or the COVID–19 national emergency; and ment made by this title, or the application health of employees cannot be reduced or ‘‘(10) the term ‘COVID–19 national emer- of such a provision or amendment to any eliminated by reasonably modifying policies, gency’ means the national emergency de- person or circumstance is held to be uncon- practices, or procedures, or the provision of clared by the President under the National stitutional, the remaining provisions of and an auxiliary aid or service; or Emergencies Act (50 U.S.C. 1601 et seq.) with amendments made by this title, as well as respect to the Coronavirus Disease 2019 (ii) has offered such a reasonable modifica- the application of such provision or amend- (COVID–19).’’. tion or auxiliary aid or service but such offer ment to any person other than the parties to (b) EXCLUSION FROM DEFINITION OF EMPLOY- has been rejected by the individual protected the action holding the provision or amend- MENT LOSS.—Section 2(b) of the Worker Ad- by the covered law. ment to be unconstitutional, or to any cir- (B) REQUIRED WAIVER PROHIBITED.—For pur- justment and Retraining Notification Act (29 U.S.C. 2101(b)) is amended by adding at the cumstances other than those presented in poses of this subsection, no person who owns, such action, shall not be affected thereby. leases (or leases to), or operates a place of end the following: ‘‘(3) Notwithstanding subsection (a)(6), dur- public accommodation shall be required to SA 2566. Mrs. HYDE–SMITH sub- waive any measure, requirement, or rec- ing the covered period an employee may not be considered to have experienced an em- mitted an amendment intended to be ommendation that has been adopted in ac- proposed to amendment SA 2499 pro- cordance with a requirement or rec- ployment loss if the termination, layoff ex- ommendation issued by the Federal Govern- ceeding 6 months, or reduction in hours of posed by Mr. MCCONNELL to the bill S. ment or any State or local government with work of more than 50 percent during each 178, to condemn gross human rights regard to coronavirus, in order to offer such month of any 6-month period involved is a violations of ethnic Turkic Muslims in result of the COVID–19 national emer- a reasonable modification or auxiliary aids Xinjiang, and calling for an end to ar- gency.’’. and services. bitrary detention, torture, and harass- SEC. 242. LIABILITY FOR CONDUCTING TESTING Subtitle B—Products ment of these communities inside and AT WORKPLACE. SEC. 261. APPLICABILITY OF THE TARGETED LI- outside China; which was ordered to lie ABILITY PROTECTIONS FOR PAN- Notwithstanding any other provision of on the table; as follows: Federal, State, or local law, an employer, or DEMIC AND EPIDEMIC PRODUCTS other person who hires or contracts with AND SECURITY COUNTERMEASURES At the end, add the following: WITH RESPECT TO COVID–19. other individuals to provide services, con- SEC. 3. EXTENDING MEDICARE TELEHEALTH (a) IN GENERAL.—Section 319F–3(i)(1) of the FLEXIBILITIES FOR FEDERALLY ducting testing for coronavirus at the work- Public Health Service Act (42 U.S.C. 247d– place shall not be liable for any action or QUALIFIED HEALTH CENTERS AND 6d(i)(1)) is amended— RURAL HEALTH CLINICS. personal injury directly resulting from such (1) in subparagraph (C), by striking ‘‘; or’’ (a) IN GENERAL.—Section 1834(m) of the So- testing, except for those personal injuries and inserting a semicolon; cial Security Act (42 U.S.C. 1395m(m)) is caused by the gross negligence or intentional (2) in subparagraph (D), by striking the pe- amended— misconduct of the employer or other person. riod and inserting ‘‘; or’’; and (1) in paragraph (4)(C)— SEC. 243. JOINT EMPLOYMENT AND INDE- (3) by adding at the end the following: (A) in clause (i), in the matter preceding PENDENT CONTRACTING. ‘‘(E) a drug (as such term is defined in sec- subclause (I), by striking ‘‘and (7)’’ and in- Notwithstanding any other provision of tion 201(g)(1) of the Federal Food, Drug, and serting ‘‘(7), and (8)’’; and Federal or State law, including any covered Cosmetic Act), biological product (including (B) in clause (ii)(X), by inserting ‘‘or para- Federal employment law (as defined in sec- a vaccine) (as such term is defined in section graph (8)(A)(i)’’ before the period; and tion 241(a)), the Labor Management Rela- 351(i)), or device (as such term is defined in tions Act, 1947 (29 U.S.C. 141 et seq.), the Em- (2) in paragraph (8)— section 201(h) of the Federal Food, Drug, and ployment Retirement Income Security Act (A) in the paragraph heading by inserting Cosmetic Act) that— of 1974 (29 U.S.C. 1001 et seq.), and the Family ‘‘AND FOR AN ADDITIONAL PERIOD AFTER’’ after ‘‘(i) is the subject of a notice of use of en- and Medical Leave Act of 1993 (29 U.S.C. 2601 ‘‘DURING ’’; forcement discretion issued by the Secretary et seq.), it shall not constitute evidence of a (B) in subparagraph (A)— if such drug, biological product, or device is joint employment relationship or employ- (i) in the matter preceding clause (i), by in- used— ment relationship for any employer to pro- serting ‘‘and the 5-year period beginning on ‘‘(I) when such notice is in effect; vide or require, for an employee of another the first day after the end of such emergency ‘‘(II) within the scope of such notice; and employer or for an independent contractor, period’’ after ‘‘1135(g)(1)(B)’’; ‘‘(III) in compliance with other applicable any of the following: (ii) in clause (ii), by striking ‘‘and’’ at the requirements of the Federal Food, Drug, and (1) Coronavirus-related policies, proce- end; Cosmetic Act that are not the subject of (iii) by redesignating clause (iii) as clause dures, or training. such notice; (2) Personal protective equipment or train- (iv); and ‘‘(ii) in the case of a device, is exempt from (iv) by inserting after clause (ii) the fol- ing for the use of such equipment. the requirement under section 510(k) of the (3) Cleaning or disinfecting services or the lowing new clause: Federal Food, Drug, and Cosmetic Act; or ‘‘(iii) the geographic requirements de- means for such cleaning or disinfecting. ‘‘(iii) in the case of a drug— (4) Workplace testing for coronavirus. scribed in paragraph (4)(C)(i) shall not apply ‘‘(I) meets the requirements for marketing with respect to such a telehealth service; (5) Temporary assistance due to under a final administrative order under sec- coronavirus, including financial assistance and’’; tion 505G of the Federal Food, Drug, and Cos- (C) in subparagraph (B)(i)— or other health and safety benefits. metic Act; or SEC. 244. EXCLUSION OF CERTAIN NOTIFICATION (i) in the first sentence, by inserting ‘‘and ‘‘(II) is marketed in accordance with sec- the 5-year period beginning on the first day REQUIREMENTS AS A RESULT OF tion 505G(a)(3) of such Act.’’. THE COVID–19 PUBLIC HEALTH after the end of such emergency period’’ be- (b) CLARIFYING MEANS OF DISTRIBUTION.— EMERGENCY. fore the period; and Section 319F–3(a)(5) of the Public Health (a) DEFINITIONS.—Section 2(a) of the Work- (ii) in the third sentence, by striking ‘‘pro- Service Act (42 U.S.C. 247d–6d(a)(5)) is er Adjustment and Retraining Notification gram instruction or otherwise’’ and inserting amended by inserting ‘‘by, or in partnership Act (29 U.S.C. 2101(a)) is amended— with, Federal, State, or local public health ‘‘interim final rule, program instruction, or (1) in paragraph (2), by adding before the officials or the private sector’’ after ‘‘dis- otherwise’’; and semicolon at the end the following: ‘‘and the tribution’’ the first place it appears. (D) by adding at the end the following new shutdown, if occurring during the covered (c) NO CHANGE TO ADMINISTRATIVE PROCE- subparagraph: period, is not a result of the COVID–19 na- DURE ACT APPLICATION TO ENFORCEMENT DIS- ‘‘(C) REQUIREMENT DURING ADDITIONAL PE- tional emergency’’; CRETION EXERCISE.—Section 319F–3 of the RIOD.— (2) in paragraph (3)— Public Health Service Act (42 U.S.C. 247d–6d) ‘‘(i) IN GENERAL.—During the 5-year period (A) in subparagraph (A), by striking ‘‘and’’ is amended by adding at the end the fol- beginning on the first day after the end of at the end; lowing: the emergency period described in section (B) in subparagraph (B), by adding ‘‘and’’ ‘‘(j) RULE OF CONSTRUCTION.—Nothing in 1135(g)(1)(B), payment may only be made at the end; and this section shall be construed— under this paragraph for a telehealth service (C) by adding at the end the following: ‘‘(1) to require use of procedures described described in subparagraph (A)(i) that is fur- ‘‘(C) if occurring during the covered period, in section 553 of title 5, United States Code, nished to an eligible telehealth individual if is not a result of the COVID–19 national for a notice of use of enforcement discretion such service is furnished by a qualified pro- emergency;’’; for which such procedures are not otherwise vider (as defined in clause (ii)). (3) in paragraph (7), by striking ‘‘and’’; required; or ‘‘(ii) DEFINITION OF QUALIFIED PROVIDER.— (4) in paragraph (8), by striking the period ‘‘(2) to affect whether such notice con- For purposes of this subparagraph, the term at the end and inserting a semicolon; and stitutes final agency action within the ‘qualified provider’ means, with respect to a

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telehealth service described in subparagraph COMMITTEE ON THE JUDICIARY (2) not later than 18 months after the date of (A)(i) that is furnished to an eligible tele- SUBCOMMITTEE ON THE CONSTITUTION the enactment of this Act, establish the data health individual, a Federally qualified The Committee on the Judiciary is clearinghouse described in paragraph (1); health center or rural health clinic that fur- (3) develop methods and resources required for nished to such individual, during the 3-year authorized to meet during the session testing and evaluating safe and appropriate period ending on the date the telehealth of the Senate, on August 4, 2020, at 2:30 uses of composite materials for infrastructure, service was furnished, an item or service in p.m., to conduct a hearing entitled including— person for which— ‘‘The Right of the People Peaceably to (A) conditioning protocols, procedures and ‘‘(I) payment was made under this title; or Assemble: Protecting Speech by Stop- models; ‘‘(II) such payment would have been made ping Anarchist Violence.’’ (B) screening and acceptance tools; and if such individual were entitled to, or en- (C) minimum allowable design data sets that rolled for, benefits under this title at the f can be converted into design tools; and time such item or service was furnished.’’. PRIVILEGES OF THE FLOOR (4) work with other Federal agencies, as ap- (b) EFFECTIVE DATE.—The amendments propriate, to identify environmental impacts made by this section (other than the amend- Mr. CASSIDY. Mr. President, I ask and recyclability of composite materials. ment made by subsection (a)(2)(D)) shall unanimous consent that Matthew (b) STANDARDS COORDINATION.—The Sec- take effect as if included in the enactment of Fegley, a fellow in my office, be grant- retary, acting through the Director, shall assure the Coronavirus Aid, Relief, and Economic ed floor privileges for the remainder of that the appropriate Institute staff consult reg- Security Act (Public Law 116–136). the Congress. ularly with standards developers, members of the composites industry, institutions of higher f The PRESIDING OFFICER. Without education, and other stakeholders in order to AUTHORITY FOR COMMITTEES TO objection, it is so ordered. facilitate the adoption of standards for use of MEET Mrs. CAPITO. Mr. President, I ask composite materials in infrastructure that are unanimous consent that Emily based on the research and testing results and Mr. PORTMAN. Mr. President, I have Sammons, an intern in my office, be other information developed by the Institute. six requests for committees to meet granted floor privileges through the re- (c) PILOT PROGRAM.— during today’s session of the Senate. mainder of the week. (1) IN GENERAL.—Subject to the availability of They have the approval of the Majority The PRESIDING OFFICER. Without appropriations, commencing not later than 1 year after the date of the enactment of this Act, and Minority leaders. objection, it is so ordered. Pursuant to rule XXVI paragraph the Director of the National Institute of Stand- f ards and Technology shall, in consultation with 5(a), of the Standing Rules of the Sen- the Industry-University Cooperative Research ate, the following committees are au- REQUIRING THE SECRETARY OF Centers Program of the National Science Foun- thorized to meet during today’s session COMMERCE, ACTING THROUGH dation, conduct a pilot program to assess the of the Senate: THE DIRECTOR OF THE NA- feasibility and advisability of adopting com- COMMITTEE ON ARMED SERVICES TIONAL INSTITUTE OF STAND- posite technology in sustainable infrastructure. The Committee on Armed Services is ARDS AND TECHNOLOGY, TO (2) DURATION.—The Director shall carry out the pilot program during the 4-year period be- authorized to meet during the session HELP FACILITATE THE ADOP- TION OF COMPOSITE TECH- ginning on the date of the commencement of the of the Senate on Tuesday, August 4, pilot program. 2020, at 9:00 a.m., in open session to NOLOGY IN INFRASTRUCTURE IN (3) REPORTS.— consider the nominations of Honorable THE UNITED STATES (A) PRELIMINARY REPORT.—Not later than the John E. Whitley to be Director of Cost Mr. MCCONNELL. Mr. President, I date that is 2 years after the date of the com- Assessment and Program Evaluation, ask unanimous consent that the Sen- mencement of the pilot program, the Director Department of Defense; Honorable ate proceed to the immediate consider- shall submit to the Committee on Commerce, Shon J. Manasco to be Under Secretary Science, and Transportation of the Senate and ation of Calendar No. 240, S. 384. the Committee on Science, Space, and Tech- of the Air Force; Ms. Michele A. Pearce The PRESIDING OFFICER. The nology of the House of Representatives a report to be General Counsel of the Depart- clerk will report the bill by title. on the preliminary findings of the Director with ment of the Army; and Mr. Liam P. The senior assistant legislative clerk respect to the pilot program. Hardy to be a Judge of the United read as follows: (B) FINAL REPORT.—Not later than the date States Court of Appeals for the Armed A bill (S. 384) to require the Secretary of that is 90 days after the date of the completion Forces. Commerce, acting through the Director of of the pilot program, the Director shall submit to The Committee on Armed Services is the National Institute of Standards and the committees referred to in subparagraph (A) authorized to meet during the session Technology, to help facilitate the adoption a report on the findings of the Director with respect to the pilot program. of the Senate on Tuesday, Augusts 4, of composite technology in infrastructure in 2020, at 2:30 p.m., in open session to re- the United States, and for other purposes. Mr. MCCONNELL. I ask unanimous ceive testimony on the findings and There being no objection, the Senate consent that the committee-reported recommendations of the Cyberspace proceeded to consider the bill, which amendment be withdrawn, the Capito Solarium Commission. had been reported from the Committee substitute amendment at the desk be The Committee on Armed Services is on Commerce, Science, and Transpor- agreed to, and the bill, as amended, be authorized to meet during the session tation, with an amendment to strike considered read a third time and of the Senate on Tuesday, August 4, all after the enacting clause and insert passed, and the motion to reconsider be 2020, at a time to be determined, in Ex- in lieu thereof the following: considered made and laid upon the ecutive Session to consider pending SECTION 1. FACILITATING THE ADOPTION OF table. military nominations. COMPOSITE TECHNOLOGY IN INFRA- The PRESIDING OFFICER. Without STRUCTURE. objection, it is so ordered. COMMITTEE ON FOREIGN RELATIONS (a) RESEARCH.—Subject to the availability of The committee-reported amendment The Committee on Foreign Relations appropriations, the Secretary of Commerce, act- in the nature of a substitute was with- is authorized to meet during the ses- ing through the Director of the National Insti- drawn. sion of the Senate on Tuesday, August tute of Standards and Technology, shall imple- The amendment (No. 2567) in the na- 4, 2020, at 10:00 a.m. to hold a full comment the recommendations contained in the De- cember 2017 report entitled ‘‘Road Mapping ture of a substitute was agreed to, as mittee hearing titled ‘‘Venezuela in follows: Maduro’s Grasp: Assessing the Deterio- Workshop Report on Overcoming Barriers to Adoption of Composites in Sustainable Infra- Strike all after the enacting clause and in- rating Security and Humanitarian Sit- structure’’, as appropriate, to help facilitate the sert the following: uation.’’ adoption of composite technology in infrastruc- SECTION 1. FACILITATING THE ADOPTION OF SELECT COMMITTEE ON INTELLIGENCE ture in the United States. In implementing such COMPOSITE TECHNOLOGY IN INFRA- The Senate Select Committee on In- recommendations, the Secretary, acting through STRUCTURE. telligence is authorized to meet during the Director shall, with respect to the use of (a) RESEARCH.—Subject to the availability the session of the Senate on Tuesday, composite technology in infrastructure— of appropriations, the Secretary of Com- (1) not later than 1 year after the date of the merce, acting through the Director of the August 4, 2020, form 2:00 p.m. to 4:00 enactment of this Act, develop a design for a National Institute of Standards and Tech- p.m., to hold a closed business meeting data clearinghouse to identify, gather, validate, nology, shall implement the recommenda- immediately followed by a closed hear- and disseminate existing design criteria, tools, tions contained in the December 2017 report ing. guidelines, and standards in a timely manner; entitled ‘‘Road Mapping Workshop Report on

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PERSONAL EXPLANATION the spirit and drive for freedom in every one and a great friend. He was a fundamental part of our actions. of the South Texas community and his legacy HON. DAVID ROUZER Our fight continues while Mr. Lewis has will forever be remembered. I join his family in OF NORTH CAROLINA earned his rest, and we benefit always from honoring his exemplary life. IN THE HOUSE OF REPRESENTATIVES his life-long example and the paths he forged f for each of us. Tuesday, August 4, 2020 From an indebted nation, thank you to Mr. INTRODUCTION OF THE DISTRICT Mr. ROUZER. Madam Speaker, due to trav- Lewis for his endearing spirit and example. OF COLUMBIA COURTS IMPROVE- MENT ACT OF 2020 el with the Vice President on July 29, 2020 in f North Carolina, I was not able to be in the Chamber and present to vote. Had I been HONORING FREDERICK WILLIAM HON. ELEANOR HOLMES NORTON present, I would have voted NAY on Roll Call RUSTEBERG OF THE DISTRICT OF COLUMBIA No. 168; NAY on Roll Call No. 169; YEA on IN THE HOUSE OF REPRESENTATIVES Roll Call No. 170; NAY on Roll Call No. 171; HON. FILEMON VELA Tuesday, August 4, 2020 and NAY on Roll Call No. 172. OF TEXAS Ms. NORTON. Madam Speaker, today, I in- f IN THE HOUSE OF REPRESENTATIVES troduce the District of Columbia Courts Im- PERSONAL EXPLANATION Tuesday, August 4, 2020 provement Act of 2020. This bill would make several important changes to improve the op- Mr. VELA. Madam Speaker, I rise today to erations of the D.C. Courts. HON. JOHN B. LARSON honor and pay tribute to the extraordinary life First, this bill would remove the consent re- OF CONNECTICUT of Frederick William Rusteberg of Brownsville, quirement for D.C. Superior Court magistrate IN THE HOUSE OF REPRESENTATIVES Texas. Mr. Rusteberg played an instrumental judges in certain situations. Currently, consent Tuesday, August 4, 2020 role in the economic and educational develop- from the parties involved is required for a ment of the Brownsville community. Mr. LARSON of Connecticut. Madam magistrate judge to perform duties in the Civil, Born in Brownsville, Texas, on July 1, 1946, Speaker, I was not in attendance to cast votes Criminal and Probate Divisions of the Superior Mr. Rusteberg attended Brownsville High on consideration of the Defense, Commerce, Court. Removing this requirement from the School and then Texas A&M University, where Justice, Science, Energy and Water Develop- Civil and Probate Divisions in certain matters he earned a bachelor’s degree in finance. He ment, Financial Services and General Govern- will further the efficiency of the judicial proc- later attended Texas Tech University, where ment, Homeland Security, Labor, Health and ess. The bill also authorizes magistrate judges he completed his graduate studies and met Human Services, Education, Transportation, to issue search and arrest warrants and gives his future wife, Frances Hill. Housing, and Urban Development Appropria- all magistrate judges contempt authority. In his youth he trained as a Huey helicopter tions Act, 2021 (H.R. 7617) and the related Next, the bill updates several aspects of pilot and served in the U.S. Army as a First amendments. Had I been present, I would juror service in the Superior Court. First, it ties Lieutenant in South Korea. He later returned have vote YEA on Roll Call No. 174; YEA on Superior Court juror pay to the pay jurors re- to Brownsville where he worked as the assist- Roll Call No. 175; NAY on Roll Call No. 176; ceive in federal court. Currently, the Board of ant Port Director at the Port of Brownsville. He NAY on Roll Call No. 177; and YEA on Roll Judges of the Superior Court has authority to then went on to become the Vice-President at Call No. 178. set the pay of jurors, but it is capped at the First National Bank, and in 1984, became the rate paid to federal jurors. Despite this, Supe- f founding President and CEO of IBC Bank in rior Court jurors are crrently paid less than HONORING THE LIFE OF Brownsville, where he served for over 35 federal jurors. The bill also modernizes juror CONGRESSMAN JOHN LEWIS years until his retirement. summonses by allowing jurors to complete the Mr. Rusteberg was not only a successful questionnaire electronically, which will save HON. JOE NEGUSE businessman; he was also a respected leader the court money on postage and staff time. in his community. He served on many aca- OF COLORADO The bill further allows jurors who are 70 years demic and city boards throughout his career IN THE HOUSE OF REPRESENTATIVES old or older to be excused from jury service if where he helped to build the city of Browns- the individual so chooses. Tuesday, August 4, 2020 ville’s economy and raise millions of dollars to The bill also makes improvements for the Mr. NEGUSE. Madam Speaker, today I rise support education in the Rio Grande Valley. employees of the courts. D.C. Courts non- because the country has lost a true American His family established the first scholarship en- judicial employees and Public Defender Serv- hero. A giant whose sacrifices and relentless dowment at the University of Texas at ice (PDS) employees are deemed to be fed- pursuit of equality paved the road for so many Brownsville, now known as the University of eral employees for the purposes of early re- of us who stand here now. Texas Rio Grande Valley. tirement provisions in federal law, but the One of the greatest honors of my life was Mr. Rusteberg was a man of great character Courts and PDS do not currently have the per- serving with Congressman Lewis. Occasion- who helped inspire and motivate those around manent authority to make voluntary separation ally, I’d have the privilege of walking with him him. In an interview with UT Brownsville Mr. incentive payments or ‘‘buyouts’’—to employ- to this very Chamber. Along the way, there Rusteberg said, ‘‘I believe we have a certain ees who separate by voluntary retirement or wasn’t a single Capitol employee whom he amount of control over our destiny—you can by resignation, unlike the authority possessed didn’t greet effusively, and often by name. Put either sit by and watch things happen, or you by federal executive and judicial branches. simply, he was a truly generous, humble and can help make them happen.’’ Mr. Rusteberg The D.C. Courts and PDS currently have this decent man. made great things happen. authority in fiscal year 2020 under the fiscal We find ourselves in times when we must Mr. Rusteberg is survived by his loving wife year 2020 District of Columbia Appropriations struggle not only for the safety of our commu- Frances, his children William (Tammy) bill, but this bill would provide permanent au- nities, but also the soul of our nation. Rusteberg and Liz Rusteberg (Chad) Hainley, thority. But as Mr. Lewis said, ‘‘Freedom is not a his two grandchildren Jessie and William Next, this bill allows the D.C. Courts to pay state; it is an act . . . it is the continuous ac- Hainley, and his sisters Joy (Bill) Burns and attorneys appointed to represent indigent de- tion we all must take, and each generation June (Adolph) Dittman. fendants in criminal proceedings and indigent must do its part to create an even more fair, Madam Speaker, I ask my colleagues to join children in delinquency and need of super- more just society.’’ me in honoring the life of Mr. Frederick Wil- vision proceedings up to the amount currently It is, indeed, difficult times like this for which liam Rusteberg. He will be remembered as a allowed in federal court. The D.C. Courts’ cur- we are made—times when we must embody great banker, a great boss, a great mentor rent rate has not been updated in eight years,

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 07:13 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A04AU8.001 E04AUPT1 SSpencer on DSK126QN23PROD with REMARKS E724 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 2020 and is $42 per hour less than the federal rate. Officer Godina’s composure saved the to persist throughout our nation today. As Similarly, the bill eliminates the $25 hourly rate grandmother’s life and preserved the suspect’s someone who came of age and worked when fixed rate for D.C. Criminal Justice Act inves- life as long as possible. While I am heart- the African American Civil Rights movement tigators. Federal investigators in D.C. are cur- broken to announce that the child succumbed was at its peak, Ms. James dedicated herself rently paid $65 an hour, and up to $75 an to his injuries, Godina’s selfless action allowed to furthering the movement and actively advo- hour in death penalty and other complex medical attention to provide enough time for cated for the adoption of various civil rights cases. the mother to spend the last minutes of their bills in the 1960s. Even after the Civil Rights This bill also would move the appointment child’s life with them. Act of 1964 was passed, Ms. James continued and removal of the Register of Wills (ROW) Madam Speaker, I am here to recognize Of- to work toward racial justice, serving as a and supervisory responsibilities from the Su- ficer Godina’s bravery and professionalism in board member for the Southern Christian perior Court and the Chief Judge of the Supe- this active and dangerous situation. Officer Leadership Conference (SCLC) and as an ex- rior Court; respectively, to the Executive Offi- Godina displayed the best qualities of our ecutive committee member for the National cer of the D.C. Courts. This change would country’s police officers, and at a time when Association for the Advancement of Colored provide the Executive Officer oversight of the police across the nation are wrongly looked People (NAACP). Her work with the NAACP personnel for the entire Probate Division, in- down on, Officer Godina reminds us of our of- earned her the Kansas City Spirit Award and cluding the ROW, which will improve efficiency ficers’ service to the nation and the constant the NAACP President’s award. Ms. James in making personnel decisions and in the over- safety we take for granted on the backs of also served as the 7th-ward committeewoman all administration of the Probate Division. their sacrifice. for the Jackson County Democratic Com- While both the federal government and the f mittee, helping distribute ballot information on District of Columbia government have statu- election days, and would serve as a member PERSONAL EXPLANATION tory authority to give retroactive pay increase of the municipal judicial nominating commis- to employees on board at the time the in- sion. crease is ordered and to employees who have HON. JODY B. HICE The profound impacts Ms. Rosa James had retired (not resigned) or died between the date OF GEORGIA on the Greater Kansas City area extended to the increase becomes effective and the date it IN THE HOUSE OF REPRESENTATIVES the citizens and those she worked with and is ordered, the D.C. Courts do not have this Tuesday, August 4, 2020 mentored as well, always having a positive ef- authority. This bill corrects this deficiency. Mr. HICE of Georgia. Madam Speaker, due fect on everyone with whom she interacted. The bill also makes corrections to portions to a recommendation by the Attending Physi- Dr. Mark Bedell, Superintendent of Kansas of the D.C. Code that reference the Domestic cian to quarantine due to an interaction with a City Public Schools, said that Ms. James ‘‘was Violence Division where it still refers to its old person having a confirmed COVID–19 infec- a great, great lady who genuinely cared about name, the Domestic Violence Unit, and up- tion diagnosis, I was unable to be present dur- this school district and the children in this dates how title 11 of the D.C. Code references ing House votes. community.’’ Each and every person that knew individuals with intellectual disabilities. Had I been present, I would have voted Ms. James, even those whom she simply Under the Home Rule Act, Congress has NAY on Roll Call No. 168; NAY on Roll Call helped register to vote, attest not only to her exclusive jurisdiction over title 11 of the D.C. No. 169; YEA on Roll Call No. 170; NAY on incredible commitment to bettering the com- Code (relating to organization and jurisdiction Roll Call No. 171; NAY on Roll Call No. 172; munity and the city, but also to her warm- of the local D.C. Courts). Because of this, in NAY on Roll Call No. 173; NAY on Roll Call hearted kindness that filled the room. recent history, legislation to improve the oper- No. 174; NAY on Roll Call No. 175; YEA on Ms. James was someone who had a pas- ations of the D.C. Courts has been enacted Roll Call No. 176; YEA on Roll Call No. 177; sion for public service, positive change, and into law every few years. I hope this bill will and NAY on Roll Call No. 178. bringing about that change. In every instance likewise be adopted, and hopefully in a where there was an injustice, she was there, f bipatisan manner. standing alongside others attempting to fix it. I urge my colleagues to support this impor- IN HONOR OF THE LIFE AND Her immeasurable commitment to bettering tant bill. LEGACY OF ROSA JAMES public schools, registering voters, and ad- f dressing racial injustices, along with her cheerful nature and friendly demeanor, left a RECOGNIZING CLARKDALE POLICE HON. EMANUEL CLEAVER OF MISSOURI lasting impact on many Kansas Citians. Her OFFICER CARLOS GODINA IN THE HOUSE OF REPRESENTATIVES legacy is defined by meaningful change, lead- Tuesday, August 4, 2020 ership, selflessness, and compassion. Madam HON. PAUL A. GOSAR Speaker, please join Missouri’s Fifth Congres- OF ARIZONA Mr. CLEAVER. Madam Speaker, I rise sional District in honoring the life of Ms. Rosa IN THE HOUSE OF REPRESENTATIVES today with a heavy heart to honor the life and James. legacy of Ms. Rosa James: an invaluable f Tuesday, August 4, 2020 leader in Kansas City’s African American com- Mr. GOSAR. Madam Speaker, I rise today munity who dedicated her life to improving CITIZEN COSPONSORS OF THE to recognize the valor of Clarkdale, Arizona public education issues, encouraging voter GEORGE FLOYD JUSTICE IN PO- Police Officer Carlos Godina on February 27, registration, and addressing civil and racial in- LICING ACT 2020. Officer Godina’s selfless action in the justices. On Tuesday, July 22, 2020, Ms. Rosa midst of a confusing and dangerous scene re- James was called home to heaven after a pro- HON. STENY H. HOYER lieved a family in deep distress. foundly impactful 86 years of life and service. OF MARYLAND Responding to assist a medical call, Officer Ms. Rosa James was born and raised in IN THE HOUSE OF REPRESENTATIVES Godina found an active crime scene as a sus- Charlotte, North Carolina where she received pect had attacked a grandmother and her the bulk of her education. In the early 1960s, Tuesday, August 4, 2020 grandchild with a blunt object. In fact, shortly Ms. James moved to Kansas City, Missouri Mr. HOYER. Madam Speaker, on June 25, after arriving, the suspect charged Officer where she served as a reading specialist for the House passed the George Floyd Justice in Godina with the same object, forcing Godina the Kansas City Public Schools for the next 36 Policing Act to address systemic racism and to use nonlethal force to push the suspect in- years. Ms. James retired from this work in police misconduct, increase accountability and side and away from the woman. 1998 but remained committed to serving the transparency, and change the culture of law It was this time that Officer Godina learned education system. Ms. James also befriended enforcement. Since passage, thousands of that the injured child was also inside the and mentored future superintendent Mark Be- Americans have visited the website home, and without hesitation, he rushed into dell—a testament to her desire to positively JusticeinPolicing.us to learn about the bill, the house, again confronted by the suspect shape education in Kansas City for genera- weigh in with their support, and sign on as cit- who was now also wielding a butcher knife. tions to come. Ms. James’ retirement would izen cosponsor in support. I would like to in- Determining that the child was in a critical only be the beginning of her journey to solving clude in the RECORD the following names of state, Godina called upon the suspect to sub- persistent issues and working to dismantle in- citizen cosponsors: due so the child could be cared for. Instead, justices. Rosemary Cavazos, Kyle, TX; Barbara the suspect charged with both weapons, re- Ms. Rosa James also spent many years of Lino, New York, NY; Teresa L Fincham, quiring Godina to use lethal force. her life bridging the racial divides that continue Prince Frederick, MD; Javier Cavazos, Kyle,

VerDate Sep 11 2014 07:13 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A04AU8.005 E04AUPT1 SSpencer on DSK126QN23PROD with REMARKS August 4, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E725 TX; Ethan Gates, Lubbock, TX; Sheyna Gif- Paul, Merrick, NY; Mario David Portillo, Gray, GA; Amanda Henderson, Milwaukee, ford, Saint Louis, MO; Melisa Duncan, Ruckersville, VA. WI; Kristin Erb, Minneapolis, MN; Shari Bowie, MD; Sonia Gazer, New York, NY; Mary Martin, Norman, OK; Raul R. Rodri- Stratton, Denver, CO; Barry Fellman, Noah Bailey, Ridgewood, NY; Amy Aasheim, guez III, Victorville, CA; Amanda Trudell, Thorofare, NJ; Duncan Crabtree-Ireland, Los Excelsior, MN; William Rhodes, Knoxville, Vancouver, WA; Colleen Naseem, McLean, Angeles, CA; Daryl Gillespie, Richmond, VA; TN; Sylvia Elerick, Temple City, CA; Helm VA; Molly Gravalin, Fargo, ND; Julie Heine, Dianne West, Decatur, IL. John, Bowie, MD; Kim Bell, Vernon Hills, IL; Capistrano Beach, CA; Jacqueline Alvarado, Andy Alcindor, San Diego, CA; Gary Shaun Brown, Laguna Beach, CA; Manuel Chevy Chase, MD; Maanasi Gupta, Ashburn, Thomas, Waldorf, MD; Christine Dunlop, Jesus Rivera-Matute, Wilmington, NC; Sarah VA; Cynthia Twigg, Orrstown, PA; Stephanie Akron, OH; Aislinn Ewing, Fpo, AP; Erick Pope, Brooklyn, NY; Dean Anderson, Saint Olcott, Temple Hills, MD; Ni Ni Than, New Jason Medal, Lynwood, CA; Rachel Rey- Paul, MN; Sally Lopez, Northridge, CA; York, NY; Jorge Quintana, Helena, MT; Lisa nolds, Findlay, OH; Adiba Barney, Cornelius, Deeda Seec, Salt Lake City, UT. Kellison, Orlando, FL; Amanda Founi, Sac- NC; Ellen Andrews, New York, NY; Darcy Lourdes Vela-Arias, Bronx, NY; Sandy ramento, CA; Laurel Jensen, College Park, Johnson, San Diego, CA; Susan Bowen, King- Kingcaid, Nazareth, PA; Regina Lynn Clem- MD; Brian Garvey, Waldorf, MD; Gerald man, AZ; Austin Gates, Lubbock, TX; John ent, Providence, RI; Linda Miles, Hopewell, Adams, Port Republic, MD; Kelsey Branch, Stewart Street, Charlotte, NC; Drina NJ; Tarina Ahuja, Ashburn, VA; Tesia Baltimore, MD; Ingrid Kapteyn, New York, Semenjuk, Rancho Palos Verdes, CA; Jessica McLaughlin, Doylestown, PA; Brianna NY; Rolando Olmeda, Toa Baja, PR. Lucas, Reynoldsburg, OH; Penelope Lester, Morel, New York, NY; Jenna Curtis, Saint Miguel Bahena, Carrollton, TX; Maurice Livingston, TX; Eugene Debs, San Francisco, Cloud, FL; Catherine Hannah, Charlotte, NC; Williams, Arlington, TX; Henry Roller, Se- CA; Antanas Ezerskis, Folsom, CA; Natasha Marisa Dobson, Baltimore, MD; Nick attle, WA; Allison Beck, Ventura, CA; Bryan Missick, Los Angeles, CA; Bryan Dentici, Gothard, Ashburn, VA; Sheila Weiss, Alexan- Getchell, Seattle, WA; Jay Miller, Wash- Gainesville, FL; Davina Foti, Exeter, NH; dria, VA; Molly, New York, NY; Laura Mead, ington, VA; Barbara Amador, Oceanside, CA; Elias Trevino, Lubbock, TX; Monica Nydick, New York, NY; Amy Buss, Thousand Oaks, Heather Holley, Los Angeles, CA; Victor Freehold, NJ; Corey Goelz, Mercer Island, CA; Gillian Ladd, San Francisco, CA; Sydney Thabo Moalusi, Saint Louis, MO; Juliette WA. Thomas, Fort Worth, TX; Yael Velvel, Silver Smith, Smithsburg, MD; Patricia Allen, Barbara Powers, Summit, NJ; Marilyn Spring, MD; Elizabeth, Columbus, OH; Ana Bellflower, CA; Eve Antekeier, Oceanside, Kuray, Gaithersburg, MD; Pamela Vaughn, Ortiz, Miami, FL. CA; Sabrina Felton, Union City, GA; Jac- San Francisco, CA; Jo Dunlop, West Liberty, K.B. Montgomery, Minneapolis, MN; Abiya quelyn Ned Mann, Greenbelt, MD; Tara Muir, OH; Alby Joseph, Westbury, NY; Han Yu, Los Baqai, Fremont, CA; Gary Siconolfi Jr, Wes- Newtown, CT; Sheyla Jaimes, Oceanside, CA; Angeles, CA; Rena Mason, Beaumont, CA; ley Chapel, FL; Brianna Harlan, Ridgewood, David Walleser, Ruthven, IA; Ginger Wal- Barbara Huff, Agoura Hills, CA; Evan Gole, NY; Kyla McCallum, Ann Arbor, MI; Jeremy lace, Louisville, KY; Reggie Singleton, Lake- Los Angeles, CA; John Sakala, Morehead, Jung, Torrance, CA; Susan Huybensz, Deep wood, NJ; Kiara Ortiz, Washington, DC. KY; Steven Dobrosielski, Bowie, MD; Mike River, CT; Mike Shadrick, Staten Island, Tim Schroeder, Yakima, WA; Edrin Wil- Linksvayer, Emeryville, CA; Pamela Ale id, NY; Cecily Smith, New York, NY; Claudine liams, Washington, DC; Michael Davis, Elk Troy, NY; Beth Van Zant, Richardson, TX; Sapini, Lynbrook, NY; Susan Hanlon, Man- Grove, CA; Eric Rilko, Franklin, TN; Cathy Michael Fullerton, Carlsbad, CA; Susan chester Township, NJ; Tyshan Broden, Harrison, Circle Pines, MN; Mason Brooks, Azam, Hartsdale, NY; Jean Bjugstad, Somer- Desoto, TX; Emily Guerrero, Fort Worth, Glenn Dale, MD; Aixa Torres, New York, NY; ville, NJ; Rebecca Chapman, Indianapolis, TX; Katie Robleski, Milwaukee, WI; Adolph Matthew Mason, Albuquerque, NM; Lanaya IN; Amy Hogue, Denver, CO; Sachiko Anguiano, Auburn, IN; Carrie McGurn, Ven- Van Driesen, Henrico, VA; Leona Aubin, Galassetti, Irvine, CA; Laura Tegtmeyer, tura, CA; Diane Pisano, Bowie, MD; Eryn Mattoon, IL; Michael Malizia, Tampa, FL; San Jose, CA. Mikulicz, Pittstown, NJ; Duchess Swift, La Justyce Brooke, Walla Walla, WA; Sean Steve, Rocky Hill, CT; Kathryn Jones, Plata, MD; Dawn Stegall, Henrico, VA; Rob- Schlecht, Livermore, CA; Tara, Carmichael, Henrico, VA; Ronnie G Ledford, Booneville, ert E. Reynolds, Jr., Lanham, MD. CA; Elliot Beckelman, San Francisco, CA; AR; Melony McGant, New York, NY; Kevan Matt Levine, Minneapolis, MN; Cheyenne Patrick Foran, San Jose, CA; An Nuyen, A Amjadi, San Clemente, CA; Cassie Knavel, Avon, OH; Ada Garcia-Casellas, Brooklyn, NY; Katherine Bajuk, New York, LaMacchia-Meeks, Los Osos, CA; June E Chevy Chase, MD; Safa Chohan, Centreville, NY; Alan Barnard, Sylmar, CA; James R Peschel, Sioux City, IA; Tyrik Grooms, VA; Laura Udell, Chicago, IL; Maddy Simpson, Davidsonville, MD; Wendy Tampa, FL; Teri Barker, Boise, ID; Ed Goffredo, Stirling, NJ; Anna Cyr, Leeds, ME; Wheatcroft, San Diego, CA. Crump, Annapolis, MD; Shelley Ward, West- Robin Schumacher, Spring, TX; Lynn Price, Kellan A McPhail, Austin, TX; Maribel, minster, MA; Libby Sarver, Charlotte, NC; C. Deary, ID; Bill Hamm, Frisco, TX; Tracy Kissimmee, FL; Victoria Connery, Green A. Van Zant, Keller, TX; James White, Co- Falco, Los Angeles, CA; Paul Foreman, Bay, WI; Marc Williams, Indianapolis, IN; lumbus, OH; Kiera Foran, San Jose, CA; Val- Loveland, CO; John Hatchett, Sunnyside, Mita Dey, San Jose, CA; Anne Marie Loesch, erie Coe Lowder, Lilburn, GA; Tim Stewart, NY; Gayle Zerr, Tampa, FL; Debra Macheca, Chicago, IL; Ann Sprayregen, New York, NY; Saint Cloud, MN; Heather Robinson, Olathe, Lawrence, KS; Tonya Alston, Fairfield, CA; Jasmine Rehman, Brandon, FL; Alex Wat- KS; Lynda Young, Greensboro, NC; Thomas Stephen James, Desoto, TX; Raymond son, New York, NY; Christina Shaffer, Gannon, San Lorenzo, CA; Zachary Gerstel, Trabulsy, Trenton, MI; Cynthia Bowman, Se- Henrico, VA; Julius Dennis, Jacksonville, Westfield, NJ; Oliver Polo, San Diego, CA; well, NJ; Becci Lee, Arlington, TX; Hollis FL; Michael Anderson, Katonah, NY; Vanessa Lopez, Wildomar, CA. Amsden, Seattle, WA; Rasheed Townsell, Soledad Heredia, San Mateo, CA; Lori Ebony Clark, Brooklyn, NY; Brenda Waldorf, MD. Kronser, Bowie, MD; Kathy Malizia, Tampa, Iglesias, South Gate, CA; Jordan Smith, Bel- John Guldan, Lake Villa, IL; Gracie FL; Chelsea Riley, Statesboro, GA; Lindy L lingham, WA; Mary Highins, Malibu, CA; Renner, Painesville, OH; V’Nell DeCosta, Cavness, Dallas, TX; Andrew Atzert, New Doug Nedrich, Leesburg, VA; Nichelle Davis, Fort Washington, MD; Manuel Zuniga, Saint York, NY; Gabriella Martinez, Stockton, CA; Atlanta, GA; Joel Ickes, Kalkaska, MI; Cas- Paul, MN; Tim Kubasak, Gilbert, AZ; Kath- Jessie Chappel, Edwardsville, IL. sandra Carl, Auburn, NY; Royce, Post Falls, ryn Guerriero, Ashburn, VA; Paul, Monroe, Delvin Walters, Bowie, MD; Charlotte Du- ID; Jenny Polcari Fiore, Kingston, NY; Kris WA; Rob Michaels, Wilmington, OH; Charles mont, Chelsea, MA; Angel Altamirano, Du- Lewis, Bellingham, WA; Jordan Krsnak, D Moses, Englewood, CO; Mark Haimowitz, luth, GA; Sa1Ta, Minneapolis, MN; Bill Moorhead, MN; Rand DeCastro, Portland, Bridgeville, DE; Miguel A Hernandez, Brook- Weitze, San Jose, CA; Lisa Cyrns, Compton, OR; Sheila Wills Marsh, Omaha, NE; Sonya lyn, NY; Ranae McAllister, Saint Johns, FL; CA; Jan D Russak, Martinsville, NJ; Shan- Youngblood, San Augustine, TX; Chris Jan Largent, Stillwater, OK; Gwendolyn non Dickey, Des Moines, IA; Nicholas Long, White, Walla Walla, WA; Lisa Cassandra, Los Black, New York, NY; Rochelle Villarrial, Columbus, IN; Marshall D. Stein, Chestnut Angeles, CA; Terri Coulter, Oklahoma City, Farmersville, CA; Christina Pavlow, Saint Hill, MA; Vicki Lederman, Summit, NJ; OK; Yvonne R. Lucas, New York, NY; Kim Charles, MO; Jeremy Smith, San Ramon, CA; Kristine Erickson, Chandler, AZ; Sarah Ho, Dublin, CA; C Wilson, Inglewood, CA; Henry Nguyen, Orange, CA; Cassandra Clark, Virginia Beach, VA; Giovanna Laura Medina, Orlando, FL. Brooks, Wake Forest, NC. Mussapp, Atlanta, GA; Chuck Bailey, Daly Timothy Monea, North Canton, OH; Caro- James White, Middletown, DE; Jan City, CA; Rocio Garcia Chaudhry, Fort lyn Hall, Waldorf, MD; Brenda Sokolowski, Mayhall, Dallas, TX; Lisa O’Rrell, Olympia, Worth, TX; Elijah Willis, Pinole, CA; Valter Boynton Beach, FL; Syundai Johnson, Hous- WA; Judith McCowan, Pikesville, MD; An- Ezerins, Saint Leonard, MD; Robert Bou- ton, TX; Mara, Berkeley Heights, NJ; Eliza- drea Tidd, Spring Valley, CA; Jen Kluger, chard, Alpharetta, GA; Tara Francis, New beth Sereduk, Merchantville, NJ; Albert Basking Ridge, NJ; Cynthia Geter, Greens- York, NY. Smith, New York, NY; Gloria Immel, Hobart, boro, NC; Benjamin Briu, Bronx, NY; Brita Lacy Houston, Houston, TX; Tajan R IN; Mari Washington, Washington, DC; John Agee, Van Wyck, SC; Stephen Price, Annap- Kenkre, San Jose, CA; Zihan Zhao, Flower Jackson, White Plains, MD; Andrew Pollard, olis, MD; Judith Luchsinger, Lakeport, CA; Mound, TX; Donna Owens, Tucson, AZ; Nich- North Beach, MD; Janice Hunter, Prince Rachael Stevens, Jenkintown, PA; Susan olas Kusner, Brooklyn, NY; Alexa Cooley, Frederick, MD; Kelly, Brooklyn, NY; Junior Johnson, Callaway, MD; Elsa Aguirre, Monroe, MI; Michael potter, Park Hill, OK; Mwemba, Arlington, VA; Shaina, Evansville, Miami, FL; Betty Shaw, Bowie, MD; Crystal Athena Miceli, Augusta, GA; Stacey Garcia, IN; Caren Akin-Lynn, Charlotte, NC; Mau- Chambers, Houston, TX; Andre Davis, Nor- Hayward, CA; Rachael Tupper-Eoff, Liver- rice Bowers, Chino Hills, CA; Di Perry, Wal- cross, GA; Syl Anthony, Pittsburgh, PA; Jer- more, CA; Peter Gabel, San Francisco, CA; dorf, MD; Barbara C Gardner, Bowie, MD; emy Sander, Hawthorne, CA; Alexandra Suresh Dianand, Brooklyn, NY; Sara Allen, Eugenia Montesinos, Brooklyn, NY; Mr. &

VerDate Sep 11 2014 07:13 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A04AU8.009 E04AUPT1 SSpencer on DSK126QN23PROD with REMARKS E726 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 2020 Mrs. Lorenzo White, Debary, FL; Callie Bowie Han, Chicago, IL; Rob Lang, Arling- Kelleher, Chicago, IL; Priscilla Fogle John- Koelbel, Saint Leonard, MD. ton Heights, IL; Malak Afaneh, Chicago, IL; son, Lexington, KY; Tina Gurney, West- Lorraine Mangan, Tucson, AZ; Ann, Grace Rice, Chicago, IL; Laura Adkins, Chi- minster, CA; Kristin Gecan, La Grange, IL; Downingtown, PA; Sandy Bumgardner, Cor- cago, IL; lane calkins, Naples, FL; Laura Shannon Terry, Renton, WA. pus Christi, TX; Tim Patton, Grand Blanc, Vanden Berg, Chicago, IL; Lee P Lundal, Stephanie Hough, Ashburn, VA; Jadine MI; Rebecca Johnson, Philadelphia, PA; Ray- Clarendon Hills, IL; Mercedes Badia-Tavas, Hill, Fort Lauderdale, FL; Faith O’Leary, mond Hayes, Mechanicsville, MD; JESSICA, Chicago, IL; Jane Hart, Chicago, IL; Jennifer Chicago, IL; Samantha Douglass, Estero, FL; Massapequa, NY; Manuel Massa, Baldwin, Berg, San Antonio, TX; Tipu Puri, Chicago, Marian Siegel, Long Beach, CA; Joy Lowell, NY; Cohen Cohen-Kowan, Tivoli, NY; Mark IL; Morgan Lang, Washington, DC; Lipa New Port Richey, FL; Toba M Winston, Chi- Ruocco, Gaithersburg, MD; Lauren Langlois, Bick, Richmond, VA; Gerardo Mora Jr, Park cago, IL; Judith C Leonard, Delray Beach, Providence, RI; Steven M. Jones, Hopewell Ridge, IL; Allison Wolcott, Chicago, IL; FL; Devin Anderson, Ottumwa, IA; Kath- Junction, NY; Casey Terrault, Ingleside, IL; Jason Duarte, Chicago, IL; Dorothy Edwards, arine, Chicago, IL; Victoria Hines, Chicago, Malaika Brown, West Covina, CA; Carlene Petersburg, VA; Deanna M Beaton, Chicago, IL; Jennifer E Roberts, Sterling, VA; Juliana Kingston, Charlotte, NC; Isabella IL; Stephanie M Sinder, Chicago, IL; Aman- Flint, Troy, NY; Pat Hopson, Chicago, IL; Emmanuilidis, Winter Haven, FL; Rebecca da Sprick, Chicago, IL; Michelle Wiese, Elm- Vincent L Jackson, Southfield, MI; Brent Hall, Bowie, MD; Sandra Freund, Bastrop, hurst, IL; Edward Walbridge, Chicago, IL; Moore, Mantachie, MS; Jennifer Gladsky, LA; Megan Parker, Brooklyn, NY; Fauzia Lisa Goldner, San Antonio, TX; Courtney Glen Ridge, NJ; John Sandstrom, Elmhurst, Nusrat, Herndon, VA; Shirley Johnson, Alex- Elledge, Chantilly, VA; Dustin Yoder, Chi- IL; Christopher Henderson, Long Beach, CA; andria, VA; Simon, Brooklyn, NY; Lisa Thor, cago, IL; C Lee, Chicago, IL; Annie, Chicago, Linda Braun, Silver City, NM; Charles Astoria, NY. IL. Hamer, Gainesville, FL; Connie Tolleson, Chris Khulenberg, Batavia, OH; Sheila David Meyerson, Chicago, IL; Terri Bullhead City, AZ; Susan Edgar-Lee, Boyn- Morrissey, Petaluma, CA; John W Parker Jr, Tauber, Berkeley Heights, NJ; Thomas ton Beach, FL; Norm Caudell-Lopez, Mount Clinton, MD; Parmpreet Kaur, New York, Sarelas, Chicago, IL; Jessica McGee, Whea- Airy, NC; Drea Howenstein, Chicago, IL; NY; Courtney Rosenstadt, Lexington Park, ton, IL; Ally Dinkle, Brookfield, IL; Amanda Cynthia Hurt, Modesto, CA; Charlene R MD; Caroline Garland, Chesapeake, VA; Er- Ortiz, Folsom, CA; Andrew La Fond, Evans- Vaughn-Diaz, Atlanta, GA; Lisa Kerr, nest D Huckaby, Fort Washington, MD; Mar- ton, IL; Kelsey Howard, Chicago, IL; Randi Charleston, WV. ion Rowe, Mentor, OH; Marian Wes, Char- Ploszaj, Chicago, IL; Alma Bahman, Chicago, Marcelo Duran, Long Beach, CA; Amy Rit- lotte, NC; Cody Francis Sr, Columbus, GA; IL; Erika McKnight, Chicago, IL; Leon tenhouse, Winthrop Harbor, IL; Jennifer Sheila, Sarasota, FL; Andrea Targos, Fol- Alirangues, Plainfield, NJ; Susan Crawford, Lazo, Los Angeles, CA; Genevieve Crawford, som, CA; Danette Y Lindo, Chesterfield, VA; Chicago, IL; Natallie Santana, Chicago, IL; Thousand Oaks, CA; Victoria Delaney, Bing- Alan Roseman, Manhattan Beach, CA; Erik Lisa Bent, Chicago, IL; Vince Samar, Chi- hamton, NY; Larry Day, Ashburn, VA; Kean, Fort Collins, CO; Samantha Galina, cago, IL; Jane Ramsey, Chicago, IL; Mark Marianne Rampulla, Flemington, NJ; Steve Alexandria, VA; Margo Morris, New York, Brouwer, Chicago, IL; Lara Cho, Forest Paige, Spanaway, WA; David J. Cambra, NY; Peter Nguyen, Newport Coast, CA; Lynn Park, IL; Sarah Alshaibi, Chicago, IL; Roi G Vallejo, CA; Anne Kiefer, Penn Yan, NY; Spitzer, Richmond, VA; Lee Nelson, Montalvo, Chicago, IL; Beverly Davis, Union, John Ballo, Bensenville, IL; Kelli Pater- Petaluma, CA. NJ; Laurie Meyers, Long Beach, CA. noster, Chicago, IL; Rachel Halper, Syosset, David Wright, San Francisco, CA; Hannah Jayne E. Soulman, Chicago, IL; Jason NY; Tonya Rusdo, Sarasota, FL; Vitalia Ashe, Potomac, MD; Kenneth Yun, Swanson, Chicago, IL; Sylvia Petta, Oak- Farias, Fall River, MA; Wise, Santa Cruz, Encinitas, CA; JC Smith, Van Wyck, SC; land, CA; Cathy L. Reed, Oak Park, IL; Brian CA; Mackenzie Dafferner, Chicago, IL; Derek Athena Cairo, Richmond, VA; Rachel Regal, LaDuca, Dayton, OH; Paulette Livers, Chi- King, Hartland, WI; Chloe Itoh, Long Beach, Richmond, VA; Brandon Righi, Smmnit, NJ; cago, IL; Diana O. Chu, Chicago, IL; John CA; M Barbosa, Long Beach, CA; Melanie Susan Solarz, Carmichael, CA; Abigail Stan- McGowan, Chicago, IL; Greg Ekey, Chicago, Wynne, Healdsburg, CA; Jona Minor, Long ton, Sewell, NJ; Gillian Friend, San IL; Eduardo Ortiz-Perez, Melrose Park, IL; Beach, CA; Kimberly White, Spring, TX; Cee Anselmo, CA; Jerry Adams, Crofton, MD; Michelle M Piette, Chicago, IL; Stacy Lee Foster, Holliston, MA; Jennifer, Chi- Mack Guillory III, New Orleans, LA; Liz Correia, Chantilly, VA; K. E. Niedner, Chi- cago, IL; Dorian Eberly, Olympia, WA; F. Clubb, Claremore, OK; Erin Bakes, Miami, cago, IL; Eugene Fisher, Berryville, VA; San- Dugas, Sarasota, FL; Jane Smithson, Red- FL; Jeanne Boyle, Metuchen, NJ; Shirley dra Kroll, Long Beach, CA; Jon Gerstein, wood City, CA; Garrett Thompson, Los Ange- Neal, Ponca City, OK; Allison Michael, Phoe- Chicago, IL; Allison Ebsen, Elmhurst, IL; les, CA. nix, AZ; Scott Rossillo, Brooklyn, NY; Ellen Angel Fitzpatrick, Chicago, IL; Rachel f Halbert, Drayden, MD; Danilsa Jerez, New Ranney, Oakland, CA; Christa Alvarez, Chi- York, NY; Bianca Tedesco, Pompano Beach, cago, IL; Lyudmyla Baron, Huntington Park, HONORING THE LIFE AND LEGACY FL; Mary Kay Baldino, Arlington Heights, CA; George Thomson, Chicago, IL; Drew OF CONGRESSMAN G.V. ‘‘SONNY’’ IL; Carley Adams, Fort Lauderdale, FL; Kate Steele, Chicago, IL; Leona A Grage, Wood MONTGOMERY Veith, Warrington, PA. Dale, IL; Rita Buczynska, Chicago, IL; Niall McLaughlin, Phoenix, AZ; Dennis Lauren Garbacz, Columbus, OH; Jo G, Chi- HON. MICHAEL GUEST Flynn, Cherry Hill, NJ; Dennis Flynn, Cher- cago, IL. OF MISSISSIPPI ry Hill, NJ; Paige Harrison, New York, NY; Lirone Losoff, Chicago, IL; Susan Yessne, Emma Vitureira, Millington, NJ; Pieter Chicago, IL; Alton Lynum, Chicago, IL; IN THE HOUSE OF REPRESENTATIVES Turley, Seattle, WA; Anthony Escuadro, Chi- Winnie Miranda, Chicago, IL; Jodi Daniel, Tuesday, August 4, 2020 cago, IL; Karen O Fort, Chicago, IL; Katrell Chicago, IL; Pat Alexander, Jackson, MS; Mr. GUEST. Madam Speaker, the State of Lee, Bowie, MD; Meredith Moore, Vero Kimberly Black, Chicago, IL; Jonathan Mississippi is known for many things—its mag- Beach, FL; William Bradley, Chicago, IL; Schulz, Chicago, IL; Osama Mohamed, Fair- Nia Raymond, Chicago, IL; Karen Anderson, fax, VA; Madelyn Bagby, Chicago, IL; nolias, catfish, southern charm, and Sonny Chicago, IL; Jerry Tuttle, Suffolk, VA; Cath- Petrina Moore Pervall, Sterling, VA; Zoe M Montgomery. Today, August 5, is the 100th erine Goodman, Chicago, IL; Jim Parks, Prevatt, Chicago, IL; Rebecca Jensen, Cen- anniversary of his birth and I would like to take Elmhurst, IL; James Aguirre, Elmhurst, IL; treville, VA; Shirley Garland, Chicago, IL; the opportunity to pay tribute to this legendary Kitty Monaghan, Chicago, IL; Karthik Sally Drucker, Chicago, IL; Luis Anton, Chi- figure in Mississippi history. Yarlagadda, Elmhurst, IL; Dan Hickey, Chi- cago, IL; Margery Heyl Rushmer, Chicago, Congressman Sonny Montgomery was a cago, IL; Tara Maye, Harwood Heights, IL; IL; Melanie Rosales, Palatine, IL; Lawrence soldier, a public servant, a Veteran, and a Jessica Jorsch, Chicago, IL. Keller, Long Beach, CA; Karen Godfrey, Ste- southern gentleman. His friends called him Christopher Haynes, New York, NY; Alex- phenson, VA; Patrick Lange, Chicago, IL; ‘‘Mr. Veteran’’ and ‘‘Mr. National Guard.’’ He andra Becker, Chicago, IL; Beth Hatcher, Cynthia Handrup, Chicago, IL; Maia Taveras, Chicago, IL; Bonnie Rothman, Chicago, IL; Miami, FL; John and Marie June Hendricks, loved his family, his friends, his university, his Matthew Rynkiewicz, Chicago, IL; Luis Winchester, VA; John Hall, Chicago, IL; state, his country and our God. Alcaraz, Chicago, IL; Roxanna Krawczyk, Alisa Buck, Saint Leonard, MD; JoEllen, No one could meet Sonny Montgomery and Chicago, IL; Evelyn Fitzgerald, Chicago, IL; Wilkes Barre, PA. not love his infectious smile and genuine Kristin MacKenzie, Chicago, IL; Elizabeth J Angeline Moore, Upper Marlboro, MD; warmth. He had an easy grin that made al- Mendoza, Glenview, IL; Anita Butler, Chi- Karen Pendergrass, Spring Hill, TN; Michele most everyone he encountered feel like an old cago, IL; Karen Paul, Oak Park, IL; Steph- Yulo, Tucker, GA; Donna R Miller, Roch- and trusted friend. While he travelled around anie Zidek, Chicago, IL; Ryan Kelly, Chi- ester, MN; Kathlyn Liscomb, Chicago, IL; the world, everyone knew Sonny’s home was cago, IL; Masha Yakovleva, Chicago, IL; Dov Lebowitz-Nowak, Brooklyn, NY; Joan Meridian, Mississippi. And Mississippians Emily Mathews, Skokie, IL; Grace Peary, Barnidge, Saint Louis, MO; Sally Nista, Elmhurst, IL; Lauri Everson, Chicago, IL; Philadelphia, PA; Cheryl L White, Glenview, knew and loved Sonny and they will for many Sinead, Chicago, IL; Stephen Gleich, Chi- IL; Jessica Gottsleben, Pompano Beach, FL; generations to come. cago, IL; LuAnn Kowar, Chicago, IL; Steph- Melinda Seeman, Jupiter, FL; Mary Sonny Montgomery was guided by faith and anie Cordero-Gonzalez, Chicago, IL; Wade Ingraham, Seattle, WA; Stuart H. Gollinger, principle. His strong character and integrity en- Elkins, Chicago, IL; Sharon Leiter- Port Saint Lucie, FL; Ali mehidi, Charlotte, deared him to many no matter their political al- Weintraub, Western Springs, IL. NC; Hannah Linn, Washington, DC; Erin legiances or social status. He was genuinely

VerDate Sep 11 2014 07:13 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04AU8.011 E04AUPT1 SSpencer on DSK126QN23PROD with REMARKS August 4, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E727 well liked on Capitol Hill, and no one on either three decades in the House chamber. His leg- a small Baptist church in the West Texas town side of the aisle ever questioned his sincerity, acy of public service stretches across genera- of Hamlin. When later reflecting on the les- his integrity, or his independence. Sonny be- tions and party lines and is a testament to sons he learned during that time, Powell said, lieved that partisanship should never get in the America’s strong national defense. Sonny re- ‘‘Success is faithfulness, even when it’s hard, way of what he saw was good for the nation. tired from Congress in 1997 and returned to even when you want to give up.’’ His philosophy for life and leadership fo- Meridian. Sonny was awarded the Presidential In 2016, Powell and his family moved to the cused on faith, patriotism, relationships and Medal of Freedom by President George W. Eighth Congressional District of Texas, where perseverance. This is what Sonny Mont- Bush in 2005. he established the Emmanuel Baptist Church gomery called ‘‘staying the course.’’ Sonny Montgomery was a loyal son to Mis- in New Caney. Over the years, Powell grew After graduating from Mississippi State Uni- sissippi, from his birth to his passing, he was this small church into a pillar of the community versity in 1943, Sonny Montgomery was com- one of ours. But his work and legacy belong and guided his 140 members to walk in the missioned as a second lieutenant in the U.S. to America. We are all indebted to Sonny for light of the Lord, and in fellowship with one Army. He served with the 12th Armored Divi- making our great nation what it is today. another. sion in Europe during World War II and Sonny Montgomery said, ‘‘Patriotism is a Those who knew Pastor Powell remember earned the Bronze Star Medal with ‘‘V’’ for pretty simple word, but also a beautiful word him as bright, passionate, and warm-hearted. Valor device for capturing a German machine to most Americans.’’ Sonny Montgomery ex- Many spoke of him as, ‘‘the best man [they’ve] gun nest. emplified patriotism. The gentleman from Mis- ever known.’’ Andrew Walker, a professor at After World War II, he joined the Mississippi sissippi is recognized and remembered on the Southern Baptist Theological Seminary, said Army National Guard. In 1951, he served on 100th anniversary of his birth. of Powell, ‘‘In every sphere of life where he active duty again during the Korean War as a f had influence, he always wielded it for the bet- member of the 31st Infantry Division. In May terment of others.’’ 1961, as a Lieutenant Colonel, Sonny es- PERSONAL EXPLANATION The Houston Chronicle reported that in Pas- corted a group of Freedom Riders from the tor Powell’s final sermon before his death, he Alabama border to Jackson. Our late col- HON. PAUL MITCHELL preached from Psalm 72, saying that, ‘‘in the league John Lewis was on that bus. Sonny re- OF MICHIGAN poor man’s distress, Christians might be tired as a major general in 1980 after 35 years IN THE HOUSE OF REPRESENTATIVES there’’ and asked his congregation, ‘‘How of military service. could we pray that God would have compas- On January 3, 1967, Sonny Montgomery Tuesday, August 4, 2020 sion on those that need it while not having was sworn in as a Congressman from the dis- Mr. MITCHELL. Madam Speaker, on Roll that compassion on them ourselves?’’ To trict I represent today. Sonny’s greatest legis- Call No. 178, I am not recorded. Had I been those who knew him, it was no surprise that lative victory is the enactment of the bill which present, I would have voted NAY on Roll Call Pastor John Powell stopped on the side of a bears his name—the Montgomery GI Bill. As No. 178. road to help someone in distress. He died as a World War II Veteran, he believed the coun- f he lived—helping others. He was a man of try should provide educational benefits to its faith and faithfulness who had compassion for service members, and the combination of mili- IN HONOR OF PASTOR JOHN others, and who willingly risked and ultimately tary service and a college degree would make POWELL sacrificed his own life so that others might live. these individuals valuable assets to the coun- He was a hero. He leaves a legacy of selfless try. Sonny Montgomery saw the educational HON. KEVIN BRADY service and compassion. His life was a true shortfall as a direct threat to America’s military OF TEXAS example of Christian love and sacrifice, values readiness and national security and used the IN THE HOUSE OF REPRESENTATIVES that we would all do well to reflect on and try to emulate. GI Bill to reinvigorate the volunteer base of Tuesday, August 4, 2020 America’s military. Pastor Powell is survived by his wife, Kath- In October 1984, President Ronald Reagan Mr. BRADY. Madam Speaker, today I rise to erine, and their four beautiful children. I join signed into law the Montgomery GI Bill. Under honor the life of an incredible servant, John the Powell family, the Emmanuel Baptist the new education benefits, Veterans with two Powell, Senior Pastor of Emmanuel Baptist Church, and the entire community of New years of active service who contributed $1,200 Church of New Caney, Texas. Caney in mourning this tragic loss. May God of their own money were eligible to receive tui- After stopping on the roadside to help bless Pastor John Powell. tion payments of $300 a month for 36 months. someone in distress, Pastor Powell was trag- f The new GI Bill was also the first to offer edu- ically killed when he was struck by a passing HONORING THE PRINCETON RO- cation benefits to National Guard and Reserve truck. Robert Downen, a reporter with the TARY CLUB FOR THEIR 100TH personnel. Houston Chronicle, wrote a very touching arti- ANNIVERSARY Another of Sonny Montgomery’s achieve- cle about Pastor Powell’s life and the example ments was the creation of the Department of he set for others—one of selfless service. Ac- Veterans Affairs. His bipartisan efforts ele- cording to Robert Downen’s account, Pastor HON. ADAM KINZINGER vated the Veterans Administration into an offi- Powell and a friend were driving in Sherman, OF ILLINOIS cial cabinet department in March 1989. Presi- Texas, when they spotted a car catch fire on IN THE HOUSE OF REPRESENTATIVES dent George H. W. Bush offered Montgomery the side of the road. Pastor Powell imme- Tuesday, August 4, 2020 the position of secretary of the new depart- diately stopped, grabbed his emergency kit Mr. Kinzinger. Madam Speaker, I include ment, but he decided to continue to serve the bag and rushed to help. Just as he and his the text of the following resolution in the people of Mississippi in Congress. friend arrived at the scene, the brakes failed RECORD: As freshman members of the 90th Con- on an approaching semi-truck and it veered Whereas, the Princeton Rotary Club was gress, Sonny Montgomery and George H. W. toward the group. Pastor Powell took decisive founded on April 30, 1920, in Princeton, Illi- Bush began a friendship that lasted until the action and was able to push one individual out nois and 2020 marks its 100th year of con- Congressman passed away. It is said this bi- of the way, saving their life. Unfortunately, the tinual operation and service to the commu- partisan coalition was only challenged during young pastor was unable to get out of the way nity; and their ‘‘do or die’’ dollar a game paddleball himself, and was killed. Whereas, Rotary International is a world- Pastor Powell grew up in Kansas City, Mis- wide service organization founded in Chicago matches in the House gym with more bragging in 1905 and cunently consisting of 1.2 million rights on the line. President Bush wrote, souri, where he knew from a young age that professional and business leaders in 33,000 ‘‘While I served in Congress and after that in he wanted to pursue ministry. That desire led clubs around the world; and the Executive Branch of government, Sonny him to enroll in the Southern Baptist Theo- Whereas, the Rotary motto ‘‘Service Above remained a close confidant, a man whose logical Seminary in Louisville, Kentucky where Self’’ inspires members to provide humani- judgement I always trusted, a man whose he earned his Master of Divinity degree. While tarian service, encourage high ethical stand- friendship gave me comfort when the going at the seminary, he showed his care and con- ards, and promote good will and peace in the world; and got tough.’’ Sonny was a frequent visitor to the cern for those less fortunate and began lead- Whereas, Rotary in 1985 launched White House and often spent holidays with the ing worship services at local homeless shel- PolioPlus and spearheaded the Global Polio Bush family. ters. Eradication Initiative, which today includes Sonny Montgomery served along with the After graduation, Powell took on a chal- the World Health Organization, the U.S. Cen- administrations of seven presidents during his lenging assignment and became the pastor of ters for Disease Control and Prevention,

VerDate Sep 11 2014 07:13 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A04AU8.013 E04AUPT1 SSpencer on DSK126QN23PROD with REMARKS E728 CONGRESSIONAL RECORD — Extensions of Remarks August 4, 2020 UNICEF, and the Bill and Melinda Gates Madam Speaker, I express my deepest con- morial Chapel, Mr. Watkins spent thirty-one Foundation to help immunize more than two dolences to the family of Lee Teng-hui and the years performing the unglamorous but noble billion children against polio in 122 coun- people of Taiwan on his passing, and I en- tries; and work of honoring our community’s dead and Whereas, past and current members of the courage my colleagues to join me in cele- supporting their grieving families. As a leading Princeton Rotary Club have contributed brating his life and legacy as a beacon of member of the Watkins Foundation, he led the countless hours and resources to the im- democratic advancement. campaign to have Kansas City’s East Patrol provement of the City of Princeton; and f Whereas, the Princeton Rotary Club has Crime Lab named after prominent civil rights addressed the educational, public health, IN RECOGNITION OF THE LIFE leader Leon Jordon, forty-five years after his recreational, and economic needs of its com- AND LEGACY OF BRUCE WAT- assassination. As a member of Freedom, In- munity and fellow citizens; and KINS, JR. corporated, Mr. Watkins aided in the group’s Whereas, the Princeton Rotary Club has mission to register African American voters in declared the entire 2020 year to be one of significant and noteworthy projects in honor of HON. EMANUEL CLEAVER Kansas City, elect them to local office, and en- its 100th Anniversary; therefore, we, the OF MISSOURI sure that the voices of Black Kansas Citians United States House of Representatives, IN THE HOUSE OF REPRESENTATIVES were heard within the halls of government. Resolve and wish to formally recognize the Tuesday, August 4, 2020 And as eminent Kansas City leaders, he and Princeton Rotary Club and their efforts to positively impact the City of Princeton and Mr. CLEAVER. Madam Speaker, it is with a his cousin Warren Watkins, Jr. fought to gain communities in need worldwide; be it further heavy heart that I rise today to honor the life recognition for the slaves likely buried at the Resolved that we and the greater Princeton and legacy of Mr. Bruce Watkins, Jr. Mr. Wat- site of the City’s new airport. Mr. Watkins was community celebrate the 100th Anniversary kins spent his days on Earth fighting to pre- integral to that continued mission to make of the Princeton Rotary Club and congratu- serve, honor, and protect the stories of the Af- sure that those we welcome to our magnificent late all their Rotarians for this significant and noteworthy accomplishment. rican Americans who helped build and grow city also know of its painful past, etching a Kansas City, living a life that deserves both symbolic headstone of history for his ances- f recognition and reflection. tors whose graves remain largely unmarked. HONORING THE LIFE OF FORMER Mr. Watkins was born in the time of Emmett TAIWAN PRESIDENT LEE TENG- Till and Rosa Parks, into a family with a pro- I was proud to call Mr. Watkins a dear friend HUI found and unwavering commitment to advanc- and am humbled not only by his life of service ing the cause of civil rights in Kansas City. His but also by the task of paying tribute to it. On HON. PAUL A. GOSAR father was both a co-founder and the second this day, I wonder how to properly honor OF ARIZONA president of Freedom, Incorporated, Kansas someone who spent his whole life honoring IN THE HOUSE OF REPRESENTATIVES City’s local, Black political organization, as others—how one can do justice to the story of well as the first African American elected to a lifelong storyteller. Perhaps, the answer lies Tuesday, August 4, 2020 the City Council of Kansas City. In 1966, his in not only telling Mr. Watkins’ story but also Mr. GOSAR. Madam Speaker, I rise today father was elected a Circuit Court Clerk, mak- the stories he was passionate about pre- to honor the life of former Taiwan President ing him the first Black person elected to Jack- serving. When we in the Missouri 5th drive on Lee Teng-hui, revered as Mr. Democracy. As son County government, and would later be- Bruce R. Watkins Memorial Drive or pass by the first democratically elected leader of Tai- come the first African American to nearly win the Bruce R. Watkins Cultural Center—when wan, Lee is an icon for democracy and plu- a KC mayoral race. As a former city council we look upon the Spirit of Freedom Fountain ralism to not just Taiwan, but freedom loving member and Kansas City’s first African Amer- people around the world. ican Mayor, I know that the path I walk was or drive by the Green Duck Lounge—when we Well known for the symbolism of his election planned, plowed, and paved by Bruce Wat- tell the stories of Fred Curls or Lucile Bluford and his strong maneuvering which kept Tai- kins, Sr. It has been an honor to watch Bruce or Leon Jordon—we honor the life and work of wan from the grasps of the People’s Republic Watkins, Jr. valiantly carry his father’s mission Bruce Watkins, Jr. May God allow him to con- of China, we cannot forget his extensive serv- into the 21st century. tinue that work in the company of that other ice to Taiwan. Beginning as mayor of Taipei, Mr. Watkins grew up alongside the African great storyteller, who told us all of the Sower, he would go on to serve as the governor of American Civil Rights Movement, went to the Weeds, and the Mustard Seed. I think the Taiwan province and vice president before Southeast High School, and then studied at they’ll get along well. assuming the presidency in 1988. University of Nevada-Las Vegas’ College of As the keeper of a history he helped make, It was from this position he would oversee Business, where he graduated in 1977 with a Mr. Watkins continued a four-generation story the 1996 election, becoming the first demo- Bachelor of Science in Human Resources cratically elected president. Even in the face of Management and Services. Thirteen years of a family and a city that loved and chal- Chinese aggression, Lee preserved this ad- later, he would return to school to earn his As- lenged one another. Madam Speaker, please vancement and upheld the integrity of his sociate degree at Kansas City Kansas Com- join me in honoring the life of Bruce Watkins, election. Today, Taiwan is a strong, key mem- munity College’s School of Mortuary Science, Jr. Let us all seek to emulate his example by ber of the global community of nations and before starting his career as a funeral director. preserving the stories that tell us who we are serves as a symbol of freedom, human rights, Mr. Watkins was a keeper of stories. As a as a people and a nation and let one of those and democracy for all. funeral director at the Watkins Brothers Me- stories be his.

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of Columbia, both to be a Member of the Securities and improve the oversight of contracts awarded by the Sec- Exchange Commission, and Kyle Hauptman, of Maine, to retary of Veterans Affairs to small business concerns be a Member of the National Credit Union Administra- owned and controlled by veterans, S. 2558, to amend tion Board, 2 p.m., SD–G50. title 38, United States Code, to authorize the Secretary Committee on Commerce, Science, and Transportation: to of Veterans Affairs to make certain grants to assist nurs- hold an oversight hearing to examine the Federal Trade ing homes for veterans located on tribal lands, S. 3643, Commission, 10 a.m., SR–253. to amend title 38, United States Code, to authorize cer- Committee on Energy and Natural Resources: to hold hear- tain postgraduate health care employees and health pro- ings to examine Federal and industry efforts to improve fessions trainees of the Department of Veterans Affairs to cybersecurity for the energy sector, focusing on how to provide treatment via telemedicine, S. 2950, to amend improve collaboration on various cybersecurity and critical title 38, United States Code, to concede exposure to air- infrastructure protection initiatives, 10 a.m., SD–366. borne hazards and toxins from burn pits under certain Committee on Environment and Public Works: to hold hear- circumstances, S. 4384, to require the Secretary of Vet- ings to examine an original bill entitled, ‘‘American Nu- erans Affairs to address exposure by members of the clear Infrastructure Act of 2020’’, 10 a.m., SD–106. Armed Forces to toxic substances at Karshi-Khanabad Air Committee on Foreign Relations: to hold hearings to exam- Base, Uzbekistan, S. 4393, to improve the provision of ine the nominations of Jennifer Yue Barber, of Kentucky, health care and other benefits from the Department of to be the Representative of the United States of America Veterans Affairs for veterans who were exposed to toxic on the Economic and Social Council of the United Na- substances, S. 711, to amend title 38, United States tions, with the rank of Ambassador, and to be an Alter- Code, to expand eligibility for mental health services nate Representative of the United States of America to from the Department of Veterans Affairs to include mem- the Sessions of the General Assembly of the United Na- bers of the reserve components of the Armed Forces, S. tions, during her tenure of service as Representative of 332, to amend title 38, United States Code, to remove the United States of America on the Economic and Social the manifestation period required for the presumptions of Council of the United Nations, Keith W. Dayton, of service connection for chloracne, porphyria cutanea tarda, Washington, to be Ambassador to Ukraine, Julie D. Fish- and acute and subacute peripheral neuropathy associated er, of Tennessee, to be Ambassador to the Republic of with exposure to certain herbicide agents, S. 805, to Belarus, and Alex Nelson Wong, of New Jersey, to be amend title 38, United States Code, to improve the proc- Alternate Representative of the United States of America essing of veterans benefits by the Department of Veterans for Special Political Affairs in the United Nations, with Affairs, to limit the authority of the Secretary of Veterans the rank of Ambassador, and to be an Alternate Rep- Affairs to recover overpayments made by the Department resentative of the United States of America to the Ses- and other amounts owed by veterans to the United States, sions of the General Assembly of the United Nations dur- to improve the due process accorded veterans with respect ing his tenure of service as Alternate Representative of to such recovery, S. 514, to amend title 38, United States the United States of America for Special Political Affairs Code, to improve the benefits and services provided by in the United Nations, all of the Department of State, the Department of Veterans Affairs to women veterans, S. Edward A. Burrier, of the District of Columbia, to be 629, to require the Secretary of Veterans Affairs to review Deputy Chief Executive Officer of the United States the processes and requirements of the Department of Vet- International Development Finance Corporation, and erans Affairs for scheduling appointments for health care other pending nominations, 9 a.m., VTC. and conducting consultations under the laws administered Full Committee, to hold hearings to examine the by the Secretary, S. 2216, to require the Secretary of Vet- nominations of Erik Paul Bethel, of Florida, to be Am- erans Affairs to formally recognize caregivers of veterans, bassador to the Republic of Panama, Jonathan Pratt, of notify veterans and caregivers of clinical determinations California, to be Ambassador to the Republic of Djibouti, relating to eligibility for caregiver programs, and tempo- Barbera Hale Thornhill, of California, to be Ambassador rarily extend benefits for veterans who are determined in- to the Republic of Singapore, Thomas Laszlo Vajda, of eligible for the family caregiver program, S. 3235, to di- Arizona, to be Ambassador to the Union of Burma, and rect the Secretary of Veterans Affairs to conduct a pilot Kenneth R. Weinstein, of the District of Columbia, to program on posttraumatic growth, and an original bill be Ambassador to Japan, all of the Department of State, entitled, ‘‘Veterans Benefit Improvement Act of 2020’’, 3 and other pending nominations, 11:15 a.m., VTC. p.m., SR–325. Committee on the Judiciary: to hold an oversight hearing to examine the Crossfire Hurricane investigation, 10 a.m., House SD–G50. Committee on Oversight and Reform, Full Committee, Committee on Veterans’ Affairs: business meeting to con- hearing entitled ‘‘The Devastating Health Impacts of Cli- sider S. 3282, to amend title 38, United States Code, to mate Change’’, 11 a.m., Webex.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, August 5 10 a.m., Friday, August 7

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Friday: House will meet in Pro Forma ses- morning business. sion at 10 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Hice, Jody B., Ga., E724 Norton, Eleanor Holmes, The District of Columbia, Hoyer, Steny H., Md., E724 E723 Brady, Kevin, Tex., E727 Kinzinger, Adam, Ill., E727 Rouzer, David, N.C., E723 Cleaver, Emanuel, Mo., E724, E728 Larson, John B., Conn., E723 Vela, Filemon, Tex., E723 Gosar, Paul, Ariz., E724, E728 Mitchell, Paul, Mich., E727 Guest, Michael, Miss., E726 Neguse, Joe, Colo., E723

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