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Home , AC72, Bud Shuster, Ed Case, Frank McCloskey, Jim Himes, Medicare for All Caucus

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

Vol. 166 , THURSDAY, DECEMBER 17, 2020 No. 214 House of Representatives The House met at noon and was blazed a trail for me and other His- Defending the , called to order by the Speaker pro tem- panic Americans to serve our commu- which expanded health coverage to pore (Mr. CLAY). nities proudly in the people’s House. 270,000 New Mexicans; f I also owe my public service to he- Reaching across the aisle to pass roes a little closer to home: My moth- bills into law combating the opioid epi- DESIGNATION OF SPEAKER PRO er, Carmen, a retired public school em- demic that has ravished families and TEMPORE ployee; and my late father, Ben, a communities; The SPEAKER pro tempore laid be- union iron worker who became Speaker Working with my Republican col- fore the House the following commu- of the New Mexico House of Represent- leagues to make robust investments in nication from the Speaker: atives. They taught me that no job is our world-class national labs; WASHINGTON, DC, too big or too small, and that we must Creating good-paying jobs for New December 17, 2020. be guided by our compassion for others. Mexicans by passing measures to bol- I hereby appoint the Honorable WM. LACY It was their passion for serving others ster our State’s growing outdoor econ- CLAY to act as Speaker pro tempore on this that propelled me to seek public office. omy and to improve broadband deploy- day. Thanks, Mom and Dad. ment in our rural communities; , Passing legislation to preserve and Speaker of the House of Representatives. I also want to take this opportunity to express my gratitude to Speaker protect Native languages for future f PELOSI, Majority Leader HOYER, and generations; Ensuring New Mexico’s land grants MORNING-HOUR DEBATE Whip CLYBURN and countless other Members for their guidance and and acequias are treated with dignity The SPEAKER pro tempore. Pursu- and respect, and can continue to ant to the order of the House of Janu- mentorship during my career in the House and during these last 2 years thrive; ary 7, 2020, the Chair will now recog- And assisting thousands of New nize Members from lists submitted by that I have served as Assistant Speak- er. Mexicans in navigating our Federal the majority and minority leaders for agencies, helping veterans and seniors I want to thank my colleagues on morning-hour debate. secure their hard-earned benefits, tax- both sides of the aisle for your friend- The Chair will alternate recognition payers navigate the IRS, and new citi- ship and support. between the parties, with time equally zens through the naturalization proc- allocated between the parties and each And thank you to the freshmen Mem- ess. Member other than the majority and bers, the new Members, who I had the Mr. Speaker, I will include in the honor of working with and mentoring minority leaders and the minority RECORD a list of 29 bills I led and 10 whip limited to 5 minutes, but in no during the 116th Congress. During a dif- that I co-led that became law while I event shall debate continue beyond 1:50 ficult time in our Nation’s history, served in the House. p.m. your commitment to our constituents Come January, the Third District and the Nation has inspired me every f will have a new representative in Te- day. resa Leger Fernandez. I know she will FAREWELL TO THE HOUSE OF Thank you to my staff, who work be a champion for working families and REPRESENTATIVES long hours and weekends to serve the for New Mexico. I look forward to con- The SPEAKER pro tempore. The people of New Mexico. Their support tinuing to work with her and the rest Chair recognizes the gentleman from has enabled me to make progress on of my friends in the New Mexico dele- New Mexico (Mr. LUJA´ N) for 5 minutes. the issues that matter most to New gation from the other side of the Cap- Mr. LUJA´ N. Mr. Speaker, I am hon- Mexicans. itol. ored to rise for the last time on the And, finally, thank you to the people I am truly humbled that the people floor of the House of Representatives. of New Mexico’s Third Congressional of New Mexico have sent me to be their Growing up on a small farm in New District. It has been such an honor to voice in the . To Mexico, I never imagined that I would represent you. The House and I will be perfectly honest, it hasn’t sunk in walk these hallowed Halls and speak never stop working to make a positive yet. from this Chamber. Of course, I did not difference. But I will miss the people’s House. It get here alone. I stand on the shoulders I am proud of what we were able to has been the privilege of my lifetime to of giants like Dennis Cha´ vez and accomplish for New Mexico’s Third serve here alongside you. Let’s con- Manuel Luja´ n and many others who Congressional District: tinue to heed the call of the American

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 02:26 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.000 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7232 CONGRESSIONAL RECORD — HOUSE December 17, 2020 people and make a positive difference It took some time to put it back to- then my defeat 2 years later. It became every day that we can. gether and, of course, with Bill’s atten- apparent that political victories and f tion to detail, he made sure that every losses are as transient and vulnerable page was back in the right place. But as my son’s sandcastle on the beach. HONORING THE SERVICE OF BILL he never once ‘‘dropped’’ a bill for me. Especially in a district like ours, a HUGHES Bill is a consummate staffer and a Democrat in a ruby red and gerry- The SPEAKER pro tempore. The humble public servant. He works end- mandered district that President Chair recognizes the gentleman from less hours to ensure that I have the Trump carried by 13 points back in Louisiana (Mr. SCALISE) for 5 minutes. best information and the most impor- 2016, one that had not been served by a Mr. SCALISE. Mr. Speaker, I also tant facts about key legislation. He Democrat in my lifetime. wish my friend from New Mexico well never made himself part of the story. But we made it here by promising in the next phase of his life. I thank He is that kind of person who deflects something different, by promising to him for his service to our country. attention and credit. work with one another, reach across Mr. Speaker, I rise today to make a In doing so, Bill Hughes has earned the aisle, listen to those we may not bittersweet announcement, and that is the confidence, not only of me, but of agree with, and get things done. to say thank you to a member of my all the leaders that he has worked Washington, D.C., was rife with par- staff who has given 31 years of his life with. Speaker Boehner, Speaker Ryan, tisanship and chaos. However, I didn’t to this great institution. I am talking Leader MCCARTHY all have sought arrive 2 years ago to simply complain; about Bill Hughes. Bill’s advice and counsel during his I came to roll up my sleeves and be Bill Hughes has decided to retire at tenure as my policy director in the part of the solution. Or, as the old the end of the 116th Congress. More whip office. adage goes, I did not come to curse the than one person has remarked over the I am sad to have to say good-bye to darkness, but to light a candle. years that Bill Hughes comes with the Bill. We will miss the House Repub- But it wasn’t just about talk; it was building. Bill has been my policy direc- licans’ ‘‘Senate whisperer,’’ as we refer about action. We said we would work tor since I became the Republican whip to him. But very few have earned the across the aisle, and I was ranked the in 2014. He was my very first hire in thanks and best wishes that Bill leaves fourth most bipartisan Member in Con- that office. But his career was already this institution with. gress. Bill stands out among his peers and legendary when I asked him to unretire I said I would work with anyone to colleagues. He came to Washington and to join the whip team. get things done, and President Trump nearly 40 years ago with a servant’s Bill’s career embodies the American signed two of my bills into law. heart. He came here for a career in Dream. He grew up in South Dakota. I promised to protect our beautiful public service, and he leaves the House He didn’t have connections in Wash- shorelines in South Carolina, and we with more than 33 years of legislative ington. He just had a dream. He was passed my bipartisan bill that did ex- and executive branch experience. It is drawn to public service, and his breaks actly that. came through hard work. He became an truly a remarkable run. Bill is retiring to spend more time We showed that working together expert on the Federal budget and the with his wife and kids and the greener can manifest remarkable results, all of legislative process. pastures of his cabin in the mountains. which was made possible by the dedica- For 31 years, Bill has been part of If Bill wanted to continue to work, it tion of my incredible staff and with the some of the biggest policy debates, leg- would be right here in the House that love and support of my family. islative achievements, and history- Sadly though, here in Washington, he loves, and the House that will be making events of our time. He retires D.C., bipartisanship and civility seem forever indebted to his sacrifice, his still doing what he dreamed about to be the exception and not the rule. In wisdom, and his great love for the doing as a young kid growing up in my short tenure, I have been dis- United States of America. rural South Dakota. Bill, we were lucky to work with you, appointed with a lot that I have en- Bill has served as policy director for and America is a richer Nation thanks countered. a Speaker of this House. He served as to your service. You will be deeply I have seen Members consistently put staff director for a committee, as Chief missed here, but you have more than their party ahead of their own people; of Staff for a Senator, and a staff direc- earned the opportunity to enjoy this embracing conspiracy theories or argu- tor for the Senate Republican Policy next chapter in your already rich life. ments detached from reality while Committee. Thank you to Bill Hughes, and God knowing better and, sometimes, admit- He began his career at OMB under bless you. ting so privately. David Stockman back in the Reagan I have seen Members mock the Presi- f administration. dent behind his back and praise him to When I hired Bill, I hired the institu- FAREWELL TO THE HOUSE OF his face; loathe him in private and wor- tional memory of this place dating all REPRESENTATIVES ship him on television. the way back to the 98th Congress. He The SPEAKER pro tempore. The I have seen them intentionally has an encyclopedic memory of budget Chair recognizes the gentleman from spread misinformation and lies, flirt accounts, past appropriations battles, South Carolina (Mr. CUNNINGHAM) for 5 with white supremacists, and pander to Senate procedures, and, yes, also the minutes. the most extreme voices in our society. history of American music. You can Mr. CUNNINGHAM. Mr. Speaker, I And it has been for one reason and imagine some of those conversations rise with honor to address this Cham- one reason alone: self-preservation; that we have had through some of the ber one last time. And I say ‘‘with people more interested in protecting battles we have had up here. honor,’’ because it has been truly that themselves and their party than pro- His colleagues respect and admire to serve the people of South Carolina’s tecting our country; more interested in him; and more than one generation of First Congressional District. I want to keeping their job than doing their job. staffers have sought his advice, guid- thank them for that opportunity, par- Such reckless and selfish behavior ance, and mentorship. ticularly because, by most accounts, I has created a system where most poli- We have all been involved in drop- never should have been here in the first ticians can’t lose and most Americans ping a bill right over there on the place. can’t win. And when it is time to tack- House floor, but very few of us have I was reminded of that over the le the greatest challenges before us, dropped a bill the way that Bill Hughes Thanksgiving holiday as I walked on our leaders cannot even agree on the has. the beach on Sullivan’s Island with my problems, let alone the solutions. One day, when he was working for 2-year-old son, Boone. We were out Today’s elected leaders bear a tre- the legendary Bud Shuster, Bill came there searching for a sandcastle that mendous responsibility to be the running down to the floor with a 1,700- he had built the day before, but I knew custodians of our young and fragile de- page infrastructure bill to get it intro- it had been washed away by the tides. mocracy. And make no mistake, our duced so it could get voted on, and he I thought about the slim chances I democracy has been battered and literally dropped the bill on the floor. had of making it here back in 2018. And bruised, but it is not yet broken. And

VerDate Sep 11 2014 02:26 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.002 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7233 to save it, we must agree on one basic In 2005, a bipartisan Commission on HONORING VICKI WAGNER truth: that the other side is not the Federal Election Reform co-chaired by MANSFIELD Democrat President Jimmy Carter and enemy. The enemy is the stubbornness The SPEAKER pro tempore. The Reagan White House Chief of Staff of our own biases. Chair recognizes the gentlewoman from James Baker issued a 105-page report b 1215 (Ms. STEVENS) for 5 minutes. specifically warning about the very The enemy is a political system that same systemic flaws the socialist Ms. STEVENS. Mr. Speaker, I rise seeks to divide us for sport. Let’s fight Democrats used in 2020 to steal elec- today to honor my friend and the ray that and not each other. Our country is tions. The commission report warns: of light that was Vicki Wagner Mans- facing some serious issues right now, ‘‘Elections are the heart of democracy. field, a resident of Troy, Michigan, who and our country will be much better If elections are defective, the entire passed away last month after a 2-year served if Democrats and Republicans democratic system is at risk.’’ battle with brain cancer. can come together. Vicki, simply put, was a pillar of our Concerning noncitizen voting, the My grandfather always told me that community, known and beloved by commission warned of a growing non- you can get through about any problem many. She was raised in Grosse Pointe, citizen voting threat, citing 784 noncit- if you actually sit down with somebody Michigan, and she moved to Troy with izen votes in a contested and have a beer together. I have been her husband, Bruce, in 1985 to raise congressional race. The commission trying to work with people since the their family. recommended that ‘‘all States should first day I got here. I won’t ever stop use their best efforts to obtain proof of Her memory is carried forward by her reaching across the aisle or trying to citizenship before registering voters.’’ beloved Bruce; her two amazing daugh- work with one another or sitting down ters, Abbey and Rachel; and her de- and having a beer and listening to each Of course, that means repealing the lightful grandson, Hank. socialist Democrat law that makes it other. Vicki was known as a loving wife, illegal for voter registrars to require For the betterment of this country, mother, grandmother, daughter, sister, proof of citizenship when illegal aliens we have to come together. We have to friend, and aunt. She is celebrated in and other noncitizens demand to be sit down, listen to each other, and our community for her artistic cre- registered to vote. maybe even have a beer. ativity, that forthrightness, her fierce In the spirit of bipartisanship and co- Concerning vote-by-mail schemes, loyalty, and the contributions that she operation, I raise this glass to my col- the commission warned that vote by made as an active in our leagues, both Democrats and Repub- mail is ‘‘likely to increase the risks of community. fraud and of contested elections,’’ add- licans. Vicki was a mother’s mother. She ing that it remains ‘‘the largest source f was active in PTA, school events, and of potential voter fraud’’ because it is political activities, always with the WARNINGS FROM BIPARTISAN ‘‘vulnerable to abuse in several ways. goal of: How do I make this world a COMMISSION ON FEDERAL ELEC- Blank ballots mailed to the wrong ad- better place? TION REFORM dress or to large residential buildings The SPEAKER pro tempore. The might get intercepted. . . . Vote buy- So many former students through Chair recognizes the gentleman from ing schemes are far more difficult to the Birmingham school system have stood up to say how much Vicki meant Alabama (Mr. BROOKS) for 5 minutes. detect when citizens vote by mail.’’ Mr. BROOKS of Alabama. Mr. Speak- to them, how involved she was as a par- The commission recommended mini- ent with the Girl Scouts or in a play er, this is my eighth speech in a series mizing voting by mail. on voter fraud, election theft, and the that she did. It was always because she On voter ID, the commission warned cared about the outcomes of their Presidential election. that the lack of photo ID opens the There are three major flaws in Amer- lives. door to voter fraud and strongly rec- Vicki took the time in some of the ica’s elections that socialist Democrats ommended a photo ID requirement for exploit to steal elections. remaining days that she had to mes- voters, noting that ‘‘photo IDs cur- sage me to say—not with a complaint First, voting by illegal aliens and rently are needed to board a plane, other noncitizens is rampant because or with a question—how much she enter Federal buildings, and cash a cared about the work that we do in the socialist Democrats made it illegal to check. Voting is equally important,’’ require proof of citizenship when ille- Congress, to pass along to those who and that ‘‘voters in nearly 100 democ- are in elected office a note of gratitude gal aliens and other noncitizens de- racies use a photo identification card mand to be registered to vote. In 2020, and thanks to say keep going, keep giv- without fear of infringement on their ing it all you can. hundreds of thousands, and more likely rights.’’ millions, of illegal aliens and other That is certainly something that The commission recommended that noncitizens legally voted for Joe Biden Vicki did every day of her life. ‘‘citizens should identify themselves as after he promised them amnesty and Her passing is also a stark reminder the correct person on the registration citizenship if he is elected President. of our work ahead to improve the re- list when they vote.’’ The problem ‘‘is Second, vote-by-mail schemes are search and treatment of cancer in this not the magnitude of the fraud. In both horribly prone to voter fraud and country. Glioblastoma is a common close or disputed elections, and there are illegal because they violate Article and aggressive brain cancer with an are many, a small amount of fraud I, Section 4 of the Constitution and unfortunately high mortality rate. A could make the margin of difference.’’ Congress’ ensuing designation, with strong Federal investment is essential minor exceptions, of one 24-hour day as How prophetic. to improve our understanding and care the election day during which citizens Mr. Speaker, America’s republic is of this tragic disease and for the pro- can vote. Yet, in 2020, socialist Demo- only as good as its election system. On viders like those at the Henry Ford crats foisted vote-by-mail schemes on January 6, 2021, I have a choice. I can Medical Center and what they rely on America in order to more easily engage ignore truth, surrender to socialism, for good research. in voter fraud and election theft. and accept electoral college submis- I carry Vicki’s light like a torch in Third, the lack of photo ID require- sions from States with election sys- the fight for increased funding for can- ments makes it easier for paid socialist tems so badly flawed as to render their cer research. As we inch toward this Democrat election thieves to steal vote submissions unreliable, deadline to fund our government, I con- elections with voter impersonators. untrustworthy, and unworthy of ac- tinue to urge and work with my col- While socialist Democrats and the fake ceptance. Or I can fight for America leagues to join me in supporting robust news media repeatedly and falsely and move to reject them. brain cancer research funding at the claim there was no voter fraud in 2020, I can’t speak for anyone else, but as NIH and DOD to continue this life- what is most startling is this: America for me, from Alabama’s saving work. We cannot let those suf- was warned 15 years ago that this Fifth Congressional District, I choose fering from brain cancer and their fam- would happen. to fight for America. ilies fail.

VerDate Sep 11 2014 02:26 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.004 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7234 CONGRESSIONAL RECORD — HOUSE December 17, 2020 CONGRATULATING GAIL down barriers in delays. To develop a Downtown Development Authority LANGWORTHY ON HER RETIRE- safe, effective vaccine in under a year Board, which supports the businesses MENT is a testament to the incredible sci- on Main Street, many of which have The SPEAKER pro tempore. The entific progress we have seen over the been devastated by the pandemic. Chair recognizes the gentleman from years and the refusal of scientists to Richard has had a front row seat to (Mr. THOMPSON) for 5 surrender to this terrible virus. how critical the situation is, so he minutes. The marshaling of the public sector wrote me, asking what the Federal Mr. THOMPSON of Pennsylvania. and the private sector together by Government is going to do to save Mr. Speaker, I rise today to thank and President Trump has really resulted in small businesses from bankruptcy. congratulate Gail Langworthy, an in- this vaccine that we have all been des- I had the chance to talk to Richard credibly kind and dedicated employee perately waiting on. The vaccine is a over the phone this week, and we of mine who has served my constitu- critical step in saving lives, saving agreed that small businesses need loans ents for 8 years back in the district. jobs, and saving our economy. and clarity on whether those loans will Gail is moving on to an exciting new I thank President Trump for his lead- be forgiven or if they can deduct that phase of her life, and she is leaving our ership in Operation Warp Speed, and I loan in tax season. This is what we will office to enjoy her retirement. thank all the incredible scientists, doc- hopefully be voting on in the next 48 When Gail isn’t working hard for the tors, medical professionals, and the hours in the update to the PPP pro- people of Pennsylvania’s 15th Congres- others who have helped make history. gram. sional District, she is an active volun- f Richard and I do not see eye to eye teer for the Breedtown Cemetery Asso- on every issue, but when it comes to COVID RELIEF ciation in Venango County. She enjoys our local businesses, we are residents dancing, visiting her three grand- The SPEAKER pro tempore. The of Holly first. We agree that small children in , and exploring local Chair recognizes the gentlewoman from businesses need a bridge to get them trails while riding bikes with her hus- Michigan (Ms. SLOTKIN) for 5 minutes. through the next year when the vac- band, Jeff. Ms. SLOTKIN. Mr. Speaker, today, cine will be widely available. After all, Gail has also been described as an on the eve of a hopeful vote on the next it is business owners like Richard who avid thrift shop and yard sale junkie. COVID relief bill that our Problem have shown the grit and resilience Gail will be missed by our entire team, Solvers Caucus has so ably led the needed to adapt to these challenging but I am happy for her as she begins charge on, I rise to tell the stories of times. It is only right that we have this new adventure. three individuals from my district. their backs when they need it most. Thank you, Gail, for your hard work, Their stories represent just a fraction Mr. Speaker, lastly, I am pushing for dedication, and service, and enjoy your of the messages I have been receiving this bill because of Karli. She is a serv- retirement. on COVID relief. er at Mackle’s in Hartland, Michigan— RECOGNIZING DAVE BAILEY ON HIS RETIREMENT But today, on the floor of the peo- where, by the way, they have the best Mr. THOMPSON of Pennsylvania. ple’s House, I rise because they deserve buffalo chicken wing tenders ever—and Mr. Speaker, I rise today to recognize to be heard. Their stories are the rea- the best part of the job for her is cre- Mr. Dave Bailey, who has worked for 31 son we refuse to go home for Christmas ating memorable experiences for guests years for the Office of the Chief Admin- without an agreement. They are why who come to share a meal. But these istrative Officer by supporting Member we continue to fight until a deal is days, with the kitchen converted fully offices with all sorts of technology reached. to takeout, she is working half as needs. First, I would like to talk about Bob, many shifts and taking home half the Dave has been a frequent visitor to who wrote to me from Brighton, Michi- pay she used to. our office to help me and my staff with gan. Bob is a pillar of his community. COVID blindsided her and the rest of our computers any time that we had an After serving his Nation in the Army the service industry, and now she is issue. He also played a critical role in National Guard for 6 years, he has been worried about the bills that are piling ensuring our office was ready to giving back to his fellow veterans for up. In between shifts and stretching telework as we transitioned our lives over 21 years as a district post com- every paycheck, she is going to school online at the start of this pandemic. mander for The American Legion. to become a nurse, joining the absolute Simply put, we would not be able to But for the first time in 16 years, Bob front line of America’s latest war. Sim- do our jobs without people like Dave recently found himself laid off from his ply put, she can’t imagine going into Bailey. job in construction due to the the new year with no extra help. I am disappointed that I will not be coronavirus. To cover his expenses, Mr. Speaker, she ends her letter with able to share my well wishes with Dave like 171,000 others in Michigan, he had these words: ‘‘Please help take care of in person, but I wanted to take this op- to file a first-time claim for unemploy- us so we can get back to taking care of portunity to thank him for his three ment insurance. Despite being eligible you as our guests.’’ decades of service and for all the help for the State’s maximum benefit, he Take care of us so we can take care that he has provided me in my office. cannot make ends meet. of you. Dave, be well, and enjoy your much- Between medications and health in- Mr. Speaker, think about that for a deserved retirement. surance, mortgage and car payments, moment. In the middle of a global pan- COVID VACCINE utilities and food, he is having to turn demic, one that has claimed 300,000 Mr. THOMPSON of Pennsylvania. to his savings, and he knows that won’t American lives and upended our way of Mr. Speaker, this week, we reached a last long. life, that is the mantra of folks on the truly incredible milestone in the fight Bob is responsible, a straight shoot- ground, folks who just want to take against coronavirus. er, and he has served our country. He is care of their neighbors and their com- On Monday, the first COVID–19 vac- the kind of Michigander who anyone munities. They are not asking for the cine developed by Pfizer was adminis- would want in their corner, but right government to solve every problem, tered, and today, the FDA is meeting now, he is asking for help, not some- but they expect their government to to approve the Moderna vaccine. time in the future, not after the inau- act. The timeline of vaccine development guration of a new President. For residents in my district, an was made possible by Operation Warp He is asking us to pass a bill that agreement is more than just numbers Speed, and it is truly a modern medical helps the millions of Americans who on a page. It is a ray of hope that miracle. In the 1930s, at the University are in need. It is our job, and it is our maybe they will spend Christmas a lit- of , Dr. Jonas Salk began duty to rise to that call. tle less worried. It is a new year that work on a polio vaccine. It wasn’t until they can truly look forward to. It is a 1953, 23 years later, that the vaccine b 1230 sign that, when their backs are up was successfully tested. I am also pushing for relief for Rich- against the wall and they need help, Operation Warp Speed has helped ard, who is from my hometown of Congress can get in a room and agree shrink the vaccine timeline and knock Holly, Michigan. Richard chairs our on a deal.

VerDate Sep 11 2014 02:26 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.006 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7235 Mr. Speaker, we are so close to that and a sincere love of country. She has ourselves. Service means listening to finish line, and so I ask all my col- always been committed to the next and working with others, even when we leagues to join me in heeding the pleas generation of congressional staff and disagree. of Bob and Richard and Karli. Let’s do has been a respected mentor to many Service is not about winning at all the right thing. Let’s pass a bill so we of the staffers, both in my office and costs. It is not about us versus them. It can help those who need it the most. around Capitol Hill. Her leadership in is about all of us working together. f my office was invaluable, and she will Service means leaving the world and be missed by her colleagues as well as our country a better place than we RECOGNIZING PAMELA DAY myself. found it. The SPEAKER pro tempore. The Mr. Speaker, it has been my great I still believe that we can do that, Chair recognizes the gentleman from honor to call her my chief of staff and that we must do that, that we must Alaska (Mr. YOUNG) for 5 minutes. an even greater honor to call her my leave this country better than we Mr. YOUNG. Mr. Speaker, I rise friend. found it. And, no, it is not easy. It today to recognize my chief of staff, Pam, I wish you the best in your re- takes work, but it is worth it. Pamela Day. Next month, after 25 tirement. You have certainly earned it. Mr. Speaker, during the 116th Con- years of service—17 of them in my of- God bless you, Pam, and thank you for gress, I held 54 townhalls, a record for fice—Pam will begin her well-earned your service. Oklahoma’s Fifth District. I met with retirement. f thousand of Oklahomans: individuals, Pam first arrived on Capitol Hill as a businesses, and organizations. It was college student and served in my office FAREWELL REMARKS worth it because connecting with con- with my friend, the late Representative The SPEAKER pro tempore. The stituents and making sure their voices Ben Gilman of . She first Chair recognizes the gentlewoman from are heard is a critical part of this job. started in my office as a legislative as- Oklahoma (Ms. KENDRA S. HORN) for 5 One of the most frequent questions I sistant, and her policy knowledge and minutes. had heard time and again—one that genuine desire to serve my constitu- Ms. KENDRA S. HORN of Oklahoma. broke my heart—was when people ents quickly became apparent. Mr. Speaker, I rise today to reflect on would ask me if it was even worth it to Because of her hard work, determina- what has been the greatest honor of my work across the aisle to try to get tion, and positive attitude, Pam was life: the opportunity to represent my things done, whether it was even pos- promoted to legislative director, dep- home State and Oklahoma’s Fifth Con- sible to find compromise and common uty chief of staff, and, eventually, she gressional District here in the people’s ground in today’s bitter political cli- became my chief of staff. Her leader- House. mate. My answer was the same every ship in my office has been invaluable. This is not an honor that I take time: Absolutely. It is no secret, as dean of the House, lightly, nor is it a responsibility that I We can and we must. We have done it I have been here for a long time. As a could have carried alone. before. Compromise takes hard work Member of this institution for nearly First and foremost, I begin by saying because it is always easier to walk 20 years, Pam stuck with me through thank you. away from the table, to point fingers, thick and thin, and I will always be Thank you to my family, to my par- than it is to find a path forward. But grateful for her faithful service. ents, grandparents, great-grand- finding common ground is worth it She is well respected by everyone, parents, my friends, and all of those every time because, when we talk from alumni of my staff and her col- who have supported me throughout my about service and working on behalf of leagues on Capitol Hill, to leaders in life, who taught me the lessons about our districts, to me, the best service we the State of Alaska and advocates far caring for our community, lessons can provide here in Congress is putting and wide. You simply do not achieve about hard work and determination, politics aside and getting the work this level of respect unless you set the about living the Golden Rule—the done for the people we represent. It is gold standard for what a congressional Oklahoma standard. with hard work and commitment to staffer should be. Pam has gone above Thank you to all my teachers and talking to each other that we can do and beyond at every turn. guiding voices who showed me, through that, and we have proven it over and Mr. Speaker, a chief of staff doesn’t words and actions, the value of service, over again here in the 116th Congress. just assist the Member; they have an the importance of showing up for each Mr. Speaker, I am proud to say that, entire team of employees who, at any other and standing up for what is right. in this Congress, that is what I have given time, are working on countless Thank you to Oklahomans who have done. I have had 25 bipartisan bills issues. My staff would agree, Pam is shown up to make their voices heard. signed into law in the midst of a di- admired, respected, and will be deeply It is because of you we were able to ac- vided government, those that make a missed. complish everything we did. It is be- real difference for our country and the Pam’s tenure has seen many of the cause of you that we were able to do people of Oklahoma’s Fifth District, victories I am proud of. She served in what others said could not be done. legislation like my Military Tenant’s my office while I served as chairman of Mr. Speaker, I express my gratitude Bill of Rights and the Military HOMES the Committee on Transportation and for my staff, who worked day and night Act, which work to address sub- Infrastructure and passed our land- to serve the Fifth District: my legisla- standard and unsafe housing on our mark highway bill, SAFETEA-LU. She tive team who made sure that, with military bases; bills like the PPP also helped pass reauthorization of the every vote I took, I did what was right Flexibility Act, which extends finan- Magnuson-Stevens Fishery and Con- for Oklahoma; my caseworkers, who cial support to small businesses during servation Management Act. And her were nothing short of lifesavers. Their this pandemic; and legislation like the commitment to constituents has work to help veterans and seniors, to USMCA trade deal and the CARES Act, helped secure millions of dollars for or- help workers and small businesses and which all needed bipartisan support to ganizations that serve Alaskans and struggling families during this pan- pass. Americans from all walks of life. demic literally saved lives. These things made a difference. They Aside from legislative victories, Pam Each and every one of my staff were accomplished because we worked understood the importance of the rela- pushed themselves, not for my personal together. We were able to get them tionships in Congress. She made sure end, not to make a political point, but signed into law. We have accomplished that my office was always in good spir- to serve a district and people that they real things over the past 2 years in its. And as many will attest, she en- care about, to help people who need it, service to our country, but only by sured that our annual office Christmas and to make Oklahomans heard in Con- working together. parties were the best on the Hill. gress. After all, that is why we are And there is so much more left to be Mr. Speaker, I am very proud of Pam, here. done. We have work to do to deliver and I am saddened to see her go. She Members and staff alike, we are here quality, affordable healthcare to all served me, our State, and our Nation to serve, and public service means put- Americans. We have to strengthen our with professionalism, commitment, ting the best interest of others before public education system. We have to

VerDate Sep 11 2014 02:26 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.008 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7236 CONGRESSIONAL RECORD — HOUSE December 17, 2020 work to create economic opportunity the Kingdom of Jordan and more than Nicole’s faith was a cornerstone for all. And we must face the realities 40 years since the historic Camp David throughout her fight. With her strong of inequity and injustice and systemic Accords and peace between Egypt and faith in God, she used her illness as an racism, and the work that has yet to be Israel. opportunity to minister and inspire her done to build a stronger America. Since those historic agreements, the players and students. There are no easy answers to these United States’ efforts to further peace Nicole was also an incredible wife challenges. Simply put, there is no sil- in the Middle East have stumbled and and mother. Her legacy will live on ver bullet or hashtag that will solve faltered, with little to no significant through her team and her husband, these deep-seated issues, but there is a progress shown. In fact, the situation Scott, and their four children: Garrett, right way to work towards a solution: for Israelis has been more dangerous in Ashton, Abbey, and Nathan. by working together. recent years, with terrorist attacks She will be missed by her commu- Mr. Speaker, at this moment of fear and rocket bombardments becoming a nity. I offer prayers for comfort to her and division, we have a choice: to re- near regular occurrence. family and condolences. Thank you for treat into our corners and find our- Expanding diplomatic relations be- sharing her with our community. selves pitted against each other, to fall tween Israel and these other nations f further into this well of darkness, or to will be beneficial to pushing back CELEBRATING ATLANTA-BASED come together and find a pathway back against the Iranian mullahs, Hezbollah, BUSINESSES to civility, to remember that our and other extremists in the region. neighbors’ fears and struggles and chal- I look forward to the United States The SPEAKER pro tempore. The lenges are not that different from our working together with Israel and these Chair recognizes the gentleman from own. new partners at the table to solve the (Mr. HALL) for 5 minutes. Mr. Speaker, this is a choice each of crisis in Syria and to counter the Mr. HALL. Mr. Speaker, I rise today us must make, and we must urge our mullahs in Iran. to celebrate several businesses and Mr. Speaker, many of us in Congress Nation’s leaders to make the choice issues essential to Georgia’s Fifth Con- encourage the incoming Biden adminis- correctly. We need leaders who will gressional District and to greater tration to build on these historic posi- solve problems rather than create metro Atlanta. tive developments and not fall back them, who will remind us of what we As many in this Chamber likely into the failed Middle East policies of can accomplish together when we try. know, my district is home to the past. At this moment in time, we need lead- Hartsfield-Jackson Atlanta Inter- ers who will renew our commitment to b 1245 national Airport. As many also know, unity and public service because there HONORING THE LIFE OF THOMAS ALBERT PARRIS the coronavirus pandemic has ravaged is so much at stake. Mr. HILL of Arkansas. Mr. Speaker, I air travel, an industry critical to my Mr. Speaker, we have more in com- rise today to honor the life of a great district. mon than we have that is different. We American, Thomas Albert Parris. He Which is why this morning I am have more that unites us than divides was 87 years old. proud to celebrate Delta Airlines and us. And to make this great experiment After joining the Air Force in 1948, at Hartsfield-Jackson for the inaugural that is our Nation work, we must rec- age 14, Mr. Parris was stationed in Ger- quarantine-free, COVID-free flight ognize a fundamental truth: many for 2 years, where he drove an from Atlanta to Rome, Italy. We are a government of the people, ambulance and became a medic. Mr. As former chair of the international and that means we have to work for ev- Parris continued to serve in that ca- committee in the Atlanta City Council, eryone. We are a government by the pacity at various Air Force bases in I challenge the House Foreign Affairs people—not by a party, not by two sep- the U.S. and abroad. Committee to facilitate measures that arate peoples, by the people. While stationed in the Azores, Mr. encourage more of this. Mr. Speaker, to move ourselves for- Parris assisted in delivering 395 babies. My responsibilities attendant to the ward for the people, to keep our democ- After retiring from military service, Fifth Congressional District prevented racy strong, we must recognize the hu- Mr. Parris owned several gas stations, me from joining this group on this del- manity in each other. Our Nation’s fu- worked on nuclear submarines, became egation, but I hope to be on later ture hangs in the balance. a private pilot, and trained racehorses. flights. f Most recently, he was recognized by I also rise to raise attention to the the Cherokee Nation of Oklahoma and need for renewed support of the former COMMEMORATING THE ABRAHAM awarded the Cherokee Warrior Medal OPIC-like activities via the DFC, the ACCORDS of Patriotism by Chief Chuck Hoskin, Development Finance Corporation. At- The SPEAKER pro tempore. The Jr., and the Tribal council members. tention to developing nations in Africa, Chair recognizes the gentleman from I join Arkansans, Oklahomans, and like Nigeria, Ghana, and Ethiopia; the Arkansas (Mr. HILL) for 5 minutes. all Americans in recognizing Mr. Par- Caribbean; South and Latin American Mr. HILL of Arkansas. Mr. Speaker, ris’ years of service and honoring his countries, such as Brazil and ; as this year draws to a close, I rise to remarkable life. I pray he rests in Central Asia and Asia are in need of commemorate the historic Abraham peace. support. Accords. HONORING THE LIFE AND LEGACY OF NICOLE This morning, I also want to cele- After years of foreign policy experts INMAN brate Home Depot, the world’s largest saying it could not be done, President Mr. HILL of Arkansas. Mr. Speaker, home improvement store, with more Trump and his team have now brokered today, I rise to recognize Nicole Inman than 2,200 stores, employing 400,000 in- peace between Israel and the Kingdom and her great memory, who, over the dividuals. Under the vision of Arthur of Morocco, the fourth such agreement past many months, was recognized by Blank, the Home Depot supports count- in just 4 months. her friends, family, and colleagues as a less lives and families and continues Because of these remarkable diplo- warrior of hope. Nicole recently lost their unwavering support of veterans. matic accomplishments, we will seek her battle with cancer. We know that the COVID pandemic continued cultural, diplomatic, and Many across Arkansas are mourning has affected many industries, including economic visits and exchanges between her passing. home improvement. Many employees Israel and Bahrain, Israel and the Nicole was the Bryant High School in industries all across the country Emirates, Israel and Sudan, and, now, girls’ soccer coach, who led the pro- have been deeply affected by the eco- Israel and Morocco. gram to its second Class 6A state nomic toll caused by the pandemic, I believe that this represents a his- championship in May 2019, the same which is why the stimulus discussions toric paradigm shift in the region and year she was awarded Coach of the occurring in the Capitol, if reports are gives momentum to ultimate peace be- Year by the United Soccer Coaches. to be believed, are still somewhat in- tween Israel and the Palestinians. She was more than a coach and a sufficient. We simply cannot be con- Mr. Speaker, it has been more than teacher; she was an inspiration on and tent with $600 payments. $600 per per- 20 years since Israel signed peace with off the field. son is not enough. Frankly, my flights

VerDate Sep 11 2014 02:26 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.009 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7237 here are about $300. So I am sure we have been attacked repeatedly by the A few weeks ago, my office launched can do better. Democratic Party and their friends in a local heroes initiative to showcase Mr. Speaker, as we enter the holiday the mainstream media. the countless people in Pennsylvania’s season, I also want to spotlight other Mr. Speaker, even now, Democrats Fifth Congressional District who have Atlanta organizations for their support are still peddling a facade of being the gone above and beyond to help those in of those in need. I want to celebrate party of the people. However, their out- need throughout this crisis. In just the Tyler Perry Studios for telling uplift- right rejection of those who hold dif- first few days, we received over 100 sub- ing and inspiring stories and using ferent beliefs just goes to show how missions, and it has grown since then. their state-of-the-art facilities to sup- contradictory the party truly is. From nurses on our front lines to port 5,000 families with food this past Meanwhile, the Republican Party children organizing food drives, we Thanksgiving. welcomes members from all different were overwhelmed by the stories of re- I also want to acknowledge two non- backgrounds. Just look at the diverse silience, ingenuity, and absolute deter- profit organizations—Caring for Others new Republican representatives that mination by members of our commu- and Hosea Feed the Hungry—that are the American people elected to Con- nity whose stories we don’t hear both helping to fill the gaps during this gress: women, veterans, and minorities. enough. So, today, I want to share a pandemic. Those are the Republican candidates few of their stories. We, in Congress, also need to do our from across the country who have I am talking about people like Ni- part. As I stated earlier, we can do bet- proven that Republican values are not cole, an emergency manager, who is ter than the $600 being discussed in this the values of a few; they are the values now serving our community by running stimulus proposal. It is a good start, of many. two emergency rooms due to the over- but it is not enough. If we look at the centennial of the whelming number of COVID–19 cases. There are other Atlanta-based com- 19th Amendment that happened this Aunt Nee Nee, as she is known to her panies that are doing notable work year, we see the same disinformation beloved nieces and nephews, has only that merit recognition: UPS, which has tactics at play. Democrats harp inces- been able to see her family for limited been critical in the disbursement of the santly about how they were the ones amounts of time, if at all, since the COVID vaccine; and other companies, that fought for the 19th Amendment, pandemic started. like Global Payments and Equifax. but history tells a different story. On People like Jillian, a mom of three, Later this week, I also plan to intro- May 21, 1919, 200 Republicans voted for who regularly works 15-hour shifts in duce legislation to advocate for the the 19th Amendment in the House, the ER, then comes home, disposes of continuation of the Loop while many Democrats objected. her scrubs in a bin so she can hug her Mr. Speaker, facts can’t be forsaken and Campbellton Road. Also in need of kids and help them do their school- as we look back at these historic inclusion is Old National Highway, work. She is a real-life superhero. events. However, flip through the pages Fulton Industrial Boulevard, Candler Young people like Emily, just 14 of any classroom textbook and you do Road, Camp Creek, and Martin Luther years old, who, when she realized that not see the Republican Party getting King Drive. They all need relief now. some children in our community would the credit it deserves for fighting for They are critical to job creation in our be without holiday gifts this year, or- equality, women, and minority popu- ganized a toy drive, contributing her community and need investment. lations. f Americans are not consigned to one babysitting money and recruiting her younger brother and sisters to help THE REPUBLICAN PARTY IS THE set of political ideologies based on im- make cards and wrap the gifts. PARTY FOR ALL mutable characteristics. Free societies are built by an open exchange of ideas, People like Michelle, a nonprofit The SPEAKER pro tempore. The and that exchange must be respected. leader, who has ensured that our Chair recognizes the gentlewoman from The American people do not need to LGBTQ communities are not left be- North Carolina (Ms. FOXX) for 5 min- be told how to feel, how to think, and hind during this crisis; working to se- utes. what values they should support. That cure housing, food, and medications for Ms. FOXX of North Carolina. Mr. is irresponsible. The American people immunocompromised community Speaker, on December 4, Speaker are perfectly capable of coming to members. PELOSI and Congressman CLYBURN an- their own conclusions, but they need Teachers like Jimmy, from Upper nounced the unveiling of a new exhibit the facts presented to them. Darby, who knows how hard this tran- in the Capitol that pays tribute to Jo- The Republican Party is the party of sition has been for both students and seph Rainey, the first Black Member of equality, and the facts clearly show teachers. So he has gone above and be- the House of Representatives. that. yond to share acts of kindness, like He served from 1869 until 1879. He was f dropping off doughnuts for his fellow the first African American to preside teachers or helping students get help over the House, and he was the longest- RECOGNIZING LOCAL HEROES to obtain the technology they need for serving Black lawmaker in Congress The SPEAKER pro tempore. The virtual learning. during Reconstruction. In fact, he was Chair recognizes the gentlewoman from People like Ala Stanford and the a founding member of the South Caro- Pennsylvania (Ms. SCANLON) for 5 min- Black Doctors COVID–19 Consortium, lina Republican Party. utes. who organized free COVID testing for Two other Republicans, George White Ms. SCANLON. Mr. Speaker, over the our most at-risk communities when it and Jefferson Long, made history as last 10 months, the COVID–19 pandemic became apparent that they could not the first Black Members of Congress has had a devastating impact on our otherwise obtain testing. from North Carolina and Georgia dur- communities: from our frontline heroes County employees, like Ed and ing the same period. George White, working around the clock to families Gayle, who have reinvented and orga- from North Carolina, was a staunch ad- who have gone hungry, to the millions nized dozens of drive-thru food drives vocate for other Black Republicans in who have lost their jobs, and, to help feed our neighbors and keep the the State and often took Democrats to heartbreakingly, the over 300,000 who donors safe. task for not accepting the values that have lost their lives. These local heroes should inspire all other Black Republicans held as well. While many of us believe that the of us, no matter what our party, to Their stories deserve due recognition, Federal Government can and still fight for more relief that the American and they also serve as reminders that should do much more to alleviate the people deserve. political affiliations of any type are impact of the pandemic, we all can be Every day we delay getting relief to based on the values that one espouses, inspired by the compassion, innova- them means more businesses go under, not just the color of one’s skin or sex. tion, and resilience of the people in our people get sicker, more Americans die, It is unfortunate that more Black communities who have stepped up to and families are stretched even thinner Republicans are not elected to the serve and to try to fill the needs laid financially. We have got to get this House of Representatives or to the Sen- bare by this crisis. They are our local done. The American people cannot ate. That is because Black Republicans heroes. wait.

VerDate Sep 11 2014 02:26 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.011 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7238 CONGRESSIONAL RECORD — HOUSE December 17, 2020 THANKS TO THE STAFF OF GEOR- because someone knocked on the door, Church, where the renowned gospel GIA’S SEVENTH CONGRESSIONAL but simply because she lives a life of singer Mahalia Jackson was a member, DISTRICT looking for opportunities to make and she also sang in the choir. The SPEAKER pro tempore. The other people’s lives better. She met and married her second hus- Chair recognizes the gentleman from She finds herself out in the commu- band, Mr. Andrew Atchison, who nity each and every day, not just serv- Georgia (Mr. WOODALL) for 5 minutes. worked for the Diamond Glue Factory. Mr. WOODALL. Mr. Speaker, I rise ing us but fulfilling a true heartfelt She found a job cleaning railcars for today to thank the men and women mission to see what she can do that the Pennsylvania Railroad and worked that I have had the pleasure of working others could not. An amazing woman, there until her retirement in 1970. with over these 10 years in Congress. an amazing mother, and certainly an Mrs. Atchison and her husband be- When you announce that you are re- amazing public servant, and I thank came very productive citizens and de- tiring, folks need to start looking for her for that. veloped a reputation for helping others Derick Corbett, Mr. Speaker, I had that next opportunity. So the people less fortunate than themselves. She be- the pleasure of hiring him back in the who stick it out with you are a special came known to many as Big Mama, not year 2000. I didn’t think he was going breed. So, too, are those men and because of her stature, but because she to amount to much at that time, but women who come and join you, know- embraced any and everyone who needed we needed somebody on the bottom ing that their service will be short. help that she could help. rung of the ladder and he agreed to Mr. Speaker, there are three such She and her husband lived in the raise his hand and do it. people: Sean Lerner, Emily Macdonald, heart of the Bronzeville community He could not be more of a rock, a until they were forced out to make and Tomas Rodriguez. Knowing I was rock for our office, a rock for our com- going to retire, they came and joined room for the Institute of Tech- munity. The common refrain I find nology. They protested and held the fight to serve the men and women when I go out into the district is: ‘‘Hi, of the Seventh District of Georgia and marches around city hall but lost. Rob, good to see you. Where is After her husband died, she pur- have done an amazing job for me over Derick?’’ because he has such an im- the past year. chased a two-flat building in the Engle- pact on folks. wood community and kept on helping Catherine Morvis, a name long He won’t take ‘‘no’’ for an answer known in Georgia circles, having people. when a Federal agency won’t serve a On November 23, 2020, after 109 years served with Congressman Phil Gingrey, constituent. He demands the service came back to the Hill to help keep and 3 months, Rosie passed away, leav- that each and every citizen knows that ing 2 daughters; 15 grandchildren; 60 things together for me and move us they deserve. across the finish line. She is still serv- great-grandchildren; 95 great-great- He is an even better husband and an grandchildren; 24 great-great-great- ing even today. even better father than he is a public Mr. Speaker, I have longtime staff- grandchildren; 1 sister, Ms. Josephine servant. Liner Wilson; and a host of nieces, ers—Lauren Williams, Nicholas But, Mr. Speaker, there would be no nephews, cousins, friends, and extended Scoufaras, Vesna Kurspahic, Naomi Congressman ROB WOODALL if there family. Pillsbury—men and women who have were not a Chief of Staff Derick What a life and what a legacy. been doing extraordinary work, always Corbett, if there were not a District Di- PAYING TRIBUTE TO LEE RAYBON under difficult circumstances, recently rector Debra Poirot. These two have under incredibly difficult cir- changed countless lives, and among Mr. Speaker, I also pay tribute to Mr. cumstances. them has been mine. Lee Raybon, a pioneer West Side of Mr. Speaker, I have got staffers who Mr. Speaker, I want to thank all of Chicago business and community lead- have been with me a decade or more, my staff for the amazing work they er. who have recently departed: Alex have done over the years. They are Whereas the Almighty God has called Poirot, Kelley Kurtz, Janet Rossi, and great Americans. They love this coun- to his eternal rest Mr. LEE Raybon, a Elena Gabrysh. try, and I love them. skilled mechanic and business leader who became a legend on the West Side Elena and I started working together f in 1999, serving the people of Georgia. of Chicago in the automobile repair Now, more than 20 years later, she has HONORING THE LIFE AND LEGACY business, and whereas I met Mr. gone into retirement, having served lit- OF ROSIE LEE ATCHISON Raybon in the late 1960s when one of erally thousands of constituents. The SPEAKER pro tempore. The my staffers, Ms. Arlene Granderson, in- Mr. Speaker, I want to call particular Chair recognizes the gentleman from troduced me to Mr. Nate Irwin, who attention to two public servants that I Illinois (Mr. DANNY K. DAVIS) for 5 min- was her mechanic and working at have been incredibly honored to be able utes. Raybon’s Automotive Repair shop, Mr. to know in my life: My State director, Mr. DANNY K. DAVIS of Illinois. Mr. Irwin became my friend and my me- Debra Poirot; and my chief of staff, Speaker, to live to become 109 years chanic. Derick Corbett. old in this country, or any country, as I had a reputation in my community Mr. Speaker, if you have not had an a matter of fact, is quite a feat. Such for keeping cars a long time. I drove opportunity to meet Debra Poirot, she has been the life and legacy of Mrs. one car for 19 years, and everybody in brightens up every room that she Rosie Atchison, who was born on Au- the neighborhood knew the car. Mr. walks into with a genuine love for this gust 15, 1911, in Bolivar, Mississippi, Raybon and his mechanics kept my country and a love for her community. and passed away on November 23, 2020. cars running for more than 50 years. She lives in Forsyth County, though Her birth mother passed away when Whatever it was that I drove, they had she grew up as an Air Force child, calls Rosie was just 6 weeks old. She was it running. home from that time, but has taken into the care of her father, Mr. Ultimately, he and his colleagues de- claimed Georgia. Henry Liner, who raised her as the sec- veloped a little group of ond oldest of 27 children whom he fa- businesspeople: Garfield Major; Willie b 1300 thered. Barney; the Knox family at the hard- So committed is she, Mr. Speaker, I Rosie grew up in Clarksdale, Mis- ware store; Cliff Duwel White at the remember a World War II veteran, a sissippi, where she lived a typical life fish market; Walker Harris, the ice- widow, and she was losing her housing. of Blacks in that area. She worked the man; Dave at the hotdog stand; and Debra woke up on a Saturday morning fields, went to church, got married, had Reverend Murphy at the Rose of Shar- and read about it in the newspaper. She two children, lost a child, got tired of on Cleaners. They were the heart of the spent the next week finding this family the fields and a failed marriage, and business support group in that area. and spent the week after that solving took her two children and migrated to After he no longer worked, Mr. that problem. Chicago, looking for a better life. That Raybon would come to the shop, sit She made a difference in that life is exactly what she found. around, and give people advice. He that can never be measured and did it With faith in God, she joined the loved his community. He loved his not because a constituent called, not Greater Salem Missionary Baptist business. He loved what he did.

VerDate Sep 11 2014 02:46 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.013 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7239 He will be greatly missed. I am sure Cases are surging, and thousands are b 1315 I will never find another mechanic who dying from the virus every day. There DEMOCRATS COULD STEAL A can keep my cars running for 50 years. have been over 16 million United States HOUSE SEAT AGAIN f cases, and over 300,000 people have lost their lives in the United States. The SPEAKER pro tempore. The DEFENDING COMMUNITY Chair recognizes the gentleman from Over 20 million people across the PHARMACIES Illinois (Mr. RODNEY DAVIS) for 5 min- country are collecting unemployment utes. The SPEAKER pro tempore. The and struggling to make ends meet. In Mr. RODNEY DAVIS of Illinois. Mr. Chair recognizes the gentleman from California, more than 1.3 million peo- Speaker, I want to remind my col- (Mr. JOHN W. ROSE) for 5 ple have become unemployed over the leagues that, in 1985, the Democrats in minutes. past year. Mr. JOHN W. ROSE of Tennessee. Mr. this House stole a seat, and they can do Speaker, I rise today in support of Hunger is growing across the Nation. it again. community pharmacies not only in my One in five renters is behind on paying The day after the election in 1984, Re- district, the Sixth District of Ten- their rent, meaning that millions are publican Rick McIntyre was ahead of nessee, but across the country. on the brink of eviction as months of incumbent Frank McCloskey by 34 Late last week, I received this letter, back rent are coming due. votes. After the State’s recount, notifying me that my community phar- The Federal Reserve estimates that McIntyre’s lead grew to 418 votes. In macy would no longer be in-network renters in California will owe $1.7 bil- the weeks following the election, McIn- and that if I had any future prescrip- lion in unpaid rent by the end of the tyre was certified the winner of Indi- tions filled at this pharmacy, I would year, representing almost a quarter of ana’s Eighth Congressional District. have to pay personally in full. This the total rental debt that will have ac- But come January 1985, House Demo- change would take place almost imme- crued nationwide during the pandemic. crats refused to seat the duly-elected diately. Small businesses are struggling. As Member of Congress, Rick McIntyre. Like most Americans, I have a years- many as one-third of small businesses, Instead, they sent a partisan task force long relationship with my community including more than 40 percent of to which then determined bal- pharmacy, Gordonsville Drugs, and my Black-owned and Latinx-owned small lots not valid under Indiana law should community pharmacist, Amy Dudney. businesses, say they will be forced to have been counted. They changed the But I was not part of a select few in- close their doors for good without im- rules. Under the Democrats’ new rules, dividuals to receive this notification; mediate relief from Congress. McCloskey was now ahead by four there have been approximately 60 inde- Families across the country des- votes. pendent pharmacies throughout Ten- perately need relief. On May 1, 1985, the House voted to nessee that recently found themselves So, it is absolutely essential that seat McCloskey. Ten Democrats joined out-of-network for certain plans ad- every Republican in voting against ministered by the pharmacy benefit Congress finally come to a bipartisan agreement for a relief bill. As Demo- seating him. This contest was dubbed manager, CVS Caremark. the ‘‘Bloody Eighth,’’ and my Demo- This is not happening just in Gor- crats are nearing a compromise with crat colleagues are considering repeat- donsville, Tennessee. Many Americans our Republican colleagues, we must en- ing this same battle this year in Iowa’s have a community pharmacy like Gor- sure that the legislation helps all of Second District. donsville Drugs and a pharmacist like those who are struggling during this Just as in 1985, they are about to Amy Dudney in their community. pandemic. change the rules of the game after the Thankfully, due to sustained lob- It is especially important that the re- game has already been played. Demo- bying efforts by the independent phar- lief bill contains another round of di- crats have been trying to do this in macy community, CVS Caremark has rect stimulus payments for individuals States throughout the 2020 cycle. reached out to many of these phar- and families to help them make ends After a thorough recount of votes in macies and offered them contracts to meet. We must also provide additional all 24 counties in Iowa’s Second Dis- remain in-network. unemployment assistance to those who trict, Mr. Speaker, and a unanimous bi- However, letters like the one I re- have lost their jobs as a result of the partisan vote by Iowa’s State Can- ceived remain extremely damaging to crisis. our independent pharmacies. In the vassing Board, Congresswoman-elect As chairwoman of the House Finan- Dr. Mariannette Miller-Meeks was de- specific case of Gordonsville Drugs, al- cial Services Committee, I am working though CVS Caremark made the right clared the winner. hard to secure the inclusion of much- Instead of challenging the certifi- choice to keep the independent phar- needed emergency rental assistance in macy in-network, they have yet to cation that Dr. Miller-Meeks now has the bill and the extension of the evic- in her possession in court, the Demo- send a letter with this updated change tion moratorium, as well as funding for to customers like me. CVS Caremark crat candidate has decided to skip that community development financial in- step and, instead, is going to ask Wash- must commit to sending new letters, stitutions and minority depository in- notifying customers that they can con- ington Democrats to overturn Iowa’s stitutions that support access to credit voters. And the reason is because she tinue to use their neighborhood inde- and investment in communities of pendent pharmacy with whom they couldn’t win in court. color, which have been hit hard by this But if Washington Democrats change have long-term relationships. crisis. We continue to let our community the rules, she can. She can disregard As this pandemic continues to rage, pharmacies be bullied by pharmacy the people of Iowa. it would be completely irresponsible benefit managers like CVS Caremark, Setting this precedent that you don’t and foolish to take away the Federal but we can’t let this continue. With have to exhaust all of your options and Reserve’s and the Treasury’s crisis winter upon us and the pandemic surg- prove your case in court, but that management tools that can help ad- ing, there has never been a greater whatever party is in charge of the dress threats to jobs, small businesses, need to ensure the viability of our com- House can come in, change the rules, municipal government, and the econ- munity pharmacies. and determine the winner is a terrible omy. precedent to set. f Let me be clear that the compromise I am hoping that my colleagues on PROVIDING COVID–19 RELIEF bill that is now being worked on, while the other side of the aisle will think The SPEAKER pro tempore. The important, will not be enough by itself. long and hard if they want a repeat of Chair recognizes the gentlewoman from Families across the country will need the Bloody Eighth, because there will California (Ms. WATERS) for 5 minutes. more help. Congress must work with come a time when the shoe is on the Ms. WATERS. Mr. Speaker, the the incoming Biden administration to other foot. COVID–19 pandemic crisis continues to take additional action to support those The Federal contest of 1985 eroded have a terrible impact throughout the who are struggling every day and put public trust in our elections and under- Nation. the country on a path to recovery. mined the integrity of our election

VerDate Sep 11 2014 02:46 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.014 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7240 CONGRESSIONAL RECORD — HOUSE December 17, 2020 process. I hope my colleagues will is an excellent guitar player, Mr. tecting the lives of the unborn. Bishop come to the same conclusion and de- Speaker. Stika has made a positive impact on cide to stand by the people of Iowa’s As a legislator, Dr. ROE has always many east Tennesseans throughout his Second Congressional District and seat looked out for America’s brave service- tenure, and, Mr. Speaker, I am con- Congresswoman-elect Mariannette Mil- men and -women. He served as chair- fident he will continue to be a leader in ler-Meeks on January 3. man and lead Republican on the Vet- our community. FAREWELL TO CONGRESSMAN CLAY erans’ Affairs Committee, helping pass CELEBRATING A.G. HEINS COMPANY Mr. RODNEY DAVIS of Illinois. Mr. bipartisan bills to improve healthcare Mr. BURCHETT. Mr. Speaker, the Speaker, I would be remiss if I didn’t benefits for our brave veterans. Armed American entrepreneurial spirit is the congratulate you on leaving this great servicemembers deserve the very best bedrock of our Nation’s economy, cre- institution and making this institution for their sacrifices, and Dr. ROE was al- ating good-paying jobs, solving every- a much better place for you serving ways in their corner. day problems, and providing the goods with all of us. Congress will be different next year and services we rely on. I rise today to I have enjoyed our time together, fly- without Dr. ROE, and I will miss work- celebrate the A.G. Heins Company, ing back and forth from our districts, ing with him on the issues most impor- which rode the entrepreneurial spirit and I have enjoyed the friendship that tant to east Tennesseans. from humble beginnings to 100 years of Mr. Speaker, I congratulate Dr. ROE you and I have been able to have over success in our community. on a strong career in Congress, and I the last 8 years that we have served to- Currently in its fourth generation of wish him the very best in retirement. gether. family ownership, the A.G. Heins Com- Mr. Speaker, you have done a great CONGRATULATING COACH GARY RANKIN pany has long provided building mate- Mr. BURCHETT. Mr. Speaker, I rise job representing the district in Mis- rials to the east Tennessee region. The today to congratulate Coach Gary souri right across the river from mine, company provides necessary resources Rankin and the Alcoa High School and our partnership is one that is to complete projects of all sizes, from football team on their sixth consecu- bound not just in politics and not just individual household repairs, to con- in legislating, but in friendship. I am tive State championship title. On Saturday, December 4, at the Ten- struction at the University of Ten- going to miss being here with you. nessee Blue Cross Bowl, Alcoa defeated nessee. This institution will be a better Staying in business for 100 years is no Milan High in an impressive 35–0 shut- place, again, because of your service. out. This win marks the Tornadoes’ easy accomplishment, and the A.G. We will all be at a loss without being 19th State championship and Coach Heins Company persevered through able to go to you and ask you for your Rankin’s 16th overall, both of which many challenging economic times, expertise, your guidance, and just hav- are high school football records in Ten- such as the and the ing some fun. nessee. It is certainly a proud day to Second World War. The company’s his- I am going miss you, my friend, but represent this team in the Halls of Con- tory is a reminder that small busi- our institution’s loss is your personal gress. nesses can grow and innovate even in time and your family’s gain, and I look Amid the ongoing COVID–19 pan- the face of adversity, Mr. Speaker. forward to working with you in what- demic, schools and their sports teams I extend my congratulations to the ever the next endeavor is on your hori- had to adjust and readjust. Coach Heins family as they celebrate their zon. May God continue to bless you. Rankin and his players were faced with 100th year in business this month, and f a season like none other, but they put I wish them many more years of suc- cess. FAREWELL TO CONGRESSMAN in the hours, they persevered, and they came out on top. This championship is f a remarkable achievement that I am The SPEAKER pro tempore. The CONCERNS WITH A NEW TREND sure this group of players will remem- Chair recognizes the gentleman from ber for the rest of their lives. The SPEAKER pro tempore. The Tennessee (Mr. BURCHETT) for 5 min- I know I speak for many in east Ten- Chair recognizes the gentleman from utes. nessee when I say: Congratulations, (Mr. BARR) for 5 minutes. Mr. BURCHETT. Mr. Speaker, I ap- and go Tornadoes. Mr. BARR. Mr. Speaker, I rise today preciate your friendship and your kind- to express concern with a trend that RECOGNIZING BISHOP RICHARD STIKA ness to the 435th most powerful person Mr. BURCHETT. Mr. Speaker, I rise could harm our financial system, crush in Congress—that would be me. I really today in recognition of Bishop Richard jobs, and have lasting negative impacts do, brother, and I am going to miss Stika of the Knoxville Diocese. This on American competitiveness and eco- you. week, Bishop Stika is celebrating his nomic exceptionalism. Mr. Speaker, after six terms rep- 35th year as an ordained priest of the Many on the other side of the aisle resenting Tennessee’s First Congres- Catholic Church, a remarkable career are calling for financial regulators to sional District, Dr. PHIL ROE is retiring milestone. inject climate risk scenarios into bank at the end of this year. Dr. ROE has fo- Born in St. Louis, , Bishop supervision, and a new administration cused his career in the House of Rep- Stika received a Catholic education will likely prioritize weaponizing fi- resentatives on fighting for our Na- from elementary school through col- nancial regulation to achieve unrelated tion’s veterans and using his medical lege. He capped off his theological edu- climate goals. background to tackle those tough cation by earning a master of divinity Radical climate activists are incapa- healthcare issues. from Kenrick Seminary. ble of passing the Green New Deal As a matter of fact, during one of the Bishop Stika was ordained a priest through Congress because most Ameri- State of the Union addresses, someone on December 14, 1985, and for nearly 24 cans understand it will destroy jobs, dropped in the back. I turned back to years he served in several different par- increase energy costs, and destabilize Congressman ROE and I said, ‘‘Some- ishes in the St. Louis area. One of his our economy at a time of immense fra- body has dropped,’’ and before I could greatest achievements during this time gility and volatility, so they will un- get ‘‘dropped’’ out of my mouth, he was was coordinating the visit of Pope doubtedly turn to financial regulation already out of the row providing med- John Paul II to St. Louis in 1999, Mr. and supervision as a backdoor to imple- ical care to him. Speaker. ment their climate agenda. When I arrived in Washington almost On March 19, 2009, he became bishop Earlier this year, a group of Demo- 2 years ago, Dr. ROE was the first per- of the Knoxville Diocese, and Bishop crat Senators put these ideas to paper son to reach out and offer advice about Stika has been making strong spiritual in a partisan report, calling on all Fed- serving in this Chamber. He was a men- connections with east Tennesseans eral financial regulators to infuse ill- tor throughout my first term, and we ever since. At 11 years in the Knoxville defined climate scenarios into their su- bonded over our faith by attending Diocese, Bishop Stika is the longest pervision of banks and to discourage fi- weekly prayer breakfasts together. His serving bishop in our diocese. nancial firms from lending to indus- mentorship has quickly turned into a Bishop Stika and I share many val- tries that ‘‘amplify climate risk,’’ such friendship over the last 2 years—and he ues, including a strong belief in pro- as coal or oil and natural gas. Lost on

VerDate Sep 11 2014 02:46 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.016 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7241 these Senators is the impact that this to make similar commitments when 967, the Journal of the last day’s pro- would have on American jobs and cost adopting other international stand- ceedings is approved. of living amid a pandemic or the fact ards, such as the Basel Accords and in- f that financial supervision should rely surance standards from the Inter- on risk-based metrics rather than pie- national Association of Insurance Su- PLEDGE OF ALLEGIANCE in-the-sky sustainability goals. pervisors. This should be no different. The SPEAKER pro tempore. Will the This week, the Federal Reserve an- Mr. Speaker, this effort to pressure gentleman from New York (Mr. ROSE) nounced that it joined the Network for financial regulators to inject climate come forward and lead the House in the Greening the Financial System, a con- scenarios into bank stress tests is not Pledge of Allegiance. sortium of central banks intent on about predicting financial stress. It is Mr. ROSE of New York led the weaving climate risk into bank super- about causing financial stress, causing Pledge of Allegiance as follows: vision. To those of us closely tracking financial stress for an entire segment I pledge allegiance to the Flag of the this issue, the decision by the Fed of the U.S. economy: the energy sector. United States of America, and to the Repub- raises many red flags. Far from promoting financial sta- lic for which it stands, one nation under God, I take no issue with the Fed partici- bility, this dangerous movement, right indivisible, with and justice for all. pating in multilateral deliberative bod- at a time of a global pandemic, to po- f ies. My concern comes from some of liticize access to capital would under- ANNOUNCEMENT BY THE SPEAKER the ideas being discussed by other mine economic stability by denying PRO TEMPORE members of the NGFS and whether the American families and businesses ac- Fed plans to import them. cess to affordable and reliable energy. The SPEAKER pro tempore. The The NGFS has made a series of rec- Mr. Speaker, I call on the Federal Chair will entertain up to 15 requests ommendations that are particularly Reserve to keep this in mind, to keep for 1-minute speeches on each side of troubling. First, it suggests supervisors in mind the millions of jobs that are on the aisle. elevate their regulated entities based the line, as Congress exercises over- f on sustainability metrics in their port- sight over the Federal Reserve’s man- REMEMBERING DR. AHMAD JABER folios. Unfortunately, there is no clear date to maximize employment. (Mr. ROSE of New York asked and definition of what ‘‘sustainability’’ f means, but you can bet that the cli- was given permission to address the mate activists will push it all the way RECESS House for 1 minute.) to the brink. The SPEAKER pro tempore. Pursu- Mr. ROSE of New York. Madam We do not need European regulators ant to clause 12(a) of rule I, the Chair Speaker, I rise today in memory of Dr. to tell our banks how sustainable their declares the House in recess until 2 Ahmad Jaber, who passed away last portfolios should be. Portfolio strength p.m. today. week after a lifetime spent building should be measured objectively, based Accordingly (at 1 o’clock and 31 min- New York’s thriving Muslim-American on credit risk, not on poorly defined utes p.m.), the House stood in recess. community. Dr. Jaber was a towering figure who sustainability goals. f Second, the NGFS urges regulators rose from humble origins. He was a to integrate climate risks into finan- b 1400 proud Palestinian who won prestigious scholarships to study medicine in , cial stability monitoring. Unfortu- AFTER RECESS nately, climate stress scenarios are Jordan, and later to do his residency in plagued with methodological chal- The recess having expired, the House this great country. lenges. Material impacts from chang- was called to order by the Speaker pro As a young doctor, Dr. Jaber had ing weather patterns occur over the tempore (Ms. CASTOR of Florida) at 2 done and seen more than most people course of decades; whereas, current p.m. do in a lifetime, but he did not stop stress tests look at a period of nine f there. He built his medical practice in Sunset Park into a thriving business, quarters. It would be difficult for a PRAYER bank to accurately forecast stresses personally delivering more than 5,000 over that length of time, and regu- The Chaplain, the Reverend Patrick babies. lators can’t account for a bank’s dy- J. Conroy, offered the following prayer: He attended to his community’s spir- namic operational and risk manage- Gracious God, thank You for giving itual needs, and he was a fixture at his ment practices over that period. us another day. mosque, providing financial support as Further, there is a lack of historical We thank You for the hard work and well as translating sermons or offering data on the relationship between dedication of those among this assem- medical assistance. Dr. Jaber helped changing weather patterns and finan- bly working directly toward the immi- found numerous organizations through- cial stress, and the available data may nent completion of a long-elusive eco- out his life, which now carry on his leg- have gaps or a disqualifying level of nomic relief bill. Bless them with the acy of strengthening the Muslim-Amer- subjectivity. strength and patience needed to bring ican community in New York and this work to completion. around the country. b 1330 As the coronavirus continues to in- We need more people like Dr. Jaber Last week, I led a group of 47 House fect ever-increasing numbers of our in this country, people who leave their Republicans in a letter to Federal Re- citizens, and so many families lose mark on society through humble and serve Chairman Powell and Vice Chair loved ones, give comfort to Your peo- dedicated work on behalf of their com- Quarles requesting that they proceed ple. Help us all to be mindful of those munity. cautiously in their deliberations on in need of encouragement and support We are forever grateful to have bene- whether to incorporate climate change through such difficult times. fited from Dr. Jaber’s presence, and he scenarios into financial stress tests. Bless as well those who rush now to will be so deeply missed. Allah The letter highlights many of the provide the vaccines for our healthcare yerhamo. methodological challenges I just raised workers and elders. We thank You for f and encourages them to consider the their excellent example of service to negative impact this would have on others. MOURNING KEN HATTRUP U.S. industry and American jobs. May all that is done this day be for (Mr. WALDEN asked and was given As we mentioned in our letter, it is Your greater honor and glory. permission to address the House for 1 important that the Fed commit to not Amen. minute.) accepting any international climate f Mr. WALDEN. Madam Speaker, I rise standards that are not appropriately today to mark the passing of a long- tailored to the U.S. financial system or THE JOURNAL time friend and community leader, Ken that would adversely impact U.S. com- The SPEAKER pro tempore. Pursu- Hattrup of Sherman County, and The petitiveness. We expect U.S. regulators ant to section 4(a) of House Resolution Dalles, .

VerDate Sep 11 2014 02:46 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.018 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7242 CONGRESSIONAL RECORD — HOUSE December 17, 2020 Ken was born in Keuterville, Idaho, minute and to revise and extend his re- coverage lately on coordinated efforts on July 28, 1928. He was one of six chil- marks.) by the Chinese Communist Party to in- dren. About 7 years later, his family Mr. WATKINS. Madam Speaker, I filtrate America’s institutions. moved to The Dalles, Oregon, where he rise today to acknowledge the life and I am particularly troubled by reports graduated from St. Mary’s Academy work of the late Nancy Epoch. revealing efforts by the CCP to exploit High School in 1946. This poster shows a picture of her on academic integrity on U.S. college Along the way, he met his future the left. On the right, is college pro- campuses. wife, Marie von Borstel. In the spring fessor Sally Glassman, probably the We know the CCP is using Confucius of 1951, Ken and Marie were married. best tap dance teacher in Kansas, but Institutes to further its agenda. Lo- Shortly thereafter, Uncle Sam came that is another speech entirely. cated on college campuses across the calling, and Ken was drafted into the Mrs. Epoch was beloved by all. She U.S., Confucius Institutes use their U.S. Army, where he served during the was a music teacher, a choral director, platform to spew Chinese Government war in Korea. a Chiefs superfan, and a legitimate propaganda. After he returned home and earned a Broadway talent who then returned While Democrats turn a blind eye to degree in economics, they settled on a home. China’s threat, I am proud my Repub- wheat ranch in Sherman County. Like What she really did was that she en- lican colleagues and I joined forces on most ranchers I know, Ken loved the abled young and old kids to find their the China Task Force and made bipar- land and practiced progressive con- voice, be bold, and share it with the tisan recommendations to Congress on servation efforts. He enjoyed hunting, world. how best to counter threats from the traveling, and playing cards with So, Mrs. Epoch, from the floor of the CCP. friends. U.S. House of Representatives to you There is no place for Chinese censor- It is reported that he was a popular in Heaven, first, I thank you for that ship in America, especially not on col- poker dealer at the veterans’ home in first Chiefs Super Bowl victory. I am lege campuses where American inge- The Dalles, bringing much joy to those pretty sure that that was you. We love nuity should take flight. Congress who, like him, wore our Nation’s uni- you, and we miss you. must deliver a strong message: CCP form and preserved our and f propaganda will be met with con- way of life. PROVIDE COVID RELIEF TO sequences. I always appreciated Ken’s friendship FAMILIES f and counsel over the years. Mylene and I extend our deepest sympathies to his (Ms. PRESSLEY asked and was given EXPRESSING APPRECIATION FOR family during this difficult time of permission to address the House for 1 ESTHER PAGE loss. minute.) (Mr. RIGGLEMAN asked and was Ms. PRESSLEY. Madam Speaker, I f given permission to address the House rise today on behalf of the people who for 1 minute and to revise and extend CALLING FOR COVID RELIEF are struggling and feel abandoned by his remarks.) their government during this crisis. (Mr. CICILLINE asked and was given Mr. RIGGLEMAN. Madam Speaker, I I rise in solidarity with every parent permission to address the House for 1 rise today to offer my gratitude and who has struggled to buy diapers and minute.) appreciation for Esther Page, my con- Mr. CICILLINE. Madam Speaker, it formula, every family behind on rent stituent services director. has been 9 months since Congress deliv- or crushed by the grief of an empty Known as the Constituent Whisperer ered a relief package for the American chair at the kitchen table. and Queen of Casework, Esther is retir- people. Since then, the pandemic has Our people are crying out, sick, tired, ing this January after 31 years of serv- grown worse. hungry, and broken. The people we ice. Every time Democrats tried to pass a have taken an oath to serve and pro- She truly is the model of what a non- new relief package, the Republicans tect need direct cash to survive the partisan public servant should be, hav- who control the U.S. Senate have winter. We must send them survival ing shown the same care and devotion blocked it from reaching the American checks immediately. for ’s Fifth District even as the people. Some of my colleagues are patting This has gone on long enough. It is themselves on the back for sending cor- seat swapped back and forth between long past time to provide the relief porations payouts—corporations, by parties. that our folks who are living through the way, that have profited off of peo- I will read a comment from one of my this pandemic need. ple during this pandemic—and shaming constituents who benefited from Ms. We need to provide another round of families on the edge. Shame on them Page’s service: ‘‘I felt from her very stimulus payments to workers. We for their theatrics and their callous- first contact that she was committed need to extend and expand unemploy- ness. to advocating for me and my best in- ment insurance. We need to establish a 450 pennies a day for the last 9 terests. Without Ms. Page, I truly be- national COVID testing program and months, that is what our government lieve that I would still be waiting, my make sure our hospitals and commu- has sent the American people to weath- case file deeply buried on someone’s nity health centers have the resources er this crisis, and nothing for the im- desk.’’ they need to provide lifesaving care. migrant families who drive our essen- Her devout faith was an example to We need to help small businesses that tial workforce. me and all constituents she helped. She have already sacrificed so much in the It didn’t have to be this way. Our will be retiring to her home in Nelson face of this pandemic, and we need to families deserve direct cash, real sur- County this January, and I wish her a provide funding so that we can get our vival checks. long and fulfilling retirement. population vaccinated against this dis- Madam Speaker, $600 is hardly suffi- Esther, I think I speak for all the ease and get our lives back to normal cient. It is an insult. We must act to Fifth District in offering my deepest as soon as possible. save lives now. The pandemic has not appreciation for the service you have Leaving town without an agreement discriminated in its hardship, but it done. is not an option. It is critical that we would seem compassion and empathy This is not in the speech but know get this done for the American people. have. that we all love you. Madam Speaker, I urge all of my col- f f leagues to work together to make this HONORING CHUCK YEAGER happen. COUNTERING CONFUCIUS INSTITUTES f (Mrs. MILLER asked and was given (Ms. FOXX of North Carolina asked permission to address the House for 1 PAYING TRIBUTE TO NANCY and was given permission to address minute.) EPOCH the House for 1 minute.) Mrs. MILLER. Madam Speaker, I rise (Mr. WATKINS asked and was given Ms. FOXX of North Carolina. Madam today to honor the life and legacy of permission to address the House for 1 Speaker, there has been a lot of news Chuck Yeager.

VerDate Sep 11 2014 02:46 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.021 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7243 Mr. Yeager was a war hero, an in- Madam Speaker, I rise today because County Farm Bureau Young Farmers credible pilot, and a great West Vir- the life and sacrifice of a true peace- and Ranchers Committee. Tom also ginian. maker, Trooper Joseph Bullock, will be represented Georgia Farm Bureau’s Born in Lincoln County in the small honored by our passing of legislation to second district on the GFB board of di- town of Myra, Chuck was a stellar ath- rename the postal facility in Port rectors and served as Elbert County lete and a bright student who enlisted Salerno, Florida, as the Joseph Bullock Farm Bureau’s president for several in the Air Force during World War II, Post Office Building. years. answering the call to serve. Though he knew the risk, his story is The foundation of his leadership As a pilot, he was known for his out- not how a watch should end. And as we skills was developed when he served in standing leadership and flying skills, see his name each day in Port Salerno, the Georgia House of Representatives and his incredible vision. I am also we will be reminded of the valor within for 26 years. I was blessed to serve proud to say that he never lost his all of our law enforcement who, each alongside Tom for 5 years in the Geor- steadfast West Virginia spirit. day, commit to our communities the gia State House, so I can attest to his Flying over 61 missions as an ace, he most significant thing that they have: dedication to improving the lives of his returned home from the war in 1945. He their life. constituents and his commitment to then became a test pilot who re- Trooper Bullock, we salute you. the State of Georgia. searched high-speed flight. His wealth of knowledge in agri- In 1947, Chuck was the first person to f culture contributed to his success break the sound barrier, flying over the THE WRIGHT BROTHERS while serving on the Georgia House Ag- Mojave Desert, and went on to accom- (Mr. LAMALFA asked and was given riculture and Consumer Affairs Com- plish more in the field of flight while permission to address the House for 1 mittee, and I know his continued com- serving in the Air Force until 1971. minute and to revise and extend his re- mitment to improving agriculture in He was one of America’s greatest pi- marks.) lots. the State of Georgia will allow him to Mr. LAMALFA. Madam Speaker, on Chuck passed away this month at the thrive as Georgia Farm Bureau’s presi- this day in 1903, near Kitty Hawk, age of 97. He lived a life of adventure, dent. North Carolina, Orville and Wilbur patriotism, service, and strength. He I wish him the best as he steps up to Wright made the first successful air- will always be remembered. lead farmers across Georgia, and I craft flight in history. know he will do a great job. f In the years leading up to their first RECOGNIZING STEVE NELSON flight, they built and tested air gliders f (Mr. SMITH of Nebraska asked and in their bicycle shop in their hometown was given permission to address the of Dayton, . After making hun- COMMUNICATION FROM THE House for 1 minute and to revise and dreds of successful flights in their glid- CLERK OF THE HOUSE er, they designed a 12-horsepower en- extend his remarks.) The SPEAKER pro tempore laid be- Mr. SMITH of Nebraska. Madam gine to fit into the frame. fore the House the following commu- Speaker, I rise today to recognize In the fall of 1903, the Wright broth- nication from the Clerk of the House of Steve Nelson, a corn and soybean farm- ers transported these pieces down to Representatives: er from Axtell, Nebraska, on his retire- Kitty Hawk, assembled it, and made ment as president of the Nebraska their first attempt at powered flight. OFFICE OF THE CLERK, Unfortunately, the engine stalled dur- HOUSE OF REPRESENTATIVES, Farm Bureau. Washington, DC, December 17, 2020. The Nebraska Farm Bureau is a lead- ing takeoff and the engine was dam- Hon. NANCY PELOSI, ing voice for Nebraska agriculture pro- aged. After making a few repairs, on The Speaker, House of Representatives, ducers because of its hardworking December 17, Orville ran the aircraft Washington, DC. members and leaders like Steve, whose down a track and into the air, flying DEAR MADAM SPEAKER: Pursuant to the hard work and leadership have made 120 feet for 12 seconds. permission granted in Clause 2(h) of Rule II the Third District of Nebraska the top- Madam Speaker, of course, in the 117 of the Rules of the U.S. House of Representa- producing agriculture district in Amer- years since, we have seen amazing tives, the Clerk received the following mes- ica. leaps in aircraft ability and tech- sage from the Secretary of the Senate on De- Steve has served as president cember 17, 2020, at 11:54 a.m.: nology. Forty-four years after, Chuck That the Senate agrees to the House through the completion of two farm Yeager broke the sound barrier, and amendment to the bill S. 914. bills, ensuring the needs of Nebraska now we have people landing on the That the Senate agrees to the House producers are reflected and met Moon and satellite equipment going be- amendment to the bill S. 1130. throughout the process—no small task. yond the stretches of our solar system. That the Senate passed S. 1387. I have appreciated Steve’s persist- The Wright brothers’ story is one of That the Senate passed S. 2513. ence in the face of many challenges we our most well-told tales of success in That the Senate passed S. 3287. have faced in Nebraska recently, espe- American modern innovation. Their That the Senate passed S. 5036. That the Senate passed with an amend- cially the historic floods, storms, the drive and spirit is something that can irrigation tunnel collapse, and cer- ment H.R. 221. inspire us all. That the Senate passed without amend- tainly other uncertainties. Those af- f ment H.R. 8810. fected, though, were always able to Appointment: United States—China Eco- CONGRATULATIONS TOM MCCALL turn to the Nebraska Farm Bureau. nomic and Security Review Commission. I would like to thank Steve for his (Mr. CARTER of Georgia asked and With best wishes, I am, great work, and I wish him well as he was given permission to address the Sincerely, continues as a farm producer at home House for 1 minute and to revise and CHERYL L. JOHNSON, and advocating for our State’s farmers extend his remarks.) Clerk. and ranchers. Mr. CARTER of Georgia. Madam f f Speaker, I rise today to congratulate Mr. Tom McCall of Elbert County, b 1415 Georgia, for being elected president of ANNOUNCEMENT BY THE SPEAKER JOSEPH BULLOCK POST OFFICE Georgia’s largest general farm organi- PRO TEMPORE BUILDING zation, the Georgia Farm Bureau, on The SPEAKER pro tempore. Pursu- (Mr. asked and was given per- December 8. Tom replaces Gerald Long, ant to clause 8 of rule XX, the Chair mission to address the House for 1 who retired from the position after will postpone further proceedings minute and to revise and extend his re- serving as GFB president since 2016. today on motions to suspend the rules marks.) He has been a dedicated Farm Bureau on which the yeas and nays are or- Mr. MAST. ‘‘Blessed are the peace- member since 1978, and Tom’s first dered. makers, for they will be called children leadership role with the bureau was The House will resume proceedings of God.’’ serving as the chairman of the Elbert on postponed questions at a later time.

VerDate Sep 11 2014 06:36 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.023 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7244 CONGRESSIONAL RECORD — HOUSE December 17, 2020 UNITED STATES (d) EXPENDITURES OF COMMISSION.—Section works with public and private entities SEMIQUINCENTENNIAL COMMIS- 9 of the United States Semiquincentennial across the country to make celebra- SION AMENDMENTS ACT OF 2020 Commission Act of 2016 (Public Law 114–196; tions of our 250th year of independence 130 Stat. 691) is amended— Mr. KHANNA. Madam Speaker, I a time to remember for years to come. (1) by striking subsection (a) and inserting Madam Speaker, while the Commis- move to suspend the rules and pass the the following: bill (S. 3989) to amend the United ‘‘(a) IN GENERAL.—All expenditures of the sion has done incredible work thus far, States Semiquincentennial Commis- Commission shall be made from donations, the Commission Amendments Act will sion Act of 2016 to modify certain mem- earned income, and any funds made available make needed updates to ensure that bership and other requirements of the to carry out this Act under subsection (f).’’; the Commission has the resources and United States Semiquincentennial (2) in subsection (d), by striking ‘‘Once talent it needs to fulfill its mission of Commission, and for other purposes, as each year during the period beginning on the national importance. date of enactment of this Act’’ and inserting This bill will expand the membership amended. ‘‘Annually during the period beginning 1 The Clerk read the title of the bill. to include cultural and historical per- year after the Commission submits the re- spectives from individuals such as the The text of the bill is as follows: port to the President under section 5(c)(1)’’; S. 3989 and chairperson of the National Endow- Be it enacted by the Senate and House of Rep- (3) by adding at the end the following: ment for the Arts and the National En- resentatives of the United States of America in ‘‘(e) INTELLECTUAL PROPERTY PROTEC- dowment for the Humanities. In addi- Congress assembled, TIONS.—The Commission shall have the ex- tion, the bill will provide necessary in- SECTION 1. SHORT TITLE. clusive right to use, and to allow others to tellectual property protections for the This Act may be cited as the ‘‘United use, the official marks, imprimaturs, and materials created by the Commission. States Semiquincentennial Commission logos of the Commission. This commonsense legislation will Amendments Act of 2020’’. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— serve to further enable the Commission There are authorized to be appropriated such SEC. 2. UNITED STATES SEMIQUINCENTENNIAL to carry on its important work. It has COMMISSION. sums as are necessary to carry out this (a) ESTABLISHMENT OF COMMISSION.—Sec- Act.’’. never been more important for us to come together or remember our past, tion 4 of the United States The SPEAKER pro tempore. Pursu- acknowledge our present, and look for- Semiquincentennial Commission Act of 2016 ant to the rule, the gentleman from (Public Law 114–196; 130 Stat. 685) is amend- ward to our future as one nation de- California (Mr. KHANNA) and the gen- ed— voted to the ideals of liberty and jus- tleman from Pennsylvania (Mr. KEL- (1) in subsection (b)(4), by striking sub- tice for all. paragraph (I) and inserting the following: LER) each will control 20 minutes. As someone who was born in 1976, in The Chair recognizes the gentleman ‘‘(I) The Chairperson of the National En- , the year of our bicen- dowment for the Arts. from California. ‘‘(J) The Chairperson of the National En- tenary, this has a particular meaning GENERAL LEAVE to me. dowment for the Humanities. Mr. KHANNA. Madam Speaker, I ask ‘‘(K) The Director of the Institute of Mu- Madam Speaker, I thank Senator seum and Library Services. unanimous consent that all Members TOOMEY and others on the committee ‘‘(L)(i) The Chief Justice of the United may have 5 legislative days in which to for advancing this. Our Nation will be States; or revise and extend their remarks and in- the first multiracial, multiethnic de- ‘‘(ii) an Associate Justice or former Asso- clude extraneous material on this mocracy in the history of the world, ciate Justice appointed by the Chief Justice measure. and it is a credit to our founding vi- of the United States.’’; The SPEAKER pro tempore. Is there sion. (2) in subsection (c), by adding at the end objection to the request of the gen- Madam Speaker, I urge my col- the following: tleman from California? leagues to support this bill, and I re- ‘‘(3) REMOVAL OF MEMBERS WHO ARE PRI- There was no objection. serve the balance of my time. VATE CITIZENS.—Following notice and ap- Mr. KHANNA. Madam Speaker, I proval of the relevant appointing authority, Mr. KELLER. Madam Speaker, I yield myself such time as I may con- on an affirmative vote of not less than 2⁄3 of yield myself such time as I may con- the members of the Commission, the Com- sume. sume. mission may remove a member of the Com- Madam Speaker, nearly 250 years Madam Speaker, I rise in support of mission appointed under subsection (b)(3).’’; ago, a group of visionaries met in S. 3989, the United States and Philadelphia for the Second Conti- Semiquincentennial Commission (3) in subsection (d)— nental Congress. Out of this unusual Amendments Act. (A) by striking ‘‘All meetings’’ and insert- meeting of daring patriots, a declara- Our country’s Declaration of Inde- ing the following: tion was produced stating to the world pendence was courageously signed in ‘‘(1) LOCATION OF FIRST MEETING.—The first that, for the first time in the modern meeting’’; and 1776. This makes 2026 the 250th anniver- (B) by adding at the end the following: world, 13 Colonies would join together sary our great Republic and its found- ‘‘(2) LOCATION OF SUBSEQUENT MEETINGS.— to become one independent nation—the ing. At least 1 meeting of the Commission each United States of America, the greatest An exposition marking the 150th an- year shall be held in Philadelphia, Pennsyl- experiment in democracy that the niversary was in Philadelphia in 1926, vania.’’. world has ever seen. and bicentennial celebrations were (b) DUTIES.—Section 5(c)(1) of the United Madam Speaker, these leaders boldly held throughout the country in 1976. It States Semiquincentennial Commission Act declared that no more would Ameri- of 2016 (Public Law 114–196; 130 Stat. 687) is is only fitting that we also celebrate amended by striking ‘‘2 years after the date cans live under the tyranny of a nation the 250th anniversary, another mile- of enactment of this Act’’ and inserting 3,000 miles away. They acted with stone anniversary. ‘‘March 31, 2020’’. unity and decided that our Nation will To do this, Congress passed and the (c) COORDINATION.—Section 6(b) of the not be built upon privilege inherited by President signed the United States United States Semiquincentennial Commis- birth, but natural rights that belonged Semiquincentennial Commission Act of sion Act of 2016 (Public Law 114–196; 130 Stat. to each and every person. 2016 in the 114th Congress. The bill be- 689) is amended— (1) in paragraph (3)(A), by striking ‘‘pre- In 2026, the United States will cele- fore us today would amend the law au- siding officer of the Federal Council on the brate 250 years of independence. While thorizing the Commission, with nec- Arts and the Humanities, the Chairperson of we have not always lived up to these essary changes, to allow the planning the National Endowment for the Arts, and lofty ideals, we have continued to work work to continue. S. 3989 grants the the Chairperson of the National Endowment to make progress and right the wrongs. Commission certain flexibilities, such for the Humanities’’ and inserting ‘‘Chair- To commemorate and celebrate the as no longer requiring every meeting person of the National Endowment for the founding of our Republic in 2016, Con- convene at Independence Hall in Phila- Arts, the Chairperson of the National En- gress established the United States delphia. The law would still recognize dowment for the Humanities, and the Direc- Semiquincentennial Commission. The tor of the Institute of Museum and Library Philadelphia’s importance and requires Services’’; and Commission’s goal is to encourage at least one meeting per year to be (2) in paragraph (4), in the matter pre- Americans to remember our past, cele- held in the City of Brotherly Love. ceding subparagraph (A), by inserting ‘‘and brate our present, and look forward to This bill, S. 3989, would add the direc- other’’ after ‘‘founding’’. a promising future. The Commission tors of several Federal agencies focused

VerDate Sep 11 2014 02:46 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.025 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7245 on the arts to assist with the planning. The Clerk read the title of the bill. a legal responsibility to provide The bill would also grant the Commis- The text of the bill is as follows: healthcare to Native Americans and sion exclusive rights over their official H.R. 6535 Alaska Natives. Congress created the logo for commercial licensing purposes, Be it enacted by the Senate and House of Rep- Indian Health System to carry out this which would help provide additional resentatives of the United States of America in obligation. funding resources for the Commission’s Congress assembled, The Indian Health System is made up work. These changes will allow the SECTION 1. DEEMING AN URBAN INDIAN ORGANI- of the Indian Health Service; Tribal ZATION AND EMPLOYEES THEREOF Commission and the rest of the United TO BE A PART OF THE PUBLIC health programs; and urban Indian or- States to better celebrate our coun- HEALTH SERVICE FOR THE PUR- ganizations, known as UIOs. try’s 250th anniversary. POSES OF CERTAIN CLAIMS FOR UIOs play a pivotal role in upholding Madam Speaker, as the Commission PERSONAL INJURY. the trust responsibility by providing noted in their 2020 report to the Presi- Title V of the Indian Health Care Improve- culturally competent care to the over ment Act (25 U.S.C. 1651) is amended by add- dent, ‘‘America 250,’’ the central theme ing at the end the following: 70 percent of American Indians and of the celebrations, will be ‘‘educate, ‘‘SEC. 519. DEEMING AN URBAN INDIAN ORGANI- Alaska Natives who live in urban engage, and unite.’’ Specifically, the ZATION AND EMPLOYEES THEREOF areas, like my district in Phoenix, Ari- Commission’s primary goal with these TO BE A PART OF THE PUBLIC zona. HEALTH SERVICE FOR THE PUR- However, despite the pivotal role celebrations is to inspire the American POSES OF CERTAIN CLAIMS FOR spirit; to deepen the understanding of PERSONAL INJURY. they play, UIOs are the only branch of our history and the democratic process ‘‘Section 102(d) of the Indian Self-Deter- the Indian Health System that are not through education; increase engage- mination and Education Assistance Act shall currently eligible for liability coverage ment in our communities and gov- apply— under the Federal Tort Claims Act, erning affairs; and foster unity, that ‘‘(1) to an Urban Indian organization to the known as FTCA. includes the many Americans in our same extent and in the same manner as such As a result, each UIO is forced to section applies to an Indian tribe, a tribal or- spend up to $250,000 per year on indi- ‘‘one Nation.’’ ganization, and an Indian contractor; and Madam Speaker, I think my col- ‘‘(2) to the employees of an Urban Indian vidual medical liability policies. If we leagues would agree that more than organization to the same extent and in the pass this bill today, that quarter of a ever, Americans stand to benefit from same manner as such section applies to em- million dollars will instead be spent di- a national celebration reflecting on our ployees of an Indian tribe, a tribal organiza- rectly on patient care and the re- shared values which unite us as a coun- tion, or an Indian contractor.’’. sources these clinics need to fight try, a country uniquely founded on a SEC. 2. DETERMINATION OF BUDGETARY EF- COVID–19. That is why passing H.R. set of ideals. FECTS. 6535 is especially critical now, in the Every one of us owes a debt of grati- The budgetary effects of this Act, for the purpose of complying with the Statutory midst of a pandemic that has hit Na- tude to the framework of freedoms, Pay-As-You-Go Act of 2010, shall be deter- tive populations the hardest, and UIOs rights, and government institutions mined by reference to the latest statement have been disproportionately the ones our Founding Fathers established with titled ‘‘Budgetary Effects of PAYGO Legisla- servicing them and also hit hard. such a discerning forethought. We look tion’’ for this Act, submitted for printing in This year, over 80 percent of UIOs forward to the Commission’s plans the Congressional Record by the Chairman of have cut services due to the resource being finalized next year and for the the House Budget Committee, provided that shortages they are experiencing, and at forthcoming celebrations of America’s such statement has been submitted prior to least three have had to shut their doors the vote on passage. founding, a country we all love so well. The SPEAKER pro tempore. Pursu- during the first wave of the pandemic. Madam Speaker, we look forward to ant to the rule, the gentleman from Ar- Cuts to services are devastating for the celebrating the 250th anniversary of vulnerable Native communities and the izona (Mr. GALLEGO) and the gentleman America’s founding. Madam Speaker, I UIOs that serve them. I know because I from Virginia (Mr. WITTMAN) each will urge my colleagues to support this bill, control 20 minutes. have heard from my constituents what and I yield back the balance of my The Chair recognizes the gentleman a critical role UIOs, like Native Health time. from . of Phoenix, play in the daily lives of Mr. KHANNA. Madam Speaker, I re- urban Indians. GENERAL LEAVE iterate my support for this legislation, Mr. GALLEGO. Madam Speaker, I From free food deliveries during the and I urge my colleagues to support it. pandemic to seniors and low-income Madam Speaker, I yield back the bal- ask unanimous consent that all Mem- bers may have 5 legislative days in families, to COVID testing, primary ance of my time. care, and social services, UIOs and The SPEAKER pro tempore. The which to revise and extend their re- marks and include extraneous material their staffs are pillars of the commu- question is on the motion offered by nities they serve and they save lives. the gentleman from California (Mr. on the measure under consideration. The SPEAKER pro tempore. Is there These heroic frontline staffs should KHANNA) that the House suspend the objection to the request of the gen- not be singled out for exclusion from rules and pass the bill, S. 3989, as coverage under FTCA merely due to amended. tleman from Arizona? There was no objection. which part of the Indian Health Sys- The question was taken; and (two- Mr. GALLEGO. Madam Speaker, I tem they serve in. Passing H.R. 6535 thirds being in the affirmative) the yield myself such time as I may con- would immediately make these health rules were suspended and the bill, as sume. providers eligible for FTCA coverage, amended, was passed. Madam Speaker, H.R. 6535, the Cov- and it would create a financial lifeline A motion to reconsider was laid on erage for Urban Indian Health Pro- for these cash-strapped health clinics the table. viders Act, is a bipartisan bill authored serving on the front lines of the pan- f by myself and Representative demic. b 1430 of Oklahoma. I urge my colleagues to support This bill would uphold our trust re- frontline health workers, support Na- DEEMING AN URBAN INDIAN OR- sponsibility, provide long-overdue par- tive communities, and support uphold- GANIZATION AND EMPLOYEES A ity to the Indian Health System by ex- ing our trust responsibilities by voting PART OF PUBLIC HEALTH SERV- tending Federal Tort Claims Act cov- ‘‘yes’’ on this bill. ICE erage to urban Indian organizations, Madam Speaker, I reserve the bal- Mr. GALLEGO. Madam Speaker, I and direct their scarce resources to ance of my time. move to suspend the rules and pass the saving lives instead of bureaucratic Mr. WITTMAN. Madam Speaker, I bill (H.R. 6535) to deem an urban Indian overhead. yield myself such time as I may con- organization and employees thereof to This broadly supported policy change sume. be a part of the Public Health Service was also included in the President’s fis- Madam Speaker, H.R. 6535 would for the purposes of certain claims for cal year 2021 budget proposal. amend the Indian Health Care Improve- personal injury, and for other purposes, As part of our trust and treaty re- ment Act to extend Federal Tort as amended. sponsibilities, the U.S. Government has Claims Act coverage to urban Indian

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.026 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7246 CONGRESSIONAL RECORD — HOUSE December 17, 2020 organizations, or UIOs. It would do so of the Public Health Service, similar to cur- own populations in these times of great chal- by deeming the UIOs and their employ- rent coverage provided to Indian tribes, trib- lenge and need. ees part of the Public Health Service. al organizations, Indian contractors and em- During my Subcommittee on the Indige- nous Peoples of the United States’ July 19, Currently, urban Indian health orga- ployees. I fully endorse this measure and was pleased to be able to support it in both Sub- 2020 hearing on H.R. 6535, I asked IHS Direc- nizations need to purchase liability in- committee and full Committee. tor RADM Michael D. Weahkee whether surance with resources that could be However, I must register my deep concern there was any policy reason to differentiate better utilized to expand services to that Native Hawaiian Health Care Systems between NHHCS, urban Indian organizations Native Americans. The rising costs of (NHHCS) have not also been extended the and other tribal health care providers in liability insurance and the general cost same coverage in this measure or otherwise. FTCA coverage. Director Weahkee re- of providing healthcare services ad- Although there are legitimate procedural sponded: ‘‘In one of my roles as Indian and related non-substantive reasons for not Health Service Director, I serve as the Vice versely impact the ability of UIOs to including them in this specific vehicle, I Chair of the Interdepartmental Council on provide needed services. As a result, wish to affirm for the record that this is Native American Affairs at the Department services are often substantially re- clearly unfinished business that should and of Health and Human Services, and that re- duced or certain types of staff are must be remedied by this Committee and sponsibility extends not only to our Amer- eliminated. Congress at the earliest opportunity. ican Indian and Alaska Native populations, The Indian Health Service deems The current federal tort claims coverage but also to our Native Hawaiian and Pacific UIOs an integral part of the Indian extends to many health care providers serv- Islanders, and so in that chair I would see ing American Indian and Alaska Native indi- the same advantage toward Native Hawaiian healthcare system. They provide high- viduals in the Indian Health Service (IHS) programs as I discussed here today for our quality, culturally relevant healthcare and tribal facilities as part of the under- American Indian urban Indian organiza- and are often the only healthcare pro- takings and obligations of our country to tions.’’ Further, the Congressional Budget viders readily accessible to urban our indigenous peoples. Whole segments of Office previously reviewed similar legisla- American Indian and Alaska Native pa- our indigenous populations depend on these tion, the Native Hawaiian Health Care Im- tients. providers for their health needs, in par- provement Reauthorization Act of 2003, and While there is general agreement and ticular primary and preventive care. The determined there was no appreciable cost to practical effect of covering these critical or- the federal government. support that Federal Tort Claims Act Aside from these bill specifics, I ask this protections should be extended to UIO ganizations under the Federal Tort Claims Act (FTCA) is to simplify the processing and Committee to understand and appreciate my health facilities, I am disappointed resolution of medical malpractice and other Native Hawaiian community’s goal of ex- that the majority failed to consider personal injury claims against the organiza- tending FTCA coverage to NHHCS, and its technical amendments provided by the tion, which expedites settlement of legiti- great concern at being excluded from H.R. Department of Health and Human mate claims and decreases administrative 6535, as not just a policy inconsistency but in Services. and related expense burdens, thus enabling a much broader context. To repeat, Native providers to deliver more extensive and bet- Hawaiians are the indigenous peoples of our Requests to address these legitimate country to the same degree and extent as concerns were dismissed shortly after ter service to their communities. FTCA coverage has extended for decades to other indigenous peoples. As such, the Chairman GRIJALVA of the Natural Re- the IHS and tribal organizations including United States has undertaken a similar spe- sources Committee agreed to keep indigenous-focused federally qualified health cial trust responsibility to Native Hawaiians working on the legislation before it centers (to include Native Hawaiian Commu- dating back to ’s entry into the would be considered on the House floor. nity Health Centers (NHCHC).) However, for United States as a territory in 1900, and con- These technical changes would improve reasons that reflect simple omission rather tinuing through the seminal century-old Ha- the legislation, which may now face an than any other explanation, urban Indian or- waiian Homes Commission Act of 1920 and ganizations and NHHCS, first established some 150-plus more Native Hawaiian federal uncertain future in the Senate. That statutes and equally if not more numerous shortsightedness only hurts the very under the Native Hawaiian Health Care Im- provement Act of 1988, are not currently cov- specific regulations, administrative actions Native Americans that this bill is try- ered under the FTCA. This bill would correct and other initiative since including the Na- ing to help. that as to urban Indian organizations but tive Hawaiian Education Act and Native Ha- Madam Speaker, I yield back the bal- not NHHCS. waiian Health Care Improvement Act. This ance of my time. There is no policy or functional differen- is not a new or questionable relationship in Mr. GALLEGO. Madam Speaker, I tiation among urban Indian organizations, any way and has the same long and often dif- NHHCS, tribal organizations and NHCHC in ficult history as other indigenous peoples. urge my colleagues to support this leg- Notwithstanding, Native Hawaiians have FTCA coverage, nor between NHHCS and islation, and I yield back the balance of faced decades of being overlooked, ignored urban Indian organizations. Both urban In- my time. and excluded in our federal initiatives to ful- dian organizations and NHHCS are devoted Mr. CASE. Madam Speaker, I rise in sup- fill our country’s trust responsibilities to to the same needs for the same reasons as our indigenous peoples. It has proven too port of H.R. 6585 with deep reservations. the others. In fact, in Hawai’i, where we have easy to ask Native Hawaiians to just wait I support the substance of the measure as the largest population of Native Hawaiians while we take care of another indigenous addressing key concerns for American Indians of any state but relatively few Native Ameri- concern first, while too often the wait has and Alaska Natives. My grave concern is with cans and Alaska Natives, our NHHCS actu- not materialized into any later action. So the inexplicable omission of Native Hawaiians ally contract with the IHS to provide our please understand that when Native Hawai- as indistinguishably indigenous peoples of this own and visiting Native Americans and Alas- ians express great concern over exclusion country to be treated and included the same. ka Natives with reduced cost health care and from a seemingly straightforward bill like I spelled out my concerns at length in a payer of last resort services (and at actual H.R. 6535, their skepticism, apprehension and costs that far exceed the contracted distrust has deep roots that transcend this submission to the record of my Committee on amounts). Natural Resources on this measure and I in- specific bill. Moreover, in the public health context, Chair, Ranking Member and Committee clude in the RECORD my statement: there is every reason for Native Hawaiians to colleagues, I personally appreciate your con- U.S. House Committee on Natural Resources: seek the same benefits as afforded to other sideration of my additional remarks on be- July 29, 2020 Full Committee Markup on H.R. indigenous organizations under FTCA cov- half of our country’s vital Native Hawaiian 6535: erage. Even aside from COVID–19, Native Ha- community, and hope that I have provided Additional Remarks for the Record: waiians suffer from the shortest life expect- you with some broader appreciation of why U.S. Congressman : ancy of the major ethnic groups in Hawai’i we believe that inclusion of NHHCS in FTCA Chairman Grijalva, Ranking Member due to underlying medical conditions such as coverage as is provided for virtually all other Bishop and fellow Committee members, I re- diabetes, coronary heart disease and asthma. indigenous health care organizations is so spectfully submit these additional remarks With higher unemployment rates, Native Ha- important. I look forward to working with for the record on H.R. 6535, introduced by my waiians are in particular need of the cul- your and our like-minded colleagues to friend and colleague on the Committee, Mr. turally relevant, lower cost health care op- achieve such inclusion in other appropriate Gallego, also Chair of the Committee’s Sub- tions offered by Native Hawaiian-focused or- vehicles. committee on Indigenous Peoples of the ganizations like NHHCS. All this has been Mahalo nui loa (thank you very much). United States on which I am also honored to worsened by COVID–19, which has inflicted I fully expect that further measures I am serve. some of the highest infection and mortality asked to support of benefit to American Indi- H.R. 6535, considered and unanimously re- rates on Native Hawaiian/Pacific Islander ans and Alaska Natives will include Native ported by this Committee on July 29, 2020, communities nationwide. The extension of Hawaiians. would extend federal tort claims coverage FTCA to NHHCC is just one of many initia- Thank you. for certain personal injury claims to urban tives that can make a real difference in en- The SPEAKER pro tempore. The Indian organizations by deeming them part suring NHHCS can continue to serve their question is on the motion offered by

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.029 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7247 the gentleman from Arizona (Mr. (A) evaluate the national significance of the vited to serve on the board of directors GALLEGO) that the House suspend the study area; of the Tuskegee Institute. rules and pass the bill, H.R. 6535, as (B) determine the suitability and feasibility of At Tuskegee, Rosenwald funded a amended. designating the study area as a unit of the Na- pilot program that helped build six tional Park System, including an interpretive The question was taken; and (two- center in or near Chicago, Illinois; schools for African-American children thirds being in the affirmative) the (C) consider other alternatives for preserva- in rural Alabama. This partnership ul- rules were suspended and the bill, as tion, protection, and interpretation of the study timately sparked the creation of the amended, was passed. area by the Federal Government, State or local Rosenwald Fund, which constructed A motion to reconsider was laid on government entities, or private and nonprofit or- more than 5,300 Rosenwald Schools and the table. ganizations; related buildings across the South. (D) consult with interested Federal agencies, f By 1928, one in every five rural State or local governmental entities, private and schools in the South was a Rosenwald nonprofit organizations, or any other interested JULIUS ROSENWALD AND THE School, providing education to one- ROSENWALD SCHOOLS ACT OF 2020 individuals; and (E) identify cost estimates for any Federal ac- third of all African-American children Mr. GALLEGO. Madam Speaker, I quisition, development, interpretation, oper- in the South through the 1940s. move to suspend the rules and pass the ation, and maintenance associated with the al- Many Americans are unaware of the bill (H.R. 3250) to require the Secretary ternatives. tremendous contributions that Julius of the Interior to conduct a special re- (c) APPLICABLE LAW.—The study under para- Rosenwald and the Rosenwald Schools source study of the sites associated graph (1) shall be conducted in accordance with made to our country. I would like to section 100507 of title 54, United States Code. with the life and legacy of the noted thank Representative DAVIS for this ef- American philanthropist and business (d) RESULTS.—Not later than 3 years after the date on which funds are first made available for fort to elevate this incredible part of executive Julius Rosenwald, with a the study under paragraph (1), the Secretary our Nation’s history. special focus on the Rosenwald shall submit to the Committee on Natural Re- Madam Speaker, I urge my col- Schools, and for other purposes, as sources of the House of Representatives and the leagues to support this bill, and I re- amended. Committee on Energy and Natural Resources of serve the balance of my time. The Clerk read the title of the bill. the Senate a report describing— Mr. WITTMAN. Madam Speaker, I The text of the bill is as follows: (1) the results of the study; and yield myself such time as I may con- (2) any conclusions and recommendations of H.R. 3250 sume. the Secretary relating to the study. Be it enacted by the Senate and House of Rep- Madam Speaker, H.R. 3250 would re- resentatives of the United States of America in The SPEAKER pro tempore. Pursu- quire the Secretary of the Interior to Congress assembled, ant to the rule, the gentleman from Ar- conduct a special resource study of the SECTION 1. SHORT TITLE. izona (Mr. GALLEGO) and the gentleman sites associated with the legacy of Ju- This Act may be cited as the ‘‘Julius Rosen- from Virginia (Mr. WITTMAN) each will lius Rosenwald, with special focus on wald and the Rosenwald Schools Act of 2020’’. control 20 minutes. the Rosenwald Schools. SEC. 2. RESOURCE STUDY OF JULIUS ROSEN- The Chair recognizes the gentleman Julius Rosenwald was born in 1862, WALD AND ROSENWALD SCHOOLS. from Arizona. while Abraham Lincoln was President, (a) DEFINITIONS.—In this section: GENERAL LEAVE in a house just a block away from Lin- (1) ROSENWALD SCHOOL.—The term ‘‘Rosen- wald School’’ means any of the 5,357 schools Mr. GALLEGO. Madam Speaker, I coln in Springfield, Illinois. He would and related buildings constructed in 15 southern ask unanimous consent that all Mem- eventually play his own major role in States during the period of 1912 through 1932 by bers may have 5 legislative days in helping to elevate our Nation’s Afri- the philanthropy of Julius Rosenwald. which to revise and extend their re- can-American citizenry. (2) SECRETARY.—The term ‘‘Secretary’’ means marks and include extraneous material A child of German immigrants, the Secretary of the Interior. on the measure under consideration. Rosenwald dropped out of high school (3) STUDY AREA.—The term ‘‘study area’’ The SPEAKER pro tempore. Is there after two years to apprentice with his means the sites associated with the life and leg- acy of Julius Rosenwald. objection to the request of the gen- uncles, who were major clothing manu- (b) SPECIAL RESOURCE STUDY.— tleman from Arizona? facturers in . He was ac- (1) STUDY.—The Secretary shall conduct a There was no objection. tive in the wholesale clothing business special resource study of the study area, with a Mr. GALLEGO. Madam Speaker, I from 1879, until he joined Sears and special emphasis on the following Rosenwald yield myself such time as I may con- Roebuck in 1895. Rosenwald became Schools and other sites associated with the life sume. vice president and part owner of the and legacy of Julius Rosenwald: Madam Speaker, I rise in strong sup- company. Sears was the Amazon of its (A) Sears Administration Building at Homan port of H.R. 3250, the Julius Rosenwald day, and Rosenwald went to extraor- Square in Chicago, Illinois. (B) Rosenwald Court Apartments in Chicago, and Rosenwald Schools Act, introduced dinary lengths to keep up with its Illinois. by Representative DANNY DAVIS. growth. (C) Museum of Science & Industry in Chicago, This bill directs the National Park After stepping down as president of Illinois. Service to conduct a study of sites as- Sears in 1924, Mr. ROSEnwald devoted (D) Rosenwald House (formerly the Lyon sociated with the life and legacy of Ju- most of his time to philanthropy. Over Home) at the Lincoln Home National Historic lius Rosenwald. the course of his life, he donated mil- Site in Springfield, Illinois. Julius Rosenwald was an American lions of dollars to public schools, col- (E) Cairo Rosenwald School, a one-teacher businessman and philanthropist, who is school in Sumner County, Tennessee. leges and universities, museums, Jew- (F) Shady Grove School, a one-teacher school well known for his role as part owner ish charities, and African-American in- in Louisa County, Virginia. and president of Sears, Roebuck and stitutions. (G) Noble Hill School, a two-teacher school in Company. Of all of his philanthropic efforts, Bartow County, Georgia. In the early 20th century, Rosenwald Rosenwald was most famous for the (H) Ridgeley School, a two-teacher school in used his wealth to fund Progressive Era more than 5,000 Rosenwald Schools he Prince Georges County, . projects and causes, particularly those established throughout the South for (I) Bay Springs School, a two-teacher school with a focus on enhancing the lives of poor, rural African-American youth, in Forest County, Mississippi. (J) Russell School, a two-teacher school in African Americans. and the 4,000 libraries he added to ex- Durham County, North Carolina. Rosenwald was instrumental in the isting schools. These schools were co- (K) Shiloh Rosenwald School, a three-teacher construction of 25 YMCAs across the operatively built with the assistance school in Macon County, Alabama. country, including Chicago’s historic from the local African-American com- (L) San Domingo School, a four-teacher Wabash Avenue YMCA, which provided munities. Donations of land and labor school in Wicomico County, Maryland. African Americans with housing and by the local community were matched (M) Elmore County Training School, a seven- job training during the Great Migra- by financial contributions of the teacher school in Elmore County, Alabama. (N) Dunbar Junior High, Senior High and tion. Rosenwald Fund. Junior College in Little Rock, Arkansas. Through his efforts with the YMCA, In fact, the great legacy is the num- (2) CONTENTS.—In conducting the study under Rosenwald developed a relationship ber of leaders in the African-American paragraph (1), the Secretary shall— with Booker T. Washington and was in- community that would come back and

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.030 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7248 CONGRESSIONAL RECORD — HOUSE December 17, 2020 actually teach in the Rosenwald The SPEAKER pro tempore. The The esteemed contralto singer Marian An- Schools. It was this effort, along with question is on the motion offered by derson, discriminated against in the Jim Crow Julius Rosenwald, that highlighted the the gentleman from Arizona (Mr. South, won a prestigious Julius Rosenwald disparities in the United States edu- GALLEGO) that the House suspend the Fellowship that allowed her to tour Europe, cational system and highlighted the rules and pass the bill, H.R. 3250, as entertaining heads of state, making headlines objectionable nature of separate but amended. in American newspapers and creating ‘‘Marian equal tenets that predominated the The question was taken. Mania’’ around the world. Returning to the school system under the law. The SPEAKER pro tempore. In the United States, she was invited by President In fact, it was these efforts that opinion of the Chair, two-thirds being Franklin Roosevelt and First Lady Eleanor helped Thurgood Marshall, when he ar- in the affirmative, the ayes have it. Roosevelt to play the White House in 1936 gued the case in 1954 before the Su- Mr. GALLEGO. Madam Speaker, on and, famously, sang ‘‘My Country ’Tis of preme Court, Brown v. Board of Edu- that I demand the yeas and nays. Thee’’ from the steps of the Lincoln Memorial cation, to successfully overturn these The SPEAKER pro tempore. Pursu- on Easter Sunday 1939 after being denied the separate but equal tenets of U.S. law at ant to section 3 of House Resolution stage of the Daughters of the American Revo- the time and found that separate but 965, the yeas and nays are ordered. lution Constitution Hall by segregationists. equal was indeed unconstitutional. Pursuant to clause 8 of rule XX, fur- The documentary, ‘‘Rosenwald,’’ by Aviva It was the efforts of Julius Rosen- ther proceedings on this motion will be Kempner was a fitting tribute to Julius Rosen- wald, plus the tireless efforts of Afri- postponed. wald. I was privileged to be present for a can-American communities across the Mr. COHEN. Madam Speaker, I rise in showing at the White House East Wing when United States, that finally got to a strong support of the Julius Rosenwald and was president and Valerie place that said, No, this is not the way Rosenwald Schools Study Act, a bill I intro- Jarrett was his senior advisor. Ms. Jarrett’s our school system should operate; we duced with Representative DANNY DAVIS and maternal grandfather, Robert Rochon Taylor, should, in fact, take up the cause of Af- Senator DICK DURBIN from Illinois. It is also co- was involved in carrying on the legacy of Ju- rican-American communities; they sponsored by 43 of our colleagues in the lius Rosenwald by helping to plan, build and should, indeed, have equal school sys- House of Representatives and nine Senators. manage what became known as Rosenwald tems that are not separate but that This bill would begin the process to estab- Courts, a multiunit housing complex in have all the assets and all the efforts lish a Julius Rosenwald & Rosenwald Schools Bonzeville. and all the focus that other schools had National Historical Park to focus on the incred- Julius Rosenwald was a visionary philan- at the time. ible impact of Julius Rosenwald, a successful thropist whose altruism—and philosophy of This was the foundation of that. entrepreneur and renowned philanthropist who giving embodied the Jewish concept of Rosenwald, through his funding of made lasting contributions to the advancement tzedakah—social justice and charity. It’s past these schools, actually was able to ele- of African American education during the time to ensure his legacy receives its due vate that issue to national prominence. twentieth century. place in history. I urge my colleagues to sup- I believe, and many others believe, too, Mr. Rosenwald was the President of Sears, port the swift passage of the Julius Rosenwald that it was one of the underlying prin- Roebuck & Company who used his fortune to and Rosenwald Schools Study Act. ciples and arguments that Thurgood enhance the lives of others—establishing mu- f seums, community centers, and housing as Marshall made before the Supreme b 1445 Court in 1954. well as helping Jews in Europe and new immi- In recent years, the National Trust grants to the U.S. Moved by Booker T. Wash- PEACE CORPS COMMEMORATIVE for Historic Preservation, in several ington’s autobiography Up from Slavery, Mr. WORK EXTENSION ACT State historic offices, have initiated Rosenwald committed his time and finances to Mr. GALLEGO. Madam Speaker, I programs to survey the surviving improving the lives of African Americans. No- move to suspend the rules and pass the Rosenwald Schools. In fact, in the tably, he established the Julius Rosenwald bill (H.R. 7460) to extend the authority First Congressional District of Vir- Fund that partnered with local communities to for the establishment by the Peace ginia, there are a number of remaining create over 5,300 schools in the south to ad- Corps Commemorative Foundation of a Rosenwald School buildings that are, dress the lack of education for African Ameri- commemorative work to commemorate incredibly, in very good shape. cans. During the 1920s, 1930s, and 1940s, the mission of the Peace Corps and the In fact, many of the community or- one-third of all African American children in ideals on which the Peace Corps was ganizations have purchased the build- the south were educated in Rosenwald founded, and for other purposes. ings, have raised money to renovate schools. A 2011 study by two Federal Reserve The Clerk read the title of the bill. the buildings, and put them back into economists concluded that the schools played The text of the bill is as follows: their original condition so that people a significant role in narrowing the education H.R. 7460 can actually see how education took gap between black and white students in the Be it enacted by the Senate and House of Rep- place at that time. south. resentatives of the United States of America in They highlight, too, leaders in the In addition, Mr. Rosenwald provided match- Congress assembled, African-American community who ac- ing funds to communities for construction of SECTION 1. SHORT TITLE. tually went there and taught at those YMCA’s for African Americans during the Jim This Act may be cited as the ‘‘Peace Corps schools. Remember, these teachers did Crow era. The Rosenwald Fund supported the Commemorative Work Extension Act’’. early NAACP cases that eventually led to the SEC. 2. EXTENSION OF AUTHORITY FOR ESTAB- everything. They came in, they stoked LISHMENT OF COMMEMORATIVE the fires in the stove, and they pre- Brown v. Board of Education of Topeka, pro- WORK TO COMMEMORATE THE MIS- pared lunches for the students. They vided fellowship to African Americans in the SION OF THE PEACE CORPS AND did everything to keep these schools arts and sciences, and supported a number of THE IDEALS ON WHICH THE PEACE Historically Black Colleges and Universities, CORPS WAS FOUNDED. running. This is a tremendous story Notwithstanding section 8903(e) of title 40, that needs to continue to be told across including Fisk, Dillard, and Howard. Mr. United States Code, the authority to estab- the Nation. Rosenwald improved the lives of those in Chi- lish the commemorative work under section As I said, these are indispensable cago as well, creating the Jewish United Fund 1(a) of Public Law 113–78 (40 U.S.C. 8903 note; parts of our community. This bill of Metropolitan Chicago and the Museum of 128 Stat. 647) shall continue to apply through would authorize a study to evaluate Science and Industry among many other local January 24, 2028. the national significance of selected initiatives. When I was seven years old, our The SPEAKER pro tempore. Pursu- Rosenwald School sites and determine first family vacation was to my mother’s home- ant to the rule, the gentleman from Ar- the suitability and feasibility of desig- town of Chicago. During that trip, we went to izona (Mr. GALLEGO) and the gentleman nating these sites as a unit of the Na- the Museum of Science and Industry, which from Virginia (Mr. WITTMAN) each will tional Park System. my mother and others referred to as ‘‘the control 20 minutes. Madam Speaker, I urge adoption of Rosenwald.’’ That memory led me to dig into The Chair recognizes the gentleman the measure, and I yield back the bal- the life of Julius Rosenwald as an adult. My from Arizona. ance of my time. dear and late friend, Julian Bond, told me GENERAL LEAVE Mr. GALLEGO. Madam Speaker, I about the Rosenwald schools and that Mr. GALLEGO. Madam Speaker, I have no further speakers, and I yield furthered my appreciation of this man’s far- ask unanimous consent that all Mem- back the balance of my time. sightedness, empathy and wisdom. bers have 5 legislative days in which to

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.031 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7249 revise and extend their remarks and in- understand American culture and by have as many ways of expressing it as clude extraneous material on the meas- bringing their experience back home to we possibly can. ure under consideration. America. Mr. WITTMAN. Madam Speaker, I The SPEAKER pro tempore. Is there It is fitting that this bill to extend have no further speakers, and I yield objection to the request of the gen- the Commemorative Works Act author- back the balance of my time. tleman from Arizona? ization for a Peace Corps Memorial is Mr. GALLEGO. Madam Speaker, it is There was no objection. sponsored by President John F. Ken- an honor and a privilege to be able to Mr. GALLEGO. Madam Speaker, I nedy’s grandnephew, Representative yield time to someone who I grew up in yield myself such time as I may con- JOE KENNEDY III. his district as his constituent. It is a sume. I am grateful to the thousands of great honor to be here and to hear Madam Speaker, I rise in strong sup- Americans who have served our Nation more about, obviously, Sears, Roebuck port of H.R. 7460, the Peace Corps Com- honorably in the Peace Corps. and Company and an area that I grew memorative Work Extension Act, in- Madam Speaker, I urge adoption of up in and know very well. troduced by Representative JOE KEN- the measure, and I reserve the balance Madam Speaker, I urge my col- NEDY. of my time. leagues to support this legislation, and Representative KENNEDY served as a Mr. GALLEGO. Madam Speaker, I I yield back the balance of my time. Peace Corps volunteer in the Domini- yield such time as he may consume to The SPEAKER pro tempore. The can Republic from 2004 to 2006. Unfor- the gentleman from Illinois (Mr. question is on the motion offered by tunately, he is not able to be here for DANNY K. DAVIS). the gentleman from Arizona (Mr. today’s vote, but I know how much this Mr. DANNY K. DAVIS of Illinois. GALLEGO) that the House suspend the means to him and the entire Returned Madam Speaker, I rise in strong sup- rules and pass the bill, H.R. 7460. Peace Corps Volunteers community. port of the Julius Rosenwald and the The question was taken; and (two- In 2014, the bipartisan Peace Corps Rosenwald Schools Act, and I thank thirds being in the affirmative) the Commemorative Act was signed into leadership for putting it on the suspen- rules were suspended and the bill was law to establish a commemorative sion calendar. passed. work to celebrate the Peace Corps and This bill starts the process to estab- A motion to reconsider was laid on its founding ideals. That legislation au- lish a Julius Rosenwald and Rosenwald the table. thorized the Peace Corps Commemora- Schools national historical park to f tive Foundation to establish the me- focus on the incredible impact of Ju- morial in Washington, D.C., but the au- lius Rosenwald, a successful entre- JIMMY CARTER NATIONAL HIS- thorization for the project is set to ex- preneur and renowned philanthropist TORICAL PARK REDESIGNATION pire in January 2021. who made a lasting contribution to the ACT The Peace Corps’ roots and mission advancement of African-American edu- Mr. GALLEGO. Madam Speaker, I date back to the 1960s. Since then, cation during the 20th century. move to suspend the rules and pass the more than 240,000 Peace Corps volun- Mr. Rosenwald was the president of bill (H.R. 5472) to redesignate the teers have served in 142 host countries Sears, Roebuck and Company during Jimmy Carter National Historic Site to train local communities across the its heyday. He used his fortune to en- as the ‘‘Jimmy Carter National Histor- world in technologies and skills such as hance the lives of others, establishing ical Park’’. agricultural protection, environmental museums, community centers, and The Clerk read the title of the bill. protection, and basic education. housing, as well as helping Jews in Eu- The text of the bill is as follows: Since its establishment, the Peace rope and new immigrants coming to H.R. 5472 Corps has helped promote world peace the United States. One-third of all Af- Be it enacted by the Senate and House of Rep- and friendship by improving the lives rican-American children in the South resentatives of the United States of America in of countless individuals across the during the 1920s, 1930s, and 1940s were Congress assembled, world. educated in Rosenwald schools. SECTION 1. SHORT TITLE. Madam Speaker, I would like to Although I did not attend a Rosen- This Act may be cited as the ‘‘Jimmy Car- thank Representative KENNEDY for his wald school, I grew up in rural Amer- ter National Historical Park Redesignation efforts to honor these incredible volun- ica, rural Arkansas, and actually at- Act’’. teers. tended a one-room school where one SEC. 2. DESIGNATION OF JIMMY CARTER NA- TIONAL HISTORICAL PARK. The planned memorial will be a last- teacher, Ms. Beadie King, taught eight (a) IN GENERAL.—The Jimmy Carter Na- ing tribute to the legacy of the Peace grades plus what we call the little tional Historic Site shall be known and des- Corps and its mission. This bill simply primer and the big primer all by her- ignated as the ‘‘Jimmy Carter National His- provides the foundation with more self. torical Park’’. time to raise money and pick an appro- In many of the rural towns where Af- (b) AMENDMENTS TO PUBLIC LAW 100–206.— priate design. rican Americans lived during that Public Law 100–206 (54 U.S.C. 320101 note; 101 Madam Speaker, I urge my col- time, there were no schools. If there Stat. 1434) is amended— leagues to support this bill, and I re- were, they only went to the sixth grade (1) in section 1(a), in the matter preceding paragraph (1), by striking ‘‘National Historic serve the balance of my time. and sometimes to the eighth grade. So Site’’ and inserting ‘‘National Historical Mr. WITTMAN. Madam Speaker, I the impact of these 5,300 schools that Park’’; yield myself such time as I may con- Julius Rosenwald helped to build—he (2) in section 3— sume. was a friend of Booker Washington, and (A) in subsection (a), by striking ‘‘provi- Madam Speaker, H.R. 7460, the Peace Booker Washington helped him under- sions of law generally applicable to national Corps Commemorative Work Extension stand that it was great for people to historic sites’’ and inserting ‘‘provisions of Act, extends through January 24, 2028, get to Tuskegee, but there were thou- law generally applicable to units of the Na- the authority of the Peace Corps Com- sands of African Americans in these tional Park System’’; and memorative Foundation to establish a (B) in subsection (d), in the second sen- rural areas who never had a first grade, tence, by striking ‘‘National Historic Site’’ commemorative work on Federal land second grade, third grade to get to. and inserting ‘‘National Historical Park’’; in the District of or its envi- Madam Speaker, I am delighted that (3) in section 6(2), by striking ‘‘National rons to honor and commemorate the leadership put this bill on the calendar Historic Site’’ and inserting ‘‘National His- mission and ideals of the Peace Corps. today. I thank the gentleman for yield- torical Park’’; Since President John F. Kennedy es- ing. And as you can tell, I am very pas- (4) by striking ‘‘historic site’’ each place it tablished the Peace Corps in 1961, over sionate about this bill. appears and inserting ‘‘historical park’’; 235,000 Americans have served as grass- I also live in the area where the (5) by striking ‘‘historic site’’ each place it roots volunteers in villages and towns international headquarters for Sears, appears and inserting ‘‘historical park’’; and (6) by striking ‘‘Historic Site’’ each place in 141 countries worldwide. Peace Corps Roebuck and Company existed at that it appears and inserting ‘‘Historical Park’’. volunteers seek to promote world peace time. So the name ‘‘Julius Rosenwald’’ (c) REFERENCES.—Any reference in any and friendship by improving the lives is an entity that our country should law, regulation, document, record, map, or of those they serve by helping others never, ever forget, and we ought to other paper of the United States to the

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.035 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7250 CONGRESSIONAL RECORD — HOUSE December 17, 2020 Jimmy Carter National Historic Site shall be or policies that govern the area, and I Madam Speaker, I urge my col- considered to be a reference to the ‘‘Jimmy urge adoption of this measure. leagues to support this measure. Carter National Historical Park’’. Madam Speaker, I reserve the bal- Mr. WITTMAN. Madam Speaker, I The SPEAKER pro tempore. Pursu- ance of my time. have no other speakers, and I yield ant to the rule, the gentleman from Ar- Mr. GALLEGO. Madam Speaker, I back the balance of my time. izona (Mr. GALLEGO) and the gentleman yield such time as he may consume to Mr. GALLEGO. Madam Speaker, I from Virginia (Mr. WITTMAN) each will the gentleman from Georgia (Mr. urge my colleagues to support the leg- control 20 minutes. BISHOP). islation, and I yield back the balance of The Chair recognizes the gentleman Mr. BISHOP of Georgia. Madam my time. from Arizona. Speaker, I rise today in support of H.R. Ms. JACKSON LEE. Madam Speaker, as a GENERAL LEAVE 5472, the Jimmy Carter National His- senior member of the Judiciary Committee, Mr. GALLEGO. Madam Speaker, I torical Park Redesignation Act. and a representative from the New South that ask unanimous consent that all Mem- The legislation would change the President Jimmy Carter symbolized, I rise in bers have 5 legislative days in which to name of the Jimmy Carter National strong support of H.R. 5472, the ‘‘Jimmy Car- revise and extend their remarks and in- Historic Site in Plains, Georgia, to the ter National Historical Park Redesignation clude extraneous material on the meas- Jimmy Carter National Historical Act,’’ bipartisan legislation that elevates the ure under consideration. Park, thereby ensuring that its nomen- designation of the Jimmy Carter National His- The SPEAKER pro tempore. Is there clature conforms to other noncontig- torical Site to accurately reflect its status in the objection to the request of the gen- uous sites within the National Park National Park System and accord with a tleman from Arizona? System. standard pattern of nomenclature. It would also honor the wishes of our There was no objection. National historical parks are typically areas Nation’s 39th President, who is a dear Mr. GALLEGO. Madam Speaker, I of greater physical extent and complexity than friend of mine, as well as my con- yield myself such time as I may con- national historic sites; often they contain mul- stituent. sume. On March 22, 2019, President Carter tiple discontiguous sites. Madam Speaker, I rise in support of also became our Nation’s longest-living According to the National Park Service, the H.R. 5472, the Jimmy Carter National President, surpassing the lifespan of Jimmy Carter National Historic Site, which was Historical Park Redesignation Act, in- George H.W. Bush. In October, he cele- established by Congress in 1987, is comprised troduced by Representative SANFORD brated his 96th birthday. of facilities at several sites in and around the BISHOP from Georgia. As many of you are aware, President town of Plains, Georgia and has the character- Established by Congress in 1987, the Carter has had a number of health istics that make the designation of ‘‘national Jimmy Carter National Historic Site challenges recently, which has created historical park’’ a more appropriate title than and Preservation District protects and a sense of urgency around this legisla- ‘‘national historic site.’’ shares the stories of key sites associ- tion and the rich legacy that he and Congress passed the legislation in 1987 to ated with the life of President Jimmy Mrs. Rosalynn Carter want to leave for preserve the key sites and structures associ- Carter. their longtime home in Plains, Geor- ated with President Jimmy Carter during his Today, the site consists of President gia. life, provide for the interpretation of the life Carter’s boyhood farm; Plains High After the Carters left the White and presidency of Jimmy Carter, and present School, which the Carters attended; House, the Carters and Plains commu- the history of a small rural southern town. the Carter home and compound where nity took the initiative to preserve and The historic site consists of President the Carters currently live; and the protect the history of this small, rural, Carter’s boyhood home in the community of Plains Railroad Depot, which served as agricultural community. Archery; Plains High School, now used for a Carter’s campaign headquarters during In 1987, Congress established the visitor center and headquarters for the historic the 1976 Presidential campaign. Jimmy Carter National Historic Site. site; the Plains depot, which was used as a H.R. 5472 would redesignate the Na- As you have heard, it consists of the headquarters for Jimmy Carter’s presidential tional Historic Site as the Jimmy Car- Plains Railroad Depot, which served as campaign; and the Carter compound, where ter National Historical Park to con- Jimmy Carter’s campaign headquarters President and Mrs. Carter have resided since form with the Park Service’s standard during the 1976 Presidential campaign; 1981. pattern of nomenclature and to help Jimmy Carter’s boyhood farm; Plains It is therefore fitting and proper that we pass promote increased visitation to the High School, which the Carters both this bipartisan legislation, supported unani- area. attended, and which now serves as the mously by the Georgia congressional delega- Madam Speaker, I would like to visitor center and museum; and the tion, designating this complex of historically thank Representative BISHOP for his ef- Carter home and compound, where the significant places as the ‘‘Jimmy Carter Na- forts to elevate the life of Jimmy Car- Carters currently live, which is now tional Historical Park,’’ in honor of the 39th ter, and I urge my colleagues to sup- closed to the public. President of the United States, whose post- port this bill. Madam Speaker, I re- In fact, the Jimmy Carter National presidency is universally regarded as the serve the balance of my time. Historic Site is the only site in the Na- greatest and most consequential in history. Mr. WITTMAN. Madam Speaker, I tional Park System, aside from the Madam Speaker, Jimmy Carter was little yield myself such time as I may con- White House, that is still an active known outside the South before he became sume. Presidential home. I have taken my en- president and I vividly recall his acceptance Madam Speaker, H.R. 5472 redesig- tire staff there on a number of occa- speech in July 1976 at Madison Square Gar- nates the Jimmy Carter National His- sions so that they could get a better den in New York City, which he began by say- toric Site as Jimmy Carter National feel and understanding of the values ing simply: ‘‘My name is Jimmy Carter and I’m Historical Park. This site includes that shaped this great Georgian. running for president.’’ President Carter’s resident and boy- Madam Speaker, H.R. 5472 enjoys the It was at that convention that the great Con- hood home. Plains High School serves bipartisan support of the entire Geor- gresswoman Barbara Jordan, who held the as the site’s visitor center. And the gia congressional delegation, as well as seat I now hold, made history by being the railroad depot, which served as cam- the Plains community. first African American woman to give the key- paign headquarters during the 1976 Madam Speaker, I want to thank note address at a major political party nomi- Presidential election, and also houses Chairman GRIJALVA and Ranking Mem- nating convention. additional exhibits. Redesignation of ber BISHOP on the full committee, and Madam Speaker, it is perhaps a failing of all the site does not affect the laws or Chairwoman HAALAND and Ranking us that we do not acknowledge nearly enough policies that govern the area, and the Member YOUNG on the National Park the enormous achievements and contributions primary impact of the passage of this Subcommittee. I thank Mr. GALLEGO to our country of the Carter Administration. legislation would be changing signs, and his able staff members, Brandon Let me list briefly some of the enormous maps, and handouts. Bragato and Lily Wang, for all of their positive changes wrought by President Carter, Redesignation of the Jimmy Carter help in bringing this legislation to the this most moral of public men was awarded National Historic Site as a national House today under suspension of the the Medal of Freedom in addition to being the historical park does not affect the laws rules. 2002 recipient of the Nobel Peace Prize.

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\A17DE7.006 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7251 During his administration, President Carter President Carter proudly and firmly made A motion to reconsider was laid on signed into law many legislative proposals that promotion and protection of human rights a the table. have changed our lives for the better and cornerstone of American foreign policy and f made living in America safer, more affordable, made clear that the United States would not WEIR FARM NATIONAL HISTOR- fairer, and better. overlook or tolerate human rights abuses, ICAL PARK REDESIGNATION ACT For example, President Carter signed into whether committed by adversary or ally, which law the Comprehensive Environmental Re- helped hasten the end of apartheid in South Mr. GALLEGO. Madam Speaker, I sponse, Compensation, and Liability Act, Africa and authoritarian governments in South move to suspend the rules and pass the known as the Superfund Act (Pub. L. 96–510). and . bill (H.R. 5852) to redesignate the Weir The U.S. Department of Energy was created President Carter appointed the first woman Farm National Historic Site in the in 1977 with the enactment of Department of of color to a cabinet position when he chose State of as the ‘‘Weir Energy Organization Act, signed into law as the Hon. Patricia Roberts Harris as his Sec- Farm National Historical Park’’. Pub. L. 95–91. retary of Housing and Urban Development and The Clerk read the title of the bill. The U.S. Department of Education was cre- then as Secretary of Health and Human Serv- The text of the bill is as follows: ated in 1979 with the enactment of Depart- ices. H.R. 5852 ment of Education Organization Act, signed It was President Carter who appointed Ruth Be it enacted by the Senate and House of Rep- into law as Pub. L. 96–88. Bader Ginsburg to the federal judiciary when resentatives of the United States of America in Airline travel was deregulated, making it af- he nominated her to be a judge of the U.S. Congress assembled, fordable for millions of Americans to travel by Court of Appeals for the District of Columbia SECTION 1. SHORT TITLE. air for the first time with the passage of the Circuit in 1980. This Act may be cited as the ‘‘Weir Farm Airline Deregulation Act, Pub. L. 95–504. It was President Carter who appointed Ste- National Historical Park Redesignation Act’’. Under President Carter, both the trucking phen Breyer to the federal judiciary when he and rail industry were deregulated leading to SEC. 2. WEIR FARM NATIONAL HISTORICAL PARK. nominated him for a seat on the U.S. Court of (a) IN GENERAL.—The Weir Farm National reduced shipping costs and lower prices for Appeals for the First Circuit in 1980. Historic Site shall be known and designated consumers with the signing of the Motor Car- In fact, when President Carter took office, as the ‘‘Weir Farm National Historical rier Act, Pub. L. 96–296, and the Staggers just eight women had ever been appointed to Park’’. Rail Act, Pub. L. 96–448. one of the 500 federal judgeships in the coun- (b) AMENDMENTS TO THE WEIR FARM NA- Madam Speaker, a little recalled fact is that try, he doubled that number and appointed 40 TIONAL HISTORIC SITE ESTABLISHMENT ACT OF under the Carter Administration, 9.8 million women, including eight women and 33 men of 1990.—The Weir Farm National Historic Site jobs were created, more than any president color. Establishment Act of 1990 (54 U.S.C. 320101 from Nixon until Clinton, thanks to economic President Carter changed the face of the note; Public Law 101–485; 104 Stat. 1171; 108 legislation like the Humphrey-Hawkins Full Stat. 4756; 112 Stat. 3296; 123 Stat. 1190) is federal judiciary to make it more representa- amended— Employment Act, signed into law as the Full tive of the American people and set the exam- (1) in section 2(2)— Employment and Balanced Growth Act (Pub. ple which Presidents Clinton and Obama fol- (A) by striking ‘‘historic site’’ and insert- L. 95–523) and Comprehensive Employment lowed. ing ‘‘historical park’’; and and Training Act Amendments (Pub. L. 95– After leaving office, President Carter em- (B) by striking ‘‘National Historic Site’’ 524. barked on an energetic and tireless post-presi- and inserting ‘‘National Historical Park’’; A full listing of the important laws signed by dency, founding in 1982 the Carter Presi- (2) in section 4— President Carter would take more time than dential Center at Emory University in Atlanta, (A) in the heading, by striking ‘‘historic we have available but includes the Civil Serv- Georgia, which is devoted to issues relating to site’’ and inserting ‘‘historical park’’; (B) in subsection (a), by striking ‘‘Historic ice Reform Act, Pub. L. 95–454, which created democracy and human rights. Site’’ and inserting ‘‘Historical Park’’; and the Office of the Inspector General, and the Most everyone has seen Jimmy and (C) by striking ‘‘historic site’’ each place it Alaska National Interest Lands Conservation Rosalyn Carter working with Habitat for Hu- appears and inserting ‘‘historical park’’; Act, Pub. L. 96–487, which designated certain manity International building housing and help- (3) in section 5, by striking ‘‘historic site’’ public lands in Alaska as units of the National ing underprivileged persons realize the dream each place it appears and inserting ‘‘histor- Park, National Wildlife Refuge, Wild and Sce- of home ownership. ical park’’; and nic Rivers, National Wilderness Preservation President Carter has served as a freelance (4) in section 6— and National Forest Systems, resulting in ambassador for a variety of international mis- (A) in the heading, by striking ‘‘historic sions, including mediating disputes between site’’ and inserting ‘‘historical park’’; and 79.54 million acres of refuge land in Alaska, of (B) by striking ‘‘historic site’’ each place it which 27.47 million acres were designated as countries, observing elections in nations with appears and inserting ‘‘historical park’’. wilderness. histories of fraudulent voting processes, and (c) REFERENCES.—Any reference in any President Carter was the first president to advising presidents on Middle East issues. law, regulation, document, record, map, or express to the nation the interrelation between He has also made time to be a prolific au- other paper of the United States to the Weir national security and energy independence thor, writing more than 30 books, including Farm National Historic Site shall be consid- and to take action to enhance both, with the Keeping Faith: Memoirs of a President (1983), ered to be a reference to the ‘‘Weir Farm Na- passage of the: Turning Point (1992), and An Hour Before tional Historical Park’’. 1. National Energy Act, Pub. L. 95–617 Daylight (2001). The SPEAKER pro tempore. Pursu- through 621, The United States and the world are better ant to the rule, the gentleman from Ar- 2. Emergency Natural Gas Act, Pub. L. 95– off because Jimmy Carter emerged from hum- izona (Mr. GALLEGO) and the gentleman 2, ble origins to become the 39th President of from Virginia (Mr. WITTMAN) each will 3. Reorganization Act of 1977, Pub. L. 95– the United States. control 20 minutes. 17, Not bad for a Georgia peanut farmer, An- The Chair recognizes the gentleman 4. Crude Oil Windfall Profit Tax Act, Pub. L. napolis graduate, and nuclear submariner, not from Arizona. 96–223, and bad at all. GENERAL LEAVE 5. Energy Security Act, Pub. L. 96–294. I strongly support this bipartisan legislation Mr. GALLEGO. Madam Speaker, I Other major legislation signed into law by and urge all Members to join me in voting to ask unanimous consent that all Mem- President Carter were the Depository Institu- pass H.R 5472, the ‘‘Jimmy Carter National bers have 5 legislative days in which to tions Deregulation and Monetary Control Act, Historical Park Redesignation Act.’’ revise and extend their remarks and in- Pub. L. 96–221; the Trade Agreements Act, God bless President Carter, and the United clude extraneous material on the meas- Pub. L. 96–39, and the Panama Canal Trea- States of America. ure under consideration. ties. The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there In the areas of foreign affairs and national question is on the motion offered by objection to the request of the gen- security, President Carter deescalated and the gentleman from Arizona (Mr. tleman from Arizona? normalized diplomatic relations with China, GALLEGO) that the House suspend the There was no objection. brokered the historic Camp David Accord be- rules and pass the bill, H.R. 5472. tween Israel and Egypt, and hastened the col- The question was taken; and (two- b 1500 lapse of the Soviet Union by supporting the thirds being in the affirmative) the Mr. GALLEGO. Madam Speaker, I mujahideen as it fought to repel and defeat rules were suspended and the bill was yield myself such time as I may con- the invading forces of the Soviet Union. passed. sume.

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.010 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7252 CONGRESSIONAL RECORD — HOUSE December 17, 2020 I rise in support of H.R. 5852, the Weir Weir Farm is a magnificent jewel I also thank, again, my friend, Mr. Farm National Historical Park Redes- that resides in the middle of my dis- GALLEGO. ignation Act, introduced by Represent- trict. Mr. WITTMAN. Madam Speaker, I ative . I should say at the outset, my dis- have no other speakers, and I yield In 1882, American artist Julian Alden trict is actually smaller than a great back the balance of my time. Weir traded a still life painting he had number of the national park assets in Mr. GALLEGO. Madam Speaker, I acquired in Europe for a 153-acre farm this country, and so much of the agri- urge my colleagues to support the leg- in Branchville, Connecticut. Inspired culture that used to characterize islation, and I yield back the balance of by the farm’s rural setting, Weir spent southwestern Connecticut, of course, my time. the next 36 years developing a new ap- has given way to urban environments The SPEAKER pro tempore. The proach to landscape painting and and to suburban environments. As a question is on the motion offered by gained a reputation as a leader of the consequence, this 70 acres of land is the gentleman from Arizona (Mr. American Impressionists. truly a jewel inside Connecticut’s GALLEGO) that the House suspend the In 1990, Congress established the Weir Fourth District and inside Fairfield rules and pass the bill, H.R. 5852. Farm National Historic Site to pre- County, Connecticut. The question was taken; and (two- serve the structures and rural land- The Weir Farm National Historic thirds being in the affirmative) the scape that inspired Weir’s transition Site stretches across just 70 acres of rules were suspended and the bill was into American Impressionism. Today, land, but in those 70 acres, there are passed. the 68-acre site includes more than a any number of historical buildings, a A motion to reconsider was laid on dozen structures, as well as historic vast collection of American art, or- the table. gardens, orchards, fields, and hundreds chards and landscapes, trails, gardens, f of historic painting sites. The National miles of stone walls, and Weir Pond, as Historic Site also maintains a museum well as over 250 historic painting sites. RECESS collection containing more than 200,000 Sometimes people don’t remember— The SPEAKER pro tempore. Pursu- archives and objects, including original though I appreciate my colleagues ant to clause 12(a) of rule I, the Chair paintings, sculptures, and prints. today reminding everyone—that south- declares the House in recess until ap- H.R. 5852 would redesignate the Weir western Connecticut has a long tradi- proximately 3:30 p.m. today. Farm National Historic Site as the tion of the production of American art, Accordingly (at 3 o’clock and 6 min- Weir Farm National Historical Park to including Childe Hassam, who resided utes p.m.), the House stood in recess. conform with the National Park Serv- in my own town of Cos Cob, Con- ice’s standard pattern of nomenclature necticut. f and to help promote increased visita- But this particular national histor- b 1530 tion to the area. ical site, soon to become a national Madam Speaker, I urge my col- historical park, offers an opportunity, AFTER RECESS leagues to support this bill, and I re- in particular, to the children who live The recess having expired, the House serve the balance of my time. in Stamford, Connecticut; Norwalk, was called to order by the Speaker pro Mr. WITTMAN. Madam Speaker, I Connecticut; and Bridgeport, Con- tempore (Ms. CASTOR of Florida) at 3 yield myself such time as I may con- necticut, cities that actually do have o’clock and 30 minutes p.m. sume. some meaningful poverty and in which H.R. 5852 would redesignate Weir children don’t have a lot of opportuni- f Farm National Historic Site in Con- ties to come face-to-face with their his- JULIUS ROSENWALD AND THE necticut as a National Historical Park. tory, face-to-face with art, and face-to- ROSENWALD SCHOOLS ACT OF 2020 This 68-acre historic site is the only face with our agricultural heritage, to The SPEAKER pro tempore. Pursu- National Park System unit dedicated actually see and touch these things. ant to clause 8 of rule XX, the unfin- to American painting and was estab- It is a really wonderful location in ished business is the vote on the mo- lished as a unit of the system in 1990. It the middle of Fairfield County, Con- tion to suspend the rules and pass the preserves the home, studio, and necticut, and this redesignation will bill (H.R. 3250) to require the Secretary grounds of American artist Julian capture the full breadth and the full of the Interior to conduct a special re- Alden Weir. comprehensive set of offerings that the source study of the sites associated Weir spent nearly four decades paint- Weir Farm National Historical Park with the life and legacy of the noted ing, and his artist friends Childe will continue to offer the people of American philanthropist and business Hassam, John Twachtman, Emil Connecticut and, quite frankly, the executive Julius Rosenwald, with a Carlsen, John Singer Sargent, and Al- people of the United States. special focus on the Rosenwald bert Pinkham Ryder often joined him The park’s designation today fails to Schools, and for other purposes, as there. Together, they created master- represent everything that the farm of- amended, on which the yeas and nays pieces of light and color on canvas that fers, including the remarkable youth were ordered. came to define American Impres- programs that I referred to earlier, The Clerk read the title of the bill. sionism. where organizations like Groundwork The SPEAKER pro tempore. The Following his death, Weir’s daughter, Bridgeport have partnered with Weir question is on the motion offered by Dorothy Weir Young, an artist in her Farm to provide young people with op- the gentleman from Arizona (Mr. own right, and her sculptor husband portunities that they might not other- GALLEGO) that the House suspend the carried on the artistic legacy at the wise have. rules and pass the bill, as amended. farm. They were followed by New Eng- Before I close, Madam Speaker, I The vote was taken by electronic de- land painters Sperry and Doris An- would like to thank Chairwoman vice, and there were—yeas 387, nays 5, drews. HAALAND, Chairman GRIJALVA of the Madam Speaker, redesignation of subcommittee, Ranking Member not voting 37, as follows: Weir Farm as a national historic park BISHOP, and Representative YOUNG for [Roll No. 245] does not affect the laws or policies that working on this piece of legislation. YEAS—387 govern the area. I urge adoption of this I thank the Friends of Weir Farm, in- Adams Balderson Blumenauer measure, and I reserve the balance of cluding Elizabeth Castagna and Judy Aderholt Banks Blunt Rochester Aguilar Barr Bonamici my time. Wander, who have pushed this very Allen Barraga´ n Bost Mr. GALLEGO. Madam Speaker, I hard, and the hardworking men and Allred Bass Boyle, Brendan yield such time as he may consume to women at Weir Farm, including Linda Amodei Beatty F. the gentleman from Connecticut (Mr. Cook, the superintendent. Armstrong Bera Brindisi Arrington Bergman Brooks (AL) HIMES). Finally, I thank my colleague, Sen- Axne Beyer Brooks (IN) Mr. HIMES. Madam Speaker, I thank ator MURPHY, who will be seeing that Babin Bilirakis Brown (MD) my friend, Mr. GALLEGO, for yielding. this bill moves expeditiously through Bacon Bishop (GA) Brownley (CA) I rise in strong support of H.R. 5852. the United States Senate. Baird Bishop (NC) Buchanan

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.040 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7253 Buck Graves (MO) McClintock Speier Titus Wasserman Titus (Connolly) Watson Coleman Wild (Scanlon) Bucshon Green, Al (TX) McCollum Stanton Tlaib Schultz Vargas (Correa) (Pallone) Wilson (FL) Budd Griffith McEachin Stauber Tonko Waters Veasey (Beyer) Welch (Hayes) Burchett Grijalva McGovern Stefanik Torres (CA) Watkins (McGovern) Burgess Grothman McKinley Steil Torres Small Watson Coleman f Bustos Guthrie McNerney Steube (NM) Weber (TX) Stevens Trahan Butterfield Haaland Meeks Webster (FL) STAND UP FOR AMERICANS WHO Calvert Hagedorn Meng Stewart Turner Welch Stivers Underwood Carbajal Hall Meuser Wenstrup ARE TRYING TO SURVIVE THE ´ Suozzi Upton Cardenas Harder (CA) Mfume Westerman COVID–19 PANDEMIC Swalwell (CA) Van Drew Carson (IN) Harris Miller Wexton Carter (GA) Hartzler Moolenaar Takano Vargas (Ms. JACKSON LEE asked and was Wild Cartwright Hastings Mooney (WV) Taylor Veasey Wilson (FL) given permission to address the House Case Hayes Moore Thompson (CA) Vela Wittman for 1 minute and to revise and extend Casten (IL) Heck Morelle Thompson (MS) Vela´ zquez Womack Castor (FL) Hern, Kevin Moulton Thompson (PA) Visclosky her remarks.) Castro (TX) Herrera Beutler Mucarsel-Powell Thornberry Walberg Woodall Ms. JACKSON LEE. Madam Speaker, Chabot Hice (GA) Mullin Tiffany Walden Yarmuth I thought about every day I would rise Timmons Walorski Young Chu, Judy Higgins (LA) Murphy (FL) to emphasize the number of Americans Cicilline Higgins (NY) Murphy (NC) Tipton Waltz Zeldin who have died in the last 24 hours be- Cisneros Hill (AR) Nadler NAYS—5 Clark (MA) Himes Napolitano cause of COVID–19, some 3,000-plus; Clarke (NY) Hollingsworth Neal Amash Massie Roy 300,000 Americans have already died, a Biggs Rice (SC) Clay Horn, Kendra S. Neguse half a million are expected to lose their Cleaver Horsford Newhouse NOT VOTING—37 Cline Houlahan Norcross life by the beginning of the year. Clyburn Hoyer Norman Abraham Gohmert Rooney (FL) It is crucial that we, without ceasing, Cohen Hudson Nunes Bishop (UT) Graves (LA) Ryan pass a COVID–19 package that includes Cole Huffman O’Halleran Brady Green (TN) Sensenbrenner Comer Huizenga Ocasio-Cortez Byrne Guest Spano a lifeline for families that are trying to Conaway Hurd (TX) Olson Carter (TX) Holding Trone survive: cash payment; unemployment; Connolly Jackson Lee Omar Cheney King (IA) Wagner more money for vaccines; more testing; Cooper Jacobs Palazzo Cloud Lesko Walker more money to stop evictions; more Correa Jayapal Pallone Collins (GA) Loudermilk Williams Duncan Marchant money for small businesses, res- Costa Jeffries Palmer Wilson (SC) Dunn McHenry Courtney Johnson (GA) Panetta Wright taurants, and our transportation com- Flores Mitchell Cox (CA) Johnson (LA) Pappas Yoho munity. Fudge Roby Craig Johnson (OH) Pascrell But more importantly, children are Crawford Johnson (SD) Payne Gianforte Rogers (AL) Crenshaw Johnson (TX) Pence losing parents. And the holiday season Crist Jordan Perlmutter b 1701 is coming, and many are not even Crow Joyce (OH) Perry So (two-thirds being in the affirma- thinking about another surge like we Cuellar Joyce (PA) Peters Cunningham Kaptur Peterson tive) the rules were suspended and the had from Thanksgiving. Curtis Katko Phillips bill, as amended, was passed. Madam Speaker, I beg of America to Davids (KS) Keating Pingree The result of the vote was announced prayerfully commemorate, celebrate, Davidson (OH) Keller Pocan as above recorded. love this holiday season, but it should Davis (CA) Kelly (IL) Porter Davis, Danny K. Kelly (MS) Posey A motion to reconsider was laid on be a skinny season to save lives. Davis, Rodney Kelly (PA) Pressley the table. Save lives. Dean Kennedy Price (NC) MEMBERS RECORDED PURSUANT TO HOUSE And we must pass a COVID–19 pack- DeFazio Khanna Quigley age, not leave until we get it done. DeGette Kildee Raskin RESOLUTION 965, 116TH CONGRESS DeLauro Kilmer Reed Allred (Wexton) Frankel (Clark Meng (Clark Americans are dying, and that means DelBene Kim Reschenthaler Axne (Davids (MA)) (MA)) that we have to stand up, and stand up Delgado Kind Rice (NY) (KS)) Garamendi Moore (Beyer) for them, and I am here on the floor to ´ Demings King (NY) Richmond Barragan (Beyer) (Sherman) Mucarsel-Powell stand up for them. DeSaulnier Kinzinger Riggleman Bera (Aguilar) Gottheimer (Wasserman DesJarlais Kirkpatrick Rodgers (WA) Blumenauer (Panetta) Schultz) f Deutch Krishnamoorthi Roe, David P. (Beyer) Grijalva (Garcı´a Nadler (Jeffries) Diaz-Balart Kuster (NH) Rogers (KY) Bonamici (Clark (IL)) Napolitano FAREWELL TO CONGRESS Dingell Kustoff (TN) Rose (NY) (MA)) Haaland (Davids (Correa) Doggett LaHood Rose, John W. Brownley (CA) (KS)) Neguse The SPEAKER pro tempore (Ms. Doyle, Michael LaMalfa Rouda (Clark (MA)) Hastings (Perlmutter) SHERRILL). Under the Speaker’s an- ´ F. Lamb Rouzer Cardenas (Wasserman Pascrell nounced policy of January 3, 2019, the Emmer Lamborn Roybal-Allard (Cisneros) Schultz) (Pallone) Engel Langevin Ruiz Case Heck (Kildee) Payne gentleman from New York (Mr. ENGEL) Escobar Larsen (WA) Ruppersberger (Cartwright) Jayapal (Raskin) (Wasserman is recognized for 60 minutes as the des- Eshoo Larson (CT) Rush Cleaver (Davids Johnson (TX) Schultz) ignee of the majority leader. Espaillat Latta Rutherford (KS)) (Jeffries) Peters (Kildee) ´ Mr. ENGEL. Madam Speaker, I would Estes Lawrence Sanchez Cohen (Beyer) Kennedy Peterson Evans Lawson (FL) Sarbanes Costa (Correa) (McGovern) (McCollum) hope that anyone who has ever had the Ferguson Lee (CA) Scalise Craig Kilmer (Kildee) Pingree privilege to serve as a Member of Con- Finkenauer Lee (NV) Scanlon (McCollum) (Cicilline) Kim (Davids Fitzpatrick Levin (CA) Schakowsky Davis (CA) Pocan (Raskin) gress leaves this place with a heart full (KS)) Fleischmann Levin (MI) Schiff (Scanlon) Porter (Wexton) of gratitude. After 32 years as a Mem- Kind (Beyer) Fletcher Lieu, Ted Schneider Dean (Scanlon) Price (NC) Kirkpatrick ber of this body, I certainly feel that Fortenberry Lipinski Schrader DeFazio (Davids (Butterfield) (Stanton) way. Foster Loebsack Schrier (KS)) Richmond Foxx (NC) Lofgren Schweikert DeGette (Blunt Kuster (NH) (Butterfield) It is hard to believe that I have been Frankel Long Scott (VA) Rochester) (Bustos) Roybal-Allard elected for 16 terms, 32 years. I came Fulcher Lowenthal Scott, Austin DelBene Lamb (Panetta) (Garcia (TX)) here at age 41, not knowing exactly Gabbard Lowey Scott, David (Cicilline) Langevin Ruiz (Dingell) Gaetz Lucas Serrano DeSaulnier (Lynch) Rush what to expect, and I have learned a Gallagher Luetkemeyer Sewell (AL) (Matsui) Lawrence (Underwood) great deal in these 32 years. Gallego Luja´ n Shalala Deutch (Rice (Kildee) Schakowsky I send gratitude, first and foremost, Garamendi Luria Sherman (NY)) Lawson (FL) (Kelly (IL)) to the people of the 16th District of Garcia (CA) Lynch Sherrill Doggett (Raskin) (Demings) Schneider Garcı´a (IL) Malinowski Shimkus Doyle, Michael Lieu, Ted (Beyer) (Casten (IL)) New York for sending me here 16 times. Garcia (TX) Maloney, Simpson F. (Cartwright) Lipinski Schrier It has been an honor to have your trust Gibbs Carolyn B. Sires Escobar (Garcia (Schrader) (Spanberger) and to be your voice here in the House. Golden Maloney, Sean Slotkin (TX)) Lofgren (Jeffries) Serrano Gomez Marshall Smith (MO) Eshoo Lowenthal (Jeffries) Gratitude to thousands of people: the Gonzalez (OH) Mast Smith (NE) (Thompson (Beyer) Sewell (AL) Capitol Police; the Sergeant at Arms; Gonzalez (TX) Matsui Smith (NJ) (CA)) Lowey (Tonko) (Cicilline) the Congressional Research Service; Gooden McAdams Smith (WA) Finkenauer McEachin Sires (Pallone) the Architect of the Capitol; the Office Gosar McBath Smucker (Underwood) (Wexton) Smith (WA) Gottheimer McCarthy Soto Fletcher McNerney (Courtney) of the Attending Physician, Dr. Brian Granger McCaul Spanberger (Raskin) (Raskin) Speier (Scanlon) Monahan; and so many others. It takes

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.012 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7254 CONGRESSIONAL RECORD — HOUSE December 17, 2020 a small army to keep Congress run- to some countries on the other side of As a child of the Cold War, I remem- ning, and you seldom get the recogni- the globe, if you don’t have much ber learning about America as a beacon tion you have earned. interaction with them, you won’t get of freedom and democracy, standing Gratitude to my staff over the years, to know them, and that is one thing I opposed to an oppressive, totalitarian and let me acknowledge a few who have hope changes, and changes soon. ideology. My entire life has been an been with me for a long while: the staff People have been stopping me here education in what a force for good director on the Foreign Affairs Com- and wishing me well upon my retire- America can be when we are at our mittee, Jason Steinbaum; my chief of ment from Congress, and many, again, best, in the American values that sup- staff, Bill Weitz; and my administra- are from the other party, and I want to port human rights and human dignity, tive assistant here in Washington, Ned thank them, because it means a lot to and America’s character of compassion Michalek. me. and generosity. Madam Speaker, I will include in the I have tried to be bipartisan, not giv- So, of course, as a public servant, I RECORD a full roster of my staff in the ing up what I believe and not pulling wanted to leave my mark on the way office of the 16th District and on the back from what I feel, but being bipar- the United States conducts itself on Committee on Foreign Affairs, with my tisan in that you can respect each the global stage. There are a few areas profound thanks. And, of course, other even if you don’t agree on some where I like to think I made a dif- Madam Speaker, I send gratitude to of the issues. ference. my fellow Representatives. We are all here trying to do the same I have always had a special place in When I came here, I never could have thing. We are all here trying to bring my heart for the Balkans and, in par- imagined that I would get to be chair- things home to our districts. We are ticular, a country called Kosovo. There man of the House Foreign Affairs Com- here because we love America, and we are many Kosovar Albanians in New mittee. It is a committee that I fol- are here because we are here with peo- York, and that is how I first got to lowed for many years. It is a com- ple who also love America. know the community. A good friend of mittee that I have always thought was My greatest honor here has been to mine, Harry Bajraktari, is the one who prestigious. It is a committee that I serve during this Congress as the chair- introduced me to the community, and thought was very important, and to be man of the House Committee on For- we have been doing work with the com- on that committee was a wonder for eign Affairs. munity and with the country of Kosovo me, but to be the chair of that com- b 1715 ever since. mittee is just unbelievable. I strongly supported the Clinton ad- I especially want to thank the mem- When I was sworn in for my first ministration’s intervention in the Bal- bers of the New York delegation, past term back in 1989, the then-majority kans in 1999. We stopped genocide from and present. We are a group as richly leader, who soon became Speaker, Tom happening again in Europe by doing diverse as the great State we come Foley of Washington State, asked me that. That was NATO at its best, that from. I am proud of the way we have my top three choices for committee as- was America at its best, stopping geno- stood together and stood up for New signments. I had to write it down, one, cide. A million people were being Yorkers, particularly in times of crisis two, and three. For one, I wrote foreign thrown out of Kosovo, and we stopped and tragedy: the pandemic we are en- affairs. For two, I wrote foreign affairs. it. That was one of my proudest mo- during now; Superstorm Sandy; the And for three, I wrote foreign affairs. ments as a Member of Congress. Great Recession; and, of course, in the I did it because I wanted to empha- I remember talking with President aftermath of the attacks of September size the fact that I had hoped to be on Clinton and saying, We have got to 11, 2001. the committee, even though people I am grateful to our leadership on asked me: Why do you want to be on help these people; we have got to help both sides, and it has been a unique foreign affairs? these people. honor to serve alongside our distin- It is not a committee that is back And we did. We know in hindsight that it stopped a genocide. And since guished Speaker, Ms. PELOSI from Cali- home. It is not something that you can fornia. I have served alongside her for meet people on. It is foreign affairs. It then, I have been a champion for the entire length of my time in the is all over the world. Kosovo’s sovereignty and independ- House, and let me tell you—let me tell I haven’t regretted being a member ence. That country has made tremen- everybody—she is certainly one of a of the committee and being the chair- dous strides and is recognized by the kind. I am privileged to call her my man of the Committee on Foreign Af- United States, the UK, France, Ger- friend. fairs for one day. To me, what is going many, Japan, and so many other im- We work very hard here, and some- on in the world, what is going on in the portant nations. times we are so busy working, we don’t world now, what went on in the world The people there are very, very pro- get to know some of our fellow Con- before, what is going on in the world in American; and when you go there as an gress Members, particularly those on the future is so important, and this American, you can’t help but feel how the other side of the aisle. As people Congress needs to be engaged and this much they love this country and how are coming up to me and wishing me Congress needs to be very much listen- grateful they are that we helped them the best as I leave Congress, it is peo- ing to what is going on, and help move with their independence. ple from both parties who are doing it. this country to the direction that we I have been honored by that country My Republican colleagues are doing it all know the United States can do. to have had a highway and a road and my Democratic colleagues as well, I said foreign affairs because, you named after me. And they even put me wishing me the best. It has been just know, since I was a kid, growing up in on a postage stamp. I was joking with an honor to serve with them. Bronx, New York, in public housing, my wife. I said, You know, it is not a We have to get to know each other since that time, I have been fascinated cheap postage stamp they put me on. It better. I think we have lost some of with America’s leadership role in the is a 2 pound postage stamp—two euro, that. world. I should say, a two euro postage stamp. If you have a colleague and you don’t All four of my grandparents were What an honor for me. serve on their committee and you are Jewish immigrants from what is now I served for a time as chairman and not from their State and you are from Ukraine, who fled the pogroms of the ranking member of the Western Hemi- the opposite political party, you don’t early 20th century, looking for safe sphere, Civilian Security, and Trade really get to know them. That is a haven and opportunity. And guess Subcommittee, and I have always shame, because I have learned that we what? They found it in America. They pushed for a foreign policy that focuses have so much talent on both sides of came here before World War I. If they on prioritizing what is going on in our the aisle, people who are coming up to hadn’t come here, they almost cer- own neighborhood. me and wishing me well, Republicans tainly would have perished in the Holo- One of the last bills President Obama as well as Democrats, and that is really caust. signed into law was my bill, the West- the way it should be. This country has been a refuge to ern Hemisphere Drug Policy Commis- Again, if you don’t see somebody in people who are hurting for many, many sion Act, which required our govern- the gym, if you don’t travel with them years, and I am grateful for it. ment to take stock of what has worked

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.044 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7255 and what has failed in our drug policy ceives from both sides of the aisle. Con- ple coming up to me and wishing me over the last few decades. The commis- gress should continue to give this part- congratulations come from both par- sion recently submitted its report to nership its full support in the future. ties, and for that I am deeply, deeply Congress with recommendations that I No one should play partisan politics grateful. hope will improve U.S. drug policy and with America’s relationship with So as I said, we don’t always agree. save lives. Israel. We have had heated debates in this I have also been a strong advocate for The Constitution gives Congress Chamber over war powers, weapons closer ties to our Caribbean neighbors. broad oversight authority to make sure sales, and more. But when we debate, I wrote the United States-Caribbean the executive branch is serving the we debate on the merits of the policy. Strategic Engagement Act to push for American people. As chairman, I have Then we cast our votes. Immediately a new strategy to engage Caribbean worked hard to demand accountability after, we get back to working together countries that seek out the expertise of from the administration. It hasn’t al- towards policies that leaves politics at the vibrant Caribbean diaspora living ways been easy, but during this Con- the water’s edge. That has always been right here in the United States. gress, the committee has succeeded in the culture of the Foreign Affairs Com- And when the Trump administration shining a light on some pretty trou- mittee. cut off assistance to Central America, I bling developments at the State De- As I said before, I am grateful to my was proud to lead a bipartisan effort to partment. partner in maintaining that tradition, restore those resources that are help- It is important that this work con- our ranking member, my friend from ing to reduce crime and violence and tinue into the next Congress, even as Texas, MICHAEL MCCAUL. We have be- root out corruption. the Trump administration ends and come good friends. We have rep- Thanks to my partner and friend, MI- President-elect Biden takes office. resented our country together overseas CHAEL MCCAUL of Texas, who was right After all, we don’t conduct oversight and we have wrapped up a lot of legis- there on the trip with me, right by my just for the sake of conducting over- lative victories. I certainly will miss side fighting with me, fighting with me sight. It shouldn’t be used as a political working with him. for what is right. Michael is a Repub- tool. If existing laws and regulations You know, Members generally don’t lican from Texas. I am a Democrat aren’t up to the task of preventing get to know each other. I said it before, from New York. We have become real- abuses and mismanagement, then we if you are not on the same committee ly, really good friends, and I wish there need to remedy these weaknesses. It is as someone, you will not know that would be more of that in Congress. up to Congress to bend back the crook- person. If that person is not from your When you get to know someone, again, ed branch. State, you probably won’t know that in the other party, and you don’t serve I am confident that my successor, my person. And if you haven’t traveled on a committee with them, but then friend from New York City, just like with that American, or done other you get to know them, you see how me, , will carry the things, you won’t know that person. marvelous they are. We have such good committee’s work forward with dis- We have got to change that. We have people here from all over the country tinction. I am glad that he is replacing got to know each other. We have got to doing their best, working hard and rep- me as chairman of the Foreign Affairs work with each other. We have got to resenting their districts well, and Mi- Committee, and I know that he will do accept each other. We are all here be- chael is certainly in that league. a wonderful job. cause we love the United States of So I was proud to lead a bipartisan It is on that point, the Foreign Af- America. effort to restore those resources that fairs Committee’s work, that I take the So with so much left on the Foreign are helping to reduce crime and vio- most pride. I have said for a long time Affairs Committee to do, I know GREG- lence and to root out corruption. that the Foreign Affairs Committee is ORY MEEKS will do a fine job of leading I have also long focused on American the most bipartisan committee in Con- the committee. In the 117th Congress, I policy toward Syria. In 2003, I wrote gress. Even at a time when our politics hope the Foreign Affairs Committee the Syria Accountability and Lebanese are so polarized, the members of our continues to take on these challenges. Sovereignty Restoration Act, which committee have worked together to ad- Congress needs to reclaim its authority helped end the Syrian occupation of vance American interests, values, and in foreign policy that has been chipped Lebanon. It pushed the Syrians out of leadership around the world. away year after year, in deference to Lebanon. We don’t always agree. We have had the executive branch, no matter who is In 2012, I sponsored the first bill to heated debates in this Chamber over in the executive branch. arm the Free Syrian Army in its fight war powers, weapons sales, and more. We need to make the State Depart- against the Assad regime. And just a But when we debate, we debate on the ment authorization act a regular part year ago, my legislation, the Caesar merits of the policy. Then we cast our of Congress’ work. And Congress needs Syria Civilian Protection Act, finally votes. Immediately after, we get back to reassert its authority over war pow- became law, providing the toughest to working together toward policies ers. I am confident that the committee sanctions to date on Assad, who has that leave politics at the water’s edge. can do big things, that Congress still killed so many people, and his We have always said that the Foreign has the capacity to do big things, to enablers. Affairs Committee is the most bipar- govern. I encourage the incoming Biden ad- tisan committee in Congress, and it is. We are here to govern. We come to ministration to take full advantage of We have always said that politics Washington from 441 different commu- these tools, dial up pressure on the re- should stop at the water’s edge when nities, each with its unique character gime, and try to stop the violence. Members of Congress are leaving our and concerns and priorities. That is 441 I said at the start of my time here, country and going to other countries elected officials whose job it is to stand when I spoke to some people back because when we are there, Democrats up for our constituents to make their home, that Israel would not have a bet- and Republicans, traveling together, voices heard. But we cannot lose sight ter friend in Congress than ELIOT we represent the United States of of the fact that the House of Rep- ENGEL. And no matter where you stand America, and so partisanship should resentatives—not 441 individuals, but on U.S. policy toward Israel, it would stop at the water’s edge. We have the body we constitute—has a responsi- be tough to argue that I haven’t lived worked very hard to do that. bility to govern. up to that commitment. I have been MICHAEL MCCAUL has worked very When I came here 32 years ago, the proud to stand with our ally, Israel, hard to do that, and I wish that we two parties looked very different from our closest friend in the Middle East would have more of that in Congress, the way they look now: Southern and, I would argue, in the world, realizing that we are all representing Democrats and Rockefeller Repub- throughout my career. our districts back home, our districts licans. The diffusion of political I believe that the United States and and constituencies are different, and ideologies across the aisle made it nec- Israel share an incredibly important we are all trying to do the best we can. essary for the two sides to seek out partnership, and the cornerstone of And I respect my colleagues on both compromise if the House was going to this relationship is the support it re- sides of the aisle who work hard. Peo- get its work done.

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.046 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7256 CONGRESSIONAL RECORD — HOUSE December 17, 2020 b 1730 and a range of other issues. We owe it So, I won’t be a Member here, but I As the parties have realigned over to the American people to try to gov- certainly will continue to have many the years, it has become harder and ern, to try to work together, not to re- friends here and will watch and see harder for the House to advance any- flexively reject what the other side what this Congress does. We have some thing that stands a chance at becoming says, not root our entire agenda in try- tremendously talented people. law except noncontroversial measures ing to make political gains in the next Again, I want to thank the Speaker, or must-pass legislation like the de- election, not to ignore facts and NANCY PELOSI; the majority leader, fense authorization and spending bills. science and reality because political al- ; and others as well who Frankly, again, as I said, it has be- legiances demand it. really have helped me and have been come harder and harder just to get to And, yes, that means acknowledging part and parcel of what I have done. know one another. I am a pretty pro- the results of last month’s election and , thank you as well. gressive Democrat by most measures, supporting the smooth transfer of My colleagues, life is bittersweet, but I always thought it was important power next month when President- and there are happy and sad things to cultivate relationships with my Re- elect Biden takes office as President of that sometimes come together. I am publican colleagues. We need to try to the United States. happy because I have had the privilege build cross-party bonds. We need to The Constitution has given the of serving here. I am happy because I work together with all Members of the American people this body, the House like to think that I have done good for House. of Representatives. In turn, the House people in this country. But I am sad to I may disagree with someone on 95 has given our country the 13th Amend- be leaving this body. percent of policy questions, but if you ment, suffrage for women, Social Secu- To my colleagues, I will be watching don’t know a person, Mr. Speaker, then rity and , the Civil Rights you; I will be proud; I will see what you don’t stand a chance of finding the Act, and the Voting Rights Act. They goes on; and I will stand by the TV or 5 percent in common and trying to weren’t easy victories, but if our prede- any other place and say: These are my build on it. If you don’t know a person, cessors in Congress hadn’t tried, then colleagues, and they are very, very Mr. Speaker, it is so much easier to they would never have been victories good. They care. dismiss his or her motives, and that is at all. It has been an honor and a privilege As we enter the dark winter of this really where things start to fall apart. to be a Member of Congress in the pandemic, we know there is light at No Member of this body doesn’t love United States of America. I am so the end of the tunnel. Today in the America. We share wildly different vi- grateful to have had that privilege. United Kingdom and soon the United sions of the best way for America to Thank you to all my colleagues. Best States, the most vulnerable are being meet its full potential, of the best way wishes, and God bless America. vaccinated against this deadly disease. to improve the lives of the American Mr. Speaker, I yield back the balance That will soon happen here. But so people, but we all love our country. of my time. much work remains before we can get And I worry that more and more Mem- back to normal. f bers are mired in mistrust on the other People are out of work, out of money, WARNING OF MARXISM IN side or saddled with purity tests, mak- and out of food. The American people AMERICA ing it difficult to build relationships will look to this body to govern. I The SPEAKER pro tempore (Mr. and seek common ground. know in my heart that we can put the ROSE of New York). Under the Speak- We have to resist the urge to let the American people first and answer the perfect be the enemy of the good. This er’s announced policy of January 3, call at this pivotal moment in our 2019, the gentleman from doesn’t mean abandoning our prin- country’s history. (Mr. GROTHMAN) is recognized for 60 ciples or losing sight of our goals. It The future success of the American minutes as the designee of the minor- means acknowledging the progress in people depends on the success of the ity leader. our political system takes time and House in meeting this challenge. So, I Mr. GROTHMAN. Mr. Speaker, in ad- perseverance. It means understanding will be rooting for all of you. that, as convinced as I might be that It has been a pleasure being your col- dition to addressing the Chair, I also my view is the correct one, a big chunk league. It has been a pleasure working want to address any history or civics of this body and of this country is like- with you. It has been a pleasure watch- teachers dealing with America and ly to disagree. It means taking wins ing how hard you work and what we do make some requests to them tonight. where we can get them, even if they for the American people. Thank you for In order to understand the current are modest. Because when we accom- letting me be your colleague. Thank events and understand why I and some plish even a little bit of good here, we you for being so kind to me and my other people are so concerned about haven’t done so in service of an idea or family. the outcome of this election, we must our party. We have done it for the When my son, who is now 34, my mid- have a discussion of Marxism. American people. That is what it dle child, came to the House when I All American schoolchildren should means to govern, and we are here to was first elected, he was 2 years old. have an understanding of Marxism. To govern. My daughter was 7, and my other son understand why over 30,000 American For example, I am a proud member of wasn’t born yet. He used to point to troops died in Korea, we must know a the Medicare for All Caucus. Going all the Capitol, and he used to say: ‘‘Cap- little bit about Marxism. To under- the way back to my time in the State itol. Daddy works there.’’ We would all stand why over 50,000 American troops house in Albany, I have supported sin- kind of laugh and think he was really, died in the , we must gle-payer healthcare. I hope to see really cute. Well, today, he is 34 years know a little bit about Marxism. Medicare for All in my lifetime. But old, and my three children have grown When I think of Marxism, I think of that hasn’t stopped me, over the last up with Congress, with the House, and three things. I think of their hatred of three decades, from voting for legisla- they know how much it means to me to God and hatred of religion. I think of tion that I thought would move the be a Member of this House and how Karl Marx’s thesis when he was back in needle in the right direction. much it means to them to learn all the college. It was in part titled ‘‘I Hate I was never under the illusion that things that we have been doing for the All Gods.’’ And, of course, I think when we would get there with one swing. But past several years. China bragged about getting rid of the we did get the Children’s Health Insur- I will never forget this place. I hope last churches, so I always associate ance Program, and we did get the Af- to come back and visit several times. I Marxism with the end of Christianity. fordable Care Act, which has made a will never forget my colleagues and my Secondly, I associate Marxism with difference in the lives of millions of friends. I will never forget that I am the elimination of the family as a so- Americans. It was real progress, which fortunate and we are fortunate to be cial unit. As a matter of fact, the we are defending even today. Americans, to love this country, to elimination of the family as a social It was also more than a decade ago, help move the country to policies that unit was one of the original goals of and our country still faces massive we think are best for the country and Karl Marx. I believe he was already challenges when it comes to healthcare for the world. teaming up with Engels by that time.

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.049 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7257 Finally, the desire to get rid of pri- and her husband worked hard and had a get rid of the old-fashioned nuclear vate property—by ‘‘private property,’’ good middle-class family. She felt family. it means: Do individuals have the right other parents who did not get married I should interrupt myself for just one to own their own house, to form their and did not form nuclear families were second here. The people who wrote on own business, to buy whatever they given preference as far as getting uni- the website for Black Lives Matter de- want? versity grants. Of course, they are scribed it as a Western patriarchic Those are the three things I think of given preferences as far as healthcare, family. The idea of having a mom and when I think of Marxism. as well. dad at home and a dad being part of a I hope all American children are fa- So, I think we should be concerned child growing up is not just an Amer- miliar with Communist China, Soviet when we have a group that, as far as I ican or Western thing. It is an African Russia, Cuba, Vietnam, and Cambodia. can see, almost nobody has publicly thing, and it is an Asian thing. It has Once you learn about the horrible disassociated themselves from that happened all the time, and it is a little things that have happened to these makes no bones about the fact that bit of a slam on these other cultures to people and the places, Mr. Speaker, I they are Marxists. imply that they do not have an old- want you to think about a quote. It is one of the reasons why I am con- fashioned nuclear family in other cul- Now, we spend a great deal on mili- cerned when I see one of my colleagues tures as well. tary expenditures here, and we are from California having a relationship Nevertheless, when I look at that going to wrap things up some time in of some sort with someone who was ap- many people without firing a shot who the next week around here, spending parently working for Marxist Com- apparently don’t have a big problem more money, again, on troops, ships, munist China. That is why I am scared with Marxism, it does scare me. and airplanes. But Nikita Khrushchev when I see that the mayor of New So, tonight, I will ask my colleagues warned us—actually bragged about—we York, our greatest city, gets elected to do what they can as they get out will take America without firing a after he apparently went on a honey- and about and as they give speeches to shot. moon to Cuba and apparently idealized tell particularly young people what Now, think of that. Here we spent all something like Cuba. He didn’t go Marxism is. I hope all teachers of our this money on nuclear weapons, air- there because he thought it was a hor- young people educate them as to what planes, ships, troops, and tanks—some rible place. type of government a lot of very power- made in my district—but Nikita Khru- When we look at this, we have to say: ful people around this world wish we shchev said: That is not how we are Are we in danger? had and how things worked out for going to defeat you. We are going to I think we are very much in danger other countries when they adopted defeat you internally. when we look at those three things. that Marxism model. I would assume if they are going to Americans do not know what Marx- Mr. Speaker, I yield back the balance defeat us, it is because we don’t under- ism is. Someday, I would like to have a of my time. stand what Marxism is. museum to Marxism just as we have a Things that concern me right now is museum to the Holocaust because all f the elevation of Black Lives Matter. Americans should know about the tens Two of the three founders of Black of millions of people who died, the ADJOURNMENT Lives Matter made no qualms about it: promises the Marxists made to those The SPEAKER pro tempore. Pursu- We are Marxists. people, and how it worked out. ant to section 4(b) of House Resolution To drive it home, on their website, I do think, as I said, that as young 967, the House stands adjourned until 10 which they took down when it became people are educated about what is a.m. tomorrow for morning-hour de- a little embarrassing going into the going on in the world in the last 100 bate and noon for legislative business. election: We disrupt the Western-pre- years, they should learn about Marx- Thereupon (at 5 o’clock and 45 min- scribed family. ism and all the people who died and all utes p.m.), under its previous order, the I recently ran into a woman in my the people whose freedoms have been House adjourned until tomorrow, Fri- district who complained that her chil- taken away and realize that there are day, December 18, 2020, at 10 a.m. for dren were driven into debt becauseh she genuinely people out there who want to morning-hour debate. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 6535, a bill to deem an urban Indian organization and employees thereof to be a part of the Public Health Service for the purposes of certain claims for personal injury, and for other purposes, as amended, for printing in the CONGRESSIONAL RECORD.

ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 6535

By fiscal year, in millions of dollars— 2020– 2020– 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2025 2030

Statutory Pay-As-You-Go Impact ...... 0 0 0 1 2 3 3 3 3 3 3 6 22 Components may not sum to totals because of rounding. h

REPORTS OF COMMITTEES ON Pt. 1). Referred to the Committee of the and preparation for extreme weather and the PUBLIC BILLS AND RESOLUTIONS Whole House on the state of the Union. Federal Government’s dissemination of best Mr. DEFAZIO: Committee on Transpor- practices to respond to extreme weather, Under clause 2 of rule XIII, reports of tation and Infrastructure. H.R. 5120. A bill to thereby increasing resilience, improving re- committees were delivered to the Clerk amend title 49, United States Code, to pro- gional coordination, and mitigating the fi- for printing and reference to the proper vide enhanced safety and environmental pro- nancial risk to the Federal Government from calendar, as follows: tection in pipeline transportation, and for such extreme weather, and for other pur- Mr. NEAL: Committee on Ways and Means. other purposes, with an amendment (Rept. poses (Rept. 116–662 Pt. 1). Referred to the H.R. 5821. A bill to amend title XVIII of the 116–661 Pt. 1). Referred to the Committee of Committee of the Whole House on the state Social Security Act to establish hospice pro- the Whole House on the state of the Union. of the Union. gram survey and enforcement procedures Mr. DEFAZIO: Committee on Transpor- Ms. WATERS: Committee on Financial under the Medicare program, and for other tation and Infrastructure. H.R. 4347. A bill to Services. H.R. 123. A bill to authorize a pilot purposes, with an amendment (Rept. 116–660 enhance the Federal Government’s planning program under section 258 of the National

VerDate Sep 11 2014 08:12 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.050 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE H7258 CONGRESSIONAL RECORD — HOUSE December 17, 2020 Housing Act to establish an automated proc- By Mr. BEYER: spect to diabetes in minority populations, ess for providing additional credit rating in- H.R. 8999. A bill to require the speeches and and for other purposes; to the Committee on formation for mortgagors and prospective schedules of the heads of executive agencies Energy and Commerce. mortgagors under certain mortgages, with to be made publicly available, and for other By Mr. GARCI´A of Illinois: an amendment (Rept. 116–663). Referred to purposes; to the Committee on Oversight and H.R. 9008. A bill to remove barriers to the Committee of the Whole House on the Reform. health care and nutrition assistance for chil- state of the Union. By Mr. CROW (for himself and Mrs. dren, pregnant persons, and lawfully present Ms. WATERS: Committee on Financial TRAHAN): individuals, under the program Services. H.R. 149. A bill to authorize funds H.R. 9000. A bill to amend title 10, United under title XIX of the Social Security Act, to prevent housing discrimination through States Code, to expand and codify matters the Children’s Health Insurance Program the use of nationwide testing, to increase covered by diversity training in the Depart- under title XXI of such Act, and under the funds for the Fair Housing Initiatives Pro- ment of Defense; to the Committee on Armed supplemental nutrition assistance program gram, and for other purposes, with an Services. under the Food and Nutrition Act of 2008, amendment (Rept. 116–664). Referred to the By Mr. CROW (for himself, Ms. and for other purposes; to the Committee on Committee of the Whole House on the state STEFANIK, and Ms. SPEIER): Energy and Commerce, and in addition to of the Union. H.R. 9001. A bill to amend title 5, United the Committee on Agriculture, for a period States Code, to provide that a Member of DISCHARGE OF COMMITTEE to be subsequently determined by the Speak- Congress convicted of certain felony offenses Pursuant to clause 2 of rule XIII, the er, in each case for consideration of such pro- relating to sexual abuse shall not be eligible visions as fall within the jurisdiction of the Committees on Oversight and Reform for retirement benefits based on that individ- committee concerned. and Science, Space, and Technology ual’s Member service, and for other purposes; By Mr. GOSAR: discharged from further consideration. to the Committee on House Administration, H.R. 9009. A bill to amend the Public H.R. 4347 referred to the Committee of and in addition to the Committee on Over- Health Service Act to increase the trans- the Whole House on the state of the sight and Reform, for a period to be subse- parency of the process of the National Li- Union. quently determined by the Speaker, in each brary of Medicine in listing and delisting Pursuant to clause 2 of rule XIII, the case for consideration of such provisions as journals in MEDLINE (or any other current fall within the jurisdiction of the committee Committee on Energy and Commerce or successor databases or indices), and for concerned. other purposes; to the Committee on Energy discharged from further consideration. By Ms. DEGETTE (for herself and Mr. and Commerce. H.R. 5120 referred to the Committee of MCCAUL): By Mr. HALL: the Whole House on the state of the H.R. 9002. A bill to amend title XIX of the H.R. 9010. A bill to direct the Secretary of Union. Social Security Act to provide States an op- Transportation to carry out a study on the Pursuant to clause 2 of rule XIII, the tion to cover a children’s program of all-in- feasibility of certain transit options in the Committee on Energy and Commerce clusive coordinated care (ChiPACC) under Campbellton Road transportation corridor in discharged from further consideration. Medicaid program; to the Committee on En- Atlanta, Georgia, and for other purposes; to ergy and Commerce. the Committee on Transportation and Infra- H.R. 5821 referred to the Committee of By Mr. DEUTCH (for himself, Mr. structure. the Whole House on the state of the KEATING, Mr. PETERS, and Ms. CAS- By Mr. HIGGINS of New York: Union. TOR of Florida): H.R. 9011. A bill to provide funds to the f H.R. 9003. A bill to require the Secretary of Centers for Medicare & Medicaid Services to State to submit to Congress a strategy of the provide grants to entities to establish lung REPORTED BILL SEQUENTIALLY Department of State and the United States cancer screening registries approved by the REFERRED Agency for International Development to ad- Centers for Medicare & Medicaid Services for Under clause 2 of rule XII, bills and dress the global climate change crisis, im- submission of certain data required for reim- reports were delivered to the Clerk for prove the energy and resource efficiency of bursement under the Medicare program for the Department, and for other purposes; to certain screening services, and for other pur- printing, and bills referred as follows: the Committee on Foreign Affairs. poses; to the Committee on Energy and Com- Mr. DEFAZIO: Committee on Transpor- By Mr. GARCI´A of Illinois: merce, and in addition to the Committee on tation and Infrastructure. H.R. 4347. A bill to H.R. 9004. A bill to amend the Personal Re- Ways and Means, for a period to be subse- enhance the Federal Government’s planning sponsibility and Work Opportunity Rec- quently determined by the Speaker, in each and preparation for extreme weather and the onciliation Act of 1996 to repeal provisions case for consideration of such provisions as Federal Government’s dissemination of best relating to the denial of benefits under the fall within the jurisdiction of the committee practices to respond to extreme weather, supplemental nutrition assistance program, concerned. thereby increasing resilience, improving re- and for other purposes; to the Committee on By Mr. HUIZENGA (for himself and Mr. gional coordination, and mitigating the fi- Agriculture. BROOKS of Alabama): nancial risk to the Federal Government from By Mr. GARCI´A of Illinois: H.R. 9012. A bill to amend title 18, United such extreme weather, and for other pur- H.R. 9005. A bill to amend the Public States Code, to eliminate Federal Prison In- poses (Rept. 116–662, Pt. 1); referred to the Health Service Act to direct the Secretary of dustries advantages over the private sector Committee on Science, Space, and Tech- Health and Human Services to award grants and small business in the procurement of nology for a period not later than December to Hispanic-serving institutions, historically commercially available goods and services; 17, 2020, for consideration of such provisions Black colleges and universities, Asian Amer- to the Committee on the Judiciary. of the bill as fall within the jurisdiction of ican and Native American Pacific Islander- By Mr. JOHNSON of Georgia: that committee pursuant to clause 1(p) of serving institutions, Tribal Colleges or Uni- H.R. 9013. A bill to amend title 11 of the rule X. versities, regional community-based organi- United States Code to dispense with the re- f zations, and national minority medical asso- quirement of providing assurance of payment ciations, for counseling, mentoring and pro- for utility services under certain cir- PUBLIC BILLS AND RESOLUTIONS viding information on financial assistance to cumstances; to the Committee on the Judici- Under clause 2 of rule XII, public prepare underrepresented minority individ- ary. bills and resolutions of the following uals to enroll in and graduate from health By Mr. KHANNA: professional schools and to increase services H.R. 9014. A bill to amend the United titles were introduced and severally re- for underrepresented minority students, and States Semiquincentennial Commission Act ferred, as follows: for other purposes; to the Committee on En- of 2016 to modify certain membership and By Mr. AMASH: ergy and Commerce. other requirements of the United States H.R. 8996. A bill to amend title 46, United By Mr. GARCI´A of Illinois: Semiquincentennial Commission, and for States Code, to repeal provisions relating to H.R. 9006. A bill to amend title XIX of the other purposes; to the Committee on Over- transportation by water that are popularly Social Security Act to provide for coverage sight and Reform. known as the Jones Act, and for other pur- under the Medicaid program under such title By Mr. KINZINGER (for himself and poses; to the Committee on Transportation of routine patient costs associated with par- Mr. MICHAEL F. DOYLE of Pennsyl- and Infrastructure. ticipation in certain clinical trials, and for vania): By Mr. AMASH: other purposes; to the Committee on Energy H.R. 9015. A bill to direct the Adminis- H.R. 8997. A bill to eliminate civil asset and Commerce. trator of the Environmental Protection forfeiture, and for other purposes; to the By Mr. GARCI´A of Illinois: Agency to establish an emissions avoidance Committee on the Judiciary, and in addition H.R. 9007. A bill to amend the Public program for certain nuclear reactors, and for to the Committee on Energy and Commerce, Health Service Act to direct the Secretary of other purposes; to the Committee on Energy for a period to be subsequently determined Health and Human Services, acting through and Commerce, and in addition to the Com- by the Speaker, in each case for consider- the Director of the Centers for Disease Con- mittees on Transportation and Infrastruc- ation of such provisions as fall within the ju- trol and Prevention, to conduct and support ture, and Financial Services, for a period to risdiction of the committee concerned. research and public health activities with re- be subsequently determined by the Speaker,

VerDate Sep 11 2014 06:40 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.015 H17DEPT1 dlhill on DSK120RN23PROD with HOUSE December 17, 2020 CONGRESSIONAL RECORD — HOUSE H7259 in each case for consideration of such provi- Congress must pass a pandemic excess prof- Clause 3 of Section 8 of Article I of the U.S. sions as fall within the jurisdiction of the its tax on large corporations who have Constitution and Clause 18 of Section 8 of committee concerned. achieved windfall profits due to the COVID- Article I of the U.S. Constitution. By Mrs. LAWRENCE (for herself, Mrs. 19 public health crisis; to the Committee on By Mr. GARCfA of Illinois: LESKO, Ms. DEAN, and Miss Ways and Means, and in addition to the Com- H.R. 9004. GONZA´ LEZ-COLO´ N of Puerto Rico): mittee on Small Business, for a period to be Congress has the power to enact this legis- H.R. 9016. A bill to require the Secretary of subsequently determined by the Speaker, in lation pursuant to the following: Veterans Affairs to establish a pilot program each case for consideration of such provi- Article 1, Section 8 to furnish doula services to veterans; to the sions as fall within the jurisdiction of the By Mr. GARCI´A of Illinois: Committee on Veterans’ Affairs. committee concerned. H.R. 9005. By Mr. MORELLE: By Mr. RESCHENTHALER (for him- Congress has the power to enact this legis- H.R. 9017. A bill to temporarily allow a de- self, Mr. DIAZ-BALART, and Mr. lation pursuant to the following: duction for the trade or business expenses of CHABOT): Article 1, Section 8 employees; to the Committee on Ways and H. Res. 1268. A resolution expressing the By Mr. GARCI´A of Illinois: Means. sense of the House of Representatives that H.R. 9006. By Mr. NADLER (for himself and Ms. the United States should initiate negotia- Congress has the power to enact this legis- SCANLON): tions to enter into a free trade agreement lation pursuant to the following: H.R. 9018. A bill to provide for the estab- with Taiwan; to the Committee on Ways and Article 1, Section 8 ´ lishment of the Office for Access to Justice Means. By Mr. GARCIA of Illinois: in the Department of Justice, and for other By Ms. PRESSLEY (for herself, Ms. H.R. 9007. purposes; to the Committee on the Judici- OMAR, Ms. ADAMS, Ms. WATERS, Ms. Congress has the power to enact this legis- ary. DEAN, Ms. LEE of California, Ms. lation pursuant to the following: By Mr. NEGUSE: JAYAPAL, and Mrs. HAYES): Article 1, Section 8 ´ H.R. 9019. A bill to amend the Helium Act H. Res. 1269. A resolution calling on the By Mr. GARCIA of Illinois: to ensure continued access to helium for President of the United States to take Exec- H.R. 9008. holders of Federal research grants, and for utive action to broadly cancel Federal stu- Congress has the power to enact this legis- other purposes; to the Committee on Natural dent loan debt; to the Committee on Edu- lation pursuant to the following: Resources. cation and Labor, and in addition to the Article 1, Section 8 By Mr. PANETTA (for himself, Mr. Committee on Ways and Means, for a period By Mr. GOSAR: HIGGINS of Louisiana, Miss RICE of to be subsequently determined by the Speak- H.R. 9009. New York, Mrs. AXNE, Mr. STEUBE, er, in each case for consideration of such pro- Congress has the power to enact this legis- and Ms. SHERRILL): visions as fall within the jurisdiction of the lation pursuant to the following: H.R. 9020. A bill to direct the Secretary of committee concerned. Article I, Section 8, clause 18 (the Nec- Veterans Affairs to expedite the processing essary and Proper Clause) which gives Con- of claims for disability compensation by vet- f gress the power make all Laws which shall erans affected by major disasters; to the CONSTITUTIONAL AUTHORITY be necessary and proper for carrying into Committee on Veterans’ Affairs. STATEMENT Execution the foregoing Powers, and all By Mr. PASCRELL (for himself, Mr. other Powers vested by this Constitution in KELLY of Pennsylvania, Ms. ESHOO, Pursuant to clause 7 of rule XII of the Government of the United States, or in and Mr. MCKINLEY): the Rules of the House of Representa- any Department or Officer thereof. H.R. 9021. A bill to amend titles XVIII and tives, the following statements are sub- By Mr. HALL: XIX of the Social Security Act to modernize mitted regarding the specific powers H.R. 9010. Federal nursing home protections and to en- granted to Congress in the Constitu- Congress has the power to enact this legis- lation pursuant to the following: hance care quality and transparency for tion to enact the accompanying bill or nursing home residents and their families; to This bill is enacted pursuant to the power the Committee on Ways and Means, and in joint resolution. granted to Congress under Article I of the addition to the Committee on Energy and By Mr. AMASH: United States Constitution and its subse- Commerce, for a period to be subsequently H.R. 8996. quent amendments, and further clarified and determined by the Speaker, in each case for Congress has the power to enact this legis- interpreted by the Supreme Court of the consideration of such provisions as fall with- lation pursuant to the following: United States. in the jurisdiction of the committee con- Article 1, Section 8, Clause 3 By Mr. HIGGINS of New York: cerned. By Mr. AMASH: H.R. 9011. By Mr. QUIGLEY: H.R. 8997. Congress has the power to enact this legis- H.R. 9022. A bill to amend chapter 22 of Congress has the power to enact this legis- lation pursuant to the following: title 44, United States Code, to ensure Presi- lation pursuant to the following: Article I, Section 8 dential records are preserved, duly created Fifth Amendment; Fourteenth Amend- By Mr. HUIZENGA: when non-official electronic messaging ac- ment, Section 5. H.R. 9012. counts are used, and made available to the By Mr. BEYER: Congress has the power to enact this legis- public and the next administration in a H.R. 8999. lation pursuant to the following: timely fashion to advance national security Congress has the power to enact this legis- Article 1, Section 8, Clause 3—To regulate and accountability, and for other purposes; lation pursuant to the following: Commerce with foreign Nations, and among to the Committee on Oversight and Reform. Article I, Section 8 the several States, and with the Indian By Mr. RICE of South Carolina: By Mr. CROW: Tribes. H.R. 9023. A bill to amend the Internal Rev- H.R. 9000. Amendment X—Nothing in the Constitu- enue Code of 1986 to modify the automatic Congress has the power to enact this legis- tion authorizes the Federal government to extension of certain deadlines in the case of lation pursuant to the following: do anything other than those things enumer- taxpayers affected by Federally declared dis- Article 1, Section 8, Clause 18: To make all ated (coin money, enter into treaties, con- asters, and for other purposes; to the Com- Laws which shall be necessary and proper for duct a Census—which are inherently govern- mittee on Ways and Means. carrying into Execution the foregoing Pow- mental). Thus, under Amendment X, the By Ms. SPEIER: ers, and all other Powers vested by the Con- right to carry out commercial activities is H.R. 9024. A bill to direct the Secretary of stitution in the Government of the United reserved to the States, respectively, or to Homeland Security to provide for an option States, or in any Department or Officers the people. under which a person to whom a document is thereof. By Mr. JOHNSON of Georgia: sent may elect to use the United States By Mr. CROW: H.R. 9013. Postal Service’s Signature Confirmation H.R. 9001. Congress has the power to enact this legis- service or Priority Mail Signature Confirma- Congress has the power to enact this legis- lation pursuant to the following: tion Restricted Delivery service to send se- lation pursuant to the following: United States Constitution, Article 1, Sec- cure identity documents, and for other pur- Article 1, Section 6 of the United States tion 8. poses; to the Committee on the Judiciary, Constitution By Mr. KHANNA: and in addition to the Committee on Over- By Ms. DEGETTE: H.R. 9014. sight and Reform, for a period to be subse- H.R. 9002. Congress has the power to enact this legis- quently determined by the Speaker, in each Congress has the power to enact this legis- lation pursuant to the following: case for consideration of such provisions as lation pursuant to the following: Article I, Section 8 fall within the jurisdiction of the committee Article I, Section 8, Clause 3 By Mr. KINZINGER: concerned. By Mr. DEUTCH: H.R. 9015. By Ms. GABBARD: H.R. 9003. Congress has the power to enact this legis- H. Res. 1267. A resolution expressing the Congress has the power to enact this legis- lation pursuant to the following: sense of the House of Representatives that lation pursuant to the following: Article I, Section 8, Clauses 3 and 18

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By Mrs. LAWRENCE: By Ms. SPEIER: H.R. 7618: Mr. KHANNA, Mr. CONNOLLY, Mrs. H.R. 9016. H.R. 9024. HAYES, Ms. SCANLON, and Ms. HAALAND. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 7642: Ms. PLASKETT. lation pursuant to the following: lation pursuant to the following: H.R. 7806: Mr. RUSH and Mr. TURNER. Article I, Section 8 of the United States This bill is enacted pursuant to the power H.R. 8046: Mr. CROW. Constitution granted to Congress under Article 1, Section H.R. 8125: Mr. SIRES. By Mr. MORELLE: 8 of the United States Constitution. H.R. 8254: Mr. TRONE, Mr. CHABOT, Mr. H.R. 9017. f DEFAZIO, and Mr. VEASEY. Congress has the power to enact this legis- H.R. 8525: Ms. ROYBAL-ALLARD. lation pursuant to the following: ADDITIONAL SPONSORS H.R. 8540: Mr. CROW. Article I, Section 8, of the United States Under clause 7 of rule XII, sponsors H.R. 8591: Mr. NEGUSE and Mr. Constitution FITZPATRICK. By Mr. NADLER: were added to public bills and resolu- H.R. 9018. tions, as follows: H.R. 8662: Mr. SHERMAN and Mr. HIGGINS of Congress has the power to enact this legis- H.R. 763: Mrs. BEATTY. New York. lation pursuant to the following: H.R. 1511: Ms. SCHAKOWSKY. H.R. 8702: Mr. DEFAZIO and Mr. PETERSON. Article I, Section 8, clauses I and 18 of the H.R. 1610: Mrs. AXNE. H.R. 8744: Mr. BLUMENAUER. Constitution of the United States. H.R. 1873: Mr. CLINE. H.R. 8753: Mr. CLINE. By Mr. NEGUSE: H.R. 1954: Mr. DUNCAN. H.R. 8772: Mr. WEBER of Texas. H.R. 9019. H.R. 2350: Mr. SHERMAN. H.R. 8782: Ms. BONAMICI. Congress has the power to enact this legis- H.R. 2442: Mr. RUIZ. H.R. 8797: Mr. FOSTER. lation pursuant to the following: H.R. 2731: Ms. SPANBERGER. H.R. 8801: Mr. LARSEN of Washington and Article 1, Section 8 H.R. 2862: Mr. WENSTRUP. Mr. JOHNSON of Georgia. By Mr. PANETTA: H.R. 3117: Ms. of California, Mr. H.R. 8809: Mrs. WATSON COLEMAN and Mr. H.R. 9020. CONNOLLY, Mrs. HAYES, Mr. GRIJALVA, and HUFFMAN. Congress has the power to enact this legis- Ms. HAALAND. H.R. 8812: Ms. NORTON. lation pursuant to the following: H.R. 3229: Mr. VARGAS, Mr. TAKANO, and H.R. 8828: Ms. NORTON and Mrs. NAPOLI- Article I, Section 8, clause 18 Ms. DELAURO. TANO. By Mr. PASCRELL: HERRILL OYBAL H.R. 3711: Ms. S and Ms. R - H.R. 8885: Mr. TONKO. H.R. 9021. ALLARD. H.R. 8889: Mr. RASKIN, Mr. COHEN, Ms. Congress has the power to enact this legis- H.R. 3826: Mr. WENSTRUP. KELLY of Illinois, and Mr. BRENDAN F. BOYLE lation pursuant to the following: H.R. 4098: Mr. TIFFANY. of Pennsylvania. This bill is enacted pursuant to the power H.R. 4681: Ms. ADAMS. H.R. 8896: Mr. GIBBS. granted to Congress under Article I, Section H.R. 5141: Mrs. CAROLYN B. MALONEY of H.R. 8911: Mr. BLUMENAUER 8, Clause 18 of the United States Constitu- New York. . H.R. 8912: Mr. SIRES. tion. H.R. 5829: Mr. CROW. By Mr. QUIGLEY: H.R. 6144: Mrs. LAWRENCE, Ms. ROYBAL- H.R. 8924: Mr. RYAN. H.R. 9022. ALLARD, Mrs. HAYES, and Ms. BLUNT ROCH- H.R. 8932: Mr. MULLIN, Mr. JOHNSON of Congress has the power to enact this legis- ESTER. Ohio, and Mr. FLORES. lation pursuant to the following: H.R. 6420: Ms. ADAMS. H. Con. Res. 123: Mrs. NAPOLITANO, Ms. Article 1, Section 8, Clause 3 of the U.S. H.R. 6578: Mr. COSTA. TLAIB, and Mr. NADLER. Constitution H.R. 6614: Mr. CROW. H. Res. 114: Mr. LAMALFA, Mr. MICHAEL F. By Mr. RICE of South Carolina: H.R. 6968: Ms. WEXTON. DOYLE of Pennsylvania, and Ms. ADAMS. H.R. 9023. H.R. 7073: Ms. KELLY of Illinois. H. Res. 1165: Ms. ESCOBAR, Ms. WILD, and Congress has the power to enact this legis- H.R. 7197: Ms. STEFANIK. Mr. GARCI´A of Illinois. lation pursuant to the following: H.R. 7255: Ms. JUDY CHU of California. H. Res. 1227: Mr. BISHOP of Georgia and Ms. SECTION 8. Clause 1. The Congress shall H.R. 7312: Mr. RASKIN. KELLY of Illinois. have Power to lay and collect Taxes. Duties, H.R. 7499: Mr. CASTRO of Texas, Mr. H. Res. 1261: Mr. JOHNSON of Ohio, Mrs. Imposts and Excises, to pay the Debts and RASKIN, Mr. GONZALEZ of Texas, Ms. HARTZLER, Mr. ROUZER, Mr. BUDD, Mr. GRIF- provide for the common Defence and general JAYAPAL, Mr. WELCH, Ms. BONAMICI, and Ms. FITH, Mr. GUEST, Mr. GARCIA of California, Welfare of the United States; but all Duties, LEE of California. and Mr. HICE of Georgia.

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Vol. 166 WASHINGTON, THURSDAY, DECEMBER 17, 2020 No. 214 Senate The Senate met at 10 a.m. and was like this: Don’t follow our example The senior assistant legislative clerk called to order by the President pro from the past four years. proceeded to call the roll. tempore (Mr. GRASSLEY). Or another way to put that is: Don’t Mr. DURBIN. I ask unanimous con- f treat Biden nominees to the Cabinet sent that the order for the quorum call like we treated Trump nominees to the be rescinded. PRAYER Cabinet. The PRESIDING OFFICER. Without The Chaplain, Dr. Barry C. Black, of- So they seem to want two sets of objection, it is so ordered. rules for Republican and Democratic fered the following prayer: f Let us pray. Cabinet nominees, just like they want Eternal God, our hearts are steadfast with judicial nominees. RESERVATION OF LEADER TIME toward You. Lead us faithfully to the President Obama had six Cabinet The PRESIDING OFFICER. The lead- refuge of Your choosing, for You desire Secretaries approved by the Senate on ership time is reserved. to give us a future and a hope. his Inauguration Day, without even Today, give our Senators the power needing a rollcall vote, so that Presi- f to do Your will as they realize more dent Obama could hit the ground run- CONCLUSION OF MORNING fully that they are servants of Heaven ning. BUSINESS and stewards of Your mysteries. Lord, President Trump had none by voice The PRESIDING OFFICER. Morning inspire them to seek Your best for our vote, and only two were approved by business is closed. Nation, repeatedly requesting Your rollcall votes before the President took f guidance and following Your leading. over. Trump Cabinet and sub-Cabinet May they help people maximize possi- nominees, even ones who had been eas- EXECUTIVE SESSION bilities for Your glory. ily confirmed in previous Republican We pray in Your sacred Name. Amen. administrations, faced obstruction and f partisan ‘‘nay’’ votes. Many Democrat EXECUTIVE CALENDAR Senators who aspired to be President PLEDGE OF ALLEGIANCE The PRESIDING OFFICER. Under voted against virtually every single the previous order, the Senate will pro- The President pro tempore led the Trump nominee, no matter how well ceed to executive session to resume Pledge of Allegiance, as follows: qualified. consideration of the following nomina- I pledge allegiance to the Flag of the My position has always been that a tion, which the clerk will report. United States of America, and to the Repub- President should have the ability to The senior assistant legislative clerk lic for which it stands, one nation under God, choose his own Cabinet people whom he read the nomination of Charles Edward indivisible, with liberty and justice for all. gets along with and whom he gets Atchley, Jr., of Tennessee, to be United The PRESIDING OFFICER (Mrs. along with on policy, provided, of States District Judge for the Eastern HYDE-SMITH). The Senator from Iowa. course, that they are qualified and will District of Tennessee. Mr. GRASSLEY. Madam President, I follow the law. The PRESIDING OFFICER. The as- ask unanimous consent for 1 minute in That is the way it should be. It is sistant Democratic leader. morning business. how I have approached nominees to The PRESIDING OFFICER. Without date. But can Senate Republicans be NOMINATIONS objection, it is so ordered. sure that if we employ that standard, Mr. DURBIN. Madam President, I am f Democrats will play fair with the next sorry that the Senator from Iowa, who spoke before me, left the floor before I NOMINATIONS Republican President? I don’t want retaliation for its own could get his attention. Mr. GRASSLEY. Madam President, sake, but the threat of holding Demo- Senator GRASSLEY is my friend. We we are getting, perhaps, close to a new cratic Senators to their own standards have served together for many years. Presidency. So there is a lot of talk has been our only means of deterrence We have worked on a lot of things to- about how the Senate might handle of obstruction. I want to hear from gether, and I bet we will in the future. new Cabinet people. Democrats are al- Democrats why we should not now I like working with him. He shoots ways lecturing Republican Senators adopt their standards and vote down from the hip and tells you exactly what about approving future Biden Cabinet nominees based on politics. he thinks. He has—I know this sounds nominees, even if we don’t agree with I yield the floor. a little vain—a midwestern approach to them. I suggest the absence of a quorum. him that I like a lot. Now, that is pretty darn rich. In The PRESIDING OFFICER. The He just gave us a little reminder here other words, they are saying something clerk will call the roll. about the difficulties that faced some

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

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VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.000 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7564 CONGRESSIONAL RECORD — SENATE December 17, 2020 of the Trump nominees on the floor of Then the subcommittee is supposed The bill itself is significant in that it the U.S. Senate. I remember that. to meet and vote out an appropriations has $748 billion in spending. There were some that were delayed be- bill at the end of that process, report- The areas of spending are fairly pre- cause of very basic things. They had ing it to the full committee. And we dictable: extending unemployment in- not filed their financial disclosure didn’t do that. surance benefits with a $300-a-week forms and the ethics reports, which Then the Appropriations Committee Federal supplement; $300 billion for were expected of all Cabinet nominees. is supposed to take up the subcommit- business loans for those that are strug- I don’t expect President-Elect Biden tee’s product, debate it, subject to gling to survive; an additional $13 bil- to cut any corners. I expect his nomi- amendment, and pass it out for a con- lion for the food stamp program, now nees to follow the rules and the law, sideration by the full body. We never known as SNAP, so that people who are and I am hoping that they will have bi- did that as well. relying on that, perhaps in the midst of partisan support when it comes to the The matter is supposed to come to unemployment, will have enough to Senate. I want to give this President a the floor of the Senate, be debated, as eat; $13 billion for our farmers; $25 bil- chance to get off to a good, solid start, well, perhaps amended, and pass the lion for emergency rental assistance to and he is going to need it. Senate, if it has the right, the nec- avoid evictions; $34 billion to hospitals We are in the midst of this pandemic. essary votes. We didn’t do that. and clinics for help as well, with a por- The numbers that roll in every single Then it is supposed to go to the tion of that set aside for rural hos- day are frightening. Even in my home House of Representatives to see how it pitals; $16 billion for testing and trac- State of Illinois, where Governor matches up with their similar work ing and the logistics of delivering the Pritzker and Mayor Lightfoot and so product. We didn’t do that either. vaccine across America; $12 billion for many others have worked hard to es- Ultimately, it may result in a con- a CDFI project for minority businesses. tablish standards of conduct that will ference report, according to the rules, There is $5 billion for additional help keep people safe, we know that the between the House and the Senate, and with mental health counseling, and we numbers are just unacceptable in terms that never happened. know that this pandemic and the econ- of infections and hospitalizations and, So the entire budget appropriations omy have taken their toll on the men- sadly, deaths as well. Over 300,000 process was completely avoided, and we tal health of America. Americans have died. find ourselves extending a continuing There is $82 billion for education, $20 We want to make sure that President resolution for the spending of the U.S. billion of that for higher education, Biden and Vice President Harris have Government for weeks at a time until school districts and schools—univer- the team and the wherewithal and the after the election. sities too. They have to spend a lot of resources to respond quickly when they So now we face the prospect, at the money because of COVID–19, and we take office on January 20. eleventh hour, of a decision to finish want to help them get back on their I hope my Republican friends will the work we were elected to do or to join me in that effort. They have every feet. simply delay the situation again. There is $10 billion for childcare, a right to expect these nominees to an- Well, we need to do our job, and we critical element for many families. If swer the very basic questions that are need to do it now. We need to pass our they can’t find childcare, many people required, but I hope that they will also annual appropriations bills to keep the can’t go back to work. We want to give do their best to expedite that process government running. I cannot imagine so that those going into critical posi- them help. the unforgivable and embarrassing There is $10 billion for broadband. tions to keep our country safe from tragedy it would be if the government Expanding broadband became critically this pandemic are in place, as well as is shut down for our failure to reach a important when kids relied on it to those who are going to serve our Na- decision. tion in critical capacities, whether it is continue their education on remote CORONAVIRUS Secretary of State or Attorney General learning. Madam President, we need to pass a There is $45 billion for transpor- or Department of Homeland Security. But I look forward to working with COVID relief bill. tation, everything from the airline in- my friend from Iowa. I take heed of his I was happy to join a group of 10 Sen- dustry to Amtrak, to transit, to buses. warning that we will hold these nomi- ators—5 Democrats and 5 Repub- They have all been hit hard, and we nees to the same standards as we held licans—3 weeks ago. We met for dinner need them to come back with our econ- President Trump’s nominees. one night—safe social distancing—in omy. one of the Member’s houses and spent There is $10 billion for our Postal GOVERNMENT FUNDING Madam President, we are at the elev- several hours talking about our frus- Service, and, boy, have they worked enth hour before a funding deadline tration that we hadn’t passed a COVID hard during this pandemic to keep up where the budget of the United States relief bill since March, when we passed with the demands. is at stake. Tomorrow, the continuing the CARES Act. And we know that And there are extensions of opportu- resolution expires, and we are facing things have gotten worse in this coun- nities to use CARES money into the the prospect of another continuing res- try, not only with the pandemic but next fiscal year—the next calendar olution. I pray that we don’t do that. also with the state of the economy. For year, I should say. This has been a very disappointing some reason, we just couldn’t reach an There were more. We reached agree- year for the Appropriations process. agreement—the two parties. ment on all of these and came up with Historically, the process begins with Well, this mixed group of Senators of a bill that we presented to the leader- the President’s budget, and then comes both political parties had a bold idea: ship of both the House and the Senate, a budget resolution passed by the Let’s try to do it ourselves. So we sat both parties. The good news is they House and the Senate for the spending down, and in the course of 3 weeks, I didn’t ignore it; they embraced it and priorities in the next fiscal year. We cannot tell you how many hours we started their own negotiations at the didn’t do that. spent on the phone—zoom calls, other very highest levels of leadership in the Then there is an allocation, usually, conference calls, and calls were even Congress. after the passage of a budget resolution taking place on Thanksgiving Day— Fingers crossed, we may come up of how much each subcommittee of the talking about what a COVID relief bill with a bill today, a COVID relief bill. Appropriations Committee can work might look like. Some of the items we So from the time of our press con- with, the total amounts of dollars. We debated long and hard. Most of them ference on Tuesday to the delivery of a didn’t do that. we agreed on. product as soon as today is an amazing Then the subcommittees have hear- This last Tuesday, this week, we re- accomplishment when you consider all ings, and some of these subcommittees ported our bill to the U.S. Senate, to the time that we have spent waiting in of Appropriations have many hearings, the floor of the Senate, and to the lead- hopes that we could find that solution. to explore whether the dollar amounts ers. And we didn’t just give them a We have made significant progress. that are allocated for a certain purpose memo with concepts. We gave them an Funding the government is basic to our really are well spent and serve their actual bill that could be introduced work in Congress, and this COVID re- purpose. We didn’t do that. today. lief bill is essential as well.

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.002 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7565 Now, I am disappointed in our work We can’t expect people to wait with ing around the country, and we need to product. There is pride and disappoint- any patience. We have waited too long get help to struggling Americans as ment. The disappointment is the fact ourselves. soon as possible. The time for debate is that we didn’t reach an agreement on CYBER SECURITY over. Let’s get this done. State and local government assistance. Madam President, let me close on a We started this week out with a tre- I favor that strongly, and I hope we topic that is related to this. The press mendously hopeful moment in our turn to that issue as soon as we return reports of Russian hacking into the se- COVID fight—the first vaccinations in January. curity systems of the United States are against this virus. It is incredible that Also, there was a question of liability as troubling as can be. This is nothing barely a year since we first learned and lawsuits during the time of short of a virtual invasion by the Rus- about the virus, we have a vaccine, COVID–19. We offered several alter- sians into critical accounts of our Fed- with more vaccines likely on the way. natives. The Republicans countered eral Government. I have been thinking a lot this week with theirs. We never had a meeting of It is possible that they have com- about the people who volunteered for the minds on that issue. I hope that we promised some of the most important vaccine trials. do return to it at some point soon. and sensitive information that this We have gained a new appreciation We need to put government spending government owns, information that we this year for a lot of people whose work on a course that makes sense for the rely on to keep America safe. Of we might have taken for granted in the next year that we are going to be tack- course, Vladimir Putin denies it, but past—the farmers and grocery store ling as soon as January. From the mili- we know better. It is not the first time, workers and truckdrivers who kept tary and the FBI, public housing and but I hope it is one of the last times. food on our grocery store shelves; the transportation, to medical research We need to make it clear to Mr. delivery drivers, whom we have relied and cybersecurity, in any way that we Putin, to China, to Iran, to North on so heavily this year, who have approach it, governing by CR is the Korea, and to any nation that would brought our packages to us so we can worst possible way to do business. compromise and breach our security minimize our time at the store; all the Continuing resolutions impede our that there is a price to pay. No, I am workers whose jobs can’t be done from government’s ability to operate effi- not calling for an invasion myself or home—from electrical workers, to ciently and, frankly, waste money. all-out war. I don’t want to see that trashmen, to pharmacists—who get up Taxpayers deserve better. The con- happen, but it is no longer a buddy- every day and put on their masks and tinuing resolution would leave us oper- buddy arrangement between the United go out and keep our country running; ating under funding levels before we States and Vladimir Putin. We have to and, of course, our Nation’s medical faced this national emergency, which take this man very seriously because professionals, who have faced down this affects every part of America today. he is a serious threat to the United virus with courage and determination It would restrict agencies from shift- States when he captures this kind of and with great compassion. ing dollars around to meet the chal- information, which we use so that our There have been a lot of quiet heroes lenges, and it would hurt their ability troops are safe in the field and we are this year, and the people who volun- to plan ahead, hire and train new em- safe in our homes. teered for vaccine trials should be high ployees, start new projects. We thought we had a defense mecha- on that list. A lot of courageous people Continuing resolutions cause delays nism established. It turns out that it stepped forward when we needed them, in contracts and grants when we need failed and compromised the integrity and we would not have a COVID vac- them the most. There are many exam- of our security in the cyber world. We cine today without their willingness to ples of these, such as funding for med- need to do better and, through the De- help. ical research. I don’t think there is an partment of Homeland Security and Monday was the beginning of what American alive today who doesn’t the Department of Defense, dedicate will hopefully be a decisive victory in value medical research today more the resources and say to Mr. Putin and our COVID battle. We owe that to the than they did a year ago. others like him around the world: We hard work and persistence of medical The Warp Speed project appears to be are not going to stand by and let you researchers, but we owe it also to the a dramatic success. I pray that it will take advantage of us. There will be a vaccine trial volunteers, who enabled be. Although I have been a frequent price to pay for this. researchers to complete the process of critic of this administration, I want to Frankly, if we do anything less than developing a safe and effective vaccine. give them credit for organizing this ef- that, it is hard to imagine we are doing It is no exaggeration to say that the fectively and delivering a vaccine in a our best to protect this great Nation. bravery of vaccine volunteers could end timely way—an almost amazing timely There will be more. I am sure there up saving hundreds of thousands or way—in this pandemic that we face. I will be security briefings for Members even millions of lives. I doubt we will thank all who were involved in it, espe- of Congress going into detail here, but ever know most of the volunteers’ cially the scientists and researchers the news that is coming out in the names, but they are heroes of this bat- who didn’t give up until they found media is very troubling. tle just the same, and I am very grate- these vaccines. We need to do all that we can to keep ful for the opportunity they have given We know that FEMA would be pro- America safe. And when adversaries us to defeat this virus. hibited from awarding Homeland Secu- such as Russia torment us, tempt us, TRIBUTE TO JOHANNA JABLONSKI rity grants to State and local govern- breach the security of our Nation, we Madam President, before I close, I ments unless we do our business of need to respond in kind. would like to take a moment to pay passing a budget. Safety and efficiency I yield the floor. tribute to one of my staffers, Johanna improvements in our transportation I suggest the absence of a quorum. Jablonski. Johanna is originally from programs, such as bridge repairs, need The PRESIDING OFFICER. The the small town of Ethan, SD, and is a to be timely and implemented. States clerk will call the roll. graduate of and former basketball star and cities would not receive their com- The senior assistant legislative clerk at Mount Marty College. munity development block grants, proceeded to call the roll. She first joined our team as a sum- which they desperately need. The list Mr. THUNE. Madam President, I ask mer intern, working in Sioux Falls. A goes on and on. unanimous consent that the order for little over 6 years ago, she moved to Our constituents elected us to do a the quorum call be rescinded. Washington, DC, and became a perma- job, and part of that job is to create a The PRESIDING OFFICER. Without nent member of the office. She started budget for this government. Months of objection, it is so ordered. out as a staff assistant and eventually bipartisan committee work and weeks CORONAVIRUS worked her way up to become my of bipartisan negotiations should not Mr. THUNE. Madam President, I am scheduler—and our starting pitcher, I be cast aside. I am hopeful that we will encouraged that we are making might add—here in DC. finalize a deal today and vote on it as progress on coronavirus relief legisla- When Johanna first came to my of- early as today or tomorrow at the lat- tion, but we need to finish up and get fice, she intended to move back home est. this bill out the door. The virus is surg- after a year or two, but God had plans

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.004 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7566 CONGRESSIONAL RECORD — SENATE December 17, 2020 for her here in DC. About 3 years ago, ments, and key investments for our fu- These are just some of the major pil- she met her husband Anthony at a Boy ture. lars. And equally important, we are Scouts fish fry at St. Peter’s Church Fortunately, our colleagues on the agreeing to be smart about financing right here on Capitol Hill. I know Jo- Appropriations Committee and their these extraordinary policies. hanna regards that as a blessing for House counterparts have been on the Now listen to this. We intend to re- her, but it was a blessing for our office, case. Bipartisan, bicameral committee purpose more than $400 billion in too, because we got to keep her around work has full-year government funding unspent funds which we have already a little longer than she had originally legislation on the 1-yard line. allocated in the CARES Act. It turned anticipated. But now, in a couple of I am optimistic that if we can close out these funds did not need to be weeks, Johanna will move back to out our other parallel business, we tapped to restore basic stability to our South Dakota. We are all very excited should be able to fund the government economy. It is time we put that money for her, but she will be sorely missed. and move forward together. to urgent use. Madam President, I know I don’t But that brings me to the way in Like I said at the time yesterday, I have to tell you or any other Senator which this year is unlike anything we am heartened by our discussions and here just how important the role of a have seen before. It has been more than our progress. I believe all sides are scheduler is in any office. The days 9 months since our Nation began to feel working in good faith for our shared here on Capitol Hill are busy. Our the full force of the COVID–19 pan- goal of getting an outcome. schedulers are the ones who bring some demic. The American people have done But I will say this. In my judgment, semblance of organization to an other- what Americans do when crises come we are very close to a point that arises wise chaotic day, making sure we get knocking. in every major negotiation. It is the Essential workers have kept our Na- to connect with our constituents in point where each side faces a fork in tion running. Healthcare professionals town, make it to committee hearings the road. have worked day and night to care for and votes on time, get the briefings we Do we want to lapse into politics as strangers. Heroic American businesses need on legislation, and much more. usual and let negotiations lose steam? Johanna is not only a good scheduler, have adapted, reinvented, and obeyed Do we want to haggle and spar like this the advice of medical experts. she is a great one. I will miss her pa- were an ordinary political exercise, get Now we can see the light at the end tience, her professionalism, and her un- wrapped around the axle of language or of the tunnel. Operation Warp Speed policy riders that we know are con- paralleled ability to keep trains run- has given us safe and effective vaccines troversial, or, on the other hand, after ning on time. But what I and I think in record time, but the American peo- months of inaction, do we want to the rest of my staff will miss the most ple need another bridge to those better move swiftly and with unusual biparti- about Johanna is her kindness. Jo- days that are not so far off. The coun- sanship to close out our issues, seal the hanna has had a positive impact on try needs Congress to come through deal, and write text that can quickly pretty much every staffer who has with another targeted rescue package. pass into law? worked with me during her time here, They have waited months. They have In short, we are near the point in this taking the time to get to know each of waited and suffered, and some have process where we decide if we are going them on a personal level. Whether she died while needless political games to stay on the fast track or drift back is interacting with an agency head, have played out. The American peo- toward business as usual. constituent, or a fellow staffer, she is ple’s wait for more emergency assist- I say the answer should be obvious. always the same—unfailingly gracious, ance ought to be over. patient, and kind. For months, I have called for a tar- After all these months, struggling No matter how busy or chaotic the geted, bipartisan package that would Americans don’t just need action; they day, Johanna can be counted on to put hundreds of billions of dollars into need action fast—fast. bring a steady hand and a positive atti- payroll support, testing, vaccine dis- So I continue to appreciate our pro- tude. She is a woman of deep faith, and tribution, extended unemployment aid, ductive discussions, but I hope we also it shows. I am sad to see her go, but I safe schools, and other essential prior- remember just how urgent the situa- want to wish her the very best of ev- ities. tion is for millions and millions of our erything as she embarks on this new So I am encouraged that our Demo- fellow citizens. chapter in life. cratic colleagues have now embraced So for the information of all Sen- Johanna, thank you for all your hard this framework that has been the right ators, we are going to stay right here— work on behalf of South Dakota. You solution for our country all this time. right here—until we are finished, even will be missed. And a bipartisan, bicameral agreement if that means working through the I yield the floor. appears to be close at hand. weekend, which is highly likely. I suggest the absence of a quorum. The outline that I have been dis- And if we need to further extend the The PRESIDING OFFICER. The cussing with the Democratic leader, Friday funding deadline before final clerk will call the roll. Speaker PELOSI, and Leader MCCARTHY legislation can pass in both Chambers, The senior assistant legislative clerk would get another huge dose of bipar- I hope we will extend it for a very, very proceeded to call the roll. tisan support out the door as fast as short—short—window of time. Mr. MCCONNELL. Mr. President, I possible. Our citizens can’t afford for us to get ask unanimous consent that the order We have yet to nail down every de- bogged down in the back-and-forth. for the quorum call be rescinded. tail, but in broad strokes, we have been Let’s finish up our bipartisan frame- The PRESIDING OFFICER (Mr. discussing the targeted second round of work. Let’s make law as soon as pos- SCOTT of Florida). Without objection, the job-saving Paycheck Protection sible. That is what our people deserve. it is so ordered. Program that Republicans have sought I suggest the absence of a quorum. RECOGNITION OF THE MAJORITY LEADER since last summer. The PRESIDING OFFICER. The The PRESIDING OFFICER. The ma- We are discussing many tens of bil- clerk will call the roll. jority leader is recognized. lions of dollars for distributing vac- The legislative clerk proceeded to GOVERNMENT FUNDING cines, COVID testing, and equipping call the roll. Mr. MCCONNELL. Mr. President, safe schools to get our kids’ educations Mr. SCHUMER. Mr. President, I ask well, we in Congress are no strangers back on track. We are discussing ex- unanimous consent that the order for to December funding deadlines or the tending important unemployment pro- the quorum call be rescinded. occasional pre-Christmas cliffhanger. grams. The PRESIDING OFFICER. Without In that respect, the situation we face At the particular urging of President objection, it is so ordered. now is familiar. Funding for the Fed- Trump and Secretary Mnuchin, who RECOGNITION OF THE MINORITY LEADER eral Government is hanging in the bal- continue to be the champions of cash The PRESIDING OFFICER. The ance. In the next few days, Congress relief for American families, we are Democratic leader is recognized. will either succeed or fail at providing discussing more direct impact pay- CORONAVIRUS secure and stable funding for our mili- ments for individuals, plus the bonus Mr. SCHUMER. Mr. President, we tary commanders, our Federal Depart- for families with children. continue to move closer to a final

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.006 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7567 agreement on an omnibus appropria- The clerk will call the roll. States Court of Federal Claims for a term of tions bill and a package of emergency The legislative clerk called the roll. fifteen years. Federal aid to provide the country re- Mr. THUNE. The following Senators Mitch McConnell, James E. Risch, Mike lief from the continuing impact from are necessarily absent: the Senator Crapo, Roy Blunt, Shelley Moore Cap- ito, Tom Cotton, John Cornyn, Chuck the COVID–19 pandemic. from Wyoming (Mr. ENZI), the Senator Grassley, Thom Tillis, Richard Burr, Yesterday, House and Senate leader- from Nebraska (Mrs. FISCHER), the Sen- Pat Roberts, Cory Gardner, Lindsey ship worked well into the night. We re- ator from Georgia (Mrs. LOEFFLER), Graham, , Marco Rubio, sumed first thing this morning. While and the Senator from Georgia (Mr. John Boozman, John Barrasso. many, if not all, of the difficult topics PERDUE). The PRESIDING OFFICER. By unan- are behind us, a few final issues must Mr. DURBIN. I announce that the imous consent, the mandatory quorum be hammered out. We are very close to Senator from California (Ms. HARRIS) is call has been waived. an agreement, but the details really necessarily absent. The question is, Is it the sense of the matter. When it comes to unemploy- The PRESIDING OFFICER (Mr. Senate that debate on the nomination ment benefits, stimulus checks, aid to GARDNER). Are there any other Sen- of Zachary N. Somers, of the District small businesses, and so much else, we ators in the Chamber desiring to vote? of Columbia, to be a Judge of the have a responsibility to get this right. The result was announced—yeas 54, United States Court of Federal Claims People’s lives depend upon it. nays 41, as follows: for a term of fifteen years, shall be I would note that had the Republican [Rollcall Vote No. 272 Ex.] brought to a close? majority joined in negotiations any- YEAS—54 The yeas and nays are mandatory time in the last 6 months, as we had re- under the rule. quested, we would not be in the unfor- Alexander Graham Risch Barrasso Grassley Roberts The clerk will call the roll. tunate position of negotiating against Blackburn Hawley Romney The legislative clerk called the roll. the government funding deadline. Blunt Hoeven Rounds Mr. THUNE. The following Senators Leader MCCONNELL kept calling for a Boozman Hyde-Smith Rubio are necessarily absent: the Senator pause, and here we are. I also note that Braun Inhofe Sasse Burr Johnson Scott (FL) from Wyoming (Mr. ENZI), the Senator we would have a much larger bill that Capito Jones Scott (SC) from Nebraska (Mrs. FISCHER), the Sen- met crucial needs of so many Ameri- Cassidy Kelly Shelby ator from Georgia (Mrs. LOEFFLER), cans if Republicans had not been so in- Collins Kennedy Sinema Cornyn Lankford Sullivan and the Senator from Georgia (Mr. transigent. Cotton Lee Tester PERDUE). But we are all eager to conclude our Cramer Manchin Thune Mr. DURBIN. I announce that the work and deliver the relief that the Crapo McConnell Tillis Senator from California (Ms. HARRIS) American people have been waiting for. Cruz Moran Toomey and the Senator from Alabama (Mr. Everyone wants to see this get done, Daines Murkowski Whitehouse Ernst Paul Wicker JONES) are necessarily absent. and soon. It is not an easy feat or proc- Gardner Portman Young The PRESIDING OFFICER. Are there ess. We are talking about providing re- NAYS—41 any other Senators in the Chamber de- lief to a country that is hurting from siring to vote or change their vote? coast to coast; a country with tens of Baldwin Gillibrand Reed Bennet Hassan Rosen The yeas and nays resulted—yeas 52, millions of unemployed workers and Blumenthal Heinrich Sanders nays 42, as follows: more slipping into poverty every day; a Booker Hirono Schatz [Rollcall Vote No. 273 Ex.] Brown Kaine country with businesses of all sizes and Schumer YEAS—52 varieties struggling in different ways Cantwell King Shaheen Cardin Klobuchar Alexander Graham Romney and more in danger of closing for good Smith Carper Leahy Stabenow Barrasso Grassley Rounds Casey Markey every week; a country that just yester- Udall Blackburn Hawley Rubio Coons Menendez Blunt Hoeven day suffered the worst day of the entire Van Hollen Sasse Cortez Masto Merkley Boozman Hyde-Smith Warner Scott (FL) pandemic—the most cases, the most Duckworth Murphy Braun Inhofe hospitalizations, the most deaths, more Warren Scott (SC) Durbin Murray Burr Johnson Shelby Feinstein Peters Wyden than 3,600 American lives. Capito Kelly Sinema Cassidy Kennedy Already, we know that the size of Sullivan NOT VOTING—5 Collins Lankford this emergency relief bill would be the Tester Enzi Harris Perdue Cornyn Lee Thune largest stimulus in the history of our Fischer Loeffler Cotton McConnell country if not for the other COVID re- Cramer Moran Tillis The nomination was confirmed. Toomey lief bill, the CARES bill, which I nego- Crapo Murkowski The PRESIDING OFFICER. Under Cruz Paul Whitehouse tiated with Secretary Mnuchin and we the previous order, the motion to re- Daines Portman Wicker passed earlier this year. Ernst Risch Young Let me say that again. We are put- consider is considered made and laid Gardner Roberts upon the table, and the President will ting the final touches on what would be NAYS—42 the largest stimulus in the history of be immediately notified of the Senate’s action. Baldwin Gillibrand Peters the country with the exception of the Bennet Hassan Reed CARES Act—larger even than ARRA, The Senator from North Dakota. Blumenthal Heinrich Rosen the stimulus bill Congress passed in Mr. CRAMER. Mr. President, I ask Booker Hirono Sanders unanimous consent that the manda- Brown Kaine Schatz the wake of the financial crisis in 2009. Cantwell King Schumer None of the remaining hurdles can- tory quorum call be waived. Cardin Klobuchar Shaheen not be overcome. Everyone is com- The PRESIDING OFFICER. Without Carper Leahy Smith objection, it is so ordered. Casey Manchin Stabenow mitted to achieving a result, and we Coons Markey Udall will not leave until we get the job f Cortez Masto Menendez Van Hollen done. Duckworth Merkley Warner I yield the floor. CLOTURE MOTION Durbin Murphy Warren Feinstein Murray Wyden VOTE ON ATCHLEY NOMINATION The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. All to rule XXII, the Chair lays before the NOT VOTING—6 postcloture time has expired. Senate the pending cloture motion, Enzi Harris Loeffler The question is, Will the Senate ad- which the clerk will state. Fischer Jones Perdue vise and consent to the Atchley nomi- The legislative clerk read as follows: The PRESIDING OFFICER. On this nation? CLOTURE MOTION vote, the yeas are 52, the nays are 42. Mr. SCHUMER. Mr. President, I ask We, the undersigned Senators, in accord- The motion is agreed to. for the yeas and nays. ance with the provisions of rule XXII of the f The PRESIDING OFFICER. Is there a Standing Rules of the Senate, do hereby EXECUTIVE CALENDAR sufficient second? move to bring to a close debate on the nomi- There appears to be a sufficient sec- nation of Zachary N. Somers, of the District The PRESIDING OFFICER. The ond. of Columbia, to be a Judge of the United clerk will report the nomination.

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.008 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7568 CONGRESSIONAL RECORD — SENATE December 17, 2020 The bill clerk read the nomination of so hard for something so simple really diplomatic efforts to rebalance power. Zachary N. Somers, of the District of was frustrating, and people in Ten- This isn’t my political opinion; this is Columbia, to be a Judge of the United nessee have not forgotten that frustra- the reality that diplomats, members of States Court of Federal Claims for a tion. the defense community, and policy ex- term of fifteen years. Before this year, they were painfully perts accept as a matter of fact. The The PRESIDING OFFICER. The Sen- familiar with the Chinese Govern- Senate Armed Services Committee ac- ator from Iowa. ment’s abysmal human rights record. cepted this reality when we drafted the (The remarks of Mr. GRASSLEY per- That initial footage of massive protests bipartisan 2021 NDAA. This year’s bill taining to the introduction of S. 5045 in Hong Kong had resurrected memo- contains the most substantial action are printed in today’s RECORD under ries of Tiananmen Square and re- we have ever taken to counter Chinese ‘‘Statements on Introduced Bills and minded everyone that the Chinese Gov- aggression and great power competi- Joint Resolutions.’’) ernment still uses political violence, tion. It establishes the Pacific Deter- Mr. GRASSLEY. I yield the floor. speech suppression, and torture to si- rence Initiative, which will help the I suggest the absence of a quorum. lence dissent. military enhance defense capabilities The PRESIDING OFFICER. The The people I talked to had read about in the region and reaffirms our com- clerk will call the roll. diplomatic tensions and trade deals, mitments to Taiwan, India, Vietnam, The legislative clerk proceeded to and they could sense that in spite of all Japan, and other allies and partners call the roll. those optimistic perspectives on the geographically near China. Mrs. BLACKBURN. Mr. President, I nightly news, our biggest rival in Asia We drafted numerous provisions to ask unanimous consent that the order had become our adversary. keep U.S. intellectual property, tech- for the quorum call be rescinded. So they weren’t at all shocked when nology, and data out of Beijing’s grasp The PRESIDING OFFICER (Mr. news reports started rolling in that the by limiting funding for universities YOUNG). Without objection, it is so or- Chinese Communist Party officials in that host Confucius Institutes and re- dered. Hebei Province and Beijing had done stricting defense industrial base em- CHINA nothing—not one thing—to stop the ployees from working for Chinese- Mrs. BLACKBURN. Mr. President, I spread of the novel coronavirus. owned companies. Why did we do this? Since then, Tennesseans and, indeed, have to tell you, when I am back home, Because we have learned that not only most Americans have received a valu- I am struck by one of the things I am is this part of China’s propaganda, this able education, courtesy of Xi Jinping hearing in Tennessee, and it is this odd is where they are embedding their mix of optimism and also of concern. and the Chinese Communist Party. We learned that the Chinese Government’s spies. And Tennesseans are very concerned In 2021, we will take major steps to failure to sound the alarm wasn’t an that we are not going to pass another secure our supply chain and invest in anomaly. It was intentional. Neither round of COVID relief in time to help American innovation to maintain our was there strong-arming of the World save their businesses and in time to technological advantage. We paid par- Health Organization or the incarcer- help people who lost their job through ticular attention to accelerating the ation and torture of doctors and jour- no fault of their own. And, on the other development of 5G networks that are hand, they are excited about the fact nalists who defied gag orders to blast out warnings to anyone who would lis- needed by our troops in the field and, that we finally have vaccines that are to complement that expansion, enhanc- going through the process, that are ten. They tried to tell us this was reaching a pandemic, and they were ing our Nation’s cyber security strat- getting to communities, and there are egy. vaccinations taking place. And I have punished. And as they look around at the eco- The Chinese Communist Party isn’t thought, you know, this is really an in- nomic ruin in their communities, as just playing politics on Twitter; their teresting mix of emotions, especially small businesses are shuttered and tactics pose a very real threat to our with Christmas right around the cor- independent music venues are boarded Nation’s security and that of our allies ner. up for the long haul, all those puzzle and our partners. And Sunday, after I had visited with pieces are falling into place, and, quite I have spoken at length about how some folks, I thought, you know, this, frankly, they are justifiably upset. I badly we need to unravel our relation- I think, is where people are going to be would venture to say many of them are ship with China. I have examined prob- for a while. Some are very optimistic. absolutely furious with what the Chi- lems related to our medical supply Some are incredibly worried. But there nese Government has done. chains, security issues in the building is one thing that is a constant—and I By now, we understand this is what blocks of popular technology, and have really watched this grow over the the Chinese Communist Party does as a sourcing for rare earth elements. Re- last several months. It is the confusion government, as an all-powerful polit- claiming these critical resources will and the anger that is directed at the ical organization, and as a group of take time and investment, but it can Chinese Communist Party. And, quite rabid ideologues from whom acts of be done, and I will continue to fight for frankly, this is something that I fully genocide flow as easily as the propa- this as we move into the next Congress. believe has reached a boiling point ganda posted to their many official But I want to consider just for a mo- with Tennesseans and with the Amer- Twitter accounts. This is all a part of ment a few examples of this entangle- ican public. their quest for global dominance, and ment that hit particularly close to Tennesseans were familiar with the their success depends on gaining com- home and really give a sense of how tense relationship between China and plete control over speech, thought, re- much private companies and organiza- the United States well before they sources, and their relationships with tions compromise just to maintain ac- found themselves in the middle of this other nations. cess to the Chinese marketplace. pandemic. Here is a good example. At This is the Chinese Communist Par- Earlier this year, the PR profes- this point, most everyone is familiar ty’s master plan. sionals at the NBA worked some seri- with China’s notorious disregard for in- When Xi Jinping took power in 2012, ous overtime after an investigative re- tellectual property rights, but when I there were a lot of optimistic pundits port published by ESPN showed that first started working on this issue in out there who thought that he would the Chinese Communist Party-affili- the House with songwriters back in embrace transparency and liberal eco- ated coaches at the league’s training Tennessee—and it was in the early nomic policies, but oh my goodness, facilities in Xinjiang were abusing 2000s—we felt like we were fighting have they ever been wrong. In fact, he players. That is correct—abusing play- that battle all alone. We had to fight styled himself in the image of Mao, ers. Initial reports of this abuse were with Chinese officials and eventually creating a personality cult that ignored by NBA officials. were able to establish some initial roy- equates attacks on Xi with challenges Keep in mind that these training fa- alty rates payable to U.S. copyright to the legitimacy of party rule. It is all cilities existed in the same region as owners whose sound recordings are about him. those concentration camps used to im- broadcast in China. That was a solid Anyone who has opened a history prison the Uighur Muslims and others win, but the fact that we had to fight book knows this doesn’t bode well for guilty of thought crimes against the

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.013 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7569 Chinese Communist Party. So what Vaccines and defense funding and new Today, hundreds of dissenters, including was the NBA doing there in the first technology will solve some immediate Hong Kong activists Joshua Wong and place? How could something like this problems, but they are not a strategy. Jimmy Lai, sit in jail for the sin of criti- actually happen? Here is the reason: Those are action items. cizing their government. Tibetan language, culture and religion are so repressed that Communist China plays host to an esti- We must all commit right now to an more than 150 Tibetans have self-immolated mated $4 billion NBA market. They say aggressive strategy that leads a whole- since 2009. Communist officials terrorize that China is ‘‘basketball obsessed,’’ of-government approach to protecting Uighurs under the guise of cultural re-edu- and NBA execs have used every avenue American intellectual property, secur- cation, locking dissenters in concentration they can to take advantage of that $4 ing our critical supply chains, and camps and perpetrating mass violence on a billion market. They jealously protect bringing our manufacturing back scale that has prompted many lawmakers those relationships even if it means home. like me to support legislation labeling the using skyrocketing sales numbers to We must assert our role as a leader violence in Xinjiang a genocide. on the global stage and stand between Yet fashionable concern soon gave way to explain away the blind eye they have a parade of appalling statements from world turned to the CCP’s crimes against hu- the Chinese Government and leadership leaders, multinational corporations and ce- manity. roles in international organizations. lebrities desperate to preserve their interests They are not alone. This fall, Walt How is it that China could have a seat in China’s economy. Beijing breathed a sigh Disney released their live-action on the Human Rights Council of the of relief and ramped up its own version of ‘‘Mulan’’ and caught some United Nations? Look at what they are disinformation campaign—about the origins well-deserved hell after sharp-eyed doing to the Tibetans, to the Tai- of COVID–19 and the Hong Kong crisis—by rights activists combed through the wanese, to the Hong Kong freedom taking a page from the freedom fighters’ credits and discovered that filmmakers fighters, and to the Uighur Muslims. playbook. Between March and September, the CCP chose to shoot scenes for the movie— We should continue to provide sup- violated its own ban against Twitter and where? Xinjiang, knowing that they port for Hong Kong and for Taiwan, amassed nearly 1.5 million followers would have to cooperate—with whom? build a strong network of allies and stretched across dozens of official accounts. The Chinese Communist Party’s propa- partners across the Indo-Pacific, and Using a mix of typical viral content, weird ganda flacks to get the kind of footage we should increase our defense invest- propaganda and COVID–19 misinformation to they wanted to play to their desired ment in the Indo-Pacific Command. attract attention, diplomats and other polit- Chinese audience. I laid out more items in a white ical leaders used their mainstream clout to Netflix also ran afoul of human paper I released earlier this year. It is lob insults at Western leaders and dismiss online at Blackburn.Senate.gov. It is the global outcry over Beijing’s atrocities as rights activists when they inked an ad- the product of ‘‘racism.’’ aptation deal with an author who par- time to pay attention to everything Beijing’s propaganda doesn’t generally rots Chinese Communist Party propa- the CCP is doing. pass even a minimal smell test, of course. Its ganda and made racist comments about In today’s New York Post, I have an play at ‘‘wolf-warrior diplomacy,’’ named the persecuted Uighur Muslims in op-ed that lays out how they are using after a patriotic film franchise, is a trollish Xinjiang. Twitter to troll and intimidate the rest p.r. campaign that relies on sheer numbers None—none of these scenarios in- of the world into staying silent. Do you and whataboutism to intimidate critics. volved high-stakes diplomatic negotia- know what? They are, unfortunately, The Chinese diplomats have even learned tions. No one involved was on a mis- having some success with that. World to tap into the rhetoric of wokeness. And sadly, it’s working. China’s ‘‘wolf warriors’’ sion to balance the geopolitical scales leaders, powerful corporations, and ce- can sink their teeth into the impressionable, at all cost. They did, however, stand to lebrities are all scared into silence by the contrarian and, terrifyingly, the net a tidy profit by maintaining friend- online propaganda campaigns. complicit among Western influencers and au- ly relations with the Chinese Com- Mr. President, I ask unanimous con- diences. munist Party. But did they ever stand sent that a copy of my op-ed be printed The CCP is counting on our fear of retalia- up and defend the Uighur Muslim mi- in the RECORD with these remarks. tion, not to mention the undying tendency of nority? No, they did not. There being no objection, the mate- our own elites to first blame America and When faced with such manipulation rial was ordered to be printed in the the West, to mislead us. We have no excuse for ignoring reality, on a global scale, Tennesseans expect RECORD, as follows: however. If you need proof, it’s sitting in accountability. They want news re- [From the New York Post, Dec. 16, 2020] your hand. Google phrases like ‘‘Uighur ports and hearings and absolute con- HOW CHINA USES INTERNET TROLLS TO HELP forced sterilization’’ and ‘‘Mongol ethnic as- demnation. But that is not what they COVER UP ITS ATROCITIES similation,’’ then brace yourself. get. Instead, they get regurgitated (By Marsha Blackburn) Millions of victims of Xi Jinping’s ‘‘China propaganda transmitted directly from The greatest benefit to Big Tech’s other- Dream’’—a nightmarish blend of ideological the CCP, peppered with media buzz wise dubious influence over our lives is that conformity and behavior controls—regularly words and distilled into sound bites. it’s impossible for the world’s human-rights risk their lives speaking truth to power. Our attempts to hold the Chinese violators to hide their crimes. Information Meanwhile, in the safe confines of the West, powerhouse personalities and companies ago- Communist Party accountable for cov- that years ago would have been filtered by official, sanitized sources now flows from nize over the financial risks of criticizing ering up the origins of the pandemic Beijing. were met with baseless accusations of anyone with the guts to tweet about it. But social media’s power to disseminate In 50 or 100 years, when historians ask how xenophobia and of racism. I have met ideas means the tyrants themselves are bet- such things could have happened, I hope similar resistance when speaking truth ter equipped than ever to obfuscate, lie and someone invokes the cowardice inherent in to power about the CCP’s aggression in troll their way out of crises—capitalizing on that cost-benefit analysis as the answer to Tibet, Mongolia, the concentration the moral confusion and greed of the modern their question. camps in Xinjiang, and the arbitrary West. Mrs. BLACKBURN. If they can do detention of the Hong Kong freedom Last December, freedom fighters a world that with a hashtag—all of that sup- fighters. Prominent members of the away were busy tweeting about the Chinese pression, all of that intimidation—then press, pundits, and even Members of Communist Party’s aggression in Hong think about what they will do in the Kong. Much to the chagrin of party bosses in Congress who have access to more than Beijing, guerrilla coverage of mass protests real world. enough information to know better— spread rapidly, prompting digital activists If we stand down, the Chinese Gov- all provide cover for the Chinese Com- worldwide to condemn the CCP’s latest hor- ernment is going to keep pushing to munist Party at the expense of Amer- ror show. stand up. They will fill a power vacuum ican lives and livelihoods. It is all Civil-society groups seized the moment to because their determination is to be there in black and white. They are fail- spotlight the CCP’s colonialism in Tibet and the leader, the global dominator. They ing an open-book test because they are Inner Mongolia, the regime’s cruelty—to- want the 21st century to be the China ward Uighur Muslims in Xinjiang and the century. It is their strategy. It is what refusing—refusing to admit that their horrifying plight of Falun Gong practi- coziness with China does not serve the tioners. Shock turned into revulsion that they do. So now is the time to act. I American people or our allies well. manifested in demands for change. It was a would encourage my colleagues to re- This situation will not evaporate shining moment of international unity that member this as we begin a new Con- with the start of the new Congress. vowed an end to totalitarianism in Asia. gress.

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.015 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7570 CONGRESSIONAL RECORD — SENATE December 17, 2020 I yield the floor. The Washington Post looked at the The economy isn’t physics. It is not I suggest the absence of a quorum. 50 biggest corporations. Between April governed by a scientific law outside The PRESIDING OFFICER. The and September, these companies hand- our control. It is made up of people clerk will call the roll. ed out more than $240 billion—240,000 making choices about our values and in The legislative clerk proceeded to million, $240 billion—to their stock- what kind of society we want to live. call the roll. holders through stock buybacks and That is the reason we have an Occu- Mr. BROWN. Mr. President, I ask dividends. pational Safety and Health Adminis- unanimous consent that the order for It is workers making these compa- tration. It is why we have these agen- the quorum call be rescinded. nies successful. It is workers risking cies: to make sure that workers are The PRESIDING OFFICER. Without their lives on the job, but shareholders treated fairly to begin with. objection, it is so ordered. got nearly 8 percent of the profits We have the power to change how the AMERICAN WORKERS workers created. economy works so that it rewards work Mr. BROWN. Mr. President, this Look at Amazon. The company’s instead of greed. We can create more spring, I was talking with a grocery quarterly profits increased by a stag- jobs at middle-class wages. We can give store worker in Ohio, who told me: gering 200 percent. But that same Ama- people power over their lives and ‘‘They call me essential, but I feel ex- zon rolled back its tiny $2-an-hour schedules. We can expand economic se- pendable.’’ That grocery store worker raise in June and announced a bonus of curity and opportunity for everyone. and thousands of others who are on the just $300 per worker. You heard that Americans voted for this change. Americans aren’t going to wait for cor- frontlines of this pandemic risk their correctly—not $3,000 but $300, from a porations to reform themselves on lives so that Americans can keep food company that brought in $280 billion in their own. That is for sure. They never on their tables and get their packages revenue last year. have. They never will. It is up to the delivered. They change linen in hos- If even a global pandemic, where rest of us to deliver for the people pitals. They drive city buses or rural American workers have been on the frontlines—if even that—will not get whom we serve and create a country buses. They stock shelves in super- where all work has dignity. markets. corporations to rethink their business model that treats workers as expend- I suggest the absence of a quorum. When these workers go home at The PRESIDING OFFICER. The night, having been exposed to the pub- able, then, frankly, it is time—and my colleagues should hear this—to stop clerk will call the roll. lic pretty much their whole workday, The bill clerk proceeded to call the they worry they are going to bring the letting them run this economy. They had their chance. They failed. roll. virus home and infect their families. Mr. MARKEY. Mr. President, I ask Just look around us. If corporate It is essential workers keeping our unanimous consent that the order for America won’t deliver for its workers, society going. A number of American the quorum call be rescinded. it is time we step in and create a better corporations claim to recognize this. The PRESIDING OFFICER. Without system, centered on the dignity of They have run feel-good ads—at least objection, it is so ordered. work. TRIBUTE TO CORY GARDNER they did early in the pandemic—saying The American people have made it Mr. MARKEY. Mr. President, it is ‘‘thank you’’ to essential workers, clear that they want a government my pleasure to honor my good friend claiming these workers are the heart of that is on the side of workers. Eighty- and my colleague Senator CORY GARD- their companies. one million voters gave Joe Biden a de- NER. CORY and I were friends in the But saying ‘‘thank you’’ is not nearly cisive victory of more than 7 million House of Representatives. Our friend- enough. Workers don’t need a PR cam- votes. That is a mandate for change. paign. They need fair pay and protec- In June, I laid out actions that cor- ship deepened in the Senate, especially after he took the reins as chair and I as tions on the job. These corporations porations could take on their own, like the ranking member of the Sub- get positive press off their workers raising base pay to $15 an hour. Since committee on East Asia of the Senate while too often paying them poverty they mostly refused, we should raise Foreign Relations Committee in the wages and, in too many cases, failing the Federal minimum wage to $15 an to protect their safety in the work- 115th Congress. hour. We were unlikely partners in a lot of place. Workers are still not safe on the job. ways. He is a conservative Republican I wrote an open letter this summer to So President Biden can immediately and I am a liberal Democrat. I know corporate executives, published in issue an OSHA, or Occupational Safety that Tom Brady is the best quarter- their paper of record, the Wall Street and Health Administration, emergency back ever. He just might say that it is Journal. I said to these corporations: temporary standard forcing corpora- You say your workers are essential. John Elway. tions to protect their workers. But like me, CORY is a pragmatist, Then treat them that way. Our econ- Many companies still deny their em- and we did find common ground. In omy is supposed to reward people ployees paid sick leave, even during a fact, we were a two-man legislative whose talents are in high demand. That pandemic. So we have to pass a na- wrecking crew, with several credits to is what we are all taught. That is what tional paid family leave plan. our names. you always tell us; right? These work- Corporations are expanding rather GARDNER-MARKEY collaborated on ers’ skills keep our economy going. than ending their exploitive ‘‘inde- such hits as the Asia Reassurance Ini- Their paychecks should reflect that. pendent contractor’’ business model. tiative Act, ARIA, sweeping Asia-fo- It has been 6 months since that letter So we are going to have to use the law cused legislation to reorient our Indo- was published. It may surprise no one to make them treat their workers as Pacific strategy around alliances, com- to learn that my phone has not been true employees. You know how they do mon values, and mutual security; the ringing off the hook with calls from it: Particularly large corporations will Cambodia Democracy Act, to stand up CEOs who want to discuss renewed ef- contract out custodial work, security for civil society the rights of a polit- forts to invest in their workers. work, and food service work in their ical opposition; the Taiwan Inter- All that has changed is that cor- company cafeteria, for instance. They national Participation Act of 2018, to porate profits have gone up, hazard pay contract it out to a private company signal both our commitment to the is- has disappeared, and more workers that pays much less than the corpora- land nation and our displeasure with have died. Profits are up at most of the tion pays, often wages barely above the China’s efforts to shut it out of inter- biggest companies, especially the larg- minimum wage. Those workers should national organizations; and the Lever- est retail companies. have to be treated like workers living age to Enhance Effective Diplomacy The Brookings Institution studied under American labor law. Act, to build the conditions for a fu- the 13 biggest retailers in this country Corporations continue to coerce ture North Korea that no longer and found that their earnings have workers out of forming unions. So we threatens its neighbors and the world shot up 39 percent compared with last need to pass the PRO Act—Protecting with nuclear weapons. year, and stock prices are up 33 per- Our Right to Organize Act—to em- With CORY as chair and myself as cent. Guess how much wages have gone power workers with a voice in their ranking member, we convened hear- up. One dollar an hour. workplace. ings, drafted broad legislation, hosted

VerDate Sep 11 2014 08:48 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.016 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7571 foreign leaders. As the foreign policy I hope that this son of Yuma, CO, is 22. That is 12 appropriations commit- gravitational pull rightly moved to the not finished with public service yet. I tees, 12 months, only 22 hearings total Indo-Pacific in recent years, CORY am grateful for what we accomplished for all of them. brought the top policymakers, human together on the Asia Subcommittee We have not completed the appro- rights defenders, and government wit- and even more grateful for our friend- priations work on time, so now we are nesses to the fourth floor of the Dirk- ship. struggling with the what-ifs. Senator sen Senate Office Building—not ex- My best to Jaime and your wonderful HASSAN and I have a straightforward actly the Diplomatic Room of the family and to you, my friend. idea. Let’s pass the end government White House. I yield the floor. shutdowns bill. Let’s continue our ne- In the 115th Congress, we held 11 I suggest the absence of a quorum. gotiations so we don’t have to be in the hearings. It was a constant beat of The PRESIDING OFFICER. The shadow of a shutdown again next year. meetings and hearings that CORY would clerk will call the roll. It is doable. It shouldn’t be con- be leading. I was always honored to be The senior assistant legislative clerk troversial. It should be obvious. When partnered with him in organizing those proceeded to call the roll. we get to a time period like this, if we efforts. Mr. LANKFORD. Mr. President, I ask are not complete, we keep working CORY grew up on a farm, so it is no unanimous consent that the order for until it is done. In the meantime, we wonder that he is a workhorse. Each the quorum call be rescinded. don’t leave. It is the exact statement I time he gaveled in a hearing, he was The PRESIDING OFFICER. Without have heard from everybody in the professional, prepared, good-humored. objection, it is so ordered. Chamber so far today. We need to stay And he, on more than a few occasions, PREVENT GOVERNMENT SHUTDOWNS ACT until it is done. I agree. That should be allowed particularly verbose Senators Mr. LANKFORD. Mr. President, this the process every time we get to this to blow past their allotted time. all feels strangely familiar. It is the moment. We stay until the work gets Nowhere did I enjoy our work to- middle of December. We are facing a done. Our bill just mandates that, and gether more than in the drafting and government shutdown, arguing behind it keeps us from ever having to say the the ultimate passage of the landmark the scenes over the final details, dis- word ‘‘shutdown’’ again. Asia Reassurance Initiative Act. Our cussing whether we are going to do a So I would encourage this body bill, which is now the law of the land, short-term CR, wondering what is again, as I did all of last year, as I did adopts a long-term U.S. strategy for going to happen. Everyone has this all of this year: Let’s end government the most consequential region in the sense that if we don’t get the bill done shutdowns. Let’s keep debating the world, the Indo-Pacific. It was a credit by tomorrow, then we are going to end policy. We have differences. We know to our foreign policy staffs—led by Igor up in shutdown and all the problems that. But let’s end the thought of gov- in CORY’S staff and Zack in mine—that that causes. ernment shutdowns. we were able to get it past the finish Senator HASSAN and I stand in the I yield the floor. line. back and hold up our hands and say: In The PRESIDING OFFICER. The Sen- A fully resourced ARIA will ensure February of last year, we proposed a ator from Michigan. that the United States will remain a solution to this that fits this exact sce- CORONAVIRUS Pacific power. Investments through nario to keep us from holding Federal Mr. PETERS. Mr. President, 2020 has ARIA offer a critical counterweight to workers and all of our agencies in been a year of immense challenges. We China by helping our partners in the harm’s way. are in the middle of an unprecedented region build defenses and defend de- The ending government shutdowns economic and public health crisis. mocracy and the rule of law. bill is designed for this moment. For Small businesses have been forced to But CORY understood passage of a law whatever reason, we have not been able alone does not equate to the implemen- shutter or are barely staying afloat. to agree to pass it. It is a process docu- tation of policy. When ARIA was Workers are out of jobs through no ment. It doesn’t solve all of the policy signed into law, he and I convened a se- fault of their own, and folks are issues we have. We have real policy dif- ries of hearings to ensure the Depart- stressed about feeding their families ferences, but we should not have proc- ments of Defense and State and the and keeping a roof over their heads. USAID were putting resources to the ess differences at moments like this. It Healthcare workers are exhausted— challenge. is not good for the American people. It pressed to their breaking points from The Asia-Pacific is home to 60 per- is not good for the U.S. Senate or the treating patients with COVID. cent of the world’s population. This U.S. Congress to stand at the precipice But, thankfully, there is light at the fact and the wide geographic scope of of a shutdown and to say: Maybe we go end of the tunnel. With the recent FDA the region means that we need to re- over; maybe we don’t. Maybe we have a vaccine emergency use authorization, spond nimbly to the latest inter- short-term continuing resolution; Michiganians and Americans are fi- national crisis of the day. maybe we pass the 12 appropriations nally starting to receive much needed When North Korea policy vacillated bills. We shouldn’t ever get to that mo- reinforcements to combat and to con- between ‘‘fire and fury’’ and detente, ment. trol this virus. he used the subcommittee to provide Our simple idea is not a partisan Although there is light at the end of critical oversight. idea. Senator HASSAN and I released a the tunnel, we know the next 2 or 3 When China and Hong Kong authori- simple, straightforward idea. You get months or more are going to be dif- ties turned to batons and tear gas in a to the end of the fiscal year, whenever ficult. We cannot let our guard down. futile attempt to end democratic pro- that may be, and if we have not fin- We must continue to wear a mask, tests, he hosted one of the architects of ished all the appropriations work, we practice social distancing, and wash the student-powered Umbrella Move- continue working until it gets done. An our hands. We all can—and we must— ment, Nathan Law. automatic continuing resolution kicks play an important role in defeating When just this past year, some in so that no Federal worker is worried this virus, and we can do that if we wished to shake down our Japanese and that they are going to have furloughs work together. South Korean allies, we partnered on right before Christmas; no agency is Working together is the key to get two resolutions, which reaffirmed our panicked about what happens next and through this pandemic. We know what ironclad relationships to both allies. who do I have to furlough and who do happens when we work together here in In his farewell address, CORY said I have to keep and who is essential and this Chamber. Early on in this pan- that the pillars of the Senate Chamber who is nonessential. None of that hap- demic, we worked together to pass the are principles shared by all Americans. pens. None of that waste occurs. We CARES Act, which provided vital re- They are immutable. CORY, it was a continue debating until we resolve the sources and support to keep families pleasure to work with you these past issue. That is all that it is. and workers afloat. years to also strengthen the pillars of We have 12 appropriations bills that We worked together to pass addi- U.S. foreign policy, standing up for are not done. Painfully, in this year of tional aid for small businesses, for test- human rights, our allies, and the rule COVID, there have been only 22 total ing, for healthcare providers, and for of law around the world. appropriations hearings in 12 months— hospitals. And, right now, we need to

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.019 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7572 CONGRESSIONAL RECORD — SENATE December 17, 2020 once again come together and work to- bill that makes a difference to every- a period of morning business, with Sen- gether to pass another round of help. one suffering from this pandemic. ators permitted to speak therein for up We have done it before, and we did it I yield the floor. to 10 minutes each. when case counts were far lower than VOTE ON SOMERS NOMINATION The PRESIDING OFFICER. Without they are now. The PRESIDING OFFICER. The objection, it is so ordered. We need to summon the same sense question is, Will the Senate advise and f of urgency, and we must come together consent to the Somers nomination? CORONAVIRUS at the end of this week and pass mean- Mr. PETERS. Mr. President, I ask for ingful bipartisan and comprehensive the yeas and nays. Mr. PORTMAN. Mr. President, I am COVID relief. We must prove to the The PRESIDING OFFICER. Is there a here on the floor today to talk again American people that bipartisan nego- sufficient second? about the need for us to pass a legisla- tiation is not a relic of the past. There appears to be a sufficient sec- tive package, which I would call an As I talk to Michiganians each and ond. emergency package, to deal with our every day, the message is very clear. The clerk will call the roll. COVID–19 crisis we have in this coun- They want us to put partisan politics The senior assistant legislative clerk try. As we talk today on the floor of the aside and solve the very real challenges called the roll. Senate, there are negotiators working confronting our country. Mr. THUNE. The following Senators busily in a room nearby to try to come Finding common ground and bringing are necessarily absent: the Senator people together has always been my ap- up with that package, and that is a from Wyoming (Mr. ENZI), the Senator proach to serving Michigan and the good thing. I know they have run into from Nebraska (Mrs. FISCHER), the Sen- people of this Nation. This past year, I some roadblocks, at least so I have ator from Georgia (Mrs. LOEFFLER), been told. We need to work through am proud to say, we worked together and the Senator from Georgia (Mr. to advance legislation on priorities those roadblocks. They are relatively PERDUE). small compared to the importance of that not only addressed the pandemic Mr. DURBIN. I announce that the but also tackled issues facing the overall mission of helping the peo- Senator from California (Ms. HARRIS) is ple we represent, helping those small Michiganians and people across this necessarily absent. businesses, helping those hospitals, country each and every day. The PRESIDING OFFICER (Mr. On a bipartisan basis, we have been helping those families who find them- SCOTT of Florida). Are there any other selves without a paycheck through no able to pass legislation out of Congress Senators in the Chamber desiring to fault of their own. And my hope is that on a number of topics, whether it has vote? we can get there. been expanding apprenticeship oppor- The result was announced—yeas 52, The legislation that is being looked tunities for veterans, closing loopholes nays 43, as follows: that pose a threat to our national secu- at today, which may be part of a larger rity, saving taxpayer dollars, pro- [Rollcall Vote No. 274 Ex.] package that we will vote on either to- tecting the Great Lakes, which is one YEAS—52 morrow or the next day, is, as I under- of our Nation’s most precious natural Alexander Graham Romney stand it, informed by work that a bi- resources, hiring more agricultural in- Barrasso Grassley Rounds partisan group of us did over the past Blackburn Hawley Rubio spectors at our Nation’s ports of entry, Blunt Hoeven Sasse several weeks. I appreciate my col- or improving the Department of Vet- Boozman Hyde-Smith Scott (FL) leagues so much. I see Senator MUR- erans Affairs caregiver program. Braun Inhofe Scott (SC) KOWSKI is here on the floor today. She I want to take this opportunity to Burr Johnson Shelby was one of those people. Senator Capito Kelly Sinema thank my colleagues on both sides of Cassidy Kennedy MANCHIN was one of the people to help Sullivan Collins Lankford the aisle for their partnership with me Tester organize it. In fact, I think the first Cornyn Lee in advancing these priorities. I know Thune meeting was because LISA MURKOWSKI Cotton McConnell there is no shortage of differences Cramer Moran Tillis invited people to have pizza at her among us, but when we put personal Crapo Murkowski Toomey place. And that resulted in a very posi- politics aside and focus on addressing Cruz Paul Whitehouse tive interaction between Democrats Daines Portman Wicker the problem at hand, I know we can get Ernst Risch Young and Republicans on a lot of detail, a lot results. Gardner Roberts of specific issues, to be able to put to- As we enter this next session of Con- gether a package that will help our NAYS—43 gress, I am hopeful that we can build country right now to work through on some of the progress we have made. Baldwin Hassan Reed Bennet Heinrich Rosen this crisis. Whether it is supporting small busi- Blumenthal Hirono Sanders I wish I could say that things are bet- nesses, lowering prescription drug Booker Jones Schatz ter. But when I look at my own home costs, ensuring our Nation remains a Brown Kaine Schumer State of Ohio, I see just the opposite. Cantwell King global leader in innovation, or getting Shaheen In fact, over the past few weeks, we Cardin Klobuchar Smith through this public health and eco- Carper Leahy Stabenow have had weekly cases that have in- Casey Manchin nomic crisis, there is much more that Udall creased, not decreased. Our number of Coons Markey Van Hollen can be done in the next Congress when Cortez Masto Menendez daily new cases is averaging around Warner we are all willing to reach across the Duckworth Merkley 10,000 a day now every day. That is dou- aisle to find lasting solutions. Durbin Murphy Warren ble what it was just a month ago. At Wyden Two years ago, I delivered George Feinstein Murray least in my State, the coronavirus cri- Gillibrand Peters Washington’s Farewell Address on the sis has increased, not decreased. Senate floor. It is an annual tradition NOT VOTING—5 By the same token, the economic cri- here in the Senate. In that address, Enzi Harris Perdue sis that is a result of the COVID–19 cri- President Washington warned of the Fischer Loeffler sis has continued to grow. We have dangers of tribalism and political po- The nomination was confirmed. seen people who have lost their jobs be- larization in our country. We cannot The PRESIDING OFFICER. The Sen- cause their restaurant doesn’t have forget President Washington’s mes- ator from Ohio. any business, not because there is a sage, particularly during these uncer- f government edict; although, there are tain and daunting times. We cannot let in some States. Some States have said polarization prevent us from doing the LEGISLATIVE SESSION you have to shut down. Some States people’s work. Let us build on that have gone so far as to say you have to spirit of bipartisanship. Let us work shut down outdoor dining, not just in- together to get things done. Our con- MORNING BUSINESS door dining. Of course, those people stituents demand it. Mr. PORTMAN. Mr. President, I ask have lost their jobs. This week, we can again work in a bi- unanimous consent that the Senate In many cases, it is just because the partisan way to pass a COVID relief proceed to legislative session and be in virus is so prevalent, people aren’t

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.020 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7573 going out; they aren’t going shopping; they are. Again, in the trial that I am right now for mortgages, as an exam- they aren’t going to the movie theater; in, the initial numbers are quite posi- ple, and other loans, so they didn’t they aren’t going to the bowling alley; tive. need to step in. That money is being they aren’t going to the restaurant; Also, it was done in a way that I repurposed. So, instead of $748 billion, and they aren’t going to the hotels. think makes a lot of sense for the fu- it is more like $148 billion; instead of Folks are losing their jobs. Again, not ture in terms of public-private partner- $908 billion, if you went for the whole because of something they did or some- ship. The government basically said to thing, it is more like $300 billion—not thing they could control. It is almost these companies that we will provide a that that is not a lot of money. It is. like a natural disaster, and, therefore, market for you if you get busy pro- But compare that to what was being they need some help and need it now. ducing this lifesaving vaccine. By the talked about only a couple of weeks We really have kind of a K-shaped re- way, you can go ahead and start pro- ago and for the previous 9 months, by covery here. People talk about a V- ducing the vaccine, even before it is ap- the way, which was a package in the shaped recovery, where you have a re- proved so we don’t have to wait 4, 5 House of Representatives, called the cession and you come right back out months after an approval to then get Heroes Act, which was trillions of dol- the same way you went in. I wish that the production up and going. If you lars—$3.5 trillion, initially, and then were the case here. Instead, it is kind don’t get the approval, we are going to they agreed, maybe, $2.4 trillion. I of K-shaped. We do have some indus- throw away the vaccine. think the last offer that was on the tries that are doing quite well, actu- It was worth doing. It was probably table that they didn’t take was $1.8 ally. In some areas of the country, they the best expenditure of Federal money trillion. We are not talking about those are doing OK. That is the top of the K. we had here in the last package, the kind of numbers now. We are talking But the bottom of the K is those who CARES package, because it ensured about a bridge, on an emergency basis. are not. If you are in the hospitality that we not only would get these vac- It is targeted and focused. I will give business, the travel business, if you are cines quickly, but we would get them you an example of that. someone who has a job that is no distributed quickly. As an example, In this package—the bipartisan pack- longer there because of this crisis, then even while the vaccines were being ap- age, which I hope is picked up, and I you are in trouble. You are in trouble. proved recently—and these were the think it will be by the package that I am told that I have now given 20 Pfizer vaccines—those vaccines were the final negotiators are working on. floor speeches on the need for us to do already on their way to my home State That would be Secretary Mnuchin, who something. I think it ought to be tar- of Ohio. They were pre-positioned has been very eager to get an agree- geted. I think it ought to be focused. there. And when the approval came, we ment that helps the American people, What I have said is that we have this could move quickly. People are being working for the President, but also the wonderful new vaccine coming out. vaccinated today in my State and in leadership here—the Democratic lead- Moderna is about to be approved, I be- your State—primarily, people who are er, the Republican leader, and in the lieve. Pfizer was just approved. I am in on the frontlines as healthcare pro- House, the Democratic leader, the a trial for the Janssen, J&J—Johnson viders. Speaker, and the Republican leader. & Johnson—vaccine, actually. I think Next, we are helping with the nursing That is the group right now. What they that is coming along well. We will homes, people who come in and out of are saying is, we want to get a package probably have AstraZeneca coming the nursing homes, which is where, ob- done. I think, as an example, with the soon. viously, most of this disease happens, PPP program, they will end up picking This is something that is very posi- and then the people in the nursing up what this bipartisan group agreed tive about this crisis. We actually fi- homes, then our EMS and other first to, which is to have a more narrow nally have something that can help us responders, people who have health Paycheck Protection Program, PPP, to turn the corner. I think it is important problems, preconditions that make help small businesses but to particu- that we wear our masks. I think it is them more vulnerable to the virus, sen- larly focus on those businesses that are important that we social distance. I iors. This is really exciting. This is the small businesses, instead of under 500 think it is important that we use the answer. This is what is going to help us as an example, maybe 300 people, and hand sanitizer—all of that. We need to turn the tide, but that is going to be a those that are really hurting; in other keep doing it. But the difference be- ways off until that is widely available. words, those that are losing money rel- tween that and the vaccine is that the What I think, in terms of this pack- ative to where they were last year. vaccine gives you the immunity we are age, again—I think of it as a bridge. It When you do a quarter-to-quarter com- all seeking. People talk about herd im- is an emergency package to get us from parison—fourth quarter this year, munity and that that could come— where we are now to this period prob- fourth quarter back in 2019—if you early on people said—by so many peo- ably in the March, April, May time pe- have a loss, let’s say, of 25 percent or 30 ple getting infected. We can’t have that riod, when the vaccine will be widely percent, that is significant. With the happen. Why? Because that will lead to available, and we will be able to have funding that we have, isn’t it better to a lot of pain, a lot more deaths. Three that kind of herd immunity we talked target that funding toward those small hundred thousand people have already about earlier. We don’t want commu- businesses that are really hurting? died in this country from this crisis. nity spread. We want community im- That, I think, will be in the final pack- We don’t want to bring herd immunity munity. And that is the idea. age. in that way. We want to bring herd im- The package that the bipartisan Again, I commend my bipartisan col- munity from the vaccine. group put together was $908 billion. Six leagues for coming up with some of By the way, these vaccines are safe. of the ten of us voted for that. All of us these ideas and working out some of They are effective. I mean, if you look voted for a smaller package, which was this stuff because there are some dif- at the numbers, 95 percent efficacy— $748 billion. It is important to note ferences. By the way, no one of the 10 unbelievable. Do your own research that of that $908 billion, or $748 billion, of us involved in this thing, agreed and look at it and make your own deci- we also repurposed a lot of money that with every part of this package, trust sion, but this is not a situation where, has already been spent. So, roughly, me. as with the flu, actually—when you $600 billion was pulled back from the I would have written a different take the flu shot, I am told, only about PPP program that had not been spent package, as any of my colleagues would one-third of the time does it work and yet and also from a Trump program have, but it was necessary to get to about two-thirds of the time it doesn’t. that the Treasury and the Fed had to yes, to get to a result. We have done That has happened to my family mem- provide loans that were not being used. that and, I think, again, it will inform bers, probably to you or your family That is the 13(3) Program you might where we end up in terms of the pack- members, where you take a flu shot, have heard about. That program, fortu- age coming to the floor. and it doesn’t really help. But here, 90, nately, was not tapped into because the The Paycheck Protection Program is 95 percent, 98 percent—the numbers are commercial bank stepped in and pro- a good example of that. We also pro- amazing. Take a look at them—‘‘effi- vided a lot of that lending that was vided in that program loan forgiveness cacy,’’ meaning that is how effective necessary. Rates are at historic lows for small loans—$150,000 or less—in a

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7574 CONGRESSIONAL RECORD — SENATE December 17, 2020 very simplified manner, so you this virus, you can get unemployment and heroin and fentanyl, the deadly wouldn’t have to go through all the bu- insurance. That is not typical in my synthetic opioid—to the point that reaucracy and the costs and the loops State, and it is not typical in most only 4 years ago, we had the highest and the hoops, which small businesses States. rates of overdose deaths in the history just can’t afford to do. So I am proud of But because of the Federal law we of our country. Seventy-two thousand our work there as well. passed, the CARES Act—again, 9 people were dying a year. A lot of us fo- We also provided help to some of the months ago—that is permitted, but it cused on that year. hardest hit industries, including the ends the day after Christmas. I have For the past 4 or 5 years, this Con- airline industry. We want to keep a people self-employed coming up to me gress spent money and changed policies viable airline industry in this country. back home saying: I have to know. I to help people get treatment and get We don’t want them to go bankrupt don’t know if I can pay the rent. I don’t into longer term recovery. More money and planes to stop flying. We actually know if I can make a car payment. I went into prevention activities to keep want, over this bridge period—between need to know. I don’t know if I can people from getting into the funnel of now and, as I mentioned, March, April, make my mortgage. addiction, in the first place. This was May—to be sure that the economy can We are going to tell them, I hope, in at epidemic levels. get back on its feet as quickly as pos- this legislation that passes that, in- In 2018 and 2019, we started to see a sible. That is why we don’t want these deed, they are going to get the cov- reversal of that for the first time in small businesses to go out of business erage. And the 13 weeks of the Federal really 3 decades. Every year—for some- and their employees to be put on the extension on the State unemployment thing like 30 years—in my home State unemployment lines. That is why we will also be extended so that the day of Ohio, we would see more overdose want to be sure our airlines can con- after Christmas, again, people aren’t deaths every year—every year. In 2018, tinue. They are having a tough time. falling off the cliff. we had a 20-plus percent reduction in But 90,000 jobs alone in this industry Again, the Federal supplement per overdose deaths. It was about a 22-per- will be lost, we are told, unless we do week originally was $600 per week, as cent reduction in Ohio—a 22-percent re- something along the lines we did in the you know. That $600 per week, I duction of deaths. That is because we bipartisan package—90,000 additional thought, was relatively high, meaning all focused at the Federal level, State jobs lost. We don’t want that. We want that many people were getting more on level, and local level, and we made a to be sure we are positioned for growth. unemployment than they were in their difference. By the way, in my view—for what- jobs. That was a problem for many em- We began to change this dynamic of ever it is worth—I think this economy ployers, typically small employers that young people and middle-aged people is incredibly resilient. I know it is not had a tough time getting people to and across the spectrum. Regardless of going great right now. We still have 10 come back to work. As the economy the ZIP Code you lived in, you were million people out of work who were started to improve after the March, being affected by this. We changed it so working as of February of this year. April, May time period, when things that people were actually getting the We have 10 million people who haven’t started to pick up a little bit, it was help they needed, getting out from found their way back to work yet. We tough. under their addiction, getting back to still have relatively high unemploy- This compromise, I think, will be work and back to their families. It was ment compared to where we were. In $300. Maybe it will be $200. I don’t know good news. The heartbreaking part of my State, it is about double where it what exactly they are working out. this for me is that, having made that was. But we have been resilient, given Our proposal was $300, which is a bipar- progress, finally, we now see, during what we have been hit with. I believe tisan compromise. Many Democrats this coronavirus pandemic, an epi- that if we can get to this period of time would like to go back to the $600. Some demic underneath it. It is the epidemic where we have the vaccine readily Republicans think it should be less of drug addiction. available, we are poised for a takeoff. than $300. But this is a compromise, There are new numbers out today I think there is pent-up demand. and it is a way for us to ensure that that I saw that don’t surprise me as Among my constituents, they are during this time period—and this is for much as they discourage me, which is going to be happy to get out and shop 16 weeks only, so between now and the that, this year, instead of 72,000 people again—to go to the restaurants and go end of March—on this bridge that we dying of overdose deaths in America to the hotels, to travel, to go to the talked about, if people are unemployed from drug abuse—this is not just movie theaters and go to the stages, through no fault of their own, they opioids but all drugs, including the places where there is a performance should be able to get a little bit to be psychostimulants, like methamphet- that has to be canceled now and where able to put food on the table, make the amine; crystal meth from Mexico that people are struggling to keep these car payment, make the rent. That is in is cheap, powerful, deadly—this year, it venues open. Those will not just be re- this package, too. is expected that our overdose death opened. People, I think, will flock There is also funding in here for rent- rate will be the highest ever. We are there. We have to get through to that al assistance. As you know, some peo- getting back to where we were. Plus- period. ple have been hanging on wondering if 83,000 is the number I saw today. Re- In my view, it is worth helping to en- they are going to be evicted or not. member, I mentioned 72,000 people sure that in the interim period, we Evictions make no sense right now for dying only 4 years ago. Now we are don’t have even more pain and more the tenants or the landlords or the back to 83,000. This is a crisis within a loss in jobs and are prepared to move economy. We don’t want people out on pandemic, and we need to deal with it. forward. the street. Landlords don’t want to go There are lots of different opinions On unemployment insurance, again, through the pain of having to go out there as to why this is happening. if you lost your job, not because of through an eviction and trying to find I believe strongly a lot of this is just what you did but because of what I said somebody else. They can get some help from the isolation that comes from earlier—almost like a natural disaster just to hold on during this period. this pandemic. People haven’t been of the virus—we should provide addi- There is funding in rental assistance to able to go and meet with and talk to tional help. We do that in the legisla- help keep people in their homes with a their recovery coaches, which is one of tion. roof over their head as we go through the ways that we were changing this The day after Christmas, the current this period. dynamic. People were able to meet relief ends in terms of the Federal help The final one I want to talk about— with people who were recovering ad- and unemployment insurance. That is and there are a lot of other provisions dicts themselves to help them get not something that any of us should here that I don’t have time to go into. through it. It was working for a lot of want to see. If you are self-employed, if What I want to talk about is one that people. you are a so-called gig economy work- is a heartbreaker for me. For many Yet at some of these longer term re- er, then, you are able to get unemploy- years now, we have been challenged covery places where people can be—say ment insurance right now if you don’t with this drug addiction issue, particu- a home, a sober home—they had issues have a job. If you can’t work because of larly opioids. It is prescription drugs with the pandemic and have not been

VerDate Sep 11 2014 04:25 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.025 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7575 able to have the group homes provide What we tried to put together was a It is also likely that it will include that care. package that said: OK, if you are a bad some tax provisions which are so-called Also, people have not been able just actor, if you didn’t follow the rules— tax extenders. to go see their doctors or their treat- and the rules were pretty clear—you I would say one thing, that I hope it ment providers. Telemedicine has aren’t protected. You are accountable. includes is the permanent extension of helped. That is one reason in our pack- But if you followed the rules, and you tax relief for our craft beverage indus- age that we put more funding into tele- were trying your best to deal with try. This would be craft breweries, medicine, because that is a way you ever-changing standards—and, let’s craft vintners, craft distillers. We can get to people. Both in regard to be- face it; they have been quite different. passed legislation a few years ago that havioral health, mental health issues, Remember back in March and April, was very important to them, that al- and with regard to addiction, it hasn’t people were saying: Don’t wear a mask. lowed them to have a reduction in the filled the gap. Now, of course, we know that was a excise tax they pay on certain vol- Also, a lot of people are feeling a mistake. At the time, we didn’t. The umes—relatively low volumes of their great deal of stress and even despair notion is to protect people from frivo- product. and joblessness. And, obviously, if you lous lawsuits who were doing their As a result, many of these businesses go to the food banks in Ohio, you see best. have been able to expand, hire people, people who are in their cars waiting for and now they have the possibility of By the way, there was a survey done 3, 4, 5, 6 hours at times. There is some- this expiring at the end of the year and of people saying: Do you think there thing going on here, folks. These are having a big bill due that they cannot should be protection for people who are people who are feeling desperation. To afford. doing their best, whereas people who wait in line for 6 hours to get a box of We are proud in Ohio to be the home are grossly negligent—that was the food means that you have a real prob- of an industry, the craft beer produc- lem in your family. word used, ‘‘gross negligence’’—would tion industry. It is now No. 6 in the By the way, some of these people— not be protected; they would be ac- country. It supports 81,000 jobs. It is a because I talked to people who have countable? And 79 percent of the Amer- business that has been hurt for two gone to these food banks—have never ican people agreed with that. reasons: One, if you think about it, the been in a food bank in their lives. They There has also been polling out there restaurants aren’t doing the business found themselves in a tough situation. with regard to small businesses, from they used to do, so if you are providing Again, it is not everybody. Remem- the NFIB, saying that 70 percent of your product to a restaurant, you are ber the K-shaped recovery? For some small businesses are very concerned hurt. But also, a lot of these craft dis- people, it has been fine. If you are a and worried about this. Again, think of tillers or craft brewers or craft vint- white collar worker and you can the business. Revenue has crashed. ners have their own tasting rooms or telework from home virtually—maybe Profits have crashed. They are hanging their own brew pubs, and those, in you are in the finance industry or on. The PPP is going to help them be- some cases, have been shut down alto- maybe you are in the tech industry— cause we are getting more PPP. The gether. In other cases, their revenues you might be doing great. But your Paycheck Protection Program, which have crashed, so it would not be the neighbor who has a job at that res- we talked about earlier, will help to time for them to be facing a big tax taurant or perhaps in another business get them through this. bill, and that is what the excise tax like the travel business or the motor- If they are facing a lawsuit—whether would be. Income tax you pay later in coach business, they don’t have the op- they win it or not, whether they can the year; excise tax you would have to portunities to get that job. They are prove that they were doing the right pay right away. the ones in the food bank line. thing—just the cost of that lawsuit So my hope is that that will be ex- By the way, putting more funding could well be the difference of that tended permanently. More than half into the food banks, as well as into small business continuing operations the Members of this body joined me helping people to be able to afford food, or not. and Senator WYDEN on a letter to our is, obviously, a big issue right now. Nonprofits. The nonprofits in Ohio leadership about this, urging that this The notion here is that, with this are very interested in the liability re- extender, which has worked so well to legislation, we are going to provide forms, as are the education commu- increase jobs and opportunity in Amer- more help for people who are suffering nity—the higher ed people, the school ica, can continue on a permanent basis from addiction, with the thought of teachers—as are people in the going forward. trying all we can to try to reverse this healthcare industry across the board— My hope is that that is part of the trend. nursing homes and hospitals. My hope package as well. That will help in Ultimately, again, the best way to is that we can get back to work on terms of the economic stimulus part of reverse it is to have this coronavirus that. Perhaps after this legislation has this, which is also important. pandemic behind us so that people can passed, as we look at what we do next, I thank you for what you are doing if socialize again and gather again and let’s be sure that we are providing that you are one of those people out there aren’t feeling the despair, aren’t iso- who is promoting the vaccines and protection in combination with pro- lated. And that is coming. talking about the importance of our viding that help to our State and local But the bridge to there is important getting the vaccines. If you are not, I governments that need it, where they so we save as many lives as we can. hope you will look at the research. I can demonstrate they need it. I don’t There is $5 billion in our legislation— hope you will look at the fact that we think it will be in this package, but it the bipartisan bill—to do just that. My should be encouraging everyone to get should be in the next package. hope is, again, that that will be in the vaccinated unless someone has a health I will say, this legislation on COVID final package, and I believe it will be. problem that makes it difficult for is needed and we ought to move it now. I believe that what the negotiators are them. working on is very similar to what is We cannot go home for the holidays The polling data is not encouraging in the legislation that we came to- without passing COVID–19 rescue legis- on this. The last Gallup poll shows that gether with as a bipartisan group. lation. only 58 percent of Americans are com- My only disappointment in the group Again, to me, it is a rescue package. fortable being vaccinated. That needs is that we couldn’t end up with this It is not a stimulus package as much as to change. combination of State and local fund- it is getting us through this period, I have heard some people say: Well, ing—targeted toward need, by the way, providing that bridge between now and when you look at the polling, it shows not the way it was done last time, per when the vaccine is readily available. that Democrats are concerned because capita, but targeted for need—and li- This legislation is likely to be part of this happened in the Trump adminis- ability protection for these small busi- a broader bill that will include a num- tration, this vaccine development. nesses, for these private nursing ber of things, including spending for This is not political. Take the poli- homes, for these EMS personnel, for the year so we don’t have a govern- tics out of it. emergency medical people who are con- ment shutdown. It is a good thing not These are scientists. They have been cerned. They are concerned about it. to have a government shutdown. working around the clock over the past

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.026 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7576 CONGRESSIONAL RECORD — SENATE December 17, 2020 9 months, 10 months, to get us to this have not had the opportunity to be as have outlined in this proposal—this bi- point. These are scientists who are now engaged in every level of the debate partisan, bicameral proposal—is just working around the clock to look care- and aspect as we were in these con- exactly that. It is that lifeline that can fully at these vaccines to determine versations. get them from December to March, to whether they are approved or not. The Senator from Ohio, while he April, when hope really starts to re- These are the scientists who are mak- might not have been at that dinner, turn. ing decisions, not the politicians. It is was with us every step of the way and So I know that there is a great deal the people in the white coats. We need was truly leading on the negotiations that is being considered right now. As to trust them, for the sake of our coun- when it came to the liability provisions I have shared with folks, I say: Well, try, because we need to reverse this and the input in so many other areas. we were able to advance the ball sig- terrible virus and the pandemic that is But what we were able to outline, nificantly with this effort that we have causing all of the issues that we talked given a framework of how we can be re- made. But when we presented that about earlier today, to our commu- sponsive to the pandemic and the eco- multihundred-page package to the pub- nities, to our families. So the way to nomic crisis at hand, focusing on the lic, to the administration, to leader- do that is to ensure that we do, in fact, most vulnerable—those who have lost ship, we basically said: Here is a gift. not just have this vaccine available but their jobs, those who have a small busi- Take it. that people take advantage of it and ness that is open but just barely open So we have kind of lost ball control, are willing to be vaccinated. because there are no customers or be- if you will. That is good. That is fine. I hope, if you are listening this cause the limitations on your res- That is what this process is all about. evening, that you will pass that word taurant are so small you can barely But I am just urging that we commit along and that you, again, will do your even afford to keep your doors open—to with every sense of expediency and ur- own research. Look at it. But my hope be responsive to those who have lost gency to do our business quickly and is that the conclusion will be to get to their jobs, to those who are looking at fairly, with the politics aside, because the period we want to get, which is to the first of January and wondering if the last thing that folks back home have people feel like they can reengage they are going to be able to stay in need, whether it is in Ohio or Alaska, in the economy and feel like they can their home or in their apartment, to is to know that we might have wrapped be back with their loved ones and con- those families who have children at up our business here, and we didn’t gregate and feel like they can go back home who haven’t been in a classroom hear them. We didn’t respond to their to church or their other place of wor- since March of this year, for those need. We left them hanging. That is ship; they feel like they can send their rural healthcare providers that have not an option for us, and that will not been struggling as they have tried to kids back to school; they feel like they happen. meet the crush of demand and need can get back to a more normal life. We are all pledging to make sure that within their small hospitals. we resolve this before Christmas or we That will happen through the accessi- What we tried to do was build a pack- are not going home. But we can do bet- bility and the ability to actually get age that was responsive to the emer- ter than that. We don’t need to draw that vaccine. gency at hand. And as Senator So my hope is that those listening this out. We have an opportunity, PORTMAN has noted, this was not de- working together, so I encourage those tonight will do that and do their part signed to be a stimulus bill. This is not who are negotiating. We have provided in spreading that message instead of designed to be the end-all, be-all for not only a template and a framework, spreading the virus. how we move forward. It is targeted I yield the floor. but we have really given you consider- emergency relief. The PRESIDING OFFICER. The Sen- What we were able to present on able meat in terms of this legislation. ator from Alaska. Monday, which I felt was so hopeful, My hope is that we are going to have f were not only the debate and the con- good news very, very shortly that will allow us to not only address the ur- CORONAVIRUS tours of the framework but then to ac- tually put that into legislative text—5 gency in response to this COVID pan- Ms. MURKOWSKI. Mr. President, I or 6 inches of legislative language, a demic but also be able to resolve our had an opportunity to listen to my bill—a bill for this body to consider, a end-of-year appropriations and other friend and colleague from the State of path to move us forward at a time matters that we have had working be- Ohio outline in great detail the efforts when it is so incredibly critical. fore this body. that a bipartisan group has been work- Also on Monday, we were met with But as they say, we are running out ing on for just a month now. hope because the vaccine—the long- of daylight, so let’s get moving with it. It was just a month ago, I was re- promised vaccine—has come about in f minded—November 17, apparently— extraordinarily short order, historic ef- TRIBUTE TO BRIAN HUGHES that I had an opportunity to invite forts by so many to get the develop- some colleagues over to my house for ment to this point, to get the approval, Ms. MURKOWSKI. Mr. President, dinner and conversation. And while it the safe approval, and now moving for- speaking of moving, I wanted to take a wasn’t pizza, it didn’t make any dif- ward to distribution. few minutes on the floor this afternoon ference what we were eating. It was all The headline in our largest news- to recognize a couple of individuals about the conversation and what we paper yesterday was ‘‘Morale gets a who are moving on. could do to be responsive to the ur- boost’’ as vaccine arrives. And, boy, do We have heard some floor speeches in gency of the need. we need a morale boost. these past several weeks from col- As my friend from Ohio has said, peo- This is a dark time in Alaska right leagues who have been with us, some ple in Ohio are suffering. People in now. The sun sets about, I don’t know, for decades, like Senator ALEXANDER, Alaska are suffering. People around the maybe about 3:45 in the afternoon right Senator ENZI, and some who were with country are suffering. And they are now, so it makes for a short day. But us for not quite as long, Senator JONES. looking to us for answers and for hope. we are used to short days because we We have had an opportunity to hear I felt on Monday that there was that know that in the darkest times of win- from them and to share our thanks, but sense of hope that we could offer. It is ter, there is going to come that time I think we all know that as Members of not the end-all and be-all in terms of a when things start to change and the Congress, Members here in the Senate, legislative proposal, but it was a dozen days actually begin to get longer; the we are as good as our staffs—the staff Members, bipartisan—Republicans and sunlight is with us more and more. who help guide us, who help give us the Democrats from this body, as well as And as Alaskans are considering the information, who work with us as we Republicans and Democrats from the very deep, deep economic strife that we not only help to build policy but just House—coming together over the are in right now, we know that there is kind of probe and develop and encour- course of a month, hours on Zoom, light at the end because the vaccine is age us. The work that our teams do for digging into the details and the issues arriving; that is coming. us is considerable, and it is appre- in a way that, as someone who has been But in the meantime, they need to ciated, and we need to show that part of this body now for 18 years, I get from here to there. So what we thanks and appreciation.

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.027 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7577 I want to talk about two gentlemen know where he finds the time to do all sitting on the bench with several of his today, and I want to start first with a of the reading that he does on top of all staff, just laughing. longtime friend and a longtime mem- the work he does. I think he doesn’t Yeah, Brian, thank you for that one. ber of the Senate, a gentleman who has sleep. He is an eloquent writer and a I know that I am going to be looking provided absolutely outstanding serv- versatile high-achiever. So when I had back very fondly on the time Brian ice to the Senate and to the State of the opportunity in 2017, it was pretty spent on my team. In part, that will be Alaska, and that is Brian Hughes, an much a natural and obvious pick to ap- because Brian exemplifies three prin- Alaskan who has worked tirelessly for point Brian as staff director for the En- ciples to which congressional staff who our State. He has served as my staff di- ergy and Natural Resources Com- excel consistently adhere. rector on the Energy and Natural Re- mittee. The first is that staff must be well sources Committee for the past several During Brian’s tenure, we have had prepared, honest, and straightforward. years. some pretty considerable and notable I have always, always been able to Brian has been here a long time. In successes and victories that I will look count on Brian to just be straight with my view, he has been kind of a fixture back on for a long, long time, the ef- me, ‘‘shoot me straight.’’ He knows the on energy issues, and many of you forts that he led relating to develop- facts, good and bad, and he shares them know him. ment and conservation of our natural no matter what. But Brian is going to be leaving on a resources and modernizing America’s Second is that you have to work hard well-deserved sabbatical when this energy laws. Brian oversaw the staff and treat everyone on both sides of the Congress adjourns. He says he is going work leading to enactment of the Din- aisle with respect and fairness. I think to spend some time with his sister and gell Act. He helped ensure that a tal- Brian’s successes are the direct result brother-in-law. They have 4-year-old ented group of nominees were con- of the many strong relationships that twins out in California, and I know he firmed to their posts in the executive he has forged even as he has relent- dotes on them. branch. He was also very key, very cen- lessly pursued his long list of to-do’s. I am excited for his next steps. He is tral to the small ENR team that draft- Everyone recognizes that Brian is one going to figure out where he is going to ed the legislation to open up Alaska’s of those guys who is a workhorse. He is be going next, taking a breather right 1002 Area to responsible oil and gas de- not a show horse. now, which is important. But Brian is velopment. Finally, the best staff discharge their one of those types of individuals who As we are working to conclude the delegated authority wisely and to good are very humble. He is always giving business here in the Congress—knock effect, and Brian really takes that to the credit to others. I did not want on wood—Brian will be able to add the heart. He constantly reminds those Brian’s Senate service to conclude Energy bill to his list of accomplish- around him that only Senators are without giving it and Brian himself the ments as we seek to close that out. Senators, even if sometimes people recognition that he has assiduously This is something we have been work- would have it otherwise. avoided for years. ing on in the committee now for over a I have been fortunate enough to have Brian first came to the Senate during dozen years to update and to modernize been on the Energy and Natural Re- his college years at Washington State. our Nation’s energy policies, and I am sources Committee since I came to the His previous summer jobs were work- pleased to be at this point and to know Senate 18 years ago. It is the best com- ing up on Alaska’s North Slope and on that it will be Brian who will be bring- mittee out there. I have been privi- commercial fishing boats. ing it home for this Energy bill. leged now to chair the committee for 6 In 2004, he qualified for Senator Ted Although Brian has a list of legisla- years, and prior to that, I was privi- Stevens’ intern program. I am very fa- tive and administrative wins that leged to be the ranking member on miliar with Senator Ted’s intern pro- speak for itself, his true gift, his talent that committee for 6 years. Every- gram because I, too, was an intern for is writing and storytelling. For years body—everybody—on the ENR Com- Ted Stevens. Brian was pretty much a now, when anybody on the Energy staff mittee works their tail off. They are standout, though. He was there not is writing a particular document, they hard workers. They are an extraor- only once, but he participated in two take their best work, but they won’t dinary team. But I think that work successful intern summers. Even before just end it there; they go to Brian. ethic is set by our staff directors. I he finished his studies in finance, Sen- Every time, without fail, he will take have been so blessed to have staff di- ator Stevens said: Why don’t you just their work, and he will move it to the rectors who show and model that work come back? And Brian, in his char- next level by adding what they call ethic, and Brian has done that over the acteristic generosity, skipped the fun ‘‘the Brian gloss,’’ usually driving years. of his final semester and returned in- home the point more effectively when Whether on a late night or an early stead to Washington, DC, to work full he throws in an anecdote, a funny morning call on pending legislation or time here in the Senate while finishing story, or a joke or whatever, but it is a trip to check up on our volcano moni- his degree remotely. It was true to just ‘‘the Brian gloss.’’ toring systems, Brian has been there at form for Brian because he is an ex- Brian has a little bit of a sense of my side as an indispensable aide and an traordinarily hard worker. humor. As I say, he works very hard, inspiration to all of my colleagues. He It wasn’t only the Alaskans, though, but he doesn’t let the seriousness of really is one of those extraordinary who recognized Brian’s talent. Less the work take over. We were working staff who helped me refine my think- than a year and a half after he had on an energy bill back in 2016, and we ing, hone my voice, multiply my come back and with the blessing of had been on the floor for a couple of strengths, overcome my weaknesses, Senator Stevens, Senator Domenici weeks. There was an amendment that and really helped serve the people of ‘‘poached’’ Brian to work on the En- was pending for a voice vote, and it had Alaska and our country. ergy Committee staff. I had the oppor- to do with wild horses. Just prior to So, Brian, I want to say a very gen- tunity to work with Senator Domenici the vote, Brian and I were talking in uine and sincere thank-you for the when I first came to the Senate, and so the cloakroom, and he jokingly said to years you have devoted, not just to me I first met Brian at that time. Brian me: You know, when the ayes and the but the years you have devoted to the came over to the Energy Committee nays are called, you should say ‘‘nay’’ Senate and the years you have devoted with Senator Domenici. He pretty like a horse. Of course, I am not going to our home State of Alaska and to the much has gone through just about to say that on the floor of the Senate. Nation. I hope that rather than being every job on the committee. He took a So then it came down, and the yeas up at 2 a.m. trying to resolve a scoring brief timeout in 2012 to serve as a and nays were requested, and I don’t issue, the only things that will be speechwriter for Senator ROMNEY’s know where it came from, but I lit- keeping you up at night will be the Presidential campaign, but other than erally blurted out ‘‘neighhh’’ without Yellowstone supervolcano and your lit- that, he has been there throughout. realizing that my microphone was on. I tle niece and nephew. I will miss your Every step of the way, Brian has dis- was leading the bill there. The whole leadership, your wit, and your friend- tinguished himself as an original Chamber heard it. I turned beet red. I ship. Brian, I speak for so many here in thinker and a voracious reader. I don’t looked straight back at Brian, who was the Senate when I wish you a well-

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.028 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7578 CONGRESSIONAL RECORD — SENATE December 17, 2020 earned break and a confident and how we operate in business and profes- But when I think about how Fish will bright future. sional relationships here in the Senate, take an idea—whether it was from a I have been blessed to have extraor- working with different offices. He has constituent when we were working on dinary leadership on the Energy and worked to build relationships because the 2017 tax bill—and provide assist- Natural Resources Committee, and I he truly and genuinely cares about the ance to our Native corporations to be am going to miss Brian and so many of people he is talking to. He is genuinely able to better utilize their resources, the team. interested. really brainstorming to come up with I am not leaving the Energy and Nat- He has taken upon himself the men- what we now have in law that we refer ural Resources Committee, but I have toring of our youngest staff, more par- to as settlement trusts—Fish is one of maxed out, termed-out in terms of ticularly. In the order that we have in those individuals who—you know his chairmanship or ranking member. So it many of the offices, you have levels of mind is just on fire all the time. But he is a different place for me, but I am seniority, and oftentimes the younger doesn’t present as ‘‘I have the best still going to be involved with so many staff, those who may have just grad- idea, and you need to listen to me.’’ He who continue to do good, strong things uated from college, come to Wash- takes the good from so many. He builds on the energy front. ington, DC, and they may be answering and uplifts and empowers, and that is f phones and they may be answering let- good leadership. That is management. ters, but they don’t feel like they have Fish gets frustrated every now and TRIBUTE TO MICHAEL PAWLOWSKI a real say in what is going on in the de- again because not everybody commu- Ms. MURKOWSKI. Mr. President, an- cisionmaking and are kind of out of the nicates the way he does. Not everybody other individual who came to me loop. And Fish—Fish decided that he is a relationship builder. And he will through the energy front, if you will, is was going to bring them into the loop say: Pick up the phone. Just go talk to a gentleman by the name of Michael with what he called ‘‘morning stand- the person. This building isn’t that big. Pawlowski. Most of you who know me ups.’’ They were designed for the young Put your device aside. Don’t send a and know my chief of staff don’t know legislative correspondents to come on text. Get up from your desk, and go that my chief of staff’s name is actu- in, and we will just kind of tell you across and talk. ally Michael Pawlowski because no- what is going on. You can ask ques- That may be old school, but let me body refers to him as that. They refer tions. We will talk about process. We tell you, it has worked extraordinarily to him simply as ‘‘Fish’’—no last will talk about issues. And they were well for this man. name, just ‘‘Fish.’’ And I think that is not required meetings but more infor- I mentioned that Fish’s passion is actually somewhat appropriate for my mational. I think now everybody comes fishing; thus the name. He likes to office, where we celebrate a lot of good to the morning stand-ups just because spend a lot of quiet time on the river things with fish. I was fortunate to be the communication that goes back and just out where it is cold and it is clear, able to share some filets of salmon forth is so uplifting to so many. or it is wet and you are with the water with some colleagues as Christmas ap- Because of the relationships and how and you are with the fish, and I think preciation, and I would say nothing he conducts himself, his level of profes- it gives him a lot of time to do some says ‘‘thank you’’ more than fish. sionalism, Fish is respected within the just deep, deep thinking. He collects This is now my opportunity to say business community, the Native com- his thoughts. He is able to process and thank you to my Fish. munity, and by the political types. He to really dream. So when he comes Fish came to Washington, DC, back has become viewed as one of these back to the real world where it is busy in 2015, when we brought him on to the guys—if you want to talk about pro- and loud, he has this reserve within Energy and Natural Resources Com- posals where you are looking to bring him that he draws on, and it helps. It mittee. Again, all good things come Republicans and Democrats together, helps him present these ideas and the through ENR. We brought him back to Fish is there. Fish is part of those dis- vision that he is able to articulate. be senior policy adviser in 2015, and he cussions. But like all good Alaskans, we seem served in that capacity until I brought He is engaged with the bipartisan to find our way back home, like a him over to be my chief of staff in 2016. chiefs. He works to build those rela- salmon returning to its stream. And He has served me here in my personal tionships across the aisle—not because Fish is going to be returning. I have no office since that time. he is looking for something but be- doubt he will continue to do great Fish is an Alaskan through and cause he knows that is how we are things for the people he loves, and I through. His family has lived in Alaska going to get something done. And when think he knows that we love him and for five generations. He was raised in we can get something done that bene- will miss him, as we will miss Brian Anchorage. He has worked for multiple fits Alaska, it is ultimately going to Hughes and as we will miss so many State legislators. He has worked in our benefit all. great colleagues who will be leaving us State government. He has worked on He is a brilliant thinker—I mean, at the end of this year. I have taken budget and energy policies. He was dep- just a brilliant thinker with a strategic time on the floor today to recognize uty commissioner of revenue. He has mind. He is one of these guys who can some of those individuals who make us worked to help build up so many dif- come up with things that I swear no- as Members stronger and better able to ferent energy projects—the Alaska body else has thought about. do the jobs we do. LNG project. He served on the AIDEA I was reading an article—this is With that, I yield the floor. board, on the Alaska Energy Author- something that was published a few I suggest the absence of a quorum. ity. years ago by a former teacher and men- The PRESIDING OFFICER. The He has been involved in so many dif- tor of his from college, and this is from clerk will call the roll. ferent aspects of what is making our Lynn Paulson. It provides a quote from The senior assistant legislative clerk State move that when he first agreed Fish talking about his educational proceeded to call the roll. to come back to Washington, DC, I fig- background at Alaska Pacific Univer- Mr. MCCONNELL. Mr. President, I ured I would be able to keep him back sity. He said: I have learned to think ask unanimous consent that the order here for just a couple years. Somebody strategically in a way that is unique for the quorum call be rescinded. with this much potential, somebody and invaluable and has allowed me to The PRESIDING OFFICER. Without with this much on the ball—how was I do anything, from developing financing objection, it is so ordered. possibly going to be able to keep him for renewable energy programs to nego- f here? I figured out how to do it—just tiating multibillion-dollar deals. make sure he could get back to Alaska Lynn Paulson goes on to say that BUSINESS BEFORE THE SENATE for work throughout the summer so he Fish ‘‘has the temperament to be in Mr. MCCONNELL. Mr. President, could do the fishing that he really, the middle of this highly charged and here is where we are: Conversations are really wants to do first and foremost. polarized arena and to emerge unruf- still underway and making progress on But that is just the human, personal fled . . . supremely well informed and the major pandemic relief package we side of him. What Fish has provided me his trenchant logic.’’ These are words have all been seeking for the American is a view towards relationships and that others have used to describe him. people.

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.030 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7579 As I have been saying, families across EXECUTIVE SESSION move to bring to a close debate on the nomi- the Nation have waited far too long al- nation of Eric J. Soskin, of Virginia, to be ready for another significant dose of Inspector General, Department of Transpor- assistance. We must not slide into EXECUTIVE CALENDAR tation. Mitch McConnell, Lamar Alexander, treating these talks like routine nego- Mr. MCCONNELL. Mr. President, I Rick Scott, Tom Cotton, Mike Crapo, tiations to be conducted at Congress’s move to proceed to executive session to Cory Gardner, Ron Johnson, James routine pace. consider Calendar No. 712. Lankford, Roger F. Wicker, Marco So we need to complete this work, The PRESIDING OFFICER. The Rubio, Cindy Hyde-Smith, Thom Tillis, and we need to complete it right away. question is on agreeing to the motion. Shelley Moore Capito, John Boozman, That is what I have said. The Senate is The motion was agreed to. Joni Ernst, Mike Braun, Pat Roberts. not going anywhere until we have The PRESIDING OFFICER. The f COVID relief out the door. We are stay- clerk will report the nomination. LEGISLATIVE SESSION ing right here until COVID relief is out The senior assistant legislative clerk the door. read the nomination of John Chase Mr. MCCONNELL. Mr. President, I In the meantime, we are going to Johnson, of Oklahoma, to be Inspector move to proceed to legislative session. stay productive while these negotia- General, Federal Communications The PRESIDING OFFICER. The tions are going on. So for the informa- Commission. (New Position) question is on agreeing to the motion. tion of all of my colleagues, we should CLOTURE MOTION The motion was agreed to. expect continued votes on nominations Mr. MCCONNELL. I send a cloture f throughout the weekend. We will con- motion to the desk. EXECUTIVE SESSION tinue accomplishing other aspects of The PRESIDING OFFICER. The clo- the people’s business—confirming well- ture motion having been presented qualified nominees to important under rule XXII, the Chair directs the EXECUTIVE CALENDAR posts—until we can act on the major clerk to read the motion. Mr. MCCONNELL. Mr. President, I rescue package the American people The legislative clerk read as follows: deserve. move to proceed to executive session to CLOTURE MOTION consider Calendar No. 757. f We, the undersigned Senators, in accord- The PRESIDING OFFICER. The EXECUTIVE SESSION ance with the provisions of rule XXII of the question is on agreeing to the motion. Standing Rules of the Senate, do hereby The motion was agreed to. move to bring to a close debate on the nomi- nation of John Chase Johnson, of Oklahoma, The PRESIDING OFFICER. The EXECUTIVE CALENDAR to be Inspector General, Federal Commu- clerk will report the nomination. The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I nications Commission. (New Position) read the nomination of Beth Harwell, move to proceed to executive session to Mitch McConnell, Lamar Alexander, Rick Scott, Tom Cotton, Mike Crapo, of Tennessee, to be a Member of the consider Calendar No. 895. Cory Gardner, Ron Johnson, James Board of Directors of the Tennessee The PRESIDING OFFICER. The Lankford, Roger F. Wicker, Marco Valley Authority for a term expiring question is on agreeing to the motion. Rubio, Cindy Hyde-Smith, Thom Tillis, May 18, 2024. The motion was agreed to. Shelley Moore Capito, John Boozman, The PRESIDING OFFICER. The Joni Ernst, Mike Braun, Pat Roberts. CLOTURE MOTION Mr. MCCONNELL. I send a cloture clerk will report the nomination. f The senior assistant legislative clerk motion to the desk. read the nomination of Thompson Mi- LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- chael Dietz, of , to be a Mr. MCCONNELL. Mr. President, I ture motion having been presented Judge of the United States Court of move to proceed to legislative session. under rule XXII, the Chair directs the Federal Claims for a term of fifteen The PRESIDING OFFICER. The clerk to read the motion. years. question is on agreeing to the motion. The legislative clerk read as follows: CLOTURE MOTION The motion was agreed to. CLOTURE MOTION Mr. MCCONNELL. I send a cloture f We, the undersigned Senators, in accord- motion to the desk. ance with the provisions of rule XXII of the EXECUTIVE SESSION Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The clo- move to bring to a close debate on the nomi- ture motion having been presented nation of Beth Harwell, of Tennessee, to be a under rule XXII, the Chair directs the EXECUTIVE CALENDAR Member of the Board of Directors of the Ten- clerk to read the motion. nessee Valley Authority for a term expiring The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I May 18, 2024. CLOTURE MOTION move to proceed to executive session to Mitch McConnell, Lamar Alexander, consider Calendar No. 904. Rick Scott, Tom Cotton, Mike Crapo, We, the undersigned Senators, in accord- The PRESIDING OFFICER. The Cory Gardner, Ron Johnson, James ance with the provisions of rule XXII of the Lankford, Roger F. Wicker, Marco Standing Rules of the Senate, do hereby question is on agreeing to the motion. The motion was agreed to. Rubio, Cindy Hyde-Smith, Thom Tillis, move to bring to a close debate on the nomi- Shelley Moore Capito, John Boozman, nation of Thompson Michael Dietz, of New The PRESIDING OFFICER. The Joni Ernst, Mike Braun, Pat Roberts. Jersey, to be a Judge of the United States clerk will report the nomination. Court of Federal Claims for a term of fifteen The assistant legislative clerk read f years. the nomination of Eric J. Soskin, of LEGISLATIVE SESSION Mitch McConnell, Chuck Grassley, Mike Virginia, to be Inspector General, De- Crapo, Shelley Moore Capito, John Cor- Mr. MCCONNELL. Mr. President, I nyn, Cindy Hyde-Smith, Steve Daines, partment of Transportation. move to proceed to legislative session. Mike Lee, Ron Johnson, Thom Tillis, CLOTURE MOTION The PRESIDING OFFICER. The Richard Burr, Pat Roberts, Cory Gard- Mr. MCCONNELL. I send a cloture question is on agreeing to the motion. ner, Tom Cotton, John Boozman, John motion to the desk. The motion was agreed to. Hoeven, Lindsey Graham. The PRESIDING OFFICER. The clo- f f ture motion having been presented under rule XXII, the Chair directs the EXECUTIVE SESSION LEGISLATIVE SESSION clerk to read the motion. Mr. MCCONNELL. Mr. President, I The legislative clerk read as follows: EXECUTIVE CALENDAR move to proceed to legislative session. CLOTURE MOTION The PRESIDING OFFICER. The We, the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. ance with the provisions of rule XXII of the move to proceed to executive session to The motion was agreed to. Standing Rules of the Senate, do hereby consider Calendar No. 758.

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.032 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7580 CONGRESSIONAL RECORD — SENATE December 17, 2020 The PRESIDING OFFICER. The Michael B. Enzi, Steve Daines, Cindy in Federal student aid programs to question is on agreeing to the motion. Hyde-Smith, John Boozman, Thom share contact information for suicide The motion was agreed to. Tillis, John Cornyn, Roger F. Wicker, prevention resources with their stu- The PRESIDING OFFICER. The Marco Rubio, Roy Blunt, Joni Ernst, dents, and this is how it works: Mike Braun, Mike Crapo. clerk will report the nomination. If a university distributes student ID The senior assistant legislative clerk f cards—most do; not all of them do but read the nomination of Brian Noland, LEGISLATIVE SESSION most do—then the universities would of Tennessee, to be a Member of the Mr. MCCONNELL. Mr. President, I be directed to include the phone num- Board of Directors of the Tennessee move to proceed to legislative session. bers for the National Suicide Preven- Valley Authority for a term expiring The PRESIDING OFFICER. The tion Lifeline, for the Crisis Text Line, May 18, 2024. question is on agreeing to the motion. and for a campus mental health center CLOTURE MOTION The motion was agreed to. or program on the student ID card. If a university doesn’t have a student ID Mr. MCCONNELL. I send a cloture f motion to the desk. card, they don’t have to publish a stu- The PRESIDING OFFICER. The clo- EXECUTIVE SESSION dent ID card just for that purpose. ture motion having been presented They can put the information on their websites. under rule XXII, the Chair directs the EXECUTIVE CALENDAR clerk to read the motion. The National Suicide Prevention The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I Lifeline is well known. It is a national move to proceed to executive session to CLOTURE MOTION network of over, I think, 180 local cri- consider Calendar No. 591. sis centers. Those centers provide con- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the The PRESIDING OFFICER. The fidential emotional support to anybody Standing Rules of the Senate, do hereby question is on agreeing to the motion. in a suicidal crisis or emotional dis- move to bring to a close debate on the nomi- The motion was agreed to. tress. They offer 24/7 services, and nation of Brian Noland, of Tennessee, to be a The PRESIDING OFFICER. The those services are free. Member of the Board of Directors of the Ten- clerk will report the nomination. I would also point out that our legis- nessee Valley Authority for a term expiring The senior assistant legislative clerk lation is also supported by the Amer- May 18, 2024. read the nomination of Fernando L. ican Foundation for Suicide Preven- Mitch McConnell, Lamar Alexander, Aenlle-Rocha, of California, to be tion, the National Alliance on Mental Rick Scott, Tom Cotton, Mike Crapo, United States District Judge for the Cory Gardner, Ron Johnson, James Illness, the National Association of Lankford, Roger F. Wicker, Marco Central District of California. School Psychologists, and 14 other Rubio, Cindy Hyde-Smith, Thom Tillis, CLOTURE MOTION mental health-related organizations. Shelley Moore Capito, John Boozman, Mr. MCCONNELL. Mr. President, I Our legislation, finally, would not Joni Ernst, Mike Braun, Pat Roberts. send a cloture motion to the desk. take effect until 1 year. So I don’t want f The PRESIDING OFFICER. The clo- anyone to think that we are requiring our colleges to go out and immediately LEGISLATIVE SESSION ture motion having been presented under rule XXII, the Chair directs the publish new student IDs. As they pub- Mr. MCCONNELL. Mr. President, I clerk to read the motion. lish new student IDs when the current move to proceed to legislative session. The legislative clerk read as follows: year runs out, we are just asking them The PRESIDING OFFICER. The CLOTURE MOTION to include this information on those question is on agreeing to the motion. We, the undersigned Senators, in accord- IDs. The motion was agreed to. ance with the provisions of rule XXII of the Toward that end, as if in legislative f Standing Rules of the Senate, do hereby session, I ask unanimous consent that the Committee on Health, Education, EXECUTIVE SESSION move to bring to a close debate on the nomi- nation of Fernando L. Aenlle-Rocha, of Cali- Labor, and Pensions be discharged fornia, to be United States District Judge for from further consideration of our legis- EXECUTIVE CALENDAR the Central District of California. lation, S. 1782, and that the Senate pro- Mitch McConnell, John Barrasso, David ceed to its immediate consideration. Mr. MCCONNELL. Mr. President, I Perdue, Thom Tillis, Tom Cotton, Mike The PRESIDING OFFICER. The move to proceed to executive session to Rounds, Roger F. Wicker, Kevin clerk will report the bill by title. consider Calendar No. 836. Cramer, Richard Burr, Mike Crapo, Steve Daines, Marsha Blackburn, John The legislative clerk read as follows: The PRESIDING OFFICER. The A bill (S. 1782) to add suicide prevention re- question is on agreeing to the motion. Thune, James E. Risch, Mike Braun, Tim Scott. sources to school identification cards. The motion was agreed to. There being no objection, the com- The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- ator from Louisiana. mittee was discharged, and the Senate clerk will report the nomination. proceeded to consider the bill. The senior assistant legislative clerk f Mr. KENNEDY. I ask unanimous con- read the nomination of Charles A. IMPROVING MENTAL HEALTH sent that the bill be considered read a Stones, of Kansas, to be a Member of ACCESS FOR STUDENTS ACT third time. the Board of Directors of the Federal Mr. KENNEDY. Mr. President, sui- The PRESIDING OFFICER. Without Agricultural Mortgage Corporation. cide is the second leading cause of objection, it is so ordered. CLOTURE MOTION death for youth and for young adults The bill was ordered to be engrossed Mr. MCCONNELL. I send a cloture aged 10 to 34. It is also the second lead- for a third reading and was read the motion to the desk. ing cause of death among college stu- third time. Mr. KENNEDY. Mr. President, I The PRESIDING OFFICER. The clo- dents. Thirty-nine percent, in fact, of know of no further debate on the bill. ture motion having been presented college students experience a signifi- The PRESIDING OFFICER. If there under rule XXII, the Chair directs the cant mental health issue, and 50 per- is no further debate on the bill, the bill clerk to read the motion. cent of mental health issues begin by having been read the third time, the The legislative clerk read as follows: age 14. Seventy-five percent of them CLOTURE MOTION question is, Shall the bill pass? begin by age 24. The bill (S. 1782) was passed, as fol- We, the undersigned Senators, in accord- Senators CORNYN, JONES, WARREN, lows: ance with the provisions of rule XXII of the GILLIBRAND, ROSEN, and I have intro- S. 1782 Standing Rules of the Senate, do hereby duced the Improving Mental Health Ac- Be it enacted by the Senate and House of Rep- move to bring to a close debate on the nomi- cess for Students Act. There is com- nation of Charles A. Stones, of Kansas, to be resentatives of the United States of America in a Member of the Board of Directors of the panion legislation in the House that is Congress assembled, Federal Agricultural Mortgage Corporation. also bipartisan that has 51 cosponsors. SECTION 1. SHORT TITLE. Mitch McConnell, Pat Roberts, Cory Our legislation is pretty simple. It This Act may be cited as the ‘‘Improving Gardner, Richard Burr, John Thune, would require colleges that participate Mental Health Access for Students Act’’.

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.040 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7581 SEC. 2. ADDING SUICIDE PREVENTION CONTACT TRIBUTE TO MAC THORNBERRY than he found it, and I thank him on INFORMATION TO SCHOOL IDENTI- behalf of all Texans for the true patriot FICATION CARDS. Mr. CORNYN. Mr. President, the first (a) IN GENERAL.—Section 487(a) of the name I want to mention is MAC THORN- that he is. Higher Education Act of 1965 (20 U.S.C. BERRY. MAC is the dean of the Texas f 1094(a)) is amended by adding at the end the delegation. His district is the second TRIBUTE TO WILL HURD following: largest in Texas, and comprises parts ‘‘(30)(A) In the case of an institution that of 41 different counties. It stretches Mr. CORNYN. Mr. President, as we creates and distributes identification cards like to say, everything is a little bit for students at any time after the date of en- from the suburbs of Dallas, across Wichita Falls, Amarillo, and most of bigger in Texas than the rest of the actment of this paragraph, such institution country, and that is true not only of shall include phone contact information on the Texas Panhandle. MAC’s district but also the largest con- each such card for the following organiza- The folks throughout Texas 13 tions: couldn’t have asked for a stronger ad- gressional district represented by an- ‘‘(i) The National Suicide Prevention Life- vocate over these last 26 years than other one of our departing colleagues, line. MAC. His background as a rancher, a WILL HURD. WILL was a former CIA of- ‘‘(ii) Crisis Text Line. former Capitol Hill staffer, and a State ficer when he was elected to the House ‘‘(iii) A campus mental health center or Department official under the Reagan of Representatives in 2014. One Texan program, as determined by the institution. aptly observed: ‘‘He has been running a ‘‘(B) In the case of an institution that does administration, then brought him to Congress with a well-rounded view of marathon like a sprint for seven not create and distribute identification cards years.’’ for students at any time after the date of en- the problems facing our country. He actment of this paragraph, such institution possessed the leadership characteris- I think WILL’s last congressional race shall publish the suicide prevention contact tics needed to address each of those. he won by 900 votes in this sprawling information specified in subparagraph (A) on He spent his time here consistently border district. the website of such institution. fighting to rein in government spend- His expertise is in cyber security, as ‘‘(C) If an organization in clause (i) or (ii) ing—something that, as the Presiding well as intelligence matters. He has of subparagraph (A) ceases to exist, the Sec- Officer knows, sometimes seems like a helped steer our efforts to bolster our retary may designate a different entity with national security, counterterrorism, a similar purpose to be included on the iden- futile task but necessary. He has consistently fought to protect and strengthen our intelligence com- tification card.’’. munity and capacity. (b) EFFECTIVE DATE.—The amendment our freedoms and liberties and ensure made by subsection (a) shall take effect be- that all Texans have a shot at the Considering his district includes 800 ginning on the day that is 1 year after the American dream. miles of our southern border, you can date of enactment of this Act. We have worked together many times imagine that he has been a strong ad- Mr. KENNEDY. Mr. President, I ask over the years on everything from pro- vocate for our border communities. We unanimous consent that the motion to tecting the property rights of folks have worked together on cross-border reconsider be considered made and laid along the Red River to renaming the trade, modernizing our ports of entry, upon the table. Amarillo courthouse after a trail- and ensuring communities along the The PRESIDING OFFICER. Without blazing Texan, Mary Lou Robinson. border are safe and prosperous. objection, it is so ordered. There is no question that some of his We have also been working together Mr. KENNEDY. I suggest the absence greatest accomplishments are related on establishing a national museum of of a quorum. to our national defense. MAC has served the American Latino here in Wash- The PRESIDING OFFICER. The on the House Armed Services Com- ington, and I hope we will be able to clerk will call the roll. mittee throughout his time in Con- push this authorization bill over the The legislative clerk proceeded to gress, and he became the first Texan of line here in the coming days. call the roll. either party to chair that committee. Unlike some folks whom we meet in (Mr. KENNEDY assumed the Chair.) He has used this important and power- Washington who seem to be all talk Mr. CORNYN. Mr. President, I ask ful post to ensure that our servicemem- and who never seem to listen, WILL un- unanimous consent that the order for bers have what they need to defend our derstands the importance of sitting the quorum call be rescinded. freedoms abroad and the training and down for a conversation with his con- The PRESIDING OFFICER (Mr. the equipment to make it home safely. stituents and actually listening to SCOTT of Florida). Without objection, He has done a lot—more than most— what they have to say. He launched the it is so ordered. to improve military readiness, includ- highly popular ‘‘DC to DQ tour,’’ where f ing through needed improvements at he met with constituents at local our Texas military installations. I re- Dairy Queens in all 29 counties in his TRIBUTE TO THE TEXAS member visiting Sheppard Air Force district in only 5 days. DELEGATION Base in MAC’s district with him a cou- For everything from healthcare to Mr. CORNYN. Mr. President, at the ple of years ago and being taken aback education, to veterans affairs, Texans end of each Congress, we have the bit- by the look of admiration and appre- can sit down with their Congressman tersweet task of saying good-bye to ciation on the faces of those airmen we and have a real conversation about the some of our retiring colleagues, and encountered who knew of MAC’s incred- things that counted for the most in today I want to talk a little bit about ible advocacy on their behalf. their lives and the things they would our departing Members of Team Texas. It is appropriate that the National like to see him pursue on their behalf When I came to the Senate, suc- Defense Authorization Act that just here in Washington, DC. ceeding Senator Phil Gramm, Senator passed both Chambers of Congress car- I would hate to know how many Bliz- Kay Bailey Hutchison, now our Ambas- ries his name—the MAC THORNBERRY zards WILL ate during that time, but sador to NATO, always schooled us on National Defense Authorization Act. these conversations certainly drove his Team Texas and said: We may be There could not be a more fitting trib- policymaking and ensured the people Democrats, we may be House Members, ute to the countless ways our friend of the Texas 23rd were truly heard here we may be Republicans, we may be from Clarendon has improved our great in Congress. Members of the Senate, but when it country. Last year, WILL and I both took part comes to Texas, we are all part of I want to thank MAC for his incred- in San Antonio’s annual Martin Luther Team Texas. ible leadership, as well as his service King, Jr., March, which is one of the And I tried to carry that tradition on and his friendship over the years. The largest in the country. WILL happens to as well. halls of Congress won’t be the same be the only Black Republican in the Our delegation is losing six incred- without him, but I know he is eager to House of Representatives and has be- ible statesmen, including three ranking spend more time with his wonderful come a trusted voice for those whose Members in the House, whose contribu- wife Sally and the rest of their ex- experience and ideas are too often tions have notched countless wins for tended family. overlooked or underrepresented. our State during their time in Con- MAC has done what we all aspire to That has been especially true over gress. do, and that is to leave Congress better the last several months, when we have

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.009 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7582 CONGRESSIONAL RECORD — SENATE December 17, 2020 had an honest national conversation KENNY is a genuine statesman, quiet Hood attack after a long fight here in about racial reconciliation and injus- but serious and effective, and he has Congress to give these heroes the rec- tice in this country, and I know that he devoted almost his entire career to ognition and the benefits they deserve. will continue to use his voice as a force public service. He started out on the BILL has been a reliable advocate for for good long after leaving Congress. Carrolton City Council and then be- our veterans and servicemembers, as WILL has been a steady hand in re- came mayor and then spent nine terms well as our energy industry and our minding our colleagues alike that good as a State representative, and, finally, free enterprise system, in general. policies should always come before par- eight terms in the U.S. House of Rep- I want to thank him for his service to tisan politics, and it is fair to say we resentatives. And he proudly rep- our State and to our Nation and wish need more leaders like that in Congress resents North Texans and has for the him and Gina the best in the next these days, not fewer. last four decades. chapter of their lives. I am grateful for his friendship and As a Member of the Ways and Means f service to our country, and I know this Committee, he has played an integral TRIBUTE TO PETE OLSON isn’t the end of the road for WILL HURD. role in the effort to keep taxes down, I am eager to see where his next career including passage of the Tax Cuts and Mr. CORNYN. Mr. President, finally, takes him, and I will be happy to cheer Jobs Act in 2018, which was part of the I would say last, but certainly not him along the way. spur of our great economic growth least, is my friend, my former chief of f leading up to the pandemic. staff, and proud Representative of TRIBUTE TO MIKE CONAWAY He has been a staunch supporter of Texas 22, PETE OLSON. As the old say- efforts to reduce government waste and ing goes, Pete wasn’t born in Texas, Mr. CORNYN. Mr. President, much of ensure that Congress is a responsible but he got there as fast as he could. the area that is sandwiched between steward of taxpayer dollars. He has His family moved from Washington MAC and WILL’s two districts is rep- fought for our servicemembers, vet- State to Texas when PETE was only 10 resented by another retired Member of erans, and for strong national defense. years old. He grew up in Seabrook. He our delegation, MIKE CONAWAY. Before As the top Republican on the House went to Rice for his undergraduate de- finding his way into public service, Ethics Committee, KENNY helped to gree and UT for law school and hardly MIKE served our country in the Army strengthen transparency and public left the Lone Star State until he en- and was stationed at Fort Hood. But he confidence in our government, and listed in the Navy. quickly made his way to the Permian there couldn’t be a more important As a Navy pilot, he flew missions all Basin and built a successful career in over the world, and he was eventually the private sector before getting in- time for such a lofty goal. I know KENNY is eager to spend more brought to the U.S. Senate as a naval volved with politics. liaison. During his 16 years in Congress, he time at home with his wife Donna, I had the good fortune of meeting has represented the folks of Texas 11 their kids, and a growing gaggle of PETE because he worked for Phil and burned the candle at both ends in grandkids. Most of their children are Gramm, my predecessor, and he had a the process of doing so. grown now, but the number of stellar reputation, likely due to his MIKE is a man of faith, believes in grandkids seems to be increasing in the right to life, and is an advocate for pace. Navy days of making the ships run on a strong defense and has been a cham- I want to thank him for his incred- time. PETE served as my first chief of staff pion for our Nation’s veterans. ible contributions to our State and His background as a CPA—we could wish him the best in the next chapter. for several years and made it back use a few more of those, maybe less f home to Texas before making his own run for congressional office. lawyers. But his background as a CPA TRIBUTE TO BILL FLORES has helped drive debates on our Na- His district is literally one of the tion’s spending habits, and I know his Mr. CORNYN. Mr. President, the most ethnically diverse in the State expertise in this area will be deeply House will lose a true class act and the and one of the most diverse in the missed. epitome of a self-made success with the country. PETE has consistently I believe MIKE would agree that at retirement of Congressman BILL FLO- prioritized connecting with folks of dif- the top of his mountain of achieve- RES. At just 9 years old, Congressman ferent backgrounds and cultures to ments are those for our farmers and FLORES began tending to cattle with learn about the challenges they are ranchers. He authored the 2018 farm his dad in the Texas Panhandle, and he facing and to figure out how to lead bill, which provides the support, cer- hasn’t quit working since. positive changes in Congress. tainty, and stability for our farmers He is a ninth generation Texan, rep- PETE has been a reliable helping hand that they need in order to operate in a resenting Waco, College Station, and during some of our toughest times. modern economy. This legislation parts of North Austin and Pflugerville. Following the Deepwater Horizon acci- strengthened crop insurance, created You would be hard-pressed to find a dent, PETE and I flew several hours seed cotton eligibility for the farm bill more deeply divided district than into the Gulf of Mexico to a drilling rig safety net, and helped counter cattle Texas 17, and I don’t mean divided in rooted in 9,000 feet of water to learn tick fever and other animal risks. terms of politics or geography. You more about the rigors of working on It would have been tough for Texas have the Aggies, the Bears, and the offshore rigs. farmers and ranchers and producers to Longhorns—three of Texas’s proudest After Hurricane Harvey, PETE and I make it through these times but for fan bases—squeezed into one congres- joined Team Rubicon’s veteran volun- MIKE as the lead agriculture policy- sional district. Ever the diplomat, BILL teers to muck out some of the flooded maker in Congress. The halls of Con- considers himself tripartisan. Although homes in the Houston area. We fought gress will not be the same without him, he is an Aggie himself, he would gladly alongside one another to secure the but MIKE’s contributions, his leader- throw up the ‘‘Hook ‘em Horns’’ or the funding from Congress to recover and ship, and devoted service will never be ‘‘Sic ‘em Bears.’’ rebuild after Hurricane Harvey. forgotten. Throughout his time in Congress, I It was common then to see PETE I know he and his wife Suzanne are have been proud to work with BILL on around Capitol Hill with a Houston eager to spend more time at home with a number of shared priorities. We Astros jersey over his dress shirt to their extended family, and I wish them teamed up on legislation to designate draw attention—by any means, whatso- a happy and well-deserved retirement. the Waco Mammoth site as a national ever—to the need for additional fund- f monument. We worked together to re- ing for the folks in his district and name the Waco Veterans Affairs Med- folks in that region. TRIBUTE TO KENNY MARCHANT ical Center after World War II Hero It is safe to say that PETE OLSON’s Mr. CORNYN. Mr. President, it seems Petty Officer Doris Miller. presence has been a constant through- like we have a lot of Texans leaving We both had the pleasure of attend- out my time here in the Senate, and I Congress, and one of those is KENNY ing the long overdue Purple Heart cere- will miss having him just across the MARCHANT. mony honoring the victims of the Fort dome.

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.052 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7583 Like the others I have mentioned, I and organizations of items of tangible cultural described in clause (i) or (ii) of subparagraph know PETE is eager to spend more time heritage, including items covered by the Native (A) for which an Indian Tribe or Native Hawai- at home in Sugar Land with his wife American Graves Protection and Repatriation ian organization with a cultural affiliation with Nancy and his extended family, but I Act (25 U.S.C. 3001 et seq.) (including section the item has provided a certificate authorizing 1170 of title 18, United States Code, as added by exportation of the item. hope he knows how much we will miss that Act) and the Archaeological Resources Pro- (7) NATIVE AMERICAN.—The term ‘‘Native him in Congress. tection Act of 1979 (16 U.S.C. 470aa et seq.); American’’ means— If it isn’t already obvious, the Texas (5) to establish an interagency working group (A) Native American (as defined in section 2 delegation is losing some truly out- to ensure communication between Federal agen- of the Native American Graves Protection and standing Members, and our new addi- cies to successfully implement this Act, the Na- Repatriation Act (25 U.S.C. 3001)); and tions will have some big boots to fill. tive American Graves Protection and Repatri- (B) Native Hawaiian (as so defined). But I just want to tell you how much I ation Act (25 U.S.C. 3001 et seq.) (including sec- (8) NATIVE HAWAIIAN ORGANIZATION.—The appreciate the opportunity to express tion 1170 of title 18, United States Code, as term ‘‘Native Hawaiian organization’’ has the added by that Act), the Archaeological Re- meaning given the term in section 2 of the Na- my gratitude to each of these six out- sources Protection Act of 1979 (16 U.S.C. 470aa tive American Graves Protection and Repatri- standing Congressmen for their friend- et seq.), and other relevant Federal laws; ation Act (25 U.S.C. 3001). ship and service to our State and wish (6) to establish a Native working group of In- (9) SECRETARY.—The term ‘‘Secretary’’ means them and their families well as they dian Tribes and Native Hawaiian organizations the Secretary of the Interior. take on new challenges ahead. to assist in the implementation of this Act, the (10) TANGIBLE CULTURAL HERITAGE.—The term I yield the floor. Native American Graves Protection and Repatri- ‘‘tangible cultural heritage’’ means— I suggest the absence of a quorum. ation Act (25 U.S.C. 3001 et seq.) (including sec- (A) Native American human remains; or The PRESIDING OFFICER. The tion 1170 of title 18, United States Code, as (B) culturally, historically, or clerk will call the roll. added by that Act), the Archaeological Re- archaeologically significant objects, resources, sources Protection Act of 1979 (16 U.S.C. 470aa patrimony, or other items that are affiliated The legislative clerk proceeded to et seq.), and other relevant Federal laws; with a Native American culture. call the roll. (7) to exempt from disclosure under section 552 SEC. 4. ENHANCED NAGPRA PENALTIES. Mr. HEINRICH. Mr. President, I ask of title 5, United States Code (commonly known Section 1170 of title 18, United States Code, is unanimous consent that the order for as the ‘‘Freedom of Information Act’’)— amended— the quorum call be rescinded. (A) information submitted by Indian Tribes or (1) by striking ‘‘5 years’’ each place it appears The PRESIDING OFFICER. Without Native Hawaiian organizations pursuant to this and inserting ‘‘10 years’’; objection, it is so ordered. Act; and (2) in subsection (a), by striking ‘‘12 months’’ (B) information relating to an Item Requiring f and inserting ‘‘1 year and 1 day’’; and Export Certification for which an export certifi- (3) in subsection (b), by striking ‘‘one year’’ SAFEGUARD TRIBAL OBJECTS OF cation was denied pursuant to this Act; and and inserting ‘‘1 year and 1 day’’. (8) to encourage buyers to purchase legal con- PATRIMONY ACT OF 2019 SEC. 5. EXPORT PROHIBITIONS; EXPORT CERTIFI- temporary art made by Native artists for com- CATION SYSTEM; INTERNATIONAL Mr. HEINRICH. Mr. President, as if mercial purposes. AGREEMENTS. in legislative session, I ask unanimous SEC. 3. DEFINITIONS. (a) EXPORT PROHIBITIONS.— consent that the Senate proceed to the In this Act: (1) IN GENERAL.—It shall be unlawful for any immediate consideration of Calendar (1) ARCHAEOLOGICAL RESOURCE.—The term person— No. 608, S. 2165. ‘‘archaeological resource’’ means an archae- (A) to export, attempt to export, or otherwise The PRESIDING OFFICER. The ological resource (as defined in section 3 of the transport from the United States any Item Pro- clerk will report the bill by title. Archaeological Resources Protection Act of 1979 hibited from Exportation; The legislative clerk read as follows: (16 U.S.C. 470bb)) that is Native American. (B) to conspire with any person to engage in (2) CULTURAL AFFILIATION.—The term ‘‘cul- an activity described in subparagraph (A); or A bill (S. 2165) to enhance protections of tural affiliation’’ means that there is a relation- (C) to conceal an activity described in sub- Native American tangible cultural heritage, ship of shared group identity that can be rea- paragraph (A). and for other purposes. sonably traced historically or prehistorically be- (2) PENALTIES.—Any person who violates There being no objection, the Senate tween a present day Indian Tribe or Native Ha- paragraph (1) and knows, or in the exercise of proceeded to consider the bill, which waiian organization and an identifiable earlier due care should have known, that the Item Pro- had been reported from the Committee group. hibited from Exportation was taken, possessed, on Indian Affairs, with an amendment (3) CULTURAL ITEM.—The term ‘‘cultural transported, or sold in violation of, or in a man- to strike all after the enacting clause item’’ means any 1 or more cultural items (as de- ner unlawful under, any Federal law or treaty, fined in section 2 of the Native American Graves shall be fined in accordance with section 3571 of and insert in lieu thereof the following: Protection and Repatriation Act (25 U.S.C. title 18, United States Code, imprisoned for not SECTION 1. SHORT TITLE. 3001)). more than 1 year and 1 day for a first violation, This Act may be cited as the ‘‘Safeguard Trib- (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ and not more than 10 years for a second or sub- al Objects of Patrimony Act of 2020’’. has the meaning given the term ‘‘Indian tribe’’ sequent violation, or both. SEC. 2. PURPOSES. in section 2 of the Native American Graves Pro- (3) DETENTION, FORFEITURE, AND REPATRI- The purposes of this Act are— tection and Repatriation Act (25 U.S.C. 3001). ATION.— (1) to carry out the trust responsibility of the (5) ITEM PROHIBITED FROM EXPORTATION.— (A) DETENTION AND DELIVERY.—The Secretary United States to Indian Tribes; The term ‘‘Item Prohibited from Exportation’’ of Homeland Security, acting through the Com- (2) to increase the maximum penalty for ac- means— missioner of U.S. Customs and Border Protec- tions taken in violation of the Native American (A) a cultural item prohibited from being traf- tion, shall— Graves Protection and Repatriation Act (25 ficked, including through sale, purchase, use for (i) detain any Item Prohibited from Expor- U.S.C. 3001 et seq.) (including section 1170 of profit, or transport for sale or profit, by— tation that is exported, attempted to be ex- title 18, United States Code, as added by that (i) section 1170(b) of title 18, United States ported, or otherwise transported from the United Act), in order to strengthen deterrence; Code, as added by the Native American Graves States in violation of paragraph (1); and (3) to stop the export, and facilitate the inter- Protection and Repatriation Act (25 U.S.C. 3001 (ii) deliver the Item Prohibited from Expor- national repatriation, of cultural items prohib- et seq.); or tation to the Secretary. ited from being trafficked by the Native Amer- (ii) any other Federal law or treaty; and (B) FORFEITURE.—Any Item Prohibited from ican Graves Protection and Repatriation Act (25 (B) an archaeological resource prohibited from Exportation that is exported, attempted to be ex- U.S.C. 3001 et seq.) (including section 1170 of being trafficked, including through sale, pur- ported, or otherwise transported from the United title 18, United States Code, as added by that chase, exchange, transport, receipt, or offer to States in violation of paragraph (1) shall be sub- Act) and archaeological resources prohibited sell, purchase, or exchange, including in inter- ject to forfeiture to the United States in accord- from being trafficked by the Archaeological Re- state or foreign commerce, by— ance with chapter 46 of title 18, United States sources Protection Act of 1979 (16 U.S.C. 470aa (i) subsections (b) and (c) of section 6 of the Code (including section 983(c) of that chapter). et seq.) by— Archaeological Resources Protection Act of 1979 (C) REPATRIATION.—Any Item Prohibited from (A) explicitly prohibiting the export; (16 U.S.C. 470ee); or Exportation that is forfeited under subpara- (B) creating an export certification system; (ii) any other Federal law or treaty. graph (B) shall be expeditiously repatriated to and (6) ITEM REQUIRING EXPORT CERTIFICATION.— the appropriate Indian Tribe or Native Hawai- (C) confirming the authority of the President (A) IN GENERAL.—The term ‘‘Item Requiring ian organization in accordance with, as appli- to request from foreign nations agreements or Export Certification’’ means— cable— provisional measures to prevent irremediable (i) a cultural item; and (i) the Native American Graves Protection and damage to Native American cultural heritage; (ii) an archaeological resource. Repatriation Act (25 U.S.C. 3001 et seq.) (includ- (4) to establish a Federal framework in order (B) EXCLUSION.—The term ‘‘Item Requiring ing section 1170 of title 18, United States Code, to support the voluntary return by individuals Export Certification’’ does not include an item as added by that Act); or

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 6333 E:\CR\FM\G17DE6.054 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7584 CONGRESSIONAL RECORD — SENATE December 17, 2020 (ii) the Archaeological Resources Protection (II) the Indian Tribe or Native Hawaiian or- to establish that the Item Requiring Export Cer- Act of 1979 (16 U.S.C. 470aa et seq.). ganization has relinquished title or control of tification is eligible for an export certification (b) EXPORT CERTIFICATION SYSTEM.— the Item Requiring Export Certification in ac- under this subsection. (1) EXPORT CERTIFICATION REQUIREMENT.— cordance with section 3 of the Native American (C) DATABASE APPLICATIONS.— (A) IN GENERAL.—No Item Requiring Export Graves Protection and Repatriation Act (25 (i) IN GENERAL.—The Secretary shall establish Certification may be exported from the United U.S.C. 3002). and maintain a secure central Federal database States without first having obtained an export (3) EXPORT CERTIFICATION APPLICATION AND information system (referred to in this subpara- certification in accordance with this subsection. ISSUANCE PROCEDURES.— graph as the ‘‘database’’) for the purpose of (B) PUBLICATION.—The Secretary, in con- (A) APPLICATIONS FOR EXPORT CERTIFI- making export certification applications avail- sultation with Indian Tribes and Native Hawai- CATION.— able to Indian Tribes and Native Hawaiian or- ian organizations, shall publish in the Federal (i) IN GENERAL.—An exporter seeking to export ganizations. Register a notice that includes— an Item Requiring Export Certification from the (ii) COLLABORATION REQUIRED.—The Sec- (i) a description of characteristics typical of United States shall submit to the Secretary an retary shall collaborate with Indian Tribes, Na- Items Requiring Export Certification, which export certification application in accordance tive Hawaiian organizations, and the inter- shall— with clause (iii). agency working group convened under section (I) include the definitions of the terms— (ii) CONSEQUENCES OF FALSE STATEMENT.— 7(a) in the design and implementation of the (aa) ‘‘cultural items’’ in section 2 of the Na- Any willful or knowing false statement made on database. tive American Graves Protection and Repatri- an export certification application form under (iii) AVAILABILITY.—Immediately on receipt of ation Act (25 U.S.C. 3001); and clause (i) shall— an export certification application, the Sec- (bb) ‘‘archaeological resource’’ in section 3 of (I) subject the exporter to criminal penalties retary shall make the export certification appli- the Archaeological Resources Protection Act of pursuant to section 1001 of title 18, United cation available on the database. 1979 (16 U.S.C. 470bb); States Code; and (iv) DELETION FROM DATABASE.—On request (II) describe the provenance requirements as- (II) prohibit the exporter from receiving an ex- by an Indian Tribe or Native Hawaiian organi- sociated with the trafficking prohibition appli- port certification for any Item Requiring Export zation, the Secretary shall delete an export cer- cable to— Certification in the future unless the exporter tification application from the database. (aa) cultural items under section 1170(b) of submits additional evidence in accordance with (v) TECHNICAL ASSISTANCE.—If an Indian title 18, United States Code; and subparagraph (B)(iii)(I). Tribe or Native Hawaiian organization lacks (bb) archaeological resources under sub- (iii) FORM OF EXPORT CERTIFICATION APPLICA- sufficient resources to access the database or re- sections (b) and (c) of section 6 of Archae- TION.—The Secretary, in consultation with In- spond to agency communications in a timely ological Resources Protection Act of 1979 (16 dian Tribes and Native Hawaiian organizations, manner, the Secretary, in consultation with In- U.S.C. 470ee); and at the discretion of the Secretary, in con- dian Tribes and Native Hawaiian organizations, (III)(aa) include the definitions of the terms sultation with third parties with relevant exper- shall provide technical assistance to facilitate ‘‘Native American’’ and ‘‘Native Hawaiian’’ in tise, including institutions of higher education, that access or response, as applicable. section 2 of the Native American Graves Protec- museums, dealers, and collector organizations, (D) ISSUANCE OF EXPORT CERTIFICATION.—On tion and Repatriation Act (25 U.S.C. 3001); and shall develop an export certification application receipt of an export certification application for (bb) describe how those terms apply to archae- form, which shall require that an applicant— an Item Requiring Export Certification that ological resources under this Act; and (I) describe, and provide pictures of, each Item meets the requirements of subparagraphs (A) (IV) be sufficiently specific and precise to en- Requiring Export Certification that the appli- and (B), if the Secretary, in consultation with sure that— cant seeks to export; Indian Tribes and Native Hawaiian organiza- (aa) an export certification is required only (II) include all available information regard- tions with a cultural affiliation with the Item for Items Requiring Export Certification; and ing the provenance of each such Item Requiring Requiring Export Certification, determines that (bb) fair notice is given to exporters and other Export Certification; and the Item Requiring Export Certification is eligi- persons regarding which items require an export (III) include the attestation described in sub- ble for an export certification under paragraph certification under this subsection; and paragraph (B)(i). (2), the Secretary may issue an export certifi- (ii) a description of characteristics typical of (B) EVIDENCE.— cation for the Item Requiring Export Certifi- items that do not qualify as Items Requiring Ex- (i) IN GENERAL.—In completing an export cer- cation. port Certification and therefore do not require tification application with respect to an Item (E) REVOCATION OF EXPORT CERTIFICATION.— an export certification under this subsection, Requiring Export Certification that the exporter (i) IN GENERAL.—If credible evidence is pro- which shall clarify that— seeks to export, the exporter shall attest that, to vided that indicates that an item that received (I) an item made solely for commercial pur- the best of the knowledge and belief of the ex- an export certification under subparagraph (D) poses is presumed to not qualify as an Item Re- porter, the exporter is not attempting to export is not eligible for an export certification under quiring Export Certification, unless an Indian an Item Prohibited from Exportation. paragraph (2), the Secretary may immediately Tribe or Native Hawaiian organization chal- (ii) SUFFICIENCY OF ATTESTATION.—An attes- revoke the export certification. lenges that presumption; and tation under clause (i) shall be considered to be (ii) DETERMINATION.—In determining whether (II) in some circumstances, receipts or certifi- sufficient evidence to support the application of a revocation is warranted under clause (i), the cations issued by Indian Tribes or Native Ha- the exporter under subparagraph (A)(iii)(III), Secretary shall consult with Indian Tribes and waiian organizations with a cultural affiliation on the condition that the exporter is not re- Native Hawaiian organizations with a cultural with an item may be used as evidence to dem- quired to provide additional evidence under affiliation with the affected Item Requiring Ex- onstrate a particular item does not qualify as an clause (iii)(I). port Certification. Item Requiring Export Certification. (iii) ADDITIONAL REQUIREMENTS.— (4) DETENTION, FORFEITURE, REPATRIATION, (2) ELIGIBILITY FOR EXPORT CERTIFICATION.— (I) IN GENERAL.—The Secretary shall give no- AND RETURN.— An Item Requiring Export Certification is eligi- tice to an exporter that submits an export cer- (A) DETENTION AND DELIVERY.—The Secretary ble for an export certification under this sub- tification application under subparagraph (A)(i) of Homeland Security, acting through the Com- section if— that the exporter is required to submit addi- missioner of U.S. Customs and Border Protec- (A) the Item Requiring Export Certification is tional evidence in accordance with subclause tion, shall— not under ongoing Federal investigation; (III) if the Secretary has determined under sub- (i) detain any Item Requiring Export Certifi- (B) the export of the Item Requiring Export paragraph (A)(ii) that the exporter made a will- cation that an exporter attempts to export or Certification would not otherwise violate any ful or knowing false statement on the applica- otherwise transport without an export certifi- other provision of law; and tion or any past export certification application. cation; and (C) the Item Requiring Export Certification— (II) DELAYS OR DENIALS.—The Secretary shall (ii) deliver the Item Requiring Export Certifi- (i) is not an Item Prohibited from Exportation; give notice to an exporter that submits an export cation to the Secretary, for seizure by the Sec- (ii) was excavated or removed pursuant to a certification application under subparagraph retary. permit issued under section 4 of the Archae- (A)(i) that the exporter may submit additional (B) FORFEITURE.—Any Item Requiring Export ological Resources Protection Act of 1979 (16 evidence in accordance with subclause (III) if Certification that is detained under subpara- U.S.C. 470cc) and in compliance with section the issuance of an export certification is— graph (A)(i) shall be subject to forfeiture to the 3(c) of the Native American Graves Protection (aa) delayed pursuant to the examination by United States in accordance with chapter 46 of and Repatriation Act (25 U.S.C. 3002(c)), if the the Secretary of the eligibility of the Item Re- title 18, United States Code (including section permit for excavation or removal authorizes ex- quiring Export Certification for an export cer- 983(c) of that chapter). port; or tification; or (C) REPATRIATION OR RETURN TO EXPORTER.— (iii) is accompanied by written confirmation (bb) denied by the Secretary because the Sec- (i) IN GENERAL.—Not later than 60 days after from the Indian Tribe or Native Hawaiian orga- retary determined that the Item Requiring Ex- the date of delivery to the Secretary of an Item nization with authority to alienate the Item Re- port Certification is not eligible for an export Requiring Export Certification under subpara- quiring Export Certification that— certification under this subsection. graph (A)(ii), the Secretary shall determine (I) the exporter has a right of possession (as (III) ADDITIONAL EVIDENCE.—On receipt of no- whether the Item Requiring Export Certification defined in section 2 of the Native American tice under subclause (I), an exporter shall, or on is an Item Prohibited from Exportation. Graves Protection and Repatriation Act (25 receipt of a notice under subclause (II), an ex- (ii) REPATRIATION.—If an Item Requiring Ex- U.S.C. 3001)) of the Item Requiring Export Cer- porter may, provide the Secretary with such ad- port Certification is determined by the Secretary tification; or ditional evidence as the Secretary may require to be an Item Prohibited from Exportation and

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 6333 E:\CR\FM\A17DE6.017 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7585 is forfeited under subparagraph (B), the item U.S. Customs and Border Protection, under age for the purpose of facilitating the voluntary shall be expeditiously repatriated to the appro- paragraph (4)(A)(i). return of tangible cultural heritage. priate Indian Tribe or Native Hawaiian organi- (III) The delivery to the Secretary of the Item (2) REFERRAL REPRESENTATIVES.—The Sec- zation in accordance with, as applicable— Requiring Export Certification by the Secretary retary shall compile a list of representatives (I) the Native American Graves Protection and of Homeland Security, acting through the Com- from each Indian Tribe and Native Hawaiian Repatriation Act (25 U.S.C. 3001 et seq.) (includ- missioner of U.S. Customs and Border Protec- organization for purposes of referral under ing section 1170 of title 18, United States Code, tion, under paragraph (4)(A)(ii). paragraph (1). as added by that Act); or (IV) The seizure by the Secretary of the Item (3) CONSULTATION.—The Secretary shall con- (II) the Archaeological Resources Protection Requiring Export Certification under paragraph sult with Indian Tribes, Native Hawaiian orga- Act of 1979 (16 U.S.C. 470aa et seq.). (4)(A)(ii). nizations, and the Native working group con- (iii) RETURN TO EXPORTER.— (6) FEES.— vened under section 8(a) before making a refer- (I) IN GENERAL.—If the Secretary determines (A) IN GENERAL.—The Secretary may collect ral under paragraph (1). that credible evidence does not establish that reasonable fees to process export certification (4) THIRD-PARTY EXPERTS.—The Secretary the Item Requiring Export Certification is an applications under this subsection. may use third parties with relevant expertise, Item Prohibited from Exportation, or if the Sec- (B) AVAILABILITY OF AMOUNTS COLLECTED.— including institutions of higher education, mu- retary does not complete the determination by Any amounts collected by the Secretary under seums, dealers, and collector organizations, in the deadline described in clause (i), the Sec- subparagraph (A)— determining to which Indian Tribe or Native retary shall return the Item Requiring Export (i) shall supplement (and not supplant) any Hawaiian organization an individual or organi- Certification to the exporter. appropriations to the Secretary for the activities zation should be referred under paragraph (1). (II) EFFECT.—The return of an Item Requiring described in subparagraph (A); and (d) LEGAL LIABILITY.—Nothing in this section Export Certification to an exporter under sub- (ii) shall not be covered into the Treasury as imposes on any individual or entity any addi- clause (I) shall not mean that the Item Requir- miscellaneous receipts. tional penalties or legal liability. ing Export Certification is eligible for an export (7) ADMINISTRATIVE APPEAL.—If the Secretary (e) TAX DOCUMENTATION.—In facilitating the certification under this subsection. denies an export certification or an Item Requir- voluntary return of tangible cultural heritage (5) PENALTIES.— ing Export Certification is detained under this under this section, the Secretary shall include (A) ITEMS REQUIRING EXPORT CERTIFI- subsection, the exporter, on request, shall be provision of tax documentation for a deductible CATION.— given a hearing on the record in accordance gift to an Indian Tribe or Native Hawaiian or- (i) IN GENERAL.—It shall be unlawful for any with such rules and regulations as the Secretary ganization, if the recipient Indian Tribe or Na- person to export, attempt to export, or otherwise promulgates pursuant to section 10. tive Hawaiian organization consents to the pro- transport from the United States any Item Re- (8) TRAINING.— vision of tax documentation. quiring Export Certification without first ob- (A) IN GENERAL.—The Secretary, the Secretary (f) REPATRIATION UNDER NATIVE AMERICAN taining an export certification. of State, the Attorney General, and the heads of GRAVES PROTECTION AND REPATRIATION ACT.— (ii) PENALTIES.—Except as provided in sub- all other relevant Federal agencies shall require The voluntary return provisions of this section paragraph (D), any person who violates clause all appropriate personnel to participate in train- shall apply to a specific item of tangible cultural (i) shall be— ing regarding applicable laws and consultations heritage only to the extent that the repatriation (I) assessed a civil penalty in accordance with to facilitate positive government-to-government provisions under section 7 of the Native Amer- such regulations as the Secretary promulgates interactions with Indian Tribes and Native Ha- ican Graves Protection and Repatriation Act (25 pursuant to section 10; and waiian Organizations. U.S.C. 3005) do not apply to the item of tangible (II) subject to any other applicable penalties (B) U.S. CUSTOMS AND BORDER PROTECTION cultural heritage. under this Act. TRAINING.—The Secretary of Homeland Security, SEC. 7. INTERAGENCY WORKING GROUP. (B) ITEMS PROHIBITED FROM EXPORTATION.— acting through the Commissioner of U.S. Cus- (a) IN GENERAL.—The Secretary shall des- Whoever exports an Item Prohibited from Expor- toms and Border Protection, shall require all ap- ignate a coordinating office to convene an inter- tation without first securing an export certifi- propriate personnel of U.S. Customs and Border agency working group consisting of representa- cation shall be liable for a civil money penalty, Protection to participate in training provided by tives from the Departments of the Interior, Jus- the amount of which shall equal the total cost the Secretary of the Interior or an Indian Tribe tice, State, and Homeland Security. of storing and repatriating the Item Prohibited or Native Hawaiian organization to assist the (b) GOALS.—The goals of the interagency from Exportation. personnel in identifying, handling, and docu- working group convened under subsection (a) (C) USE OF FINES COLLECTED.—Any amounts menting in a culturally sensitive manner Items are— collected by the Secretary as a civil penalty Requiring Export Certification for purposes of (1) to facilitate the repatriation to Indian under subparagraph (A)(ii)(I) or (B)— this Act. Tribes and Native Hawaiian organizations of (i) may be used by the Secretary— (C) CONSULTATION.—In developing or modi- items that have been illegally removed or traf- (I) for fines collected under subparagraph fying and delivering trainings under subpara- ficked in violation of applicable law; (A)(ii)(I), to process export certification applica- graphs (A) and (B), the applicable heads of Fed- (2) to protect tangible cultural heritage, cul- tions under this subsection; and eral agencies shall consult with Indian Tribes tural items, and archaeological resources still in (II) for fines collected under subparagraph and Native Hawaiian organizations. the possession of Indian Tribes and Native Ha- (B), to store and repatriate the Item Prohibited (c) AGREEMENTS TO REQUEST RETURN FROM waiian organizations; and from Exportation; FOREIGN COUNTRIES.—The President may re- (3) to improve the implementation by the ap- (ii) shall supplement (and not supplant) any quest from foreign nations agreements that plicable Federal agencies of— appropriations to the Secretary to carry out this specify concrete measures that the foreign na- (A) the Native American Graves Protection subsection; and tion will carry out— and Repatriation Act (25 U.S.C. 3001 et seq.) (in- (iii) shall not be covered into the Treasury as (1) to discourage commerce in, and collection cluding section 1170 of title 18, United States miscellaneous receipts. of, Items Prohibited from Exportation; Code, as added by that Act); (D) VOLUNTARY RETURN.— (2) to encourage the voluntary return of tan- (B) the Archaeological Resources Protection (i) IN GENERAL.—Any person who attempts to gible cultural heritage; and Act of 1979 (16 U.S.C. 470aa et seq.); and export or otherwise transport from the United (3) to expand the market for the products of (C) other relevant Federal laws. States an Item Requiring Export Certification Indian art and craftsmanship in accordance (c) RESPONSIBILITIES.—The interagency work- without first obtaining an export certification, with section 2 of the Act of August 27, 1935 (49 ing group convened under subsection (a) shall— but voluntarily returns the Item Requiring Ex- Stat. 891, chapter 748; 25 U.S.C. 305a) (com- (1) aid in implementation of this Act and the port Certification, or directs the Item Requiring monly known as the ‘‘Indian Arts and Crafts amendments made by this Act, including by aid- Export Certification to be returned, to the ap- Act’’). ing in— propriate Indian Tribe or Native Hawaiian or- SEC. 6. VOLUNTARY RETURN OF TANGIBLE CUL- (A) the voluntary return of tangible cultural ganization in accordance with section 6 prior to TURAL HERITAGE. heritage under section 6; and the commencement of an active Federal inves- (a) LIAISON.—The Secretary and the Secretary (B) halting international sales of items that tigation shall not be prosecuted for a violation of State shall each designate a liaison to facili- are prohibited from being trafficked under Fed- of subparagraph (A) with respect to the Item tate the voluntary return of tangible cultural eral law; and Requiring Export Certification. heritage. (2) collaborate with— (ii) ACTIONS NOT COMMENCING A FEDERAL IN- (b) TRAININGS AND WORKSHOPS.—The liaisons (A) the Native working group convened under VESTIGATION.—For purposes of clause (i), the designated under subsection (a) shall offer to section 8(a); following actions shall not be considered to be representatives of Indian Tribes and Native Ha- (B) the review committee established under actions that commence an active Federal inves- waiian organizations and collectors, dealers, section 8(a) of the Native American Graves Pro- tigation: and other individuals and organizations tection and Repatriation Act (25 U.S.C. 3006(a)); (I) The submission by the exporter of an ex- trainings and workshops regarding the vol- (C) the Cultural Heritage Coordinating Com- port certification application for the Item Re- untary return of tangible cultural heritage. mittee established pursuant to section 2 of the quiring Export Certification under paragraph (c) REFERRALS.— Protect and Preserve International Cultural (3)(A)(i). (1) IN GENERAL.—The Secretary shall refer in- Property Act (Public Law 114–151; 19 U.S.C. 2601 (II) The detention of the Item Requiring Ex- dividuals and organizations to 1 or more Indian note); and port Certification by the Secretary of Homeland Tribes and Native Hawaiian organizations with (D) any other relevant committees and work- Security, acting through the Commissioner of a cultural affiliation to tangible cultural herit- ing groups.

VerDate Sep 11 2014 06:04 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 6333 E:\CR\FM\A17DE6.017 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7586 CONGRESSIONAL RECORD — SENATE December 17, 2020 SEC. 8. NATIVE WORKING GROUP. in consultation with the Secretary of State, the The PRESIDING OFFICER. Is there (a) IN GENERAL.—The Secretary shall convene Secretary of Homeland Security, and the Attor- further debate? a Native working group consisting of not fewer ney General, and after consultation with Indian Hearing none, the question is on than 12 representatives of Indian Tribes and Tribes and Native Hawaiian organizations, agreeing to the motion. Native Hawaiian organizations with relevant shall promulgate rules and regulations to carry expertise, who shall be nominated by Indian out this Act. The motion was agreed to. Tribes and Native Hawaiian organizations, to (b) INCLUSION.—The regulations promulgated Mr. HEINRICH. I ask unanimous con- advise the Federal Government in accordance by the Secretary pursuant to subsection (a) sent that the motion to reconsider be with this section. shall include a reasonable deadline by which considered made and laid upon the (b) RECOMMENDATIONS.—The Native working the Secretary shall approve or deny an export table. group convened under subsection (a) may pro- certification application under section 5(b). vide recommendations regarding— The PRESIDING OFFICER. Without SEC. 11. AUTHORIZATION OF APPROPRIATIONS. objection, it is so ordered. (1) the voluntary return of tangible cultural There is authorized to be appropriated to heritage by collectors, dealers, and other indi- Mr. HEINRICH. I suggest the absence carry out this Act $3,000,000 for each of fiscal viduals and non-Federal organizations that years 2021 through 2026. of a quorum. hold such tangible cultural heritage; and The PRESIDING OFFICER. The Mr. HEINRICH. I further ask unani- (2) the elimination of illegal commerce of cul- clerk will call the roll. tural items and archaeological resources in the mous consent that the Heinrich amend- The legislative clerk proceeded to United States and foreign markets. ment to the committed-reported sub- call the roll. (c) REQUESTS.—The Native working group stitute amendment at the desk be con- Mr. BRAUN. Mr. President, I ask convened under subsection (a) may make formal sidered and agreed to and that the requests to initiate certain agency actions, in- unanimous consent that the order for committee-reported substitute amend- cluding requests that— the quorum call be rescinded. ment, as amended, be agreed to. (1) the Department of Justice initiate judicial The PRESIDING OFFICER. Without proceedings domestically or abroad to aid in the The PRESIDING OFFICER. Without objection, it is so ordered. repatriation cultural items and archaeological objection, it is so ordered. resources; and The amendment (No. 2712) was agreed f (2) the Department of State initiate dialogue to as follows: through diplomatic channels to aid in that repa- LEGISLATIVE SESSION triation. (Purpose: To modify certain penalties) (d) AGENCY AND COMMITTEE ASSISTANCE.— On page 28, strike lines 15 through 23 and (1) IN GENERAL.—On request by the Native insert the following: MORNING BUSINESS working group convened under subsection (a), SEC. 4. ENHANCED NAGPRA PENALTIES. Mr. BRAUN. Mr. President, I ask the agencies and committees described in para- Section 1170 of title 18, United States Code, unanimous consent that the Senate graph (2) shall make efforts to provide informa- is amended— tion and assistance to the Native working (1) by striking ‘‘5 years’’ each place it ap- proceed to legislative session and be in group. pears and inserting ‘‘10 years’’; and a period of morning business, with Sen- (2) DESCRIPTION OF AGENCIES AND COMMIT- (2) in subsection (a), by striking ‘‘12 ators permitted to speak therein for up TEES.—The agencies and committees referred to months’’ and inserting ‘‘1 year and 1 day’’. to 10 minutes each. in paragraph (1) are the following: The PRESIDING OFFICER. Without (A) The Department of the Interior. The committee-reported amendment (B) The Department of Justice. in the nature of a substitute, as amend- objection, it is so ordered. (C) The Department of Homeland Security. ed, was agreed to. f (D) The Department of State. The bill was ordered to be engrossed BICENTENNIAL OF LYNNVILLE, (E) The review committee established under for a third reading and was read the section 8(a) of the Native American Graves Pro- KENTUCKY tection and Repatriation Act (25 U.S.C. 3006(a)). third time. (F) The Cultural Heritage Coordinating Com- Mr. HEINRICH. I know of no further Mr. MCCONNELL. Mr. President, mittee established pursuant to section 2 of the debate on the bill, as amended. over the course of this year, dedicated Protect and Preserve International Cultural The PRESIDING OFFICER. Is there citizens in a small Jackson Purchase Property Act (Public Law 114–151; 19 U.S.C. 2601 further debate? community have poured through their note). If not, the bill having been read the hometown’s historical record. The bi- (G) Any other relevant Federal agency, com- third time, the question is, Shall the centennial of Lynnville, KY, was com- mittee, or working group. bill pass, as amended? ing, and they wanted to celebrate every (e) APPLICABILITY OF FEDERAL ADVISORY The bill (S. 2165), as amended, was COMMITTEE ACT.—The Federal Advisory Com- detail. Today, it is my privilege to join mittee Act (5 U.S.C. App.) shall not apply to the passed. these passionate Kentuckians in mark- Native working group convened under sub- Mr. HEINRICH. I ask unanimous con- ing 200 years of Bluegrass history and section (a). sent that the motion to reconsider be heritage. SEC. 9. TREATMENT UNDER FREEDOM OF INFOR- considered made and laid upon the Lynnville is no ordinary town. Near MATION ACT. table with no intervening action or de- the Tennessee border in Graves Coun- (a) IN GENERAL.—Except as provided in sub- bate. ty, this agricultural community has section (c), the following information shall be The PRESIDING OFFICER. Without survived all-consuming fires, dev- exempt from disclosure under section 552 of title objection, it is so ordered. 5, United States Code: astating tornadoes, and even the Black (1) Information that a representative of an In- f Patch Tobacco War. Through persever- dian Tribe or Native Hawaiian organization— ance and grit, Lynnville has certainly (A) submits to a Federal agency pursuant to INDIAN COMMUNITY ECONOMIC ENHANCEMENT ACT OF 2020 earned its nickname ‘‘The Little Town this Act or an amendment made by this Act; and That Won’t Die. (B) designates as sensitive or private accord- Mr. HEINRICH. Mr. President, as if For 200 years, stalwart Kentuckians ing to Native American custom, law, culture, or in legislative session, I ask that the religion. have overcome challenges, come to- (2) Information that any person submits to a Chair lay before the Senate the mes- gether to rebuild, and made Lynnville Federal agency pursuant to this Act or an sage to accompany S. 212. a wonderful place to live. I am proud of amendment made by this Act that relates to an The Presiding Officer laid before the their resilient spirit, and I look for- item for which an export certification is denied Senate the following message from the ward to this community’s bright fu- under this Act. House of Representatives: ture. (b) APPLICABILITY.—For purposes of sub- Resolved, That the bill from the Senate (S. section (a), this Act shall be considered a statute Unfortunately, the ongoing 212) entitled ‘‘An Act to amend the Native coronavirus pandemic canceled some described in section 552(b)(3)(B) of title 5, American Business Development, Trade Pro- United States Code. motion, and Tourism Act of 2000, the Buy In- aspects of Lynnville’s bicentennial (c) EXCEPTION.—An Indian Tribe or Native dian Act, and the Native American Programs celebrations, but the Kentucky Histor- Hawaiian organization may request and shall Act of 1974 to provide industry and economic ical Society joined the festivities with receive its own information, as described in sub- development opportunities to Indian commu- a special commemoration. They deliv- section (a), from the Federal agency to which nities.’’, do pass with an amendment. the Indian Tribe or Native Hawaiian organiza- ered a new historical marker to tion submitted the information. MOTION TO CONCUR Lynnville to detail this community’s SEC. 10. REGULATIONS. Mr. HEINRICH. I move to concur in rich heritage. It is a well-deserved trib- (a) IN GENERAL.—Not later than 1 year after the House amendment, and I know of ute. I am grateful to everyone who the date of enactment of this Act, the Secretary, no further debate on the motion. made the historical marker and this

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.017 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7587 year of celebration possible. On behalf an ongoing basis, that is effectively it has elevated and celebrated African- of the Senate, I share our congratula- offset by BSA penalties imposed in American voices while telling stories tions with every Lynnville family on these cases. Such funding will enable from their perspective. Today, Urban its 200 years of proud Kentucky his- the Secretary to provide, subject to One employs more than 1,500 people tory. available funds, substantial whistle- and reaches an estimated 82 percent of f blower awards based upon monetary African-Americans nationwide. penalties recovered in those whistle- This remarkable success is attrib- ANTI-MONEY LAUNDERING ACT OF blower cases. utable to the skillful and passionate 2020 It was always the intent of the con- leadership of Cathy Hughes. Not long Mr. CRAPO. Mr. President, before ferees that these awards to individual after Cathy started her radio career in joining with my colleagues in an im- whistleblowers are important and jus- her hometown of Omaha, NE, she found portant colloquy, concerning the Anti- tified and that they be substantial, herself lecturing at Howard Univer- Money Laundering Act of 2020, I want such that both a minimum and max- sity’s school of communications and to applaud Senator GRASSLEY’s tireless imum percentage of such monetary serving as general sales manager at the efforts that spanned years of bipartisan sanction was contemplated. In this university’s iconic radio station, work to establish the first whistle- case, it is the intent of the conferees, WHUR. Cathy started Radio One in 1980 blower reward program at the Depart- in addition to the conference report with the purchase of her flagship sta- ment of the Treasury’s Financial providing for the stated maximum 30 tion WOL–AM in Washington, DC, and Crimes Enforcement Network. percent award, to provide for a 10 served as its morning show host for 11 Mr. GRASSLEY. Mr. President, I would prcent minimum award, as both rea- years. As founder and chairwoman, like to thank Chairman CRAPO and sonable and sensible. Cathy has directed the successful ex- Ranking Member BROWN for their work Finally, it is the intent of the con- pansion of Radio One into new radio on the Anti-Money Laundering Act of ferees that no such award should be markets nationwide while generating 2020 division contained in this year’s made available to either employees of original content across the spectrum of NDAA conference report, including the the Treasury Department, the Depart- radio, television, and digital media. I important new whistleblower protec- ment of Justice, or covered law en- am proud to note that Baltimore was tions provided in the measure. These forcement agencies, if the original in- the first city into which Radio One ex- whistleblower protections that all formation that led to the successful en- panded. three of us agreed upon, were modelled forcement action is acquired acting in Urban One’s remarkable 40 years of after successful programs that were the normal course of their job duties. growth are all the more impressive created through the Dodd Frank Act We will work with Senator GRASSLEY given the obstacles that Cathy has for the Securities and Exchange Com- and with administration officials to overcome, not least the racism and mission and the Commodity’s and Ex- provide for robust minimum awards sexism she has encountered during her change Commission. One key feature which meet the 10 percent threshold groundbreaking career. In her initial that makes these programs successful wherever appropriate. We will work search for financing to buy the station is that whistleblowers are guaranteed a with the Senator in the next Congress that would become Radio One, 32 banks minimum of 10 percent in awards for to draft legislation that addresses the rejected Cathy’s bid. qualifying disclosures. These rewards important concerns he has raised. Cathy has steered her company suc- cost taxpayers nothing because they Does Senator BROWN agree? cessfully through the changes and chal- are paid from fines and other monies Mr. BROWN. I agree and agree to lenges in media markets over the collected as a result of the whistle- work with Chairman CRAPO and with years, most recently navigating the blower’s disclosures. To ensure whistle- his successor as Banking Committee impact of COVID–19. While Radio One blowers always receive the money chairman, with Senator GRASSLEY, and itself has been hurt by the pandemic, owed, both the SEC and CFTC, as well with appropriate administration offi- she chose to support her community by our original amendment to the NDAA, cials consistent with that intent. I providing free advertising to Black- created a special fund that would be share the desire to ensure that ade- owned businesses. filled by the fines collected and then quate funds are provided and agree Cathy’s philanthropic work rivals her used to pay whistleblower awards. With that the best way to do so is through exceptional business achievements. Of that, I will be happy to begin the col- the creation of a fund that is to be used note is her passion for education, dem- loquy. exclusively for the payment of whistle- onstrated by her strong support of the Chairman CRAPO, can you please de- blower awards. Such a fund should also Piney Woods School in Piney Woods, scribe your intent with respect to provide for awards of at least 10 per- MS. This school, which her grandfather changes made in the whistleblower pro- cent of the funds in cases covered by established in 1909, currently serves as visions in the conference agreement? the bill. I will work with Senator the largest of four African-American Mr. CRAPO. Certainly. The NDAA GRASSLEY to make clear that this is boarding schools in the county. Cathy conference agreement provides for our intent to administration officials. has been recognized for extraordinary whistleblower rewards with a 30 per- Mr. GRASSLEY. I thank both for contributions many times over the cent maximum of certain monies col- these clarifications of their intent. I years: National Association of Broad- lected in cases involving Bank Secrecy look forward to working with them to- casters Hall of Fame in 2019, the Act violations, but provides for no ex- ward these ends. Woman of the Year Award by 100 Black plicit minimum award requirement. f Men of America in 2018, the Ida B. The conferees agreed that updating Wells Living Legacy Award in 2011, and the Bank Secrecy Act’s whistleblower ADDITIONAL STATEMENTS the Essence Women Shaping the World incentives and protections was nec- Award in 2018. In 2019, Howard Univer- essary to protect individuals who pro- sity named its school of communica- vide original information which leads TRIBUTE TO CATHY HUGHES AND RECOGNIZING THE 40TH ANNI- tions after her. to any successful judicial or adminis- I ask the Senate to join me in recog- VERSARY OF URBAN ONE trative Bank Secrecy Act action nizing the extraordinary career of an brought by the Secretary of the Treas- ∑ Mr. CARDIN. Mr. President, I rise extraordinary woman, Cathy Hughes, ury or Attorney General and results in today to ask the Senate to join me in on the 40th anniversary of Urban One.∑ monetary sanctions exceeding recognizing my constituent and friend f $1,000,000. Cathy Hughes on the 40th anniversary To accomplish this and to avoid any of Urban One, Inc., formerly known as TRIBUTE TO EMILE OESTRIECHER direct spending complications, our in- Radio One. Urban One, headquartered ∑ Mr. CASSIDY. Mr. President, Mr. tention is to authorize necessary re- in Montgomery County, MD, is Amer- Emile Oestriecher, known in the Scout- sources and work with appropriators ica’s largest broadcast company pri- ing community as ‘‘Mr. O,’’ has served and the administration to ensure that marily focused on African-American the community of Alexandria as Boy necessary funding be made available on consumers. Over the last four decades, Scout scoutmaster for almost 50 years.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.049 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7588 CONGRESSIONAL RECORD — SENATE December 17, 2020 Troop 6, sponsored by St. Frances carryout services. Brendan served on S. 2472. An act to redesignate the NASA Cabrini Church, has been in existence the Port Orange South Daytona Cham- John H. Glenn Research Center at Plum since 1967. When Mr. O became. scout- ber of Commerce/City of Port Orange Brook Station, Ohio, as the NASA John H. Glenn Research Center at the Neil A. Arm- master, it had about 12 Scouts; today Reopening Task Force, working with strong Test Facility. that number is between 60 and 70. Mr. local business owners, civic leaders, The message further announced that O, the founding partner in the Alexan- and public health experts. Together, the House has agreed to the amend- dria CPA firm Oestriecher & Company, they designed and implemented the ment of the Senate to the bill (H.R. CPAs, has received the Distinguished Port Orange Phase One Reopening 7105) to provide flexibility for the Sec- Public Service Award by the Louisiana Plan, enabling their community to re- retary of Veterans Affairs in caring for CPA Society and the American Insti- open safely. Additionally, Aunt homeless veterans during a covered tute of Certified Public Accountants. Catfish’s on the River participated in public health emergency, to direct the He has been honored with many awards the chamber’s ‘‘I Am, I Go, I Support Secretary of Veterans Affairs to carry from the Scouting community as well Local’’ campaign to support local busi- out a retraining assistance program for as other local organizations. Mr. O has nesses. unemployed veterans, and for other led trips to destinations like Philmont Like many Florida small businesses, purposes. Scout Ranch and Canada Canoe trips, Aunt Catfish’s on the River experi- The message also announced that the as well as taught other adult leaders enced a sharp drop in revenue due to House has passed the following bill, across the Nation and represented the the coronavirus pandemic. In April with amendments, in which it requests area at four national Scout jamborees. 2020, the U.S. Small Business Adminis- the concurrence of the Senate: Now, his oldest scouts are in their 60s, tration launched the Paycheck Protec- S. 1694. An act to require any Federal agen- but he is still there as scoutmaster. He tion Program, a small business relief cy that issues licenses to conduct lunar ac- has several ‘‘grandscouts,’’ whose fa- program that I was proud to author. tivities to include in the requirements for thers were members of troop 6 under The PPP provides forgivable loans to such licenses an agreement relating to the him, and one ‘‘great-grandscout,’’ who impacted small businesses and non- preservation and protection of the Apollo 11 landing site, and for other purposes. shared the same scoutmaster as his profits who maintain their payroll dur- grandfather. Troop 6 has had over 160 ing the COVID–19 pandemic. Aunt The message further announced that Eagle Scouts during his tenure scout- Catfish’s on the River used their PPP the House has passed the following bill, with amendments, in which it requests master and six of his Scouts have been loan to keep their employees paid, the concurrence of the Senate: ordained as Catholic priests. He cer- while maintaining the highest health tainly lives the Scout Law every day and safety standards for their cus- S. 2174. An act to expand the grants au- thorized under Jennifer’s Law and Kristen’s and epitomizes the troop 6 motto tomers. Act to include processing of unidentified re- ‘‘Optimus Optimorum’’—Best of the Aunt Catfish’s on the River is a nota- mains, resolving missing persons cases, and Best. We thank Mr. O for his dedication ble example of the endurance and resil- for other purposes. to being scoutmaster and being a good ience of family-owned small businesses. The message also announced that the influence on so many young men in his Through their advocacy and service, House has agreed to the following con- community.∑ Aunt Catfish’s on the River has current resolution, with an amend- f strengthened their local small business ment, in which it requests the concur- community. Congratulations to RECOGNIZING AUNT CATFISH’S ON rence of the Senate: Brendan and the entire team at Aunt THE RIVER S. Con. Res. 52. Concurrent resolution to Catfish’s on the River. I look forward correct the enrollment of S. 3312. ∑ Mr. RUBIO. Mr. President, as chair- to watching your continued growth and f man of the Committee on Small Busi- success.∑ ness and Entrepreneurship, each week I EXECUTIVE AND OTHER f recognize a small business that exem- COMMUNICATIONS plifies the American entrepreneurial MESSAGES FROM THE PRESIDENT The following communications were spirit that drives our economy. It is Messages from the President of the laid before the Senate, together with my privilege to recognize a family- United States were communicated to accompanying papers, reports, and doc- owned small business committed to in- the Senate by Ms. Roberts, one of his uments, and were referred as indicated: vesting in its community. This week, it secretaries. EC–6159. A communication from the Attor- is my pleasure to honor Aunt Catfish’s ney, Office of the General Counsel, Consumer on the River, of Port Orange, FL, as f Product Safety Commission, transmitting, the Senate Small Business of the Week. EXECUTIVE MESSAGES REFERRED pursuant to law, the report of a rule entitled A long-time resident of Port Orange, ‘‘Safety Standard for Hand-Held Infant Car- In executive session the Presiding Of- riers’’ (16 CFR Part 1225) received in the Of- Jim followed in the Galbreath family ficer laid before the Senate messages fice of the President of the Senate on Decem- tradition of entrepreneurship. His from the President of the United ber 14, 2020; to the Committee on Commerce, mother, Ann Galbreath, founded and States submitting sundry nominations Science, and Transportation. EC–6160. A communication from the Attor- ran a restaurant called Marko’s Drive- and a withdrawal which were referred In in the 1950s. After it closed briefly, ney Adviser, Federal Railroad Administra- to the appropriate committees. tion, Department of Transportation, trans- Jim bought Marko’s and reopened it. (The messages received today are Building on his experience, Jim used an mitting, pursuant to law, the report of a rule printed at the end of the Senate entitled ‘‘Qualification and Certification of old fishing dock to open a new res- proceedings.) Locomotive Engineers; Miscellaneous Revi- taurant in 1979, Aunt Catfish’s on the sions’’ (RIN2130–AC40) received in the Office River. f of the President of the Senate on December More than 40 years later, Aunt MESSAGE FROM THE HOUSE 16, 2020; to the Committee on Commerce, Catfish’s on the River is still family- Science, and Transportation. owned and operated. Jim’s son, At 11:05 a.m., a message from the EC–6161. A communication from the Attor- Brendan Galbreath, who started as a House of Representatives, delivered by ney Adviser, Federal Railroad Administra- Mr. Novotny, one of its reading clerks, tion, Department of Transportation, trans- teenager, took the helm, keeping the mitting, pursuant to law, the report of a rule business in the family. Under his lead- announced that the House has passed the following bills, without amend- entitled ‘‘Revision of Method for Calculating ership, Aunt Catfish’s has stayed true Monetary Threshold for Reporting Rail ment: to its reputation for outstanding serv- Equipment Accidents/Incidents’’ (RIN2130– ice and delicious cuisine. S. 2216. An act to require the Secretary of AC49) received in the Office of the President The Galbreath family’s focus on Veterans Affairs to formally recognize care- of the Senate on December 16, 2020; to the building strong relationships with givers of veterans, notify veterans and care- Committee on Commerce, Science, and givers of clinical determinations relating to Transportation. their community is a key part of their eligibility for the family caregiver program, EC–6162. A communication from the Attor- success. During the coronavirus pan- and temporarily extend benefits for veterans ney Adviser, Federal Railroad Administra- demic, Aunt Catfish’s opened a drive- who are determined ineligible for the family tion, Department of Transportation, trans- through operation and expanded its caregiver program, and for other purposes. mitting, pursuant to law, the report of a rule

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.010 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7589 entitled ‘‘State Highway-Rail Grade Crossing such actions as are necessary to fully fund Coronavirus Aid, Relief, and Economic Secu- Action Plans’’ (RIN2130–AC72) received in the the Livestock Indemnity Program in re- rity (CARES) Act; and Office of the President of the Senate on De- sponse to the negative impact created by Whereas, measures designed to protect the cember 16, 2020; to the Committee on Com- losses to the Louisiana livestock industry as health and safety of Louisiana’s populace merce, Science, and Transportation. a result of Hurricane Laura and Hurricane from the COVID–19 virus have also had a EC–6163. A communication from the Direc- Delta; to the Committee on Agriculture, Nu- negative impact on the economic fortunes of tor of the Bureau of Consumer Financial trition, and Forestry. many of those same citizens through lost or Protection, transmitting, pursuant to law, HOUSE CONCURRENT RESOLUTION NO. 24 reduced income from closures, capacity re- the report of a rule entitled ‘‘Truth in Lend- Whereas, Hurricane Laura made landfall strictions, and other public health measures; ing (Regulation Z); Earned Wage Access Pro- along the coast of Louisiana on August 27, and Whereas, the cost of this highly infectious grams’’ (12 CFR Part 1026) received in the Of- 2020, as a category four storm, becoming the pandemic to Louisiana businesses, citizens, fice of the President of the Senate on Decem- strongest storm in Louisiana history and and local and state government continues to ber 16, 2020; to the Committee on Banking, causing an estimated ten billion dollars in rise; and Housing, and Urban Affairs. damage from the southwestern to the north- Whereas, the unprecedented number of un- EC–6164. A communication from the Pro- ern part of the state; and gram Specialist, Office of the Comptroller of Whereas, Hurricane Laura created an esti- employment insurance claims due to COVID– the Currency, Department of the Treasury, mated one billion six hundred million dollar 19 has drained the state’s previously robust transmitting , pursuant to law, the report of loss to the Louisiana agriculture industry, unemployment insurance trust fund; and Whereas, local revenue collections have a rule entitled ‘‘Appraisals for Higher-Priced including a loss of one million eight hundred plummeted as economic activity has slowed, Mortgage Loans Exemption Threshold’’ thousand dollars to the livestock sector and as a result, local governments are strug- (RIN1557–AF04) received in the Office of the alone; and President of the Senate on December 16, 2020; Whereas, an estimated one hundred one gling to provide crucial services; and to the Committee on Banking, Housing, and thousand poultry, one hundred thirty cattle, Whereas, already made vulnerable by lost Urban Affairs. and a dozen horses died as a direct result of jobs or decreased income from the COVID–19 EC–6165. A communication from the Pro- the storm and the extreme health and insect pandemic, many Louisiana citizens face the gram Specialist, Office of the Comptroller of conditions that followed; and prospect of housing insecurity as they strug- the Currency, Department of the Treasury, Whereas, Louisiana was hit directly by gle to provide a safe and secure place for transmitting , pursuant to law, the report of Hurricane Delta on October 9, 2020, causing themselves and their families to live while a rule entitled ‘‘Licensing Amendments’’ more catastrophic damage to many of the also maintaining basic services such as (RIN1557–AE71) received in the Office of the same areas of the state as Hurricane Laura; water, electricity, and food; and President of the Senate on December 16, 2020; and Whereas, the federal government provided to the Committee on Banking, Housing, and Whereas, Hurricane Delta likely created unemployment and housing assistance in its Urban Affairs. numerous additional losses to the Louisiana last COVID stimulus package, but there is a EC–6166. A communication from the Direc- agriculture industry, including livestock, great need for further economic relief. tor of the Legal Processing Division, Inter- the extent of which will only be known after Therefore, be it nal Revenue Service, Department of the surveys and research of the industry can be Resolved, That the Legislature of Louisiana Treasury , transmitting, pursuant to law, conducted; and does hereby memorialize the United States the report of a rule entitled ‘‘Statutory Lim- Whereas, the 2014 Farm Bill authorized the Congress to take such actions as are nec- itations on Like-Kind Exchanges’’ (RIN1545– Livestock Indemnity Program, within the essary to pass a stimulus plan that includes BP02) received in the Office of the President United States Department of Agriculture, to funds for unemployment, housing, local gov- of the Senate on December 16, 2020; to the provide benefits to eligible livestock owners ernment, struggling businesses, education, Committee on Finance. or contract growers for livestock deaths in and health care; and be it further EC–6167. A communication from the Sec- excess of normal mortality caused by eligi- Resolved, That a copy of this Resolution be retary of Transportation, transmitting, pur- ble loss conditions, including adverse weath- transmitted to the presiding officers of the suant to law, the Department’s Semiannual er, disease, and attacks; and Senate and the House of Representatives of Report of the Office of Inspector General for Whereas, the ne- the Congress of the United States of America the period from April 1, 2020 through Sep- glected to fund the Livestock Indemnity and to each member of the Louisiana con- tember 30, 2020; to the Committee on Home- Program properly, creating a situation gressional delegation. land Security and Governmental Affairs. where Louisiana livestock producers are un- f EC–6168. A communication from the Chair- able to utilize the program at a time when it REPORTS OF COMMITTEES man of the U.S. Election Assistance Commis- is needed most to offset losses created by sion, transmitting, pursuant to law, the Hurricane Laura and Hurricane Delta. The following reports of committees Commission’s Semiannual Report of the In- Therefore, be it were submitted: spector General for the period from April 1, Resolved, That the Legislature of Louisiana By Mr. LEE, from the Joint Economic 2020 through September 30, 2020; to the Com- does hereby memorialize the United States Committee: mittee on Homeland Security and Govern- Congress and the Louisiana congressional Special Report entitled ‘‘The 2020 Joint mental Affairs. delegation to take such actions as are nec- Economic Report’’ (Rept. No. 116–335). EC–6169. A communication from the Attor- essary to fully fund the Livestock Indemnity By Ms. COLLINS, from the Special Com- ney Advisor, Executive Office for Immigra- Program in response to the negative impact mittee on Aging: tion Review, Department of Justice, trans- created by losses to the Louisiana livestock Special Report entitled ‘‘A Record of Bi- mitting, pursuant to law, the report of a rule industry as a result of Hurricane Laura and partisan Policymaking in Support of Older entitled ‘‘Procedures for Asylum and With- Hurricane Delta; and be it further Americans’’ (Rept. No. 116–336). holding of Removal; Credible Fear and Rea- Resolved, That a copy of this Resolution be f sonable Fear Review’’ (RIN1125–AA94) re- transmitted to the presiding officers of the ceived in the Office of the President of the Senate and the House of Representatives of INTRODUCTION OF BILLS AND Senate on December 16, 2020; to the Com- the Congress of the United States of America JOINT RESOLUTIONS mittee on the Judiciary. and to each member of the Louisiana con- EC–6170. A communication from the Agen- gressional delegation. The following bills and joint resolu- cy Representative, Patent and Trademark tions were introduced, read the first Office, Department of Commerce, transmit- POM–267. A concurrent resolution adopted and second times by unanimous con- ting, pursuant to law, the report of a rule en- by the Legislature of the State of Louisiana sent, and referred as indicated: titled ‘‘Trademark Fee Adjustment’’ urging the United States Congress to take By Mr. CARDIN: (RIN0651–AD42) received in the Office of the such actions as are necessary to pass a stim- S. 5040. A bill to require the Secretary of President of the Senate on December 16, 2020; ulus plan that includes funds for unemploy- State to submit to Congress a strategy of the to the Committee on the Judiciary. ment, housing, local government, struggling Department of State and the United States businesses, education, and health care; to f Agency for International Development to ad- the Committee on Finance. dress the global climate change crisis, im- PETITIONS AND MEMORIALS HOUSE CONCURRENT RESOLUTION NO. 30 prove the energy and resource efficiency of The following petitions and memo- Whereas, since surging around the globe the Department, and for other purposes; to rials were laid before the Senate and into a worldwide pandemic earlier this year, the Committee on Foreign Relations. the COVID–19 virus has taken an enormous By Mrs. FEINSTEIN (for herself and were referred or ordered to lie on the economic and human toll across countries Ms. CORTEZ MASTO): table as indicated: and continents, crippling heretofore healthy S. 5041. A bill to establish the Advisory POM–266. A concurrent resolution adopted citizens and industries; and Committee on Climate Risk on the Financial by the Legislature of the State of Louisiana Whereas, to help states with costs for Stability Oversight Council; to the Com- urging the United States Congress and the COVID–19 mitigation and response measures, mittee on Banking, Housing, and Urban Af- Louisiana congressional delegation to take the United States Congress passed the fairs.

VerDate Sep 11 2014 08:48 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.035 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7590 CONGRESSIONAL RECORD — SENATE December 17, 2020 By Mr. WYDEN: By Mr. MERKLEY (for himself and Mr. S. Res. 804. A resolution expressing the S. 5042. A bill to amend the Ethics in Gov- SASSE): sense of the Senate that the United States ernment Act of 1978 to require high-ranking S. 5054. A bill to prevent the uploading of should initiate negotiations to enter into a officers to provide adequate disclosure of pornographic images to online platforms free trade agreement with Taiwan; to the debts; to the Committee on Homeland Secu- without the consent of the individuals in the Committee on Finance. rity and Governmental Affairs. images; to the Committee on Commerce, By Mr. BLUNT: By Ms. SINEMA (for Mrs. FISCHER Science, and Transportation. S. Res. 805. A resolution providing for staff (for herself and Ms. SINEMA)): By Ms. CORTEZ MASTO: transition for a Senator if the results of the S. 5043. A bill to require the Federal Trade S. 5055. A bill to protect immigrant fami- election for an additional term of office of Commission and the Secretary of Commerce lies, combat fraud, promote citizenship, and the Senator have not been certified; consid- to conduct studies and submit reports on the build community trust, and for other pur- ered and agreed to. impact of artificial intelligence and other poses; to the Committee on the Judiciary. f technologies on United States businesses By Mr. MERKLEY: conducting interstate commerce, and for S. 5056. A bill to require the Administrator ADDITIONAL COSPONSORS other purposes; to the Committee on Com- of the National Oceanic and Atmospheric Ad- S. 695 merce, Science, and Transportation. ministration to provide for ocean-based cli- By Mr. BROWN (for himself and Mr. mate solutions to reduce carbon emissions At the request of Mr. SASSE, the THUNE): and global warming, to make coastal com- name of the Senator from Louisiana S. 5044. A bill to amend title XVIII of the munities more resilient, and to provide for (Mr. KENNEDY) was added as a cospon- Social Security Act to establish require- the conservation and restoration of ocean sor of S. 695, a bill to amend the Ele- ments with respect to the use of prior au- and coastal habitats, biodiversity, and ma- mentary and Secondary Education Act thorization under Medicare Advantage plans, rine mammal and fish populations, and for and for other purposes; to the Committee on of 1965 to allow parents of eligible mili- other purposes; to the Committee on Com- tary dependent children to establish Finance. merce, Science, and Transportation. By Mr. GRASSLEY (for himself and By Mr. PAUL: Military Education Savings Accounts, Mr. ALEXANDER): S. 5057. A bill to permit voluntary eco- and for other purposes. S. 5045. A bill to amend the Internal Rev- nomic activity; to the Committee on the Ju- S. 776 enue Code of 1986 and the Employee Retire- diciary. At the request of Mr. KELLY, his ment Income Security Act of 1974 to reform By Mr. PAUL: the treatment of multiemployer plans, to en- name was added as a cosponsor of S. S. 5058. A bill to repeal the limitations on 776, a bill to amend the Radiation Ex- sure the ability of the Pension Benefit Guar- multiple ownership of radio and television anty Corporation to provide guaranteed ben- stations imposed by the Federal Communica- posure Compensation Act for purposes efits of retirees, and for other purposes; to tions Commission, to prohibit the Federal of making claims under such Act based the Committee on Finance. Communications Commission from limiting on exposure to atmospheric nuclear By Mr. BARRASSO (for Mrs. FISCH- common ownership of daily newspapers and testing, and for other purposes. ER): full-power broadcast stations, and for other S. 5046. A bill to amend the Consolidated S. 883 purposes; to the Committee on the Judici- At the request of Mr. KELLY, his Farm and Rural Development Act to author- ary. ize the contracting of functions under the name was added as a cosponsor of S. By Mr. MURPHY: Rural Business Investment Program, and for S. 5059. A bill to amend chapter 22 of title 883, a bill to provide for the other purposes; to the Committee on Agri- 44, United States Code, to ensure Presi- unencumbering of title to non-Federal culture, Nutrition, and Forestry. dential records are preserved, duly created land owned by Win Oil Company, Inc., By Mr. CASEY (for himself and Ms. when non-official electronic messaging ac- for purposes of economic development ERNST): counts are used, and made available to the S. 5047. A bill to require automatic sealing by removing the Federal reversionary public and the next administration in a of certain criminal records, and for other interest in the land, and for other pur- timely fashion to advance national security purposes; to the Committee on the Judici- poses. and accountability, and for other purposes; ary. to the Committee on Homeland Security and S. 1783 By Mr. CASEY (for himself, Mr. Governmental Affairs. At the request of Mr. KELLY, his BROWN, and Mr. MANCHIN): S. 5048. A bill to improve compliance with By Mr. MURPHY: name was added as a cosponsor of S. mine safety and health laws, empower min- S. 5060. A bill to provide for the establish- 1783, a bill to establish responsibility ers to raise safety concerns, and prevent fu- ment of the Office for Access to Justice in for the International Outfall Inter- ture mine tragedies, and for other purposes; the Department of Justice, and for other ceptor. purposes; to the Committee on the Judici- to the Committee on Health, Education, S. 1849 Labor, and Pensions. ary. At the request of Mr. KELLY, his By Mr. CASEY: By Ms. KLOBUCHAR (for herself and S. 5049. A bill to require reviews of United Mr. KAINE): name was added as a cosponsor of S. States investment in foreign countries that S. 5061. A bill to authorize a grant program 1849, a bill to provide flexibility and may threaten national critical capabilities for the development and implementation of improve the effectiveness of the Four and to improve the use of authorities under housing supply and affordability plans, and Forests Restoration Initiative in the the Defense Production Act of 1950, and for for other purposes; to the Committee on State of Arizona. other purposes; to the Committee on Bank- Banking, Housing, and Urban Affairs. S. 2006 ing, Housing, and Urban Affairs. By Mr. BOOKER (for himself, Mr. By Ms. KLOBUCHAR (for herself and BLUMENTHAL, Mrs. GILLIBRAND, and At the request of Mr. MENENDEZ, the Ms. ERNST): Mr. SCHATZ): name of the Senator from Hawaii (Ms. S. 5050. A bill to amend the Farm Security S. 5062. A bill to protect the rights of col- HIRONO) was added as a cosponsor of S. and Rural Investment Act of 2002 to provide lege athletes and to establish the Commis- 2006, a bill to amend title 18, United grants for deployment of renewable fuel in- sion on College Athletics, and for other pur- States Code, to prohibit certain con- poses; to the Committee on the Judiciary. frastructure, and for other purposes; to the duct relating to the use of horses for Committee on Energy and Natural Re- f human consumption. sources. By Mr. CRAPO (for himself, Mr. BEN- SUBMISSION OF CONCURRENT AND S. 2044 NET, Mr. SCOTT of South Carolina, SENATE RESOLUTIONS At the request of Mr. KELLY, his and Mr. CARDIN): The following concurrent resolutions name was added as a cosponsor of S. S. 5051. A bill to amend title XVIII of the and Senate resolutions were read, and 2044, a bill to amend the Omnibus Pub- Social Security Act to provide for Medicare referred (or acted upon), as indicated: lic Land Management Act of 2009 to es- coverage of multi-cancer early detection tablish an Aging Infrastructure Ac- screening tests; to the Committee on Fi- By Mr. TOOMEY (for himself, Mr. COT- nance. TON, Mr. LANKFORD, Mr. CRAMER, Mr. count, to amend the Reclamation Safe- By Mr. COONS: HOEVEN, Mr. YOUNG, Mrs. HYDE- ty of Dams Act of 1978 to provide addi- S. 5052. A bill to increase fairness and SMITH, Mr. SASSE, Mr. CORNYN, Mrs. tional funds under that Act, to estab- transparency in algorithmic eligibility de- BLACKBURN, Mr. BOOZMAN, Mr. lish a review of flood control rule terminations; to the Committee on Com- WICKER, Mr. RUBIO, Mr. TILLIS, Mr. curves pilot project within the Bureau merce, Science, and Transportation. JOHNSON, Mr. CRUZ, Mr. INHOFE, Mr. of Reclamation, and for other purposes. By Mr. BLUMENTHAL: KENNEDY, Mrs. FISCHER, Mr. BRAUN, S. 5053. A bill to improve the management Mr. SCOTT of South Carolina, Mr. S. 2365 of forage fish; to the Committee on Com- ROUNDS, Mr. DAINES, Mr. BARRASSO, At the request of Mr. UDALL, the merce, Science, and Transportation. Mrs. CAPITO, and Mr. LEE): name of the Senator from Arizona (Mr.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.026 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7591 KELLY) was added as a cosponsor of S. National Park in the State of Arizona KELLY) was added as a cosponsor of S. 2365, a bill to amend the Indian Health as a unit of the National Park System, 4258, a bill to establish a grant program Care Improvement Act to authorize and for other purposes. for small live venue operators and tal- urban Indian organizations to enter S. 3156 ent representatives. into arrangements for the sharing of At the request of Mr. KELLY, his S. 4461 medical services and facilities, and for name was added as a cosponsor of S. At the request of Mr. LANKFORD, the other purposes. 3156, a bill to authorize the Secretary name of the Senator from Iowa (Ms. S. 2390 of the Interior to establish the January ERNST) was added as a cosponsor of S. At the request of Mr. DURBIN, the 8th National Memorial in Tucson, Ari- 4461, a bill to provide for a period of name of the Senator from Minnesota zona, as an affiliated area of the Na- continuing appropriations in the event (Ms. SMITH) was added as a cosponsor tional Park System, and for other pur- of a lapse in appropriations under the of S. 2390, a bill to prohibit the imposi- poses. normal appropriations process, and es- tion of the death penalty for any viola- S. 3353 tablish procedures and consequences in tion of Federal law, and for other pur- At the request of Mr. CASSIDY, the the event of a failure to enact appro- poses. name of the Senator from Texas (Mr. priations. CORNYN) was added as a cosponsor of S. S. 2419 S. 4486 3353, a bill to amend title XVIII of the At the request of Mr. KELLY, his At the request of Ms. SMITH, the Social Security Act to provide for ex- name was added as a cosponsor of S. names of the Senator from Oregon (Mr. tended months of Medicare coverage of 2419, a bill to provide for the convey- MERKLEY) and the Senator from Michi- immunosuppressive drugs for kidney ance of a small parcel of Coconino Na- gan (Ms. STABENOW) were added as co- transplant patients, and for other pur- tional Forest land in the State of Ari- sponsors of S. 4486, a bill to establish poses. zona. an interactive online dashboard to S. 3471 S. 2666 allow the public to review information At the request of Mr. RUBIO, the At the request of Mr. KELLY, his for Federal grant funding related to name of the Senator from Minnesota mental health programs. name was added as a cosponsor of S. (Ms. SMITH) was added as a cosponsor S. 4569 2666, a bill to promote the development of S. 3471, a bill to ensure that goods At the request of Mr. KELLY, his of renewable energy on public land, and made with forced labor in the Xinjiang for other purposes. name was added as a cosponsor of S. Uyghur Autonomous Region of the 4569, a bill to modify the boundary of S. 2795 People’s Republic of China do not enter the Sunset Crater Volcano National At the request of Mr. KELLY, his the United States market, and for Monument in the State of Arizona, and name was added as a cosponsor of S. other purposes. for other purposes. 2795, a bill to designate the commu- S. 3657 S. 4757 nity-based outpatient clinic of the De- At the request of Mr. CASEY, the At the request of Mr. DURBIN, the partment of Veterans Affairs in Gil- names of the Senator from Ohio (Mr. names of the Senator from Rhode Is- bert, Arizona, as the ‘‘Staff Sergeant BROWN), the Senator from (Ms. land (Mr. REED), the Senator from Or- Alexander W. Conrad Veterans Affairs ROSEN), the Senator from New York egon (Mr. MERKLEY) and the Senator Health Care Clinic’’. (Mrs. GILLIBRAND), the Senator from from California (Ms. HARRIS) were S. 2898 New Hampshire (Mrs. SHAHEEN), the added as cosponsors of S. 4757, a bill to At the request of Mr. INHOFE, the Senator from Wisconsin (Ms. BALDWIN) amend the Animal Welfare Act to es- name of the Senator from Arizona (Mr. and the Senator from Iowa (Mr. GRASS- tablish additional requirements for KELLY) was added as a cosponsor of S. LEY) were added as cosponsors of S. dealers, and for other purposes. 2898, a bill to amend title 5, United 3657, a bill to provide for the coverage States Code, to provide for a full annu- of medically necessary food and vita- S. 4922 ity supplement for certain air traffic mins and individual amino acids for di- At the request of Ms. SINEMA, the controllers. gestive and inherited metabolic dis- name of the Senator from North Da- kota (Mr. CRAMER) was added as a co- S. 2912 orders under Federal health programs sponsor of S. 4922, a bill to expand and At the request of Mr. KELLY, his and private health insurance, and for enhance programs and activities of the name was added as a cosponsor of S. other purposes. Department of Defense for prevention 2912, a bill to direct the Secretary of S. 3763 of and response to domestic violence the Interior to take certain land lo- At the request of Mr. CASEY, the and child abuse and neglect among cated in Pinal County, Arizona, into name of the Senator from Ohio (Mr. military families, and for other pur- trust for the benefit of the Gila River BROWN) was added as a cosponsor of S. poses. Indian Community, and for other pur- 3763, a bill to establish the Pandemic S. 4949 poses. Responder Service Award program to express our gratitude to front-line At the request of Mr. TOOMEY, the S. 3022 health care workers. names of the Senator from New Jersey At the request of Mr. KELLY, his (Mr. MENENDEZ), the Senator from Ari- name was added as a cosponsor of S. S. 4012 At the request of Mr. WICKER, the zona (Ms. SINEMA) and the Senator 3022, a bill to establish a pilot program name of the Senator from Arizona (Mr. from Wisconsin (Ms. BALDWIN) were waiving the Form I–94 document KELLY) was added as a cosponsor of S. added as cosponsors of S. 4949, a bill to issuance requirement for certain Mexi- 4012, a bill to establish a $120,000,000,000 require the Secretary of Health of can nationals. Restaurant Revitalization Fund to pro- Human Services to publish guidance S. 3119 vide structured relief to food service or for States on strategies for maternal At the request of Mr. KELLY, his drinking establishments through De- care providers participating in the name was added as a cosponsor of S. cember 31, 2020, and for other purposes. Medicaid program to reduce maternal 3119, a bill to modify the boundary of S. 4152 mortality and severe morbidity with the Casa Grande Ruins National Monu- At the request of Mr. HOEVEN, the respect to individuals receiving med- ment, and for other purposes. name of the Senator from Arizona (Mr. ical assistance under such program. S. 3120 KELLY) was added as a cosponsor of S. S. 5019 At the request of Mr. KELLY, his 4152, a bill to provide for the adjust- At the request of Mr. DAINES, the name was added as a cosponsor of S. ment or modification by the Secretary names of the Senator from Kansas (Mr. 3120, a bill to reauthorize the Yuma of Agriculture of loans for critical ROBERTS) and the Senator from Mon- Crossing National Heritage Area. rural utility service providers, and for tana (Mr. TESTER) were added as co- S. 3121 other purposes. sponsors of S. 5019, a bill to amend the At the request of Mr. KELLY, his S. 4258 Internal Revenue Code of 1986 to limit name was added as a cosponsor of S. At the request of Mr. CORNYN, the the charitable deduction for certain 3121, a bill to establish the Chiricahua name of the Senator from Arizona (Mr. qualified conservation contributions.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.028 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7592 CONGRESSIONAL RECORD — SENATE December 17, 2020 S. RES. 798 This committee would assist FSOC in make significant changes, in the end, At the request of Mr. RISCH, the publishing a report that assesses the we weren’t able to find a compromise names of the Senator from Maryland ability of the U.S. financial regulatory that satisfied our respective principles (Mr. VAN HOLLEN), the Senator from system to mitigate climate financial and objectives for resolving this situa- Virginia (Mr. WARNER) and the Senator risk and makes recommendations for tion. from Delaware (Mr. COONS) were added improving its ability to do so. Here is the hang up—time. Now at as cosponsors of S. Res. 798, a resolu- Second, the bill would require each the end of the session, with the end-of- tion calling on the Government of Federal bank and credit union regu- the-year agenda and adjournment of Ethiopia and the Tigray People’s Lib- latory agency to update its supervisory the Congress, we just ran out of time. eration Front to cease all hostilities, guidance to include climate financial So in the midst of yearend appropria- protect the human rights of all Ethio- risk, and to develop a strategy to iden- tions and COVID relief negotiations, pians, and pursue a peaceful resolution tify and mitigate climate financial there simply wasn’t enough time to of the conflict in the Tigray region of risk. reconcile our differences on how to fix Ethiopia. Third, the bill would require FSOC to this failing system. My hope had been to use the last 8 f specify how it will take climate finan- cial risk into account when making de- months to negotiate a solution in a STATEMENTS ON INTRODUCED cisions on whether to subject nonbank thoughtful and measured manner, in- BILLS AND JOINT RESOLUTION financial firms to additional oversight stead of like now, in the heat of a com- plex yearend bill. But sadly, those 8 By Mrs. FEINSTEIN (for herself by the Federal Reserve Board. Fourth, the bill would mandate a re- months didn’t produce results. and Ms. CORTEZ MASTO): From the beginning, we have agreed S. 5041. A bill to establish the Advi- port from the Federal Insurance Office on how to modernize and improve the that Federal funds will be needed to sory Committee on Climate Risk on solve the crisis in the short term—yes, the Financial Stability Oversight regulation of climate financial risk in- surance regulation in the United money from the Treasury for pension Council; to the Committee on Banking, plans that are in trouble now. But we Housing, and Urban Affairs. States. Finally, the bill would express the have been equally that re- Ms. FEINSTEIN. Mr. President, I rise forms are essential to ensure the sys- to speak in support of the ‘‘Addressing sense of Congress that climate change is a global problem, and that U.S. fi- tem can be self-sustaining in the long Climate Financial Risk Act,’’ which I term. So we were trying to find a introduced today. nancial regulators should join inter- national organizations focused on ad- short-term solution that would involve BACKGROUND dressing climate financial risk and the injection of Federal dollars, but we The average global temperature has work with financial regulators in other wanted a long-term solution that increased by over 3 degrees Fahrenheit countries to the extent possible and would make sure that private pension in parts of my home State of California consistent with U.S. law. plans were self-sustaining and not rely- over the last century, and 2020 is on ing upon the Federal Treasury. Other- CONCLUSION track to be the hottest year on record. wise, taxpayers will be perpetually sub- Climate change is driving the increas- Climate change is real. It’s hap- sidizing a private sector system of em- ing frequency and severity of wildfires, pening now and it will have a profound ployee benefit promises. floods, droughts, and other natural dis- effect on our financial system if we Last November, Chairman ALEX- asters and extreme weather events. continue to do nothing. We must act to ANDER and I presented our comprehen- In California, wildfires in particular ensure that federal financial regulators sive approach to rescue and reform the have become a major annual concern. have expertise in climate financial risk multiemployer pension system, which This year alone, wildfires have burned and develop approaches to mitigate we have been working on and improv- 4.1 million acres of California forests that risk. ing ever since. The product was im- and destroyed more than 10,000 struc- I hope my colleagues will join me in proved with an amazing amount of tures, including more than 5,000 homes. support of this bill. Thank you, Mr. input from workers, retirees, unions, The damage and risk generated by President, and I yield the floor. employers, actuaries, academics, plan officials, and even members of the gen- these events—in addition to the By Mr. GRASSLEY (for himself eral public. Something as big as this changes needed to transition to a and Mr. ALEXANDER): needed to involve all of those people lower-carbon economy—threaten to se- S. 5045. A bill to amend the Internal being at the table. verely disrupt real estate values in Revenue Code of 1986 and the Employee Today, Chairman ALEXANDER and I high-risk areas, make insuring against Retirement Income Security Act of risk increasingly unaffordable, and will introduce a revised version of that 1974 to reform the treatment of multi- plan, the Chris Allen Multiemployer dramatically change whole sectors of employer plans, to ensure the ability of the economy. Pension Recapitalization and Reform the Pension Benefit Guaranty Corpora- Act. This legislation served as the NEED FOR LEGISLATION tion to provide guaranteed benefits of basis for our recent negotiations and is Unfortunately, U.S. Federal financial retirees, and for other purposes; to the the product of years of work with regulators have not done enough to en- Committee on Finance. Chairman ALEXANDER to produce a se- sure that they fully understand and are Mr. GRASSLEY. Mr. President, in rious, responsible plan that can provide appropriately acting on the risk that late June, I came to the floor to speak relief to failing plans and to protect re- climate change poses to the stability of about the need to fix the multiem- tirees’ benefits. the U.S. financial system. ployer pension system and how that It is also designed to ensure the long- Therefore, I believe there are a series system is failing its employees and re- term solvency of the Pension Benefit of simple steps we should take to en- tirees. I spoke about the need to secure Guaranty Corporation’s multiemployer sure that U.S. financial regulators are retirement benefits for the millions of insurance fund, based on the many well-equipped to mitigate climate fi- Americans who will start to see plans comments and proposals we received to nancial risk. fail and benefits cut in the coming the original Grassley-Alexander plan This bill would make five main im- years if Congress doesn’t fix this prob- released last November. provements to the U.S. financial regu- lem. We believe this legislation would en- latory system. For the past 2 weeks, Chairman sure that the PBGC’s multiemployer First, it would establish a permanent ALEXANDER and I were negotiating insurance fund remains solvent over committee on the Financial Stability with our Democratic colleagues to do the long term after the initial rescue of Oversight Council (FSOC)—which Con- just that—fix the system so future re- the currently failing plans. But, most gress has charged with identifying tirees and retirees now would not lose importantly, this legislation would re- risks to the U.S. financial system— out on what they were promised. Those form the system to prevent this from made up of experts in climate science, negotiations were very constructive, happening again. climate economics, and climate finan- and I believe that both sides worked in I would also like to note that the bill cial risk. good faith. While both sides agreed to is named after Chris Allen, who was a

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.030 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7593 dedicated member of my Finance Com- Subtitle C—Pension Insurance Modeling U.S.C. 1301 et seq.) is amended by inserting mittee staff, who passed away nearly 1 Sec. 121. Pension insurance modeling. after section 4233 the following: year ago at too young of an age. Chris TITLE II—FUNDING RULES, WITH- ‘‘SEC. 4233A. SPECIAL PARTITIONS OF ELIGIBLE MULTIEMPLOYER PLANS. poured thousands of hours of work into DRAWAL LIABILITY, AND OTHER RE- FORMS ‘‘(a) IN GENERAL.— developing, drafting, and perfecting the ‘‘(1) REQUIREMENT TO ORDER PARTITION.— Grassley-Alexander plan. I am grateful Subtitle A—Minimum Funding Standard for Upon the application by the plan sponsor of for all the work that Chris did, and I Multiemployer Plans an eligible multiemployer plan described in am proud this legislation bears his Sec. 201. Valuation of plan liabilities. subsection (b) for a partition of the plan, the name. Subtitle B—Additional Funding Rules for corporation shall order a partition of the I am also grateful to Andy Banducci, Multiemployer Plans plan in accordance with this section, pro- PART I—PLAN STATUS AMENDMENTS vided the other requirements in this section who helped us continue Chris’s work are met. The corporation shall make a deter- while on detail to the committee from Sec. 211. Amendments to Internal Revenue Code of 1986. mination regarding the application not later the PBGC for several months earlier Sec. 212. Amendments to Employee Retire- than 150 days after the date such application this year. His expertise and commit- ment Income Security Act of was filed (or, if later, the date such applica- ment, especially during the pandemic, 1974. tion was completed) in accordance with regu- were essential to bringing this legisla- Sec. 213. Transition rules. lations that shall be issued by the corpora- tion to completion. PART II—PROVISIONS RELATING TO PLAN tion under subsection (h). Lastly, Mark Warren of the Finance MERGERS ‘‘(2) NOTIFICATION OF PARTICIPANTS.—Not Sec. 221. Provisions relating to plan mergers later than 30 days after submitting an appli- Committee staff has led my team on cation for partition of a plan under para- this very important issue with the help and consolidations. Sec. 222. Clarification of PBGC financial as- graph (1), the plan sponsor of the plan shall of Jamie Cummins. sistance for plan mergers and notify the participants and beneficiaries of This bill would not be possible with- partitions. such application, in the form and manner out their efforts. So I thank Mark, Sec. 223. Restoration not required for cer- prescribed by the corporation. Jamie, Andy, and Chris for their dedi- tain mergers. ‘‘(3) IMPLEMENTATION OF TRANSFER.—The corporation shall implement the partition cated service. PART III—WITHDRAWAL LIABILITY REFORM order issued under this section not later Let me close by stressing two points Sec. 231. Withdrawal liability reform. than 60 days after the completion of the cor- for my Democratic colleagues. I appre- TITLE III—PLAN GOVERNANCE, DISCLO- poration’s determination under paragraph ciate the Democrats’ professional and SURE, AND OTHER REFORMS FOR MUL- (1). good-faith effort to try to find an TIEMPLOYER DEFINED BENEFIT PEN- ‘‘(4) FILING DATE OF APPLICATION.—Parti- agreement to this important issue. Al- SION PLANS tions under this section shall apply only though we were not able to reconcile Subtitle A—Plan Governance and Operations with respect to any eligible multiemployer our differences before the clock ran for Multiemployer Plans plan whose plan sponsor files an application out, we need to carry that work for- Sec. 301. Independent trustees. that is determined by the corporation to be Sec. 302. Investigatory authority. complete pursuant to regulations issued by ward, and I remain ready to continue Sec. 303. Conditions on financial assistance. the corporation under subsection (h)(1) and that discussion. I want to make clear Sec. 304. Excise tax on excess compensation that is filed by the later of the time specified that, while the last 2 years I have been of covered employees of parti- in such regulations or 1 year after the cor- chairman of the Finance Committee, I tioned multiemployer plans. poration issues such regulations. won’t be chairman the next 2 years, Subtitle B—Reportable Events for ‘‘(b) ELIGIBLE MULTIEMPLOYER PLAN.—For and we will be working under the lead- Multiemployer Plans purposes of this section— Sec. 311. Reportable events. ‘‘(1) IN GENERAL.—The term ‘eligible multi- ership of the next chairman, Senator employer plan’ means a multiemployer plan Subtitle C—Funding Notices to Participants CRAPO, if Republicans continue to be in that meets any of the following conditions: in Multiemployer Plans the majority. ‘‘(A) The plan became insolvent ( as de- These issues are not simple, and as I Sec. 321. Improved multiemployer plan dis- scribed in section 4245(b), as in effect the day closure. before the date of enactment of this section) said in June, delaying the solution is Sec. 322. Penalties for failure to provide no- on or after December 16, 2014, and prior to only going to make the whole effort tices. the date of enactment of this section and has more costly. We should continue to Subtitle D—Consistency of Criminal work together to find a solution for the not terminated. Penalties ‘‘(B) The plan— 10 million workers and retirees in these Sec. 331. Consistency of criminal penalties. ‘‘(i)(I) was certified, in the most recent an- multiemployer plans. America’s retir- TITLE IV—OTHER MULTIEMPLOYER nual certification filed pursuant to section ees deserve it. PLAN REFORMS 305(b)(3) (as in effect on the day before the Mr. President. I ask that the text of Sec. 401. Clarification of fiduciary duty of date of enactment of this section) before the the bill be printed in the RECORD. retiree representative who is a date of enactment of this section, to be in S. 5045 trustee. critical and declining status (as defined in Sec. 402. Safe harbors. section 305(b)(6), as so in effect), and has not Be it enacted by the Senate and House of Rep- Sec. 403. Clarification of notice and com- terminated as of such date; resentatives of the United States of America in ment process. ‘‘(II) implemented a suspension of benefits Congress assembled, Sec. 404. Protection of participants receiv- under section 305(e)(9) (as in effect on the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ing disability benefits. day before the date of enactment of this sec- (a) SHORT TITLE.—This Act may be cited as Sec. 405. Model notice. tion) prior to the date of enactment of this the ‘‘Chris Allen Multiemployer Pension Re- TITLE V—ALTERNATIVE PLAN section; capitalization and Reform Act of 2020’’. STRUCTURES ‘‘(III)(aa) was certified, in the most recent (b) TABLE OF CONTENTS.—The table of con- Sec. 501. Composite plans. annual certification filed pursuant to section tents for this Act is as follows: Sec. 502. Application of certain require- 305(b)(3) (as so in effect) before the date of Sec. 1. Short title; table of contents. ments to composite plans. enactment of this section, to be in critical TITLE I—RESTRUCTURING PENSION IN- Sec. 503. Treatment of composite plans status (as defined in section 305(b)(2), as so in SURANCE FOR MULTIEMPLOYER DE- under title IV. effect), and has not terminated as of such Sec. 504. Conforming changes. FINED BENEFIT PENSION PLANS date; Sec. 505. Effective date. ‘‘(bb) has a funded percentage that is less Subtitle A—Special Partitions of Eligible TITLE VI—FINANCIAL PROVISIONS Multiemployer Plans than 40 percent on a current liability basis, Sec. 601. Additional premiums. based on the most recent Form 5500, Sched- Sec. 101. Special partitions of eligible multi- Sec. 602. Funding. ule MB, line 1b(1) for current value of assets employer plans. Sec. 603. Composite plan transition fee. and line 1d(2)(a) for current liability, filed Subtitle B—PBGC Reforms TITLE I—RESTRUCTURING PENSION IN- before the date of enactment of this section; Sec. 111. Guarantee rate increase for plans SURANCE FOR MULTIEMPLOYER DE- and receiving financial assistance. FINED BENEFIT PENSION PLANS ‘‘(cc) has an active to inactive participant Sec. 112. Amendment to definition of insol- Subtitle A—Special Partitions of Eligible ratio that is below 40 percent as of the most vency. Multiemployer Plans recent Form 5500 filed before the date of en- Sec. 113. Termination of multiemployer SEC. 101. SPECIAL PARTITIONS OF ELIGIBLE actment of this section; or plans. MULTIEMPLOYER PLANS. ‘‘(IV)(aa) was certified, in the most recent Sec. 114. Benefits under certain terminated (a) IN GENERAL.—Title IV of the Employee annual certification filed pursuant to section plans. Retirement Income Security Act of 1974 (29 305(b)(3) (as so in effect) before the date of

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enactment of this section, to be in critical ‘‘(1) IN GENERAL.—The plan created by the the date of the application, with appropriate status (as defined in section 305(b)(2), as so in partition order is a successor plan to which adjustments for actual or anticipated plan effect) and has not terminated before such section 4022A applies. experience through the projected partition date, ‘‘(2) PLAN SPONSOR AND PLAN ADMINIS- date; and ‘‘(bb) has an active to total participant TRATOR.—The plan sponsor of an eligible ‘‘(ii) the projection of plan liabilities shall ratio that is below 20 percent as of the most multiemployer plan prior to partition and be based on the participant data used in the recent Form 5500 filed before the date of en- the administrator of such plan shall be the most recently completed actuarial valu- actment of the section; and plan sponsor and the administrator, respec- ation. ‘‘(cc) has more than 100,000 participants as tively, of the original plan and the successor ‘‘(3) SPECIAL RULE FOR INSOLVENT PLANS.— of the most recent Form 5500 filed before the plan created by the partition order. With respect to an insolvent plan described date of enactment of the section; and ‘‘(3) ORIGINAL PLAN.—The remaining plan in subsection (b)(1)(A), the corporation shall ‘‘(ii) is not the plan described in section after benefits have been transferred to the provide financial assistance to the original 9701(a)(3) of the Internal Revenue Code of successor plan pursuant to the partition plan, as needed for the plan to pay to each 1986, determined without regard to the limi- order is the original plan. Benefit payments participant and beneficiary in the successor tation on participation to individuals who made by the successor plan shall not con- plan the excess, if any, of— retired in 1976 and thereafter. stitute a reduction in benefits with respect ‘‘(A) the monthly benefit that would be to the original plan. paid to the participant or beneficiary under ‘‘(2) ELIGIBLE PLANS REQUIRED TO FILE FOR ‘‘(e) FINANCIAL ASSISTANCE TO SUCCESSOR the terms of the original plan, prior to insol- PARTITION.— PLANS FROM THE CORPORATION.— vency, had the transfer of benefits not oc- ‘‘(A) IN GENERAL.—An eligible multiem- ‘‘(1) IN GENERAL.—Upon approval of an ap- curred (taking into account any applicable ployer plan (other than a plan eligible under plication filed pursuant to subsection (i), the benefit reductions or plan amendments fol- paragraph (1)(B)(i)(II)) shall file with the cor- corporation shall provide financial assist- lowing the effective date of the partition); poration for partition under this section. If ance to each successor plan of an eligible over an eligible plan required under the preceding multiemployer plan. ‘‘(B) the monthly benefit for such partici- sentence to file for partition does not so file ‘‘(2) NONAPPLICABILITY OF REPAYMENT pant or beneficiary that is paid by the suc- in a timely manner, the plan is subject to RULE.—Financial assistance provided to a cessor plan. termination under section 4042. successor plan pursuant to this subsection ‘‘(h) REGULATIONS.— ‘‘(B) EXCEPTION.—If a plan is reasonably shall not be subject to the requirements of ‘‘(1) IN GENERAL.—The corporation shall determined to be ineligible for future adjust- section 4261(b)(2), except that the corpora- issue regulations on the requirements for ments under subsection (j)(3)(C)(iii)— tion may condition receipt of financial as- partition applications not later than 180 days ‘‘(i) subparagraph (A) shall not apply to sistance under this subsection on reasonable after the date of enactment of this section. such plan, and terms consistent with regulations prescribed By regulation, the corporation may assign ‘‘(ii) such plan may withdraw the partition by the corporation to prevent abuse of the eligible multiemployer plans into groups, application (or, as provided by the corpora- multiemployer plan program or prevent un- based on plan size (prioritizing larger plans), tion in regulations, not submit such applica- reasonable risk of loss to the corporation. projected date of plan insolvency tion at all). ‘‘(f) PAYMENT REQUIREMENTS OF ORIGINAL (prioritizing plans expected to become insol- ‘‘(c) CONDITIONS FOR PARTITION.— PLAN.—For each participant or beneficiary vent within 5 years), or such other factors as ‘‘(1) RATE OF ACCRUALS.— of the plan whose benefit or portion thereof the corporation deems appropriate, for deter- ‘‘(A) IN GENERAL.—As a condition of any was transferred to the successor plan, the mining when an application for partition partition under this section, the rate of fu- original plan shall pay a monthly benefit to under this section may be filed. Any regula- ture accruals, during the period beginning on such participant or beneficiary for each tions issued under this section shall be in- the date of the partition order and ending 15 month in which such benefit is in pay status terim final or final regulations. years after the effective date of the parti- following the effective date of such partition ‘‘(2) EFFECT OF NO REGULATION.—If the cor- tion, shall not exceed the lesser of— in an amount equal to the excess of— poration does not issue regulations within ‘‘(i) a monthly benefit (payable as a single ‘‘(1) the monthly benefit that would be 180 days after the date of enactment of this life annuity commencing at the participant’s paid to the participant or beneficiary under section, any applications for partition under normal retirement age) equal or equivalent the terms of the original plan had the trans- this section filed after the date that is 180 to 1 percent of the annual contributions re- fer of benefits not occurred (taking into ac- days after such date of enactment (and prior to the date regulations are issued) shall be quired to be made with respect to a partici- count any applicable benefit reductions or deemed to be approved. pant as of the first day of the first plan year plan amendments following the effective ‘‘(3) RULES FOR DETERMINING PARTICIPANTS that begins after the date of enactment of date of the partition); over AND BENEFICIARIES.—The regulations under this section; or ‘‘(2) the monthly benefit for such partici- this subsection shall include rules for deter- ‘‘(ii) the accrual rate under the plan on pant or beneficiary that is paid by the suc- mining which participants and beneficiaries such first day. cessor plan. ‘‘(g) TRANSFER OF BENEFITS.— are included in the transfer of benefits. ‘‘(B) DETERMINATION OF EQUIVALENT ‘‘(1) IN GENERAL.—A partition order under ‘‘(4) ACTUARIAL ASSUMPTIONS.—The regula- RATE.—The plan sponsor may determine the subsection (a) shall provide for a transfer of tions under this subsection shall prescribe equivalent rate of future accruals based on benefits from the original plan to the suc- acceptable actuarial assumptions, for pur- the standard or average contribution base cessor plan in the amount necessary for the poses of an application, relating to the fol- units which the plan sponsor determines to original plan to be projected to remain sol- lowing: be representative for active participants and vent indefinitely, as defined in section ‘‘(A) Future investment returns which such other factors as the plan sponsor deter- 1.432(e)(9)–1(d)(5)(ii) of title 26, Code of Fed- must be consistent with the applicable dis- mines to be relevant. Such determinations eral Regulations (excluding subparagraph count rate under section 304, except that— by the plan sponsor may be made on the (A)(2)), as in effect on the date on which such ‘‘(i) in no case shall the assumption for fu- basis of individual active participants, regulations were issued, using actuarial and ture returns be less than 5.5 percent for pur- groups of active participants, or all active other assumptions to be promulgated by the poses of determining the initial partition participants in total. corporation in the regulations described in amount; and ‘‘(C) SPECIAL RULE FOR FUTURE ACCRUALS.— subsection (h)(4). Such transfer amounts ‘‘(ii) in no case, while the partition amount To the extent that the rate of future accru- shall be determined without respect to the is being determined or while the partition is als exceeds the limitation determined under amount guaranteed under section 4022A. in effect, shall the assumption used for de- this paragraph, the plan sponsor shall adjust ‘‘(2) CONSIDERATIONS.— termining adjustments under subsection (j) the rate of future accruals in accordance ‘‘(A) IN GENERAL.—In determining the be less than the lesser of— with this paragraph effective as of the date transfer amount under paragraph (1), the ‘‘(I) the rate equal to the 24-month average of the partition order. corporation shall take into account all obli- of the third segment rate (as defined in sec- ‘‘(2) ELIMINATION OF ADJUSTABLE BENE- gations of the original plan, including the tion 303(h)(2)(C)(iii)), as of the date the deter- FITS.—As a condition of any partition under payment of benefits required under sub- mination is made, without regard to section this section, the plan sponsor of an eligible section (f) in excess of the amount paid by 303(h)(2)(C)(iv), increased by 2 percent; or multiemployer plan shall eliminate all ad- the successor plan and all plan expenses and ‘‘(II) 5.5 percent. justable benefits in the nature of an early re- premium amounts. ‘‘(B) Future contribution base units. tirement subsidy (including a subsidized ‘‘(B) PROJECTION OF ASSETS AND LIABIL- ‘‘(C) Future contribution rate increases, early retirement actuarial reduction factor) ITIES.—The amount of the transfer of bene- taking into account the adopted rehabilita- for all participants not in pay status as of fits shall be based on a projection of plan as- tion plan. the date of the partition application. Noth- sets and liabilities to the projected partition ‘‘(D) Future withdrawal liability pay- ing in this paragraph shall affect the right of date, as specified in the partition applica- ments. a participant to receive an unsubsidized tion, and— ‘‘(E) Future administrative expenses. early retirement benefit. ‘‘(i) the projection of plan assets shall be ‘‘(F) Mortality. ‘‘(d) SUCCESSOR PLANS AND ORIGINAL based on the fair market value of plan assets ‘‘(G) Any other assumptions deemed by the PLANS.— as of the end of the last plan year preceding corporation to be material.

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‘‘(5) RULES RELATING TO ASSUMPTIONS.— later date for additional information nec- minated or becomes insolvent, the benefits ‘‘(A) INFORMATION REQUIRED.—For purposes essary to determine the partition amount. transferred under the partition order shall of paragraph (4), when prescribing acceptable ‘‘(C) FACTUAL SUBMISSIONS BY PLAN SPON- revert to the original plan, the partition actuarial assumptions, the corporation shall SOR.—The factual submissions made by a shall be reversed, and financial assistance not require a plan sponsor to obtain data or plan sponsor in a partition application, in- provided pursuant to the partition order other information that a plan sponsor should cluding participant data and benefit calcula- shall cease. not reasonably be expected to have in its tions, shall be presumed to be correct, unless ‘‘(5) REGULATIONS.—The corporation shall possession, unless it can be obtained with clearly erroneous. promulgate regulations describing the proc- reasonable effort and expense. ‘‘(j) POST–PARTITION ADJUSTMENTS.— ess and requirements for reporting and the ‘‘(B) ECONOMIC ACTIVITY ASSUMPTION.—For ‘‘(1) PROCESS FOR ADJUSTMENTS.— circumstances under which plans will be ter- purposes of paragraph (4)(B), an assumption ‘‘(A) IN GENERAL.—After benefits have been minated in accordance with the provisions of related to future contribution base units transferred under the partition order, the section 4041A pursuant to this subsection. shall be considered reasonable and appro- corporation shall, at least every third year ‘‘(k) PLANS THAT IMPLEMENTED SUSPENSION priate for purposes of the application under thereafter, adjust the transfer of benefits, as OF BENEFITS.— this section, provided that— necessary to enable the original plan to be ‘‘(1) IN GENERAL.—An eligible multiem- ‘‘(i) if the recent experience of the plan has projected to remain solvent indefinitely, ployer plan described in subsection been declining contribution base units, the consistent with limitations on guaranteed (b)(1)(B)(i)(II) may be approved for a parti- plan actuary may assume future contribu- benefits (if applicable under paragraph tion under this section only if it unwinds the tion base units will continue to decline at (3)(C)). The adjustments shall be made based suspension, and, if applicable, the previous the same annualized trend as over the 5 im- on such procedures as the corporation shall partition described in such subsection in ac- mediately preceding plan years unless such prescribe by regulation. cordance with regulations to be issued by the assumption is unreasonable based on criteria ‘‘(B) PLANS PROJECTED TO BE INSOLVENT.—If corporation, in consultation with the Sec- which may be prescribed by the corporation the original plan is not projected to be sol- retary of the Treasury. The unwinding of a by regulation, and vent 30 years after any adjustment review suspension or partition described in such ‘‘(ii) if the recent experience of the plan date (without regard to whether or not an subsection must be contingent upon the cor- has been increasing, or neither increasing adjustment takes place in connection with poration’s approval of the application for nor decreasing, contribution base units, the such date), taking into account the adjust- partition under this section. plan actuary may assume future contribu- ments permitted by this paragraph, such ‘‘(2) TIMING OF UNWINDING OF SUSPENSION OF tion base units will remain unchanged in- plan shall electronically file a report with BENEFITS.—In the case of a partition de- definitely, unless such assumption is unrea- the corporation, as the corporation shall re- scribed in paragraph (1), the suspension of sonable based on criteria the corporation quire by regulation. If the plan subsequently benefits shall be unwound retroactively. may prescribe. reports for 3 consecutive years for which an Benefits shall be restored to pre-suspension ‘‘(6) DETERMINATION OF BENEFITS GUARAN- adjustment review is conducted that the levels as of the effective date of the partition TEES.—The regulations under this subsection plan is not projected to be solvent 30 years under this section and participants who are shall include rules for determining the after the date of each such adjustment re- receiving benefits on the date of enactment amounts of benefits guaranteed under sec- view, the plan shall be terminated. of this section shall, beginning not later tion 4022A, including acceptable methods to ‘‘(2) BASIS FOR ADJUSTMENT.—The adjust- than 180 days after the approval of a parti- approximate credited service for participants ment shall be based solely on, as applicable, tion order under this section, receive a spe- and beneficiaries in pay status where records updated participant data, calculations of cial payment, payable over a period not to cannot reasonably be obtained by the plan guaranteed benefits for participants and exceed 2 years, equal to the amount of bene- administrator. beneficiaries covered under the successor fits previously suspended as prescribed in ‘‘(i) PARTITION APPLICATIONS.— plan, contribution experience, current actu- regulations. Such plans are subject to the re- ‘‘(1) IN GENERAL.—An application for parti- arial assumptions (if changed since the ini- quirements of subsection (c). tion under this section submitted by a plan tial transfer of benefits), and changes in the ‘‘(l) FIDUCIARY PROTECTION.—Plan partici- sponsor shall be filed electronically and con- market value of the original plan’s assets. pants and beneficiaries shall not have a tain the required information set forth in ‘‘(3) LIMITATIONS ON ADJUSTMENT.— claim under section 409 or section 502 of this regulations promulgated by the corporation. ‘‘(A) IN GENERAL.—The corporation shall Act against plan fiduciaries with respect to ‘‘(2) APPROVAL STANDARDS.—The corpora- not adjust under paragraph (1) the transfer an application for partition assistance made tion shall approve a partition application if of benefits to provide additional financial as- in good faith or the allocation of benefit li- the applying plan meets the requirements for sistance if the corporation determines that abilities between the successor plan and the a partition under this section. the original plan or the bargaining parties original plan. ‘‘(3) EVALUATION OF INITIAL TRANSFER.—In committed an abuse of the multiemployer ‘‘(m) EFFECT OF PARTITION ON WITHDRAWAL reviewing an application under this section, program with respect to the original plan or LIABILITY.— the plan shall propose the initial amount of otherwise unreasonably took actions (or ‘‘(1) IN GENERAL.—A partition order under the transfer of benefits under the partition avoided taking actions) with the result that this section is taken into account in deter- order that is required under subsection (g)(1) there is an increased risk of loss to the cor- mining withdrawal liability under section and the corporation shall review and modify poration with respect to the successor plan 4201 of an employer that contributes to the the amount, if applicable, pursuant to its or the original plan. original plan, provided that the employer re- regulations. ‘‘(B) END OF ADJUSTMENT AUTHORITY.— No mains a contributing employer to the origi- ‘‘(4) DETERMINATIONS BY THE CORPORA- adjustments under paragraph (1) to the nal plan (and in compliance with any appli- TION.— transfer of benefits shall be allowed with re- cable funding improvement or rehabilitation ‘‘(A) DETERMINATION OF INELIGIBILITY.—If spect to any plan year beginning 30 or more plan) for a period of 15 years following the ef- the corporation determines the plan to be in- years after the date of the partition. fective date of the liability transfer. eligible under subsection (b) for a partition ‘‘(C) AGGREGATE LIMITS.—If the initial ‘‘(2) WITHDRAWALS AFTER LESS THAN 15 under this section, the corporation shall no- transfer of benefits from the plan under sub- YEARS.— tify the plan sponsor in writing of such de- section (g)— ‘‘(A) IN GENERAL.—If an employer com- termination not later than 30 days after the ‘‘(i) was less than 100 percent of the pletely withdraws or partially withdraws application is filed. Such notice shall specify amount of benefits under the plan guaran- from a plan that was partitioned under this the reasons the plan is ineligible for a spe- teed under section 4022A for each partici- section at any time within the 15-year period cial partition. The applicant plan will have a pant, any adjustment under paragraph (1) described in paragraph (1), the transfer of period of at least 60 days, or longer if speci- shall not result in a benefit for any partici- benefits under subsection (g) shall not be fied by the Corporation through regulations, pant in the successor plan in excess of 100 taken into account in computing the em- to modify its application, which shall be sub- percent of the participant’s guaranteed ben- ployer’s complete or partial withdrawal li- ject to expedited review by the corporation efit, determined as of the date of the initial ability, and the amount of the annual with- and, for purposes of satisfying the 1-year fil- transfer; drawal liability payment amount otherwise ing requirement for special partition, will re- ‘‘(ii) was equal to or greater than 100 per- determined shall be increased by 10 percent. late back to the date the application was ini- cent of the amount of benefits so guaranteed, ‘‘(B) EXCEPTION.—Subparagraph (A) shall tially filed. any adjustment under paragraph (1) shall not not apply— ‘‘(B) INCOMPLETE APPLICATIONS.—If the cor- result in a benefit for any participant in the ‘‘(i) if the complete or partial withdrawal poration determines the application by the successor plan in excess of the amount of the is due to a decertification, a change in bar- plan sponsor lacks information necessary for participant’s benefit subject to the initial gaining representatives, disclaimer of inter- the corporation to approve or deny the appli- transfer; and est, or because of an event described in sec- cation, the corporation shall notify the plan ‘‘(iii) was less than 5 percent of the amount tion 4218; or sponsor in writing, detailing which compo- of benefits so guaranteed, there shall be no ‘‘(ii) in the case of a partial withdrawal due nents are missing, not later than 30 days adjustment under paragraph (1). to a bargaining unit or facility take-out if after the application is filed. Nothing in the ‘‘(4) TERMINATED AND INSOLVENT PLANS.— the contribution base units for the plan year preceding sentence shall prevent the cor- With respect to an original plan partitioned immediately following the year of the par- poration from asking the plan sponsor at a under this section that subsequently is ter- tial withdrawal are at least 97 percent of the

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7596 CONGRESSIONAL RECORD — SENATE December 17, 2020 contribution base units for the plan year im- the assumptions used in making such projec- agreement with respect to such original plan mediately preceding the year of the partial tions. that includes a reduction in employer con- withdrawal. ‘‘(7) Funding standard account projections tribution rates. ‘‘(3) EXCEPTION.— Paragraphs (1) and (2) for such plan year and the 9 succeeding plan ‘‘(2) EXCEPTION.—Under a process to be pro- shall not apply to an employer that first had years, and the assumptions used in making mulgated by regulation by the corporation, a an obligation to contribute to the plan parti- such projections. plan sponsor of an original plan may petition tioned under this section after the date of ‘‘(8) Any significant reduction in the num- the corporation for the authority to approve enactment of this section. ber of active participants during the plan a collective bargaining agreement that con- ‘‘(n) RESTRICTIONS ON BENEFIT IMPROVE- year preceding such plan year, and the rea- templates a reduction in employer contribu- MENTS.— son for such reduction. tion rates. Such regulation shall include a ‘‘(1) INCREASE IN PLAN LIABILITIES.— ‘‘(9) A list of employers that withdrew requirement that a plan petitioning for such ‘‘(A) IN GENERAL.—If the plan sponsor from the plan in the plan year preceding authority demonstrate that its existing con- adopts a plan amendment that increases plan such plan year, and the resulting reduction tribution rates are higher than contribution liabilities (due to any increase in benefits, in contributions. rates paid on behalf of other workers covered any change in the accrual of benefits, or any ‘‘(10) A list of employers that paid with- by collective bargaining agreements in the change in the rate at which benefits become drawal liability to the plan during the plan same industry in nearby localities. The cor- nonforfeitable) that takes effect after the ef- year preceding such plan year and, for each poration shall approve the petition if the fective date of the partition, the original employer, a total assessment of the with- plan sponsor demonstrates that the reduc- plan shall make payments to the corporation drawal liability paid, the annual payment tion in contribution rates improves the long- for each year during the 20-year period fol- amount, and the number of years remaining term funding or solvency of the plan, and lowing the effective date of the benefit in- in the payment schedule with respect to such does not increase the corporation’s expected crease. For purposes of this paragraph, an in- withdrawal liability. loss with respect to the plan. crease in benefits due to an increase in the ‘‘(11) Any material changes to benefits, ac- ‘‘(q) EFFECT ON ACCUMULATED FUNDING DE- contribution rate or compensation shall be crual rates, or contribution rates during the FICIENCY.—Any accumulated funding defi- considered a prohibited increase in benefits. plan year preceding such plan year, and ciency (as defined in section 304(a)) of a plan ‘‘(B) EXCEPTION FOR CERTAIN ACCRUALS.— whether such changes relate to the condi- shall be reduced to zero as of the first day of Subparagraph (A) shall not apply to any tions of the partition assistance. the plan year during which the partition change in future accruals after the end of the ‘‘(12) Details regarding any funding im- under this section is effective. 15-year period during which such accruals provement plan or rehabilitation plan and ‘‘(r) COORDINATION OF REPORTING AND DIS- are limited under subsection (c). updates to such plan. CLOSURE REQUIREMENTS.—The corporation, the Secretary, and the Secretary of the ‘‘(2) AMOUNT PAYABLE TO CORPORATION.— ‘‘(13) The number of participants and bene- The amount paid by the original plan to the ficiaries during the plan year preceding such Treasury may, individually or collectively, corporation under paragraph (1) each year plan year who are active participants, the promulgate regulations to reduce reporting and disclosure obligations for successor shall be equal to the lesser of— number of participants and beneficiaries in plans, including coordinating with reporting ‘‘(A) the total value of the increase in ben- pay status, and the number of terminated and disclosure by original plans.’’. efit payments for the year that is attrib- vested participants and beneficiaries. (b) CONFORMING AMENDMENT.—Section 4233 utable to the benefit improvement; or ‘‘(14) For— ‘‘(A) the first plan year after the effective of the Employee Retirement Income Secu- ‘‘(B) the total benefit payments from the rity Act of 1974 (29 U.S.C. 1413) is amended by successor plan for such year. date of the partition, a list of all employers that contributed to the plan during the plan adding at the end the following: ‘‘(3) TIMING OF PAYMENT.—Payments under ‘‘(g) This section shall not apply to an eli- paragraph (2) shall be made by the original year; and ‘‘(B) subsequent plan years, changes to the gible multiemployer plan described in sec- plan at the time of, and in addition to, any tion 4233A(b) that receives a special partition premium imposed by the corporation on the list of contributing employers. ‘‘(15) The information contained on the under that section.’’. plan. (c) CLERICAL AMENDMENT.—The table of most recent annual return under section 6058 ‘‘(4) PBGC AUTHORITY.—The corporation is contents in section 1 of the Employee Retire- of the Internal Revenue Code of 1986 and ac- authorized to bring an action against the ment Income Security Act of 1974 (29 U.S.C. original plan to prevent or correct any and tuarial report under section 6059 of such 1001 et seq.) is amended by inserting after all actions by plan sponsors, a principal pur- Code of the plan. the item relating to section 4233 the fol- pose of which is to evade or avoid payments ‘‘(16) Copies of the plan document and lowing: amendments, other retirement benefit or an- due to the corporation under paragraph (2), ‘‘4233A. Special partitions of eligible multi- cillary benefit plans relating to the plan and or that may have the effect of evading or employer plans.’’. contribution obligations under such plans, a avoiding such payments. Payments under Subtitle B—PBGC Reforms paragraph (2) shall be determined without re- breakdown of administrative expenses of the gard to such actions by plan sponsors. plan, participant census data and distribu- SEC. 111. GUARANTEE RATE INCREASE FOR PLANS RECEIVING FINANCIAL AS- ‘‘(5) EXCEPTION FOR CERTAIN CHANGES.—The tion of benefits, the most recent actuarial valuation report as of the plan year, finan- SISTANCE. requirements of this subsection do not apply (a) IN GENERAL.—Section 4022A(c)(1) of the to an increase or change in benefits that is cial reports, and copies of the portions of col- lective bargaining agreements relating to Employee Retirement Income Security Act required by law or that is a de minimis of 1974 (29 U.S.C. 1322(c)(1)) is amended by change, as determined by the corporation. plan contributions, funding coverage, or ben- efits, and such other information as the cor- striking subparagraph (A) and inserting the ‘‘(o) POST-PARTITION DISCLOSURES.—Not poration may reasonably require. following: later than 90 days after the first day of each ‘‘(17) A list of the employers that contrib- ‘‘(A) 100 percent of the accrual rate up to plan year beginning after the effective date uted more than 5 percent of total contribu- $15, plus 75 percent of the lesser of— of a partition under this section, the plan tions to the plan during the preceding plan ‘‘(i) $54.67, or sponsor of the original plan shall electroni- year, and the amount contributed by each ‘‘(ii) the accrual rate, if any, in excess of cally file with the corporation a report in- such employer. $15, and’’. cluding the following information: Any information or documentary material (b) EFFECTIVE DATES.— ‘‘(1) The estimated funded percentage (as submitted to the corporation pursuant to (1) IN GENERAL.—The amendments made by defined in section 305(k)(2)) as of the first this subsection that could identify indi- this section shall apply to financial assist- day of such plan year, and the underlying ac- vidual employers, if clearly designated by ance provided by the Pension Benefit Guar- tuarial value of assets and liabilities taken the person making the submission as con- anty Corporation— into account in determining such percent- fidential (on each page in the case of a docu- (A) to plans that become insolvent after age. ment, and in the file name in the case of a the date of the enactment of this Act; or ‘‘(2) The estimated amount of all invest- digital file), shall be exempt from disclosure (B) pursuant to a special partition under ment returns for the original plan during the under section 552 of title 5, United States section 4233A of the Employee Retirement preceding plan year. Code, and no such information or documen- Income Security Act of 1974, as added by this ‘‘(3) The market value of the assets of the tary material may be made public except as Act. plan (determined as provided in paragraph may be relevant to any administrative or ju- (2) EXCEPTION FOR PARTITIONS ON OR BEFORE (1)) as of the last day of the plan year pre- dicial action or proceeding, including an in- DATE OF ENACTMENT.—The amendments made ceding such plan year. formal rulemaking. by this section shall not apply to financial ‘‘(4) The total value of all contributions ‘‘(p) RESTRICTIONS ON CONTRIBUTION DE- assistance provided by the Pension Benefit made by employers and employees during CREASES.— Guaranty Corporation pursuant to a parti- the plan year preceding such plan year. ‘‘(1) IN GENERAL.—Subject to paragraph (2), tion of a multiemployer plan occurring on or ‘‘(5) The total value of all benefits paid except in any plan year in which the plan is before the date of the enactment of this Act. during the plan year preceding such plan certified by the plan actuary as in unre- SEC. 112. AMENDMENT TO DEFINITION OF INSOL- year. stricted status pursuant to section VENCY. ‘‘(6) Cash flow projections for such plan 305(b)(1)(B), the plan sponsor of an original (a) AMENDMENTS TO EMPLOYEE RETIREMENT year and the 29 succeeding plan years, and plan may not accept a collective bargaining INCOME SECURITY ACT OF 1974.—Section 4245

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of the Employee Retirement Income Secu- ‘‘(a) SUSPENSION OF CERTAIN BENEFIT PAY- (c) REGULATIONS.—The Pension Benefit rity Act of 1974 (29 U.S.C. 1426) is amended— MENTS; TERMINATION.—Notwithstanding sec- Guaranty Corporation shall issue regulations (1) by amending subsection (a) to read as tion 411, an insolvent multiemployer plan implementing the amendments made by this follows: shall suspend the payments of benefits which section. Such regulations shall address the ‘‘(a) Notwithstanding sections 203 and 204, are not basic benefits, in accordance with assumptions a plan may use in projecting an insolvent multiemployer plan shall sus- this section, and terminate the plan under whether a plan’s available resources in any pend the payments of benefits which are not section 4041A(a)(4) of the Employee Retire- of the next 5 plan years are projected not to basic benefits, in accordance with this sec- ment Income Security Act of 1974.’’; be sufficient to pay benefits under the plan tion, and terminate the plan under section (2) in subsection (b)— when due. 4041A(a)(4).’’; (A) by striking paragraphs (1) and (2) and SEC. 113. TERMINATION OF MULTIEMPLOYER (2) in subsection (b)— inserting the following: PLANS. (A) by striking paragraphs (1) and (2) and ‘‘(1) INSOLVENT MULTIEMPLOYER PLAN.—A (a) TERMINATION BY COURT ORDER.—Section inserting the following: multiemployer plan is insolvent if the plan’s 4041A of the Employee Retirement Income ‘‘(1) a multiemployer plan is insolvent if available resources in any of the next 5 plan Security Act of 1974 (29 U.S.C. 1341a) is the plan’s available resources in any of the years are projected not to be sufficient to amended by adding at the end the following: next 5 plan years are projected not to be suf- pay benefits under the plan when due for the ‘‘(g) EFFECT OF TERMINATION ORDER.—If a ficient to pay benefits under the plan when plan year.’’; court orders the termination of a multiem- due for the plan year;’’; (B) by redesignating paragraphs (3) and (4) ployer plan under section 4042— (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and ‘‘(1) the corporation shall determine as paragraphs (2) and (3), respectively; and (C) in paragraph (2), as so redesignated, by whether the termination of such plan shall (C) in paragraph (2), as so redesignated, by inserting ‘‘expected’’ before ‘‘contributions’’; be carried out in accordance with paragraph inserting ‘‘expected’’ before ‘‘contributions’’; (3) by striking subsection (c); (1) or (2) of subsection (a) (and such termi- (3) by striking subsection (c); (4) by redesignating subsections (d) nation shall be treated as described in which- (4) by redesignating subsections (d) through (h) as subsections (c) through (g), re- ever of such paragraphs is applicable under through (g) as subsections (c) through (f), re- spectively; the determination), and spectively; (5) in subsection (c), as so redesignated— ‘‘(2) the plan shall take such actions as the (5) in subsection (c), as so redesignated— (A) in paragraph (1)— corporation determines necessary to imple- (A) in paragraph (1)— (i) by striking ‘‘critical status, as described ment the corporation’s determination under (i) by striking ‘‘critical status, as described in subsection 432(b)(2))’’ and inserting ‘‘such paragraph (1) by such date as the corporation in subsection 305(b)(2),)’’ and inserting ‘‘such critical status)’’; specifies in such determination.’’. critical status)’’; (ii) by striking ‘‘3 times’’ and inserting ‘‘10 (b) TERMINATION BY REASON OF INSOL- (ii) by striking ‘‘3 times’’ and inserting ‘‘10 times’’; and VENCY.— times’’; and (iii) by striking ‘‘5 plan years’’ each place (1) IN GENERAL.—Section 4041A(a) of the (iii) by striking ‘‘5 plan years’’ each place such term appears and inserting ‘‘8 plan Employee Retirement Income Security Act such term appears and inserting ‘‘8 plan years’’; of 1974 (29 U.S.C. 1341a(a)) is amended— years’’; (B) in paragraph (2)— (A) in paragraph (2), by striking ‘‘or’’ at (B) in paragraph (2)— (i) by striking ‘‘plan’s available resources the end; (i) by striking ‘‘plan’s available resources are not sufficient to pay benefits under the (B) in paragraph (3)— are not sufficient to pay benefits under the plan when due for the next plan year’’ and (i) by striking ‘‘section 4203(b)(1)’’ and in- plan when due for the next plan year’’ and inserting ‘‘plan will be insolvent in any of serting ‘‘section 4021(b)(1)’’; and inserting ‘‘plan will be insolvent in any of the next 10 plan years’’; and (ii) by striking the period and inserting ‘‘; the next 10 plan years’’; and (ii) by inserting ‘‘and the corporation’’ be- or’’; and (ii) by inserting ‘‘and the corporation’’ be- fore the period at the end; (C) by adding at the end the following: fore the period at the end; (C) by striking paragraph (3); and ‘‘(4) becoming insolvent (within the mean- (C) by striking paragraph (3); and (D) by redesignating paragraph (4) as para- ing of section 4245(b)(1).’’. (D) by redesignating paragraph (4) as para- graph (3); (2) TIME OF TERMINATION.—Section 4041A(b) graph (3). (6) in subsection (d), as so redesignated— of the Employee Retirement Income Secu- (6) in subsection (d), as so redesignated— (A) in paragraph (1), by striking ‘‘sub- rity Act of 1974 (29 U.S.C. 1341a(b)) is amend- (A) in paragraph (1)— section (d)(1) or (2)’’ and inserting ‘‘sub- ed by adding at the end the following new (i) by striking ‘‘subsection (d)(1) or (2)’’ and section (c)(1) or (2)’’; paragraphs: inserting ‘‘subsection (c)(1) or (2)’’; and (B) in paragraph (2)— ‘‘(3) Except as provided in paragraph (4), (ii) by striking ‘‘Treasury,’’ in subpara- (i) by striking ‘‘resource benefit level de- the date on which a plan terminates under graph (A) and inserting ‘‘Treasury and’’; termined in writing for that insolvency paragraph (4) of subsection (a) is the first (B) in paragraph (2)— year’’ and inserting ‘‘reduction of benefit day of the seventh full plan month of the (i) by striking ‘‘resource benefit level de- payments to the level of basic benefits and plan’s first insolvency year under section termined in writing for that insolvency the termination of the plan under section 4245(b)(3). year’’ and inserting ‘‘reduction of benefit 4041A(a)(4) of the Employee Retirement In- ‘‘(4)(A) In the case of a multiemployer plan payments to the level of basic benefits and come Security Act of 1974 as of the first day which is an insolvent plan on the date of en- the termination of the plan under section of the seventh full plan month of the plan’s actment of this paragraph— 4041A(a)(4) as of the first day of the seventh first insolvency year under subsection ‘‘(i) paragraph (4) of subsection (a) shall full plan month of the plan’s first insolvency (b)(3)’’; apply to such plan unless such plan applies year under subsection (b)(3)’’; and (ii) by striking ‘‘each insolvency year’’ and for, and receives, a special partition under (ii) by striking ‘‘each insolvency year’’ and inserting ‘‘the first insolvency year’’; and section 4233A, and inserting ‘‘the first insolvency year’’; (iii) by striking ‘‘RESOURCE BENEFIT ‘‘(ii) the date on which plan terminates (C) by striking paragraph (3); and LEVEL’’ in the heading and inserting ‘‘NOTICE shall be determined under subparagraph (B). (D) by redesignating paragraphs (4) and (5) OF INSOLVENCY’’; ‘‘(B) In the case of a plan described in sub- as paragraphs (3) and (4), respectively; (C) by striking paragraph (3); and paragraph (A), the date on which a plan ter- (7) in subsection (e), as so redesignated— (D) by redesignating paragraphs (4) and (5) minates under paragraph (4) of subsection (a) (A) in paragraph (1) by striking ‘‘, for as paragraphs (3) and (4), respectively; is— which the resource benefit level is above the (7) in subsection (e), as so redesignated— ‘‘(i) if the plan is not eligible for a special level of basic benefits,’’; and (A) in paragraph (1) by striking ‘‘, for partition under section 4233A, the first day (B) by striking paragraph (2) and inserting which the resource benefit level is above the of the seventh full plan month following after paragraph (1) the following new para- level of basic benefits,’’; and such date of enactment, except that such graph: (B) by striking paragraph (2) and inserting plan may, notwithstanding the amendment ‘‘(2) A plan sponsor who has determined after paragraph (1) the following new para- required to be adopted by the plan under sec- that the plan’s available resources for an in- graph: tion 4245(a), continue to provide service cred- solvency year are below the level of basic ‘‘(2) PLANS WITHOUT AVAILABLE RE- it solely for purposes of vesting under the benefits shall apply for financial assistance SOURCES.—A plan sponsor who has deter- plan until such time as the plan’s available from the corporation under section 4261.’’; mined that the plan’s available resources for resources are not sufficient to pay benefits and an insolvency year are below the level of under the plan, and (8) in subsection (f), as so redesignated, by basic benefits shall apply for financial assist- ‘‘(ii) if the plan applies for such special striking ‘‘Subsections (a) and (c)’’ and insert- ance from the Pension Benefit Guaranty Cor- partition but the corporation does not ap- ing ‘‘Subsection (a)’’. poration under section 4261 of the Employee prove it, the first day of the seventh full plan (b) AMENDMENTS TO INTERNAL REVENUE Retirement Income Security Act of 1974.’’; month following the final determination of CODE OF 1986.—Section 418E of the Internal and the corporation disallowing such special par- Revenue Code of 1986 is amended— (8) in subsection (g), as so redesignated, by tition.’’. (1) by amending subsection (a) to read as striking ‘‘Subsections (a) and (c)’’ and insert- (3) ADOPTION OF AMENDMENT PROVIDING FOR follows: ing ‘‘Subsection (a)’’. NO SERVICE CREDIT.—Section 4245(a) of such

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7598 CONGRESSIONAL RECORD — SENATE December 17, 2020 Act (29 U.S.C. 1426(a)), as amended by this 4041A(a), the plan sponsor shall amend the (C) by striking ‘‘actuarial assumptions’’ in Act, is amended by adding at the end the fol- plan to suspend benefits in excess of the level clause (v), as so redesignated, and inserting lowing: ‘‘The insolvent multiemployer plan of basic benefits. ‘‘actuarial assumptions not described in shall also, at the time of becoming insolvent, ‘‘(2) Any plan amendment required by this clause (iv)’’, and adopt an amendment which provides that subsection shall, in accordance with regula- (D) by inserting after clause (iii) the fol- participants will receive no credit for any tions prescribed by the corporation, take ef- lowing new clause: purpose under the plan for service with any fect not later than 6 months after the date ‘‘(iv) separately, with respect to each plan employer after the date specified in on which the plan is terminated. year, an amount equal to the excess, if any, 4041A(b)(3) or (4), whichever is applicable.’’ ‘‘(c)(1) The value of nonforfeitable benefits of— (4) OTHER AMENDMENTS.—Section 4041A of under a terminated plan described in sub- ‘‘(I) the net increase (if any) in the un- such Act of 1974 (29 U.S.C. 1341a) is amend- section (a), and the value of the plan’s as- funded past service liability resulting from a ed— sets, shall be determined in writing, in ac- reduction in the interest rate under para- (A) in subsection (c)— cordance with regulations prescribed by the graph (6)(A) from the rate which applied for (i) in the matter preceding paragraph (1)— corporation, as of the end of the plan year the preceding year, over (I) by striking ‘‘Except’’ and inserting during which section 4041A(c) becomes appli- ‘‘(II) the amount in the investment risk re- ‘‘Consistent with the provisions of section cable to such plan. duction subaccount under paragraph (9), ‘‘(2) For purposes of this subsection, plan 4281, and except’’; and over a period of 30 years, and’’. (II) by striking ‘‘paragraph (2)’’ and insert- assets include outstanding claims for with- (2) CREDITS TO FUNDING STANDARD AC- ing ‘‘paragraph (1), (2), or (4)’’; drawal liability (within the meaning of sec- COUNT.—Clause (iii) of section 431(b)(3)(B) of (ii) in paragraph (1), by striking ‘‘and’’ at tion 4001(a)(12). such Code is amended by inserting ‘‘, except the end; ‘‘(3) If, according to the determination that any amount of net gain resulting from (iii) by redesignating paragraph (2) as para- made under paragraph (1), the value of plan an increase in the interest rate from the rate graph (3); and assets is sufficient to pay nonforfeitable ben- which applied for the preceding year shall (iv) by inserting after paragraph (1) the fol- efits, the plan sponsor shall use the plan as- first be offset against any unamortized lowing: sets to purchase irrevocable commitments to amounts charged under paragraph (2)(B)(iv)’’ ‘‘(2) suspend the payment of benefits in ex- provide such benefits from an insurer or oth- cess of the level of basic benefits, and’’; erwise distribute plan assets in satisfaction after ‘‘15 plan years’’. (B) by striking subsection (d) and redesig- of the plan’s obligations with respect to non- (3) INTEREST.—Paragraph (6) of section nating subsections (e) and (f) as subsections forfeitable benefits, in accordance with all 431(b) of such Code is amended to read as fol- (d) and (e), respectively; and applicable regulations. lows: (C) in subsection (d), as so redesignated— ‘‘(d)(1) If, according to the determination ‘‘(6) INTEREST.— (i) by striking ‘‘paragraph (1) or (3)’’ and made under subsection (c)(1), the value of ‘‘(A) IN GENERAL.—The funding standard inserting ‘‘paragraph (1), (3), or (4)’’; nonforfeitable benefits exceeds the value of account (and items therein) shall be charged (ii) by striking ‘‘termination date, unless’’ the plan’s assets, the plan sponsor shall or credited (as determined under regulations and inserting ‘‘termination date and the amend the plan to reduce benefits under the prescribed by the Secretary) with interest at total contribution amount shall be not less plan as provided in paragraph (2). the appropriate rate consistent with the rate than the average amount of the highest 3 ‘‘(2) Any plan amendment required by or rates of interest used under the plan to contributions in the previous 10 years, un- paragraph (1) shall, in accordance with regu- determine the unfunded past service liabil- less’’; and lations prescribed by the corporation— ity. Notwithstanding any other provision of (iii) by adding at the end the following new ‘‘(A) reduce benefits to the extent nec- this section, the interest rate used shall not sentence: ‘‘Any liability under section 4201 essary to eliminate any benefits that are not exceed— due by an employer that withdraws from the nonforfeitable; ‘‘(i) 7.5 percent for actuarial valuations for plan after the plan termination date shall be ‘‘(B) reduce accrued benefits to the extent plan years beginning after December 31, 2020, offset by the contributions made under this that those benefits are not eligible for the and before January 1, 2024, subsection subsequent to the plan termi- corporation’s guarantee under section ‘‘(ii) 7.25 percent for actuarial valuations nation.’’. 4022A(b); and for plan years beginning after December 31, (c) POOLING OF ASSETS.—Section 4041A of ‘‘(C) suspend payment of benefits which are 2023, and before January 1, 2028, the Employee Retirement Income Security not basic benefits under section 4022A(c). ‘‘(iii) 7.0 percent for actuarial valuations Act of 1974 (29 U.S.C. 1341a), as amended by ‘‘(e) The powers and duties under this sec- for plan years beginning after December 31, this section, is further amended by adding at tion of a sponsor of a plan that is terminated 2027, and before January 1, 2032, the end the following: as described in section 4041A, before or after ‘‘(iv) 6.75 percent for actuarial valuations ‘‘(g) POOLING OF ASSETS.—Notwithstanding the plan begins receiving financial assist- for plan years beginning after December 31, any other provision of this title, the corpora- ance under section 4261, shall be prescribed 2031, and before January 1, 2036, and tion is authorized to pool assets of termi- by the corporation, and the corporation shall ‘‘(v) 6.5 percent for actuarial valuations for nated or insolvent multiemployer plans with prescribe by regulation the requirements plan years beginning after December 31, 2035. fewer than 5,000 participants or to consoli- which assure that plan participants and Notwithstanding subsection (c), the plan date such plans by merger, for purposes of beneficiaries receive adequate notice of any sponsor may direct the plan actuary to use administration, investment, payment of li- suspension of benefits.’’. any rate which is not lower than the rate de- abilities of all such plans, and such other Subtitle C—Pension Insurance Modeling termined under subparagraph (B) (without purposes as it determinates to be appropriate regard to this sentence) and not greater than SEC. 121. PENSION INSURANCE MODELING. in the administration of this title, if it deter- the rate determined under the preceding sen- Section 40233(a) of the Moving Ahead for mines that such action would reduce admin- tence. for the plan year. Nothing in this sub- Progress in the 21st Century Act (126 Stat. istrative expenses or avoid an increased risk paragraph shall require a plan to take into 857; Public Law 112–141) is amended— of loss. The corporation may exercise this account the interest rate limitation for sub- (1) in the subsection heading, by striking consolidation authority by administrative sequent years under the preceding sentence ‘‘ANNUAL’’; action without petitioning a court for an in determining actuarial valuations as of order to replace the plan’s governing board (2) by striking ‘‘The Pension’’ and insert- any given year. of trustees, including receivership by the ing ‘‘Not later than January 1, 2025, and not ‘‘(B) INTEREST RATE FOR DETERMINING NOR- corporation, or to consolidate or merge any less frequently than once every 5 years MAL COST.—Notwithstanding any other pro- plans.’’. thereafter, the Pension’’; vision of this section, the interest rate used (d) EFFECTIVE DATE.—The amendments (3) by striking ‘‘an annual peer review’’ for determining the normal cost to be made by this section shall take effect on the and inserting ‘‘a peer review’’; and charged under paragraph (2) for the plan year date of enactment of this section, except (4) by striking the third sentence. that the amendments made by subsection (b) shall be equal to the least of— TITLE II—FUNDING RULES, WITHDRAWAL ‘‘(i) the interest rate applicable under sub- shall also apply to multiemployer plans that LIABILITY, AND OTHER REFORMS are insolvent on such date. paragraph (A) for the plan year, Subtitle A—Minimum Funding Standard for SEC. 114. BENEFITS UNDER CERTAIN TERMI- ‘‘(ii) a rate equal to the 24-month average NATED PLANS. Multiemployer Plans of the third segment rate (as defined in sec- Section 4281 of the Employee Retirement SEC. 201. VALUATION OF PLAN LIABILITIES. tion 430(h)(2)(C)(iii)), as of the date the deter- Income Security Act of 1974 (29 U.S.C. 1441) is (a) AMENDMENTS TO INTERNAL REVENUE mination is made, without regard to section amended— CODE OF 1986.— 430(h)(2)(C)(iv), increased by 2 percent, or (1) in subsection (a), by striking ‘‘section (1) CHARGES TO FUNDING STANDARD AC- ‘‘(iii) 5.5 percent. 4041A(d)’’ and inserting ‘‘Section 4041A(c)’’; COUNT.—Subparagraph (B) of section 431(b)(2) ‘‘(C) EXCEPTION FOR CERTAIN PARTITIONED (2) by striking subsections (b), (c), and (d); of the Internal Revenue Code of 1986 is PLANS.—Notwithstanding subparagraph (A), and amended— in the case of a plan which has been parti- (3) by inserting after subsection (a) the fol- (A) by striking ‘‘and’’ at the end of clause tioned under section 4233A of the Employee lowing: (iii), Retirement Income Security Act of 1974, the ‘‘(b)(1) If a plan has been terminated pursu- (B) by redesignating clause (iv) as clause rate of interest used to determine normal ant to paragraph (1), (2), or (4) of section (v), cost under subparagraph (B) shall also be

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7599 used to determine the unfunded past service od used to determine costs under the plan ‘‘(i) the interest rate applicable under sub- liability of the plan. and based on the interest rate under sub- paragraph (A) for the plan year, ‘‘(D) EXCEPTION FOR PLANS USING A SPREAD- section (b)(6)(B).’’. ‘‘(ii) a rate equal to the 24-month average GAIN METHOD.—Notwithstanding subpara- (b) AMENDMENTS TO EMPLOYEE RETIREMENT of the third segment rate (as defined in sec- graph (B), and except as noted in subpara- INCOME SECURITY ACT OF 1974.— tion 303(h)(2)(C)(iii)), as of the date the deter- graph (C), in the case of a plan which uses a (1) CHARGES TO FUNDING STANDARD AC- mination is made, without regard to section funding method other than the unit credit COUNT.—Subparagraph (B) of section 304(b)(2) 303(h)(2)(C)(iv), increased by 2 percent, or method or entry-age normal method— of the Employee Retirement Income Secu- ‘‘(iii) 5.5 percent. ‘‘(i) the normal cost and past service liabil- rity Act of 1974 (29 U.S.C. 1084(b)(2)) is ‘‘(C) EXCEPTION FOR CERTAIN PARTITIONED ity shall be calculated using interest rates amended— PLANS.—Notwithstanding subparagraph (A), under subparagraph (A), (A) by striking ‘‘and’’ at the end of clause in the case of a plan which has been parti- ‘‘(ii) an additional normal cost component (iii), tioned under section 4233A, the rate of inter- shall be calculated in the same manner as (B) by redesignating clause (iv) as clause est used to determine normal cost under sub- under paragraph (9)(B)(i) based on the unit (v), paragraph (B) shall also be used to determine credit method, and (C) by striking ‘‘actuarial assumptions’’ in the unfunded past service liability of the ‘‘(iii) the amount determined under clause clause (v), as so redesignated, and inserting plan. (ii) shall be added to the otherwise cal- ‘‘actuarial assumptions not described in ‘‘(D) EXCEPTION FOR PLANS USING A SPREAD- culated normal cost under the funding meth- clause (iv)’’, and GAIN METHOD.—Notwithstanding subpara- od in lieu of the credit under paragraph (D) by inserting after clause (iii) the fol- graph (B), and except as noted in subpara- (9)(B)(i).’’. lowing new clause: graph (C), in the case of a plan which uses a (4) INVESTMENT RISK REDUCTION SUB- ‘‘(iv) separately, with respect to each plan funding method other than the unit credit ACCOUNT.—Subsection (b) of section 431 of year, an amount equal to the excess, if any, method or entry-age normal method— such Code is amended by adding at the end of— ‘‘(i) the normal cost and past service liabil- the following new paragraph: ‘‘(I) the net increase (if any) in the un- ity shall be calculated using interest rates ‘‘(9) INVESTMENT RISK REDUCTION SUB- funded past service liability resulting from a under subparagraph (A), ACCOUNT.—For purposes of this part— reduction in the interest rate under para- ‘‘(ii) an additional normal cost component ‘‘(A) IN GENERAL.—The funding standard graph (6)(A) from the rate which applied for shall be calculated in the same manner as account shall include an investment risk re- the preceding year, over under paragraph (9)(B)(i) based on the unit duction subaccount used solely to offset ‘‘(II) the amount in the investment risk re- credit method, and losses attributable to reductions in the rate duction subaccount under paragraph (9), ‘‘(iii) the amount determined under clause of interest used to determine the unfunded over a period of 30 years, and’’. (ii) shall be added to the otherwise cal- past service liability of the plan over time. (2) CREDITS TO FUNDING STANDARD AC- culated normal cost under the funding meth- ‘‘(B) ANNUAL ADJUSTMENTS.—For a plan COUNT.—Clause (iii) of section 304(b)(3)(B) of od in lieu of the credit under paragraph year, the investment risk reduction sub- such Act (29 U.S.C. 1084(b)(3)(B)) is amended (9)(B)(i).’’. account shall be— by inserting ‘‘, except that any amount of (B) CONFORMING AMENDMENT.—Subpara- ‘‘(i) credited with the net change (if any) in net gain resulting from an increase in the in- graph (A) of section 4233A(h)(4) of such Act, the normal cost for the immediately pre- terest rate from the rate which applied for as added by this Act, is amended by inserting ceding plan year due to recalculation to re- the preceding year shall first be offset ‘‘, consistent with section 304(b)(6)(C)’’ before flect the difference in interest rates under against any unamortized amounts charged the period. paragraphs (6)(A) and (6)(B), under paragraph (2)(B)(iv)’’ after ‘‘15 plan (4) INVESTMENT RISK REDUCTION SUB- ‘‘(ii) charged with the amount of any re- years’’. ACCOUNT.—Subsection (b) of section 304 of duction applied under paragraph (3) INTEREST.— such Act (29 U.S.C. 1084) is amended by add- (2)(B)(iv)(II), or, in the case of a plan using a (A) IN GENERAL.—Paragraph (6) of section ing at the end the following new paragraph: spread-gain method, an amount equal to the 304(b) of such Act (29 U.S.C. 1084(b)) is ‘‘(9) INVESTMENT RISK REDUCTION SUB- lesser of— amended to read as follows: ACCOUNT.—For purposes of this part— ‘‘(I) the entire remaining balance of such ‘‘(6) INTEREST.— ‘‘(A) IN GENERAL.—The funding standard subaccount immediately before the charge, ‘‘(A) IN GENERAL.—The funding standard account shall include an investment risk re- or account (and items therein) shall be charged duction subaccount used solely to offset ‘‘(II) the amount of the increase in the or credited (as determined under regulations losses attributable to reductions in the rate present value of benefits resulting from a de- prescribed by the Secretary) with interest at of interest used to determine the unfunded crease in the interest rate from the rate the appropriate rate consistent with the rate past service liability of the plan over time. which applied for the preceding year, or rates of interest used under the plan to ‘‘(B) ANNUAL ADJUSTMENTS.—For a plan ‘‘(iii) at the election of the plan sponsor, determine the unfunded past service liabil- year, the investment risk reduction sub- and pursuant to regulations to be issued by ity. Notwithstanding any other provision of account shall be— the Secretary, credited with the net decrease this section, this interest rate shall not ex- ‘‘(i) credited with the net change (if any) in in the unfunded past service liability (or ceed— the normal cost for the immediately pre- present value of benefits, in the case of a ‘‘(i) 7.5 percent for actuarial valuations for ceding plan year due to recalculation to re- plan using a spread-gain method) resulting plan years beginning after December 31, 2020, flect the difference in interest rates under from an increase in the interest rate under and before January 1, 2024, paragraphs (6)(A) and (6)(B), paragraph (6)(A), not to exceed the amount ‘‘(ii) 7.25 percent for actuarial valuations ‘‘(ii) charged with the amount of any re- of any previous charges to the account under for plan years beginning after December 31, duction applied under paragraph clause (ii), reduced by any previous credits 2023, and before January 1, 2028, (2)(B)(iv)(II), or, in the case of a plan using a under this clause, and ‘‘(iii) 7.0 percent for actuarial valuations spread-gain method, an amount equal to the ‘‘(iv) adjusted with interest at the rate for plan years beginning after December 31, lesser of— under paragraph (6)(A), as applicable.’’. 2027, and before January 1, 2032, ‘‘(I) the entire remaining balance of such (5) DETERMINATIONS TO BE MADE UNDER ‘‘(iv) 6.75 percent for actuarial valuations subaccount immediately before the charge, FUNDING METHOD.—Paragraph (1) of section for plan years beginning after December 31, or 431(c) of such Code is amended to read as fol- 2031, and before January 1, 2036, and ‘‘(II) the amount of the increase in the lows: ‘‘(v) 6.5 percent for actuarial valuations for present value of benefits resulting from a de- ‘‘(1) DETERMINATIONS TO BE MADE UNDER plan years beginning after December 31, 2035. crease in the interest rate from the rate FUNDING METHOD.— Notwithstanding subsection (c), the plan which applied for the preceding year, ‘‘(A) IN GENERAL.—For purposes of this sponsor may direct the plan actuary to use ‘‘(iii) at the election of the plan sponsor, part, normal costs, accrued liability, and ex- any rate which is not lower than the rate de- and pursuant to regulations to be issued by perience gains and losses used to determine termined under subparagraph (B) (without the Secretary of the Treasury, credited with the unfunded past service liability for the regard to this sentence) and not greater than the net decrease in the unfunded past service plan shall be determined under the funding the rate determined under the preceding sen- liability (or present value of benefits, in the method used to determine costs under the tence. for the plan year. Nothing in this sub- case of a plan using a spread-gain method) plan and based on the interest rate under paragraph shall require a plan to take into resulting from an increase in the interest subparagraph (A) (or subparagraph (C), if ap- account the interest rate limitation for sub- rate under paragraph (6)(A), not to exceed plicable) of subsection (b)(6). sequent years under the preceding sentence the amount of any previous charges to the ‘‘(B) ADJUSTMENTS FOR FUNDING STANDARD in determining actuarial valuations as of account under clause (ii), reduced by any ACCOUNT NORMAL COST.—Notwithstanding any given year. previous credits under this clause, and subparagraph (A), in the case of a plan using ‘‘(B) INTEREST RATE FOR DETERMINING NOR- ‘‘(iv) adjusted with interest at the rate the unit credit funding method or the entry- MAL COST.—Notwithstanding any other pro- under paragraph (6)(A), as applicable.’’. age normal funding method, the normal cost vision of this section, the interest rate used (5) DETERMINATIONS TO BE MADE UNDER for a plan year to be charged to the funding for determining the normal cost to be FUNDING METHOD.—Paragraph (1) of section standard account under subsection (b)(2) charged under paragraph (2) for the plan year 304(c) of such Act (29 U.S.C. 1084(c)) is amend- shall be determined under the funding meth- shall be equal to the least of— ed to read as follows:

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‘‘(1) DETERMINATIONS TO BE MADE UNDER (2) RULES OF IMMEDIATE APPLICATION.—Sec- tion of the agreement would have an adverse FUNDING METHOD.— tion 432 of such Code is amended— financial effect on the plan.’’. ‘‘(A) IN GENERAL.—For purposes of this (A) by redesignating subsections (c), (d), (3) STABLE AND UNRESTRICTED PLANS.—Sub- part, normal costs, accrued liability, and ex- (e), (f), (g), (h), (i), and (j) as subsections (d), section (b) of section 432 of such Code is perience gains and losses used to determine (e), (f), (g), (h), (i), (j), and (k), respectively, amended— the unfunded past service liability for the and (A) by striking ‘‘ENDANGERED AND CRIT- plan shall be determined under the funding (B) by inserting after subsection (b) the ICAL’’ in the heading, method used to determine costs under the following new subsection: (B) by redesignating paragraphs (1), (2), (3), plan and based on the interest rate under ‘‘(c) RULES APPLYING TO ALL MULTIEM- (4), (5), and (6) as paragraphs (2), (3), (4), (5), subparagraph (A) (or subparagraph (C), if ap- PLOYER PLANS.— (6), and (7), respectively, and plicable) of subsection (b)(6). ‘‘(1) BENEFIT INCREASES.— (C) by inserting before paragraph (2) the ‘‘(B) ADJUSTMENTS FOR FUNDING STANDARD ‘‘(A) INCREASES BY PLAN AMENDMENT.—The following new paragraph: ACCOUNT NORMAL COST.—Notwithstanding plan sponsor of any multiemployer plan shall ‘‘(1) STABLE AND UNRESTRICTED STATUS.— subparagraph (A), in the case of a plan using not adopt a plan amendment which increases ‘‘(A) STABLE.—A multiemployer plan is in the unit credit funding method or the entry- plan liabilities (as determined as of the date stable status for a plan year if, as deter- age normal funding method, the normal cost of the adoption of the amendment) due to mined by the plan actuary under paragraph for a plan year to be charged to the funding any increase in benefits, any change in the (4), the plan is not in unrestricted status for standard account under subsection (b)(2) accrual rate of benefits, or any change in the the plan year, is not in endangered, critical, shall be determined under the funding meth- rate at which benefits become nonforfeit- or critical and declining status for the plan od used to determine costs under the plan able, unless— year, and is not described in paragraph (6). and based on the interest rate under sub- ‘‘(i) if the plan is in unrestricted status as ‘‘(B) UNRESTRICTED.—A multiemployer section (b)(6)(B).’’. of the adoption of such amendment, the plan plan is in unrestricted status for a plan year (c) PLAN PETITIONS TO INCREASE INTEREST ASSUMPTIONS.— actuary certifies in accordance with sub- if, as determined by the plan actuary under (1) IN GENERAL.—Pursuant to regulations section (b)(4) that the increase in liabilities paragraph (4)— to be issued by the Secretary of the Treasury will not cause the plan to no longer be in un- ‘‘(i) the plan is not in endangered, critical, (or such Secretary’s delegate), a multiem- restricted status, or critical and declining status for the plan ployer plan must petition the Secretary of ‘‘(ii) if the plan is in stable status as of the year, the Treasury (or delegate) for any increase adoption of such amendment, the plan actu- ‘‘(ii) the plan is not described in paragraph in the interest assumption made after a 30- ary certifies in accordance with subsection (6), and year amortization base is established in ac- (b)(4) that any such increase or change in ‘‘(iii) as of the beginning of the plan year— cordance with section 431(b)(2)(B)(iv) of the benefits will be paid from additional con- ‘‘(I) the plan’s current liability funded per- Internal Revenue Code of 1986 and section tributions not required by any collective centage for such plan year is at least 70 per- 304(b)(2)(B)(iv) of the Employee Retirement bargaining agreement in effect as of the cent and the plan’s projected funded percent- Income Security Act of 1974 (as added by this adoption of the amendment, age as of the first day of the 15th succeeding Act). The Secretary of the Treasury (or dele- ‘‘(iii) if the plan is in endangered status as plan year is at least 115 percent, or gate) shall approve such request upon a de- of the adoption of such amendment, the plan ‘‘(II) the plan’s current liability funded termination that the change is reasonably actuary certifies in accordance with sub- percentage for such plan year is at least 80 supported by changes in the financial mar- section (b)(4) that any such increase or percent. kets or changes in the plan’s asset alloca- change in benefits will be paid from addi- ‘‘(C) CURRENT LIABILITY FUNDED PERCENT- tion, and is consistent with the manner in tional contributions not contemplated in AGE.—For purposes of this section, the term which prior changes in interest rate assump- any current funding improvement plan, or ‘current liability funded percentage’ means tions were determined since the date of the ‘‘(iv) the increase or change in benefits is the percentage equal to a fraction the nu- enactment of this Act. required by law or is a de minimis change. merator of which is the value of plan assets (2) APPROVAL.—If the Secretary of the ‘‘(B) INCREASES UNDER CRITICAL OR CRITICAL (as determined for purposes of section Treasury (or such Secretary’s delegate) does AND DECLINING STATUS.—Unless required as a 431(c)(6)(A)(ii)(II)) and the denominator of not approve or deny any petition submitted condition of qualification under part I of this which is the current liabilities of the plan pursuant to paragraph (1) within 180 days of subchapter or to comply with other applica- (as defined in section 431(c)(6)(D)).’’. receiving such petition, such petition shall ble law, in the case of a plan which is in crit- (4) AMENDMENT TO ANNUAL CERTIFICATION be deemed to have been approved. ical or critical and declining status, no in- BY PLAN ACTUARY.—Subparagraph (A) of (d) EFFECTIVE DATE.—The amendments crease in benefits, change in the accrual rate paragraph (4) (as redesignated by paragraph made by this section shall apply to plan of benefits, or change in the rate at which (3)) of section 432(b) of such Code is amended years beginning after December 31, 2020. benefits become nonforfeitable which in- by inserting ‘‘whether or not the plan is in Subtitle B—Additional Funding Rules for creases plan liabilities shall take effect unrestricted or stable status for such plan Multiemployer Plans while the plan is in such status, without re- year,’’ in clause (i) before ‘‘whether or not PART I—PLAN STATUS AMENDMENTS gard to whether such increase or change the plan is in endangered status’’. SEC. 211. AMENDMENTS TO INTERNAL REVENUE would otherwise occur under the provisions (5) CONFORMING AMENDMENTS.— CODE OF 1986. of the plan, unless the increase in plan liabil- (A) Paragraphs (2) and (3) of section 432(b) (a) RULES APPLYING TO ALL MULTIEM- ities due to the change is de minimis. of such Code, as redesignated by paragraph PLOYER PLANS.— ‘‘(2) CONTRIBUTION REDUCTIONS.—The plan (3), are each amended by striking ‘‘paragraph (1) IN GENERAL.—Subsection (a) of section sponsor of any multiemployer plan shall not (3)’’ and inserting ‘‘paragraph (4)’’. 432 of the Internal Revenue Code of 1986 is accept any collective bargaining agreement (B) Section 432(b)(2) of such Code, as so re- amended— or participation agreement which reduces designated and amended, is further amended (A) by striking ‘‘a multiemployer plan in the rate of contributions under the plan for by striking ‘‘paragraph (5)’’ and inserting effect on July 16, 2006—’’ and inserting ‘‘any any participants, suspends contributions ‘‘paragraph (6)’’. multiemployer plan—’’, with respect to any period of service, or di- (C) Section 432(b)(4) of such Code, as so re- (B) by redesignating paragraphs (1), (2), rectly or indirectly excludes younger, proba- designated, is amended— and (3) as paragraphs (2), (3), and (4), respec- tionary, or newly hired employees from par- (i) by striking ‘‘paragraph (4)’’ in subpara- tively, ticipation in the plan, unless— graph (B)(iv) thereof and inserting ‘‘para- (C) by inserting before paragraph (2), as so ‘‘(A) the plan is in unrestricted status as of graph (5)’’, redesignated, the following new paragraph: the adoption of such agreement and the plan (ii) by striking ‘‘subsection (e)(9)’’ both ‘‘(1) the rules of subsection (c) shall actuary certifies in accordance with sub- places it appears in subparagraph (B)(v) and apply,’’, section (b)(4) that the reduction in contribu- inserting ‘‘subsection (f)(9)’’, (D) by striking ‘‘subsection (c)’’ in para- tions will not cause the plan to no longer be (iii) by striking ‘‘subsection (e)(3)(A)(ii)’’ graph (2)(A), as so redesignated, and insert- in unrestricted status, in subparagraph (B)(v) and inserting ‘‘sub- ing ‘‘subsection (d)’’, ‘‘(B) the reduction in contributions is ac- section (f)(3)(A)(ii)’’, (E) by striking ‘‘subsection (d)’’ in para- companied by a reduction in future accruals (iv) by striking ‘‘subsection (e)’’ in sub- graph (2)(B), as so redesignated, and insert- for the affected participants, and the plan paragraph (B)(v) and inserting ‘‘subsection ing ‘‘subsection (e)’’, actuary certifies in accordance with sub- (f)’’, (F) by striking ‘‘subsection (e)’’ in para- section (b)(4) that the combined effect of the (v) by striking ‘‘paragraph (4)’’ each place graph (3)(A), as so redesignated, and insert- changes in contributions and benefits is not it appears in subparagraphs (D)(i) and (D)(v) ing ‘‘subsection (f)’’, projected to reduce the funded percentage of thereof and inserting ‘‘paragraph (5)’’, (G) by striking ‘‘subsection (f)’’ in para- the plan in any year, or (vi) by striking ‘‘subsection (e)(8)’’ in sub- graph (3)(B), as so redesignated, and insert- ‘‘(C) subject to regulations issued by the paragraph (D)(ii)(I) thereof and inserting ing ‘‘subsection (g)’’, and Secretary, the plan sponsor reasonably de- ‘‘subsection (f)(8)’’, (H) by striking ‘‘subsection (e)(9)’’ in para- termines that the acceptance of such an (vii) by striking ‘‘paragraph (5)’’ in sub- graph (4)(B), as so redesignated, and insert- agreement is in the best interests of plan paragraph (D)(iii) thereof and inserting ing ‘‘subsection (f)(9)’’. participants and beneficiaries and that rejec- ‘‘paragraph (6)’’, and

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7601 (viii) by striking ‘‘(iii) In the case of’’ in (iii) by striking ‘‘subsection (e)(7)’’ in para- ‘‘(i) increases in the contribution rate dis- subparagraph (D)(iii) thereof and inserting graph (2) thereof and inserting ‘‘subsection regarded pursuant to paragraph (3) shall con- ‘‘(iii) SPECIAL RULE.—’’. (f)(7)’’, and tinue to be disregarded in determining the (D) Section 432(b)(5) of such Code, as redes- (iv) by striking ‘‘rehabilitation plan’’ and highest contribution rate under section ignated by paragraph (3), is amended— all that follows in paragraph (3)(B) thereof 4219(c) of such Act for plan years during (i) by striking ‘‘paragraph (2)’’ and insert- and inserting ‘‘rehabilitation plan. The pre- which the plan was in endangered or critical ing ‘‘paragraph (3)’’, ceding sentence shall not apply to any in- status, and (ii) by striking ‘‘paragraph (3)(B)(iv)’’ and crease in contribution requirements due to ‘‘(ii) the highest contribution rate for pur- inserting ‘‘paragraph (4)(B)(iv)’’, increased levels of work, employment, or pe- poses of such section shall be the greater of— (iii) by striking ‘‘paragraph (3)’’ in sub- riods for which compensation is provided, ex- ‘‘(I) the sum of— paragraph (A) thereof and inserting ‘‘para- cept to the extent such an increase is used to ‘‘(aa) the employer’s contribution rate as graph (4)’’, provide an increased accrual rate of benefits of the later of the last day of the last plan (iv) by striking ‘‘paragraph (3)(A)’’ in sub- or change in the rate at which benefits be- year ending before December 31, 2014, and the paragraph (A) thereof and inserting ‘‘para- come nonforfeitable which increases plan li- last day of the plan year for which the em- graph (4)(A)’’, abilities.’’. ployer first had an obligation to contribute (v) by striking ‘‘paragraph (2)’’ in subpara- (Q) Section 432(i) of such Code, as so redes- to the plan, and graph (B) thereof and inserting ‘‘paragraph ignated, is amended— ‘‘(bb) any contribution increases deter- (3)’’, and (i) by striking ‘‘subsection (c)’’ and insert- mined in accordance with this section after (vi) by striking ‘‘subsection (e)(4)(B)’’ in ing ‘‘subsection (d)’’, and such later date and before the date the em- subparagraph (C) thereof and inserting ‘‘sub- (ii) by striking ‘‘subsection (e)’’ and insert- ployer withdraws from the plan, or section (f)(4)(B)’’. ing ‘‘subsection (f)’’. ‘‘(II) the highest contribution rate for any (E) Section 432(b)(6)(A) of such Code, as so (R) Section 432(j)(2) of such Code, as so re- plan year after the plan year which includes redesignated, is amended— designated, is amended by striking ‘‘sub- the earlier of— (i) by striking ‘‘paragraph (3)(A)’’ and in- sections (c) and (e)’’ and inserting ‘‘sub- ‘‘(aa) the expiration date of the first col- serting ‘‘paragraph (4)(A)’’, sections (d) and (f)’’. lective bargaining agreement applicable to (ii) by striking ‘‘paragraph (1)(A)’’ and in- (S) Section 412(b)(3) of such Code is amend- the withdrawing employer requiring plan serting ‘‘paragraph (2)(A)’’, and ed by striking ‘‘section 432(e)’’ and inserting contributions which expires after the plan is (iii) by striking ‘‘paragraph (1)(B)’’ and in- ‘‘section 432(f)’’. no longer in endangered or critical status, or serting ‘‘paragraph (2)(B)’’. (T) Section 418E of such Code, as amended ‘‘(bb) the date as of which the withdrawing (F) Section 432(b)(7) of such Code, as so re- by this Act, is further amended— employer negotiated a contribution rate ef- designated, is amended by striking ‘‘para- (i) by striking ‘‘432(b)(2)’’ each place it ap- fective after the plan year in which the plan graph (2)’’ and inserting ‘‘paragraph (3)’’. pears in subsections (c)(1), (c)(2), (d)(1), and is no longer in endangered or critical sta- (G) Paragraphs (1)(A), (4)(A)(ii), (4)(C)(i), (d)(2), as redesignated by section 112, and in- tus.’’. (4)(C)(ii), (4)(D), (5)(A)(i), (5)(B), and (8) of serting ‘‘432(b)(3)’’, and (7) EFFECTIVE DATE.—The amendments subsection (d), and subsections (e)(2), (ii) by striking ‘‘432(e)(9)’’ in subsection made by this subsection shall take effect on (f)(1)(A), (f)(4)(B)(i), (f)(4)(B)(ii)(I), (f)(5), and (g), as so redesignated, and inserting the date of the enactment of this Act. (g)(3) of section 432 of such Code, as respec- ‘‘432(f)(9)’’. tively redesignated by paragraph (2), are (U) Section 4971(g) of such Code is amend- (b) DETERMINATION OF ENDANGERED STA- each amended by striking ‘‘subsection ed— TUS.—Paragraph (2) of section 432(b) of the (b)(3)(A)’’ and inserting ‘‘subsection (i) by striking ‘‘432(e)’’ in paragraph Internal Revenue Code of 1986, as redesig- (b)(4)(A)’’. (3)(B)(i) and inserting ‘‘432(f)’’, nated by subsection (a)(3), is amended to (H) Section 432(d)(3)(A)(i)(I) of such Code, (ii) by striking ‘‘432(b)(3)(A)(ii)’’ in para- read as follows: as so redesignated, is amended by striking graph (3)(B)(ii) and inserting ‘‘(2) ENDANGERED STATUS.—A multiem- ‘‘paragraph (b)(3)’’ and inserting ‘‘subsection ‘‘432(b)(4)(A)(i)(II)’’, ployer plan is in endangered status for a plan (b)(4)’’. (iii) by striking ‘‘432(e)(1)(A)’’ in paragraph year if, as determined by the plan actuary (I) Section 432(d)(4)(D) of such Code, as so (4)(B)(ii) and inserting ‘‘432(f)(1)(A)’’, and under paragraph (5), the plan is not in crit- redesignated, is amended by striking ‘‘sub- (iv) by striking ‘‘432(j)(9)’’ in paragraph ical or declining status for the plan year and section (d)’’ and inserting ‘‘subsection (e)’’. (4)(C)(ii) and inserting ‘‘432(k)(9)’’. is not described in paragraph (7), and, as of (J) Section 432(e) of such Code, as so redes- (V) Subsection (c)(1) of section 4980I of the beginning of the plan year— ignated, is amended to read as follows: such Code, as added by this Act, is amended ‘‘(A) the plan’s funded percentage for such ‘‘(e) RULES FOR OPERATION OF PLAN DURING by adding at the end the following: ‘‘Such plan year is less than 80 percent, ADOPTION AND IMPROVEMENT PERIODS.—A term shall not include such an original plan ‘‘(B) the plan is projected to have an accu- plan may not be amended after the date of for any plan year in which the plan is in un- mulated funding deficiency for any of the 9 the adoption of a funding improvement plan restricted status (as defined in section succeeding plan years, taking into account under subsection (d) so as to be inconsistent 432(b)(1)(B)).’’. any extension of amortization periods under with the funding improvement plan or the (W) The heading of section 432 of such Code section 431(d), or requirements of subsection (c).’’. is amended by striking ‘‘IN ENDANGERED STA- ‘‘(C) the plan’s projected funded percentage (K) Clauses (i)(I) and (ii)(I) of section TUS OR CRITICAL STATUS’’. as of the first day of the 15th succeeding plan 432(f)(4)(B) of such Code, as so redesignated, (6) WITHDRAWAL LIABILITY DETERMINATION year is less than 100 percent.’’. are each amended by striking ‘‘subsection FOR PLANS EMERGING FROM ENDANGERED OR (c) DETERMINATION OF CRITICAL STATUS.— (b)(2)’’ and inserting ‘‘subsection (b)(3)’’. CRITICAL STATUS.—Section 432(h) of such Paragraph (3) of section 432(b) of the Internal (L) Subsections (f)(8)(A)(ii) and (g)(2)(A) of Code, as redesignated by paragraph (2) and as Revenue Code of 1986, as redesignated by sub- section 432 of such Code, as so redesignated, amended by paragraph (5), is further amend- section (a)(3), is amended to read as follows: are each amended by striking ‘‘subsection ed by striking paragraph (4) and by inserting ‘‘(3) CRITICAL STATUS.— (b)(3)(D)’’ and inserting ‘‘subsection after paragraph (3) the following new para- ‘‘(A) IN GENERAL.—A multiemployer plan is (b)(4)(D)’’. graph: in critical status for a plan year if, as deter- (M) Section 432(f)(9)(J) of such Code, as so ‘‘(4) EMERGENCE FROM ENDANGERED OR CRIT- mined by the plan actuary under paragraph redesignated, is amended— ICAL STATUS.— (5), the plan is not in declining status for the (i) by striking ‘‘subsection (b)(3)’’ and in- ‘‘(A) IN GENERAL.—In the case of increases plan year and, as of the beginning of the plan serting ‘‘subsection (b)(4)’’, and in the contribution rate (or other increases year— (ii) by striking ‘‘paragraphs (1) and (2)’’ in in contribution requirements unless due to ‘‘(i) the plan’s funded percentage is less clause (i) thereof and inserting ‘‘paragraphs increased levels of work, employment, or pe- than 65 percent, (2) and (3)’’. riods for which compensation is provided) ‘‘(ii) the plan has an accumulated funding (N) Subparagraphs (A) and (B) of section disregarded pursuant to paragraph (3), this deficiency for the plan year, or is projected 432(g)(1) of such Code, as so redesignated, are subsection shall cease to apply as of the to have such an accumulated funding defi- each amended by striking ‘‘subsection (e)’’ later of— ciency for any of the 6 succeeding plan years, and inserting ‘‘subsection (f)’’. ‘‘(i) the end of the first plan year following taking into account any extension of amorti- (O) Paragraph (2)(A) of section 432(g) of the plan year in which the plan is no longer zation periods under section 431(d), or such Code, as so redesignated, is amended by in endangered or critical status, or ‘‘(iii) the plan’s projected funded percent- striking ‘‘(b)(3)(D)’’ and inserting ‘‘(b)(4)(D)’’. ‘‘(ii) the end of the plan year which in- age as of the first day of the 15th succeeding (P) Section 432(h) of such Code, as so redes- cludes the expiration date of the first collec- plan year is less than 80 percent. ignated, is amended— tive bargaining agreement requiring plan ‘‘(B) ORIGINAL PLANS.—Notwithstanding (i) by striking ‘‘subsection (e)(8) or (f)’’ in contributions which expires after the plan is subparagraph (A), a multiemployer plan paragraph (1) thereof and inserting ‘‘sub- no longer in endangered or critical status. which is an original plan pursuant to section section (f)(8) or (g)’’, ‘‘(B) HIGHEST CONTRIBUTION RATE.—Not- 4233A(d)(3) of the Employee Retirement In- (ii) by striking ‘‘subsection (e)(9)’’ in para- withstanding subparagraph (A), once the come Security Act of 1974 shall be treated as graph (1) thereof and inserting ‘‘subsection plan emerges from endangered or critical being in critical status for the period of 15 (f)(9)’’, status— consecutive plan years beginning with the

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plan year that includes the date of the parti- (II) by striking ‘‘paragraph (5)’’ each place ‘‘(1) IN GENERAL.—In any case in which a tion under such section 4233A.’’. it appears in subparagraphs (D)(i) and (D)(vi) multiemployer plan is in declining status for thereof and inserting ‘‘paragraph (6)’’, and a plan year, the plan sponsor, in accordance (d) DECLINING STATUS.— (III) by striking ‘‘paragraph (6)’’ in sub- with this subsection— (1) IN GENERAL.— (A) The following provisions of section 432 paragraph (D)(iv) thereof and inserting ‘‘(A) shall adopt a solvency plan not later ‘‘paragraph (7)’’. of the Internal Revenue Code of 1986 are each than 240 days following the required date for (iv) Section 432(b)(6) of such Code, as so amended by striking ‘‘critical and declining’’ the actuarial certification of declining sta- further redesignated and amended, is further each place it appears and inserting ‘‘declin- tus under subsection (b)(5)(A), and amended— ing’’: ‘‘(B) within 30 days after the adoption of (I) by striking ‘‘paragraph (4)(B)(iv)’’ and (i) Subsection (a)(4) (as redesignated by the solvency plan shall provide to the bar- inserting ‘‘paragraph (5)(B)(iv)’’, subsection (a)(1)). gaining parties 1 or more schedules showing (II) by striking ‘‘paragraph (4)’’ in subpara- (ii) Subparagraphs (A) and (B)(i) of sub- revised benefit structures, revised contribu- graph (A) thereof and inserting ‘‘paragraph section (b)(1), as added by subsection (a)(3). tion structures, or both, which, if adopted, (5)’’, and (iii) Subsection (b)(4)(B)(v) (as redesig- may reasonably be expected to enable the (III) by striking ‘‘paragraph (4)(A)’’ in sub- nated by subsection (a)(3)), and the heading multiemployer plan to meet the require- paragraph (A) thereof and inserting ‘‘para- thereof. ments of paragraph (3), including— graph (5)(A)’’. ‘‘(i) one default proposal under which— (iv) Paragraph (1)(B), and the heading of (v) Section 432(b)(7)(A) of such Code, as so such paragraph (1)(B), of subsection (c), as ‘‘(I) all adjustable benefits in the form of further redesignated and amended, is further early retirement subsidies (including early added by subsection (a)(2). amended— (v) The heading of paragraph (9) of sub- reduction factors which are not provided on (I) by striking ‘‘paragraph (4)(A)’’ and in- an actuarially equivalent basis) under the section (f) (as redesignated by subsection serting ‘‘paragraph (5)(A)’’, and (a)(2)). plan are eliminated, and (II) by striking ‘‘either paragraph (2)(A) or ‘‘(II) the future monthly benefit accrual (vi) Subparagraphs (A), (C), (G)(i), and (J) paragraph (2)(B)’’ and inserting ‘‘any sub- of subsection (f)(9) (as so redesignated). rate under the plan is reduced to the equiva- paragraph of paragraph (2)’’. lent of 1 percent of annual contributions (or, (vii) Subsection (h)(1) (as so redesignated). (vi) Section 432(b)(7)(B) of such Code, as so if lower, the current accrual rate) based on (B) Section 418E(g) of such Code, as amend- further redesignated, is amended by striking the contribution rate in effect as of the later ed by section 112 and subsection (a), is fur- ‘‘critical or endangered’’ and inserting ‘‘en- of the first day of the plan year in which the ther amended by striking ‘‘critical and de- dangered, critical, or declining’’. plan enters declining status or the date of a clining status’’ and inserting ‘‘declining sta- (vii) Paragraphs (1)(A), (4)(A)(ii), (4)(C)(i), partition under section 4233A of the Em- tus’’. (4)(C)(ii), (4)(D), and (8) of subsection (d), and ployee Retirement Income Security Act of (2) DETERMINATION OF DECLINING STATUS.— subsections (f)(1)(A), (f)(4)(B)(i), 1974, and (A) IN GENERAL.—Subsection (b) of section (f)(4)(B)(ii)(I), (f)(5), and (g)(3) of section 432 which may also include reduction or elimi- 432 of such Code is amended— of such Code, as redesignated and amended nation of any other adjustable benefits under (i) by striking paragraph (7), as redesig- by subsection (a), are each further amended the plan, and nated by subsection (a)(3), by striking ‘‘subsection (b)(4)(A)’’ and insert- ‘‘(ii) any additional schedules which reduce (ii) by redesignating paragraphs (4), (5), ing ‘‘subsection (b)(5)(A)’’. or eliminate adjustable benefits under the and (6), as so redesignated, as paragraphs (5), (viii) Section 432(d)(3)(A)(i)(I) of such Code, plan which the plan sponsor deems appro- (6), and (7), respectively, and as so redesignated and amended, is further priate to provide as an alternative to the de- (iii) by inserting after paragraph (3), as so amended by striking ‘‘subsection (b)(4)’’ and fault proposal. redesignated, the following new paragraph: inserting ‘‘subsection (b)(5)’’. No schedule provided to or adopted by the ‘‘(4) DECLINING STATUS.—A multiemployer (ix) Subsections (f)(8)(A)(ii) and (g)(2)(A) of bargaining parties shall provide for a month- plan is in declining status for a plan year if— section 432 of such Code, as so redesignated ly benefit accrual rate in excess of the rate ‘‘(A) as determined by the plan actuary and amended, are each further amended by described in subparagraph (B)(i)(II). under paragraph (5), as of the beginning of striking ‘‘subsection (b)(4)(D)’’ and inserting ‘‘(2) EXCEPTION FOR YEARS AFTER PROCESS the plan year the plan is projected to become ‘‘subsection (b)(5)(D)’’. BEGINS.—Paragraph (1) shall not apply to a insolvent within the plan year or any of the (x) Section 432(f)(9)(J) of such Code, as so plan year if such year is in a solvency plan 29 succeeding plan years, redesignated and amended, is further amend- adoption period or solvency attainment pe- ‘‘(B) the plan is otherwise in critical status ed by striking ‘‘subsection (b)(4)’’ and insert- riod by reason of the plan being in declining for the plan year as determined by the plan ing ‘‘subsection (b)(5)’’. status for a preceding plan year, except that actuary under paragraph (5), and the plan (3) SOLVENCY PLAN.— the next update of the solvency plan shall sponsor determines that, based on reasonable (A) IN GENERAL.—Paragraph (4) (as redesig- fulfill the requirement of paragraph (1)(B)(i). actuarial assumptions and upon exhaustion nated by subsection (a)(1) and amended by For purposes of this section, such preceding of all reasonable measures, the plan cannot paragraph (1)) of section 432(a) of such Code plan year shall be the initial determination reasonably be expected to emerge from crit- is amended— year with respect to the solvency plan to ical status within the next 30 plan years, or (i) by redesignating subparagraph (B) as which it relates. ‘‘(C) the plan has a funded percentage for subparagraph (D), and ‘‘(3) SOLVENCY PLAN.—For purposes of this the plan year which is greater than the pro- (ii) by striking subparagraph (A) and in- section, a solvency plan is a plan which con- jected funded percentage as of the first day serting before subparagraph (D) (as so redes- sists of the actions, including options or a of the 15th succeeding plan year, unless the ignated) the following new subparagraphs: range of options to be proposed to the bar- funded percentage for the plan year is 100 ‘‘(A) the plan sponsor shall adopt and im- gaining parties, formulated, based on reason- percent or greater and the projected funded plement a solvency plan in accordance with ably anticipated experience and reasonable percentage as of the first day of such 15th the requirements of subsection (h), actuarial assumptions, to enable the plan to succeeding plan year is less than 100 per- ‘‘(B) any rehabilitation plan in place as of delay or avoid the projected insolvency. cent.’’. the date the plan enters declining status ‘‘(4) SOLVENCY ATTAINMENT PERIOD.—For (B) CONFORMING AMENDMENTS.— shall continue to apply throughout the sol- purposes of this section— (i) Paragraph (1) of section 432(b) of such vency plan adoption period, ‘‘(A) IN GENERAL.—Except as provided in Code, as added by subsection (a)(3), is amend- ‘‘(C) the requirements of subsection (i) and subparagraph (B), the solvency attainment ed— paragraphs (6) and (7) of subsection (f) shall period for any solvency plan adopted pursu- (I) by striking ‘‘paragraph (4)’’ each place apply during the solvency plan adoption pe- ant to this subsection is the period— it appears in subparagraphs (A) and (B) and riod and the solvency attainment period, ‘‘(i) beginning on the first day of the first inserting ‘‘paragraph (5)’’, and and’’. plan year of the multiemployer plan begin- (II) by striking ‘‘paragraph (6)’’ each place (B) ADOPTION OF PLAN.—Section 432 of such ning after the earlier of— it appears in subparagraphs (A) and (B) and Code, as amended by this section, is further ‘‘(I) the second anniversary of the date of inserting ‘‘paragraph (7)’’. amended— the adoption of the solvency plan, or (ii) Subsection (c) of section 432 of such (i) by redesignating subsection (l), as added ‘‘(II) the expiration of the collective bar- Code, as added by subsection (a)(2), is amend- by title V of this Act, as subsection (n), and gaining agreements in effect on the due date ed by striking ‘‘(b)(4)’’ each place it appears by further redesignating subsections (h), (i), for the actuarial certification of declining in paragraphs (1)(A)(i), (1)(A)(ii), (1)(A)(iii), (j), and (k), as redesignated by subsection status for the initial determination year (2)(A), and (2)(B) and inserting ‘‘(b)(5)’’. (a)(2), as subsections (j), (k), (l), and (m), re- under subsection (b)(5)(A) and covering, as of (iii) Section 432(b)(5) of such Code, as fur- spectively, and such due date, at least 75 percent of the ac- ther redesignated by subparagraph (A) and as (ii) by inserting after subsection (g), as re- tive participants in such plan, and amended by section 321 and subsection (a), is designated by subsection (a)(2), the following ‘‘(ii) ending on the date the plan either further amended— new subsections: emerges from declining status or becomes in- (I) by striking ‘‘paragraph (5)’’ in subpara- ‘‘(h) SOLVENCY PLAN MUST BE ADOPTED FOR solvent. graph (B)(iv) thereof and inserting ‘‘para- MULTIEMPLOYER PLANS IN DECLINING STA- ‘‘(B) COORDINATION WITH CHANGES IN STA- graph (6)’’, TUS.— TUS.—

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‘‘(i) PLANS NO LONGER IN DECLINING STA- ‘‘(C) DATE OF IMPLEMENTATION.—The date ‘‘(B) no amendment of the plan which in- TUS.—If the plan’s actuary certifies in ac- specified in this subparagraph is the date creases the liabilities of the plan by reason cordance with subparagraph (C) for a plan which is 180 days after the date on which the of any increase in benefits, any change in the year in any solvency plan adoption period or collective bargaining agreement described in accrual of benefits, or any change in the rate solvency attainment period that the plan is subparagraph (A) or (B) expires. at which benefits become nonforfeitable no longer in declining status, the solvency ‘‘(7) SOLVENCY PLAN ADOPTION PERIOD.—For under the plan may be adopted unless the plan adoption period or solvency attainment purposes of this section, the term ‘solvency amendment is required as a condition of period, whichever is applicable, shall end as plan adoption period’ means the period be- qualification under part I of subchapter D of of the date of such certification. ginning on the date of the certification chapter 1 or to comply with other applicable ‘‘(ii) PLANS IN CRITICAL OR ENDANGERED under subsection (b)(5)(A) for the initial de- law.’’. STATUS.—If the plan’s actuary certifies under termination year and ending on the day be- (C) SUSPENSION OF BENEFITS.—Section 432 subsection (b)(5)(A) for the plan year de- fore the first day of the solvency attainment of such Code, as amended by this section, is scribed in clause (i) that the plan is in crit- period. further amended— ical or endangered rather than declining sta- ‘‘(i) RULES FOR OPERATION OF PLAN DURING (i) by redesignating paragraph (9) of sub- tus, the provisions of subsections (d) and (e), ADOPTION AND ATTAINMENT PERIODS.— section (f) (as redesignated by subsection or subsections (f) and (g), whichever are ap- ‘‘(1) COMPLIANCE WITH SOLVENCY PLAN.— (a)(2)) as paragraph (8) of subsection (h) (as plicable, shall be applied as if such plan year ‘‘(A) IN GENERAL.—A plan may not be added by subparagraph (B)), and were an initial determination year, except amended after the date of the adoption of a (ii) by moving such paragraph to the posi- that the plan may not be amended in a man- solvency plan under subsection (h) so as to tion immediately after paragraph (7) of such ner inconsistent with the solvency plan in ef- be inconsistent with the solvency plan. subsection (h). fect for the preceding plan year until a new ‘‘(B) SPECIAL RULES FOR BENEFIT IN- (4) CONFORMING AMENDMENTS.— funding improvement plan or rehabilitation CREASES.—A plan may not be amended after (A) Subsection (a)(4)(D) of section 432 of plan, whichever is applicable, is adopted. the date of the adoption of a solvency plan such Code, as redesignated and amended by ‘‘(C) EMERGENCE.—A plan in declining sta- under subsection (h) so as to increase bene- the preceding provisions of this section, is tus shall remain in such status until a plan fits, including future benefit accruals, unless further amended by striking ‘‘subsection year for which the plan actuary certifies, in the increase is required by law or is a de (f)(9)’’ and inserting ‘‘subsection (h)(8)’’. accordance with subsection (b)(5)(A), that minimis change. (B) Paragraph (5) of section 432(b) of such the plan is not described in one or more of ‘‘(C) SPECIAL RULES FOR INCREASES IN COM- Code, as so redesignated and as amended by the subparagraphs in subsection (b)(4) as of PENSATION OR CONTRIBUTION RATE.—Any in- section 321 and the preceding provisions of the beginning of the plan year. crease in employee compensation or con- this section, is further amended— ‘‘(5) UPDATES TO SOLVENCY PLANS AND tribution rates which takes effect after the (i) by striking ‘‘critical’’ in subparagraph SCHEDULES.— first day of the plan year in which the plan (A)(i)(I) and inserting ‘‘critical or declining’’, ‘‘(A) SOLVENCY PLAN.—The plan sponsor enters declining status shall not give rise to (ii) by striking ‘‘funding improvement or shall annually update the solvency plan and an increase in benefits or future benefit ac- rehabilitation period’’ in subparagraph shall file the update with the plan’s annual cruals under the plan. (A)(i)(II) and inserting ‘‘funding improve- report under section 104 of the Employee Re- ‘‘(2) RESTRICTION ON LUMP SUMS AND SIMI- ment, rehabilitation, or solvency attainment tirement Income Security Act of 1974. LAR BENEFITS.— period’’, ‘‘(B) SCHEDULES.—The plan sponsor shall ‘‘(A) IN GENERAL.—Effective on the date (iii) by striking ‘‘funding improvement or annually update any schedule of contribu- the notice of certification of the plan’s de- rehabilitation plan’’ in subparagraph tion rates provided under this subsection to clining status for the initial determination (A)(i)(II) and inserting ‘‘funding improve- reflect the experience of the plan. year under subsection (b)(5)(D) is sent, and ment, rehabilitation, or solvency plan’’, ‘‘(C) DURATION OF SCHEDULE.—A schedule of notwithstanding section 411(d)(6), the plan (iv) by striking ‘‘endangered or critical’’ in contribution rates provided by the plan spon- shall not pay— subparagraph (A)(i)(V)(bb) and inserting ‘‘en- sor and relied upon by bargaining parties in ‘‘(i) any payment, in excess of the monthly dangered, critical, or declining’’, negotiating a collective bargaining agree- amount paid under a single life annuity (plus (v) by striking ‘‘funding improvement plan ment shall remain in effect for the duration any social security supplements described in or rehabilitation’’ in subparagraph (A)(iv) of that collective bargaining agreement. the last sentence of section 411(a)(9)), to a and inserting ‘‘funding improvement, reha- ‘‘(6) IMPOSITION OF SCHEDULE WHERE FAIL- participant or beneficiary whose annuity bilitation, or solvency’’, URE TO ADOPT SOLVENCY PLAN.— starting date (as defined in section 417(f)(2)) (vi) by striking ‘‘critical’’ each place it ap- ‘‘(A) INITIAL CONTRIBUTION SCHEDULE.—If— occurs after the date such notice is sent, pears in subparagraph (A)(vi) and inserting ‘‘(i) a collective bargaining agreement pro- ‘‘(ii) any payment for the purchase of an ir- ‘‘critical or declining’’, viding for contributions under a multiem- revocable commitment from an insurer to (vii) by striking ‘‘rehabilitation period’’ in ployer plan that was in effect at the time the pay benefits, or subparagraph (A)(vi) and inserting ‘‘rehabili- plan entered declining status expires, and ‘‘(iii) any other payment specified by the tation or solvency attainment period’’, ‘‘(ii) after receiving one or more schedules Secretary by regulations, (viii) by striking ‘‘as described in sub- from the plan sponsor under paragraph unless it is a de minimis amount. section (f)(9)’’ in subparagraph (B)(v), (1)(B), the bargaining parties with respect to ‘‘(B) EXCEPTION.—Subparagraph (A) shall (ix) by inserting ‘‘if the plan is already in such agreement fail to adopt a contribution not apply to a benefit which under section a rehabilitation period, and’’ before ‘‘if rea- schedule with terms consistent with the sol- 411(a)(11) may be immediately distributed sonable’’ in subparagraph (B)(v)(I), vency plan and a schedule from the plan without the consent of the participant or to (x) by striking ‘‘subsection (f)(9)’’ in sub- sponsor, any makeup payment in the case of a retro- paragraph (B)(v)(II) and inserting ‘‘sub- the plan sponsor shall implement the sched- active annuity starting date or any similar section (h)(8)’’, ule described in paragraph (1)(B)(i) beginning payment of benefits owed with respect to a (xi) by striking ‘‘endangered or critical’’ on the date specified in subparagraph (C). prior period. both places it appears in subparagraph (D)(i) ‘‘(B) SUBSEQUENT CONTRIBUTION SCHED- ‘‘(3) SPECIAL RULES FOR PLAN ADOPTION PE- and inserting ‘‘endangered, critical, or de- ULE.—If— RIOD.—During the period beginning on the clining’’, ‘‘(i) a collective bargaining agreement pro- date of the certification under subsection (xii) by striking ‘‘ENDANGERED OR CRIT- viding for contributions under a multiem- (b)(5)(A) for the initial determination year ICAL’’ in the heading of subparagraph (D)(ii) ployer plan in accordance with a schedule and ending on the date of the adoption of a and inserting ‘‘ENDANGERED, CRITICAL, OR DE- provided by the plan sponsor pursuant to a solvency plan— CLINING’’, solvency plan (or imposed under subpara- ‘‘(A) the plan sponsor may not accept a (xiii) by striking ‘‘endangered or critical’’ graph (A)) expires while the plan is still in collective bargaining agreement or partici- in subparagraph (D)(ii) and inserting ‘‘endan- declining status, and pation agreement with respect to the multi- gered, critical, or declining’’, ‘‘(ii) after receiving one or more updated employer plan that provides for— (xiv) by striking ‘‘funding improvement or schedules from the plan sponsor under para- ‘‘(i) a reduction in the level of contribu- rehabilitation plan’’ both places it appears in graph (5)(B), the bargaining parties with re- tions for any participants, subclauses (I) and (II) of subparagraph (D)(ii) spect to such agreement fail to adopt a con- ‘‘(ii) a suspension of contributions with re- and inserting ‘‘funding improvement, reha- tribution schedule with terms consistent spect to any period of service, or bilitation, or solvency plan’’, and with the updated solvency plan and a sched- ‘‘(iii) any new direct or indirect exclusion (xv) by adding at the end of subparagraph ule from the plan sponsor, of younger or newly hired employees from (D) the following new clause: then the contribution schedule applicable plan participation, ‘‘(vii) NOTICE OF PROJECTION TO BE IN DE- under the expired collective bargaining unless the plan sponsor reasonably deter- CLINING STATUS IN A FUTURE PLAN YEAR.—In agreement, as updated and in effect on the mines that the acceptance of such an agree- any case in which it is certified under sub- date the collective bargaining agreement ex- ment is in the best interests of participants paragraph (A)(i) that a multiemployer plan pires, shall be implemented by the plan spon- and beneficiaries and that rejection of such will be in declining status for any of 5 suc- sor beginning on the date specified in sub- agreement would adversely affect the plan, ceeding plan years (but not for the current paragraph (C). and plan year), the plan sponsor shall, not later

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(iii) by striking ‘‘OR REHABILITATION PLAN’’ (ix) Paragraph (1)(B), as so redesignated, is (C) Subparagraph (J) of section 432(h)(8) of in the heading of paragraph (2) and inserting amended by striking ‘‘clause (iv)(III)’’ and such Code, as so redesignated and amended, ‘‘, REHABILITATION, OR SOLVENCY PLAN’’, inserting ‘‘subparagraph (D)(iii)’’. is further amended— (iv) by striking ‘‘plan or rehabilitation (x) Paragraph (1)(D), as so redesignated, is (i) by striking ‘‘CRITICAL’’ in the heading plan’’ in paragraph (2)(A) and inserting ‘‘, re- amended by striking ‘‘this paragraph’’ and and inserting ‘‘DECLINING’’, and habilitation, or solvency plan’’, inserting ‘‘this subsection’’. (ii) by striking ‘‘shall not emerge from (v) by striking ‘‘rehabilitation plan’’ in (xi) Paragraph (2), as so redesignated, is critical status under paragraph (4)(B),’’ and paragraph (2)(C) and inserting ‘‘funding im- amended— inserting ‘‘shall not emerge from declining provement, rehabilitation, or solvency (I) by striking ‘‘subparagraph (A)(iv)(III)’’ plan’’, status’’. and inserting ‘‘paragraph (1)(D)(iii)’’, and (vi) by striking paragraph (3) and redesig- (D) Subsection (j) of section 432 of such (II) by striking ‘‘this paragraph’’ and in- nating paragraphs (4), (5), and (6) as para- Code, as so redesignated and amended, is fur- serting ‘‘this subsection’’. graphs (3), (4), and (5), respectively, ther amended— (xii) Paragraph (4)(A), as so redesignated, (vii) by striking ‘‘REHABILITATION PLAN’’ in is amended by striking ‘‘subparagraph (A)’’ (i) by striking ‘‘(f)(8) or (g)’’ in paragraph the heading of paragraph (3), as so redesig- (1) and inserting ‘‘(f)(8), (g), or (i)’’, and inserting ‘‘paragraph (1)’’. nated, and inserting ‘‘REHABILITATION OR SOL- (xiii) Paragraphs (4)(B) and (4)(C), as so re- (ii) by striking ‘‘subsection (f)(9)’’ in para- VENCY PLAN’’, designated, are each amended by striking graph (1) and inserting ‘‘subsection (h)(8)’’, (viii) by striking ‘‘critical status’’ in para- ‘‘clause (i)’’ each place it appears and insert- (iii) by striking ‘‘FUNDING IMPROVEMENT OR graph (3)(A), as so redesignated, and insert- ing ‘‘subparagraph (A)’’. REHABILITATION PLAN’’ in the heading of ing ‘‘critical or declining status’’, (xiv) The last sentence of paragraph (4)(C), paragraph (3) and inserting ‘‘FUNDING IM- (ix) by striking ‘‘rehabilitation plan’’ in as so redesignated, is amended— PROVEMENT, REHABILITATION, OR SOLVENCY’’, paragraph (3)(A), as so redesignated, and in- (iv) by striking ‘‘funding improvement serting ‘‘rehabilitation or solvency plan’’, (I) by striking ‘‘subclause (I)’’ and insert- plan or rehabilitation plan’’ both places it (x) by striking ‘‘described in section ing ‘‘clause (i)’’, and appears in subparagraphs (A) and (B) of para- 432(f)(1)(A) and ending on the day on which (II) by striking ‘‘this subparagraph’’ and graph (3) and inserting ‘‘funding improve- the rehabilitation plan is adopted’’ in para- inserting ‘‘this paragraph’’. ment, rehabilitation, or solvency plan’’, graph (3)(B)(ii), as so redesignated, and in- (3) APPLICATION TO ALL PLANS IN ENDAN- (v) by striking ‘‘ENDANGERED OR CRITICAL’’ serting ‘‘described in section 432(f)(1)(A) or GERED, CRITICAL, OR DECLINING STATUS.— in the heading of paragraph (4), as amended 432(h)(1)(A), whichever is applicable, and end- (A) IN GENERAL.—Subparagraph (A) of sec- by subsection (a), and inserting ‘‘ENDAN- ing on the day on which the rehabilitation tion 432(m)(1) of such Code, as redesignated GERED, CRITICAL, OR DECLINING’’, plan or solvency plan is adopted’’, and amended by this section, is further (vi) by striking ‘‘endangered or critical’’ (xi) by striking ‘‘432(k)(9)’’ in paragraph amended— each place it appears in paragraph (4), as so (3)(C)(ii), as so redesignated, and inserting (i) by striking ‘‘the plan sponsor shall’’ and amended, and inserting ‘‘endangered, crit- ‘‘432(n)(9)’’, and inserting ‘‘the plan sponsor of a multiem- ical, or declining’’, and (xii) by striking ‘‘or (3)’’ in paragraph (4), ployer plan in endangered, critical, or declin- (vii) by striking ‘‘critical or endangered’’ as so redesignated. ing status may’’, and in paragraph (4) and inserting ‘‘endangered, (e) ADJUSTMENT OF BENEFITS.— (ii) by striking ‘‘paragraph (1)(B)(i)’’ and critical, or declining’’. (1) IN GENERAL.—Section 432 of the Internal inserting ‘‘subsection (d)(1)(B), (f)(1)(B), or (E) Subsection (k) of section 432 of such Revenue Code of 1986, as amended by this (h)(1)(B), whichever is applicable’’. (B) CONFORMING AMENDMENT.—Subpara- Code, as so redesignated and amended, is fur- section, is further amended— graph (B) of section 432(m)(1) of such Code, as ther amended— (A) by further redesignating subsections redesignated and amended by this section, is (i) by striking ‘‘or a rehabilitation plan (m) and (n), as redesignated by subsection further amended by striking ‘‘critical’’ both under subsection (f)’’ and inserting ‘‘, a reha- (d), as subsections (n) and (o), respectively, places it appears and inserting ‘‘endangered, bilitation plan under subsection (f), or a sol- (B) by redesignating paragraph (8) of sub- critical, or declining’’. vency plan under subsection (h)’’, section (f), as redesignated by subsection (4) ADDITIONAL ADJUSTABLE BENEFITS.— (ii) by striking ‘‘endangered status or a (a)(2), as subsection (m), and (A) IN GENERAL.—Subparagraph (D) of sec- plan in critical status’’ and inserting ‘‘en- (C) by moving such subsection to the posi- tion immediately after subsection (l). tion 432(m)(1) of such Code, as redesignated dangered, critical, or declining status’’, (2) CLERICAL AND CONFORMING AMEND- by this section, is amended— (iii) by striking ‘‘has not agreed on a fund- MENTS.— (i) by inserting ‘‘, including early reduc- ing improvement plan or rehabilitation (A) The heading of subsection (m) of sec- tion factors which are not provided on an ac- plan’’ and inserting ‘‘has not agreed on a tion 432 of such Code, as redesignated by tuarially equivalent basis,’’ after ‘‘(i))’’ in funding improvement, rehabilitation, or sol- paragraph (1), is amended to read as follows: clause (ii), as so redesignated, vency plan (whichever is applicable)’’, and ‘‘(m) ADJUSTMENT OF BENEFITS.—’’. (ii) by striking ‘‘and’’ at the end of clause (iv) by striking ‘‘adoption of a funding im- (B) The following provisions of such sub- (ii) (as so redesignated), provement plan or rehabilitation plan’’ and section (m) are amended as follows: (iii) by striking ‘‘that would not be eligi- inserting ‘‘adoption of a funding improve- (i) Subparagraphs (A), (B), and (C) are re- ble’’ and all that follows through the period ment, rehabilitation, or solvency plan’’. designated as paragraphs (1), (2), and (4), re- in clause (iii) (as so redesignated) and insert- (F) Subsection (l) of section 432 of such spectively, and moved 2 ems to the left. ing ‘‘which were adopted (or, if later, took Code, as so redesignated and amended, is fur- (ii) Clauses (i), (ii), (iii), and (iv) of para- effect) less than 120 months before the first ther amended— graph (1) (as so redesignated) are redesig- day of the first plan year in which the plan (i) by striking ‘‘endangered status or in nated as subparagraphs (A), (B), (C), and (D), was in endangered, critical, or declining sta- critical status’’ in paragraph (1) and insert- respectively, and moved 2 ems to the left. tus,’’, and ing ‘‘endangered, critical, or declining sta- (iii) Subclauses (I), (II), and (III) of para- (iv) by adding at the end the following new tus’’, graph (1)(D) (as so redesignated) are redesig- clauses: (ii) by striking ‘‘endangered or critical’’ in nated as clauses (i), (ii), and (iii), respec- ‘‘(iv) any one-time bonus payment or ‘thir- paragraph (1) and inserting ‘‘endangered, tively, and moved 2 ems to the left. teenth check’ provision, and critical, or declining’’, and (iv) Clauses (i), (ii), and (iii) of paragraph ‘‘(v) benefits granted for periods of service (iii) by striking ‘‘(d) and (f)’’ in paragraph (4) (as so redesignated) are redesignated as prior to participation in the plan.’’. (2) and inserting ‘‘(d), (f), and (h)’’. subparagraphs (A), (B), and (C), respectively, (B) CONFORMING AMENDMENTS.— (G) Section 418E of such Code, as amended and moved 2 ems to the left, and the flush (i) Subparagraph (B) of section 432(m)(1) of by section 112 and this section, is further sentence at the end of subparagraph (C) (as such Code, as redesignated and amended by amended— so redesignated) is moved 2 ems to the left. this section, is further amended by striking (i) by striking ‘‘432(b)(3)’’ each place it ap- (v) Subclauses (I), (II), and (III) of para- ‘‘subparagraph (D)(iii)’’ and inserting pears in subsections (c)(1), (c)(2), (d)(1), and graph (4)(A) (as so redesignated) are redesig- ‘‘clause (iii), (iv), or (v) of subparagraph (d)(2) and inserting ‘‘432(b)(3), or a plan in de- nated as clauses (i), (ii), and (iii), respec- (D)’’. clining status, as described in section tively, and moved 2 ems to the left. (ii) Paragraph (2) of section 432(m) of such 432(b)(4)’’, and (vi) Subclauses (I) and (II) of paragraph Code, as amended by paragraph (2)(B), is fur- (ii) by striking ‘‘432(f)(9)’’ in subsection (g) (4)(B) (as so redesignated) are redesignated ther amended by striking ‘‘paragraph and inserting ‘‘432(h)(8)’’. as clauses (i) and (ii), respectively, and (1)(D)(iii)’’ and inserting ‘‘clause (iii), (iv), or (H) Section 4971(g) of such Code, as amend- moved 2 ems to the left. (v) of paragraph (1)(D)’’. ed by this section, is further amended— (vii) Subclauses (I), (II), and (III) of para- (5) RULES RELATING TO SUSPENSION OF BENE- (i) by striking ‘‘ENDANGERED OR CRITICAL’’ graph (4)(C) (as so redesignated) are redesig- FITS UPON RETURN TO WORK.—Subsection (m) in the heading and inserting ‘‘ENDANGERED, nated as clauses (i), (ii), and (iii), respec- of section 432 of such Code, as redesignated CRITICAL, OR DECLINING’’, tively, and moved 2 ems to the left. and amended by this section, is further

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amended by inserting after paragraph (2) the (g) AMENDMENTS RELATING TO FUNDING IM- jected to emerge from endangered status in following new paragraph: PROVEMENT PLAN.— the proposed new 10-year period and a de- ‘‘(3) RULES RELATING TO SUSPENSION OF BEN- (1) IN GENERAL.—Paragraph (1) of section scription of key assumptions, to be specified EFITS UPON RETURN TO WORK.—The plan spon- 432(d) of the Internal Revenue Code of 1986, in regulations promulgated by the Secretary sor of a multiemployer plan in endangered, as redesignated and amended by this section, in consultation with the Pension Benefit critical, or declining status may amend rules is further amended— Guaranty Corporation.’’. regarding the suspension of a participant’s (A) by striking the last sentence, and (4) CONFORMING AMENDMENTS.— benefits upon a return to work after com- (B) in subparagraph (B), by striking ‘‘fund- (A) Subparagraph (C) of section 432(d)(4) of mencement of benefits, or the commence- ing improvement plan—’’ and all that follows such Code, as so redesignated and amended, ment of benefits after normal retirement age and inserting ‘‘funding improvement plan, is further amended— (including in the case of continued employ- shall provide to the bargaining parties 1 or (i) by striking ‘‘critical status’’ both places ment after normal retirement age). Any such more schedules showing revised benefit it appears in clauses (i) and (ii) and inserting changes shall apply only to future payments structures, revised contribution structures, ‘‘critical or declining status’’, of benefits.’’. or both, which, if adopted, may reasonably (ii) by striking ‘‘rehabilitation period’’ in (6) ADDITIONAL CONFORMING AMENDMENTS.— be expected to enable the multiemployer clause (ii) and inserting ‘‘rehabilitation or (A) Clause (iii) of section 432(b)(5)(D) of plan to meet the requirements of paragraph solvency attainment period’’, and (3), including— such Code, as redesignated and amended by (iii) by striking ‘‘CRITICAL STATUS’’ in the ‘‘(i) one default proposal under which— this section, is further amended— heading of clause (ii) and inserting ‘‘CRITICAL ‘‘(I) all adjustable benefits in the form of (i) by striking ‘‘CRITICAL’’ in the heading OR DECLINING STATUS’’. early retirement subsidies (including early and inserting ‘‘ENDANGERED, CRITICAL, OR DE- (B) Subsection (d) of section 432 of such reduction factors which are not provided on CLINING’’, Code, as so redesignated and amended, is fur- an actuarially equivalent basis) under the (ii) by striking ‘‘critical status’’ both ther amended by striking paragraph (5) and places it appears and inserting ‘‘endangered, plan are eliminated, and ‘‘(II) the future monthly benefit accrual by redesignating paragraphs (6), (7), and (8) critical, or declining status’’, and as paragraphs (5), (6), and (7), respectively. (iii) by striking ‘‘subsection (f)(8)’’ in sub- rate under the plan is reduced to the equiva- lent of 1 percent of annual contributions (or, (C) Paragraph (6) of section 432(d) of such clause (I) and inserting ‘‘subsection Code, as so redesignated, is amended— (m)(1)(D)’’. if lower, the accrual rate as of the date of the enactment of the Chris Allen Multiem- (i) by striking ‘‘(1)(B)(i)(I)’’ in subpara- (B) Subsection (j) of section 432 of such graph (A) and inserting ‘‘(1)(B)(i)’’, and Code, as amended by subsection (d), is fur- ployer Pension Recapitalization and Reform Act of 2020) based on the contribution rate in (ii) by striking ‘‘paragraph (6)(B)’’ in sub- ther amended by striking ‘‘(f)(8), (g), or (i)’’ paragraph (B)(ii) and inserting ‘‘paragraph and inserting ‘‘(e), (g), (i), or (m)’’. effect as of the first day of the plan year in which the plan enters endangered status, and (5)(B)’’. (f) ELECTIONS TO BEINCRITICAL OR ENDAN- which may also include reduction or elimi- (D) Paragraph (2) of section 432(d) of such GERED STATUS.— nation of any other adjustable benefits under Code, as so redesignated, is amended by in- (1) IN GENERAL.—Paragraph (6) of section the plan, and serting ‘‘, except that the next update of the 432(b) of the Internal Revenue Code of 1986, ‘‘(ii) any additional schedules which reduce funding improvement plan shall fulfill the as redesignated and amended by this section, or eliminate adjustable benefits under the requirement of paragraph (1)(B)(i)’’ after is further amended— plan which the plan sponsor deems appro- ‘‘for a preceding plan year’’. (A) by striking ‘‘is not in critical status’’ priate to provide as an alternative to the de- (h) AMENDMENTS RELATING TO REHABILITA- in subparagraph (A) and inserting ‘‘is not in fault proposal.’’. TION PLAN.— critical or declining status’’, (2) FUNDING IMPROVEMENT PLAN.—Para- (1) IN GENERAL.—Paragraph (1) of section (B) by striking ‘‘but that is projected’’ in graph (3) of section 432(d) of such Code, as so 432(f) of the Internal Revenue Code of 1986, as subparagraph (A) and inserting ‘‘but— redesignated and amended, is further amend- redesignated and amended by this section, is ‘‘(i) that is projected’’, ed— further amended— (C) by striking ‘‘5 plan years may, not (A) by striking ‘‘For purposes of this sec- later than’’ in subparagraph (A) and insert- tion—’’ and all that follows through ‘‘which (A) by striking the last 2 sentences, and ing ‘‘5 plan years, or consists of’’ in subparagraph (A) and insert- (B) in subparagraph (B), by striking ‘‘reha- ‘‘(ii) that is in endangered status and is not ing ‘‘For purposes of this section, a funding bilitation plan—’’ and all that follows and reasonably projected to be able to emerge improvement plan is a plan which consists inserting ‘‘rehabilitation plan, shall provide from endangered status within the funding of’’, and to the bargaining parties 1 or more schedules improvement period under the funding im- (B) by striking ‘‘formulated to provide’’ showing revised benefit structures, revised provement plan in effect, and all that follows and inserting ‘‘formu- contribution structures, or both, which, if may, not later than’’, and lated, based on reasonably anticipated expe- adopted, may reasonably be expected to en- (D) by striking ‘‘under paragraph (3)’’ in rience and reasonable actuarial assumptions, able the multiemployer plan to meet the re- subparagraph (B) and inserting ‘‘under para- to— quirements of paragraph (3), including— graph (3) or for endangered status under ‘‘(A) enable the plan to no longer be in en- ‘‘(i) one default proposal under which— paragraph (2)’’. dangered status (as certified by the plan ac- ‘‘(I) all adjustable benefits in the form of (2) ELECTION TO BE IN ENDANGERED STA- tuary) by the end of the funding improve- early retirement subsidies (including early TUS.—Subsection (b) of section 432 of such ment period, and reduction factors which are not provided on Code, as so redesignated and amended, is fur- ‘‘(B) avoid any accumulated funding defi- an actuarially equivalent basis) under the ther amended by adding at the end the fol- ciencies during the funding improvement pe- plan are eliminated, and lowing new paragraph: riod (taking into account any extension of ‘‘(II) the future monthly benefit accrual ‘‘(8) ELECTION TO BE IN ENDANGERED STA- amortization periods under section 431(d)).’’. rate under the plan is reduced to the equiva- TUS.—Notwithstanding paragraph (2)— (3) FUNDING IMPROVEMENT PERIOD.—Para- lent of 1 percent of annual contributions (or, ‘‘(A) the plan sponsor of a multiemployer graph (4) of section 432(d) of such Code, as so if lower, the accrual rate as of the date of plan that is not in endangered, critical, or redesignated and amended, is further amend- the enactment of the Chris Allen Multiem- declining status for a plan year but that is ed by striking subparagraph (B) and insert- ployer Pension Recapitalization and Reform projected by the plan actuary, pursuant to ing after subparagraph (A) the following new Act of 2020) based on the contribution rate in the determination under paragraph (5), to be subparagraph: effect as of the first day of the plan year in in endangered status in any of the 5 suc- ‘‘(B) NEW PERIOD BASED ON ADVERSE EXPERI- which the plan enters critical status, and ceeding plan years, may, not later than 30 ENCE.— which may also include reduction or elimi- days after the date of the certification under ‘‘(i) IN GENERAL.—If the plan’s actuary de- nation of any other adjustable benefits under paragraph (5)(A), elect to be in endangered termines necessary based on adverse plan ex- the plan, and status effective for the current plan year, perience, the plan sponsor may provide for a ‘‘(ii) any additional schedules which reduce ‘‘(B) the plan year in which the plan spon- new 10-year period as of the first day of any or eliminate adjustable benefits under the sor elects to be in endangered status under plan year in the original funding improve- plan which the plan sponsor deems appro- subparagraph (A) shall be treated for pur- ment period, but only if the plan is still pro- priate to provide as an alternative to the de- poses of this section as the first year in jected to meet the requirements of the fund- fault proposal. which the plan is in endangered status, re- ing improvement plan and emerge from en- In the case of a plan adopting a rehabilita- gardless of the date on which the plan first dangered status at the end of the new fund- tion plan described in paragraph (3)(A)(ii), no satisfies the criteria for endangered status ing improvement period. schedule provided to or adopted by the bar- under paragraph (2), and ‘‘(ii) LIMITATION.—A plan sponsor may pro- gaining parties shall provide for a monthly ‘‘(C) a plan that is in endangered status vide a new 10-year period under clause (i) not benefit accrual rate in excess of the rate de- under this paragraph shall not emerge from more than 1 time in any 20-consecutive-year scribed in subparagraph (B)(i)(II).’’. endangered status unless the plan’s actuary period, unless the plan sponsor submits to (2) REHABILITATION PLAN.— certifies under paragraph (5)(A) that the plan the Secretary an application for an addi- (A) IN GENERAL.—Subparagraph (A) of sec- is no longer in endangered status and is not tional new period. Such application shall in- tion 432(f)(3) of such Code, as so redesignated, in critical or declining status.’’. clude a certification that the plan is pro- is amended—

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(i) by striking ‘‘and may include’’ and all (A) by striking ‘‘METHOD’’ in the heading ‘‘(III) ADDITIONAL FACTORS.—Information that follows through ‘‘such actions’’ in and inserting ‘‘METHOD AND ASSUMPTIONS’’, provided by the plan sponsor to the plan ac- clause (i), and tuary in setting the assumption regarding (ii) by inserting ‘‘, while delaying insol- (B) by adding at the end the following new future increases in contribution rates shall vency for as long as possible and maximizing paragraph: take into account the ability of the partici- the income of the plan, including income ‘‘(11) ACTUARIAL ASSUMPTIONS.— pating employers to make contributions at after insolvency’’ before the period in clause ‘‘(A) IN GENERAL.—The actuarial assump- the scheduled rates over time, considering (ii), and tions relied upon for purposes of this section relevant factors such as projected industry (iii) by striking ‘‘(1)(B)(i)’’ in the last sen- by a plan actuary shall be individually rea- activity, the financial strength of partici- tence and inserting ‘‘(1)(B)’’. sonable and, in the aggregate, shall be rea- pating employers, market competition, and (B) CONFORMING AMENDMENTS.—Clause (i) sonable and (with the exception of assump- the scheduled contribution rate to the plan of section 432(f)(3)(C) of such Code, as so re- tions regarding future contributions) rep- relative to the overall wage package. designated, is amended— resent the actuary’s best estimate of future ‘‘(D) ASSUMPTIONS FOR DEVELOPING SCHED- (i) by striking ‘‘(1)(B)(i)’’ in subclause (II) plan experience, within limitations pre- ULES.—All schedules under any funding im- and inserting ‘‘(1)(B)’’, and scribed by the Secretary. A plan actuary provement plan, rehabilitation plan, or sol- (ii) by striking ‘‘the last sentence of para- shall avoid conservatism or optimism in in- vency plan must be developed based on the graph (1)’’ and inserting ‘‘paragraph dividual assumptions to the extent that they same set of actuarial assumptions unless it (1)(B)(i)’’. would result in a set of assumptions that is would be unreasonable to do so, taking into (3) REHABILITATION PERIOD.— unreasonable in the aggregate. account the anticipated impact of the sched- (A) IN GENERAL.—Subparagraph (A) of sec- ‘‘(B) INVESTMENT RETURNS.—The invest- tion 432(f)(4) of such Code, as so redesignated ment return assumption for projecting plan ules on participant behavior and employer and amended, is further amended— assets may differ from the actuarial valu- participation.’’. (i) by striking ‘‘The rehabilitation period’’ ation interest rate. In selecting the invest- (2) ADDITIONS TO FORM 5500 SCHEDULE MB.— and inserting ‘‘Except as otherwise provided ment return assumption for projecting plan Subparagraph (B) of section 432(b)(5) of such in this subparagraph, the rehabilitation pe- assets, the plan actuary shall estimate the Code, as redesignated and amended by this riod’’, and expected return of the plan’s investments as section, is further amended by adding at the (ii) by adding at the end the following: ‘‘If, currently invested and as expected to be in- end the following new clause: upon exhaustion of all reasonable measures, vested in the future, consistent with the ‘‘(vi) ADDITIONAL ATTACHMENTS.—The plan the plan is not reasonably expected to plan’s adopted investment policy, if applica- actuary shall attach to the certification re- emerge from critical status by the end of ble. It is reasonable for an actuary to expect quired under subparagraph (A)— such 10-year period, the rehabilitation period that the plan’s investment decisions will ‘‘(I) documentation supporting the certifi- shall be extended to take into account the consider risk, expected returns over time, cation of status under subparagraph (A), in- projected date of emergence from critical and expected future benefit payments. The cluding projections of the funding standard status (if the rehabilitation plan remained in investment return assumption shall not ex- account, funded percentage, and solvency of effect until such date) or the projected date ceed the interest rate used to determine past the plan, of insolvency (if applicable) (unless the plan service liability under section 431(b)(6). ‘‘(II) a clear description of the key assump- enters declining status).’’. ‘‘(C) CONTRIBUTIONS.— tions used in performing the projections, in- (B) EMERGENCE FROM CRITICAL STATUS.— ‘‘(i) IN GENERAL.—The plan actuary shall cluding investment returns, contribution Subparagraph (B) of section 432(f)(4) of such develop assumptions for the projection of fu- base units, and contribution rates, Code, as so redesignated and amended, is fur- ture contributions, including assumptions ‘‘(III) a 5-year history of contributions, in- ther amended— regarding industry activity among contrib- cluding contribution base units, average con- (i) by inserting ‘‘and is not in declining uting employers and contribution rates, status,’’ after the comma in clause (i)(I), tribution rates, and withdrawal liability based on information provided by the plan payments, and a comparison of such con- (ii) by striking subclause (III) of clause (i) sponsor, which must act reasonably and in tribution base units, rates, and payments to and inserting the following: good faith. The plan actuary shall certify the projections made by the plan, and ‘‘(III) the plan’s projected funded percent- reasonableness of all assumptions. ‘‘(IV) an alternate projection of the fund- age as of the first day of the 15th succeeding ‘‘(ii) PROJECTED INDUSTRY ACTIVITY.—Any plan year is at least 100 percent and is pro- projection of activity in the industry or in- ing standard account, funded percentage, and jected to increase after such date.’’, dustries covered by the plan, including fu- solvency, based on the following assump- (iii) by striking ‘‘that—’’ and all that fol- ture covered employment and contribution tions: lows through ‘‘regardless of whether’’ in levels, shall be based on information pro- ‘‘(aa) Annual future investment returns on clause (ii)(I) and inserting ‘‘that the plan vided by the plan sponsor acting reasonably plan assets equal the actuarial interest rate meets the requirements of subclauses (II) and in good faith. assumption minus 1 percent. and (III) of clause (i), regardless of whether’’, ‘‘(iii) FUTURE CONTRIBUTION BASE UNITS.— ‘‘(bb) Future contribution base units pro- and ‘‘(I) DECLINING CONTRIBUTION BASE UNITS.— jected using a trend equal to the lesser of— (iv) by striking ‘‘unless—’’ and all that fol- If recent experience of the plan has been de- ‘‘(AA) the annualized trend of actual con- lows in clause (ii)(II) and inserting ‘‘unless, clining contribution base units, the plan ac- tribution base units over the 5 preceding as of such plan year, the plan fails to meet tuary may assume future contribution base plan years, and the requirements of subclause (II) or (III) of units will continue to decline at the same ‘‘(BB) no change in future contribution clause (i).’’. annualized trend as over the 5 immediately base units. (4) RULES RELATING TO BENEFIT INCREASES preceding plan years, unless the actuary de- ‘‘(cc) No increases in future contribution DURING REHABILITATION PERIOD.—Subpara- termines that there have been significant rates beyond those consistent with the col- graph (B) of section 432(g)(1) of such Code, as changes that would make such assumption lective bargaining agreements and participa- so redesignated and amended, is further unreasonable. tion agreements in effect for the plan year. amended by striking ‘‘unless’’ and all that ‘‘(II) FLAT OR INCREASING CONTRIBUTION ‘‘(dd) The withdrawal from the plan of the follows and inserting ‘‘unless the amendment BASE UNITS.—If recent experience of the plan employer which has contributed the greatest is required as a condition of qualification has been increasing, or neither increasing total amount of contributions over the 5 pre- under part I of subchapter D of chapter 1 or nor decreasing, contribution base units, the to comply with other applicable law, or the ceding plan years, if such employer has con- plan actuary may assume future contribu- tributed at least 10 percent of the total con- amendment provides for only a de minimis tion base units will remain unchanged in- increase in the liabilities of the plan.’’. tributions to the plan over such 5 plan years definitely, unless the actuary determines and such employer has a below investment (5) CONFORMING AMENDMENTS.— that there have been significant changes grade credit rating (but only if obtaining the (A) Paragraph (6) of section 432(f) of such that would make such assumption unreason- credit rating of such employer is not an Code, as so redesignated, is amended by able. undue burden). striking ‘‘the last sentence of paragraph (1)’’ ‘‘(iv) FUTURE CONTRIBUTION RATES.— ‘‘(ee) If such credit rating cannot be ob- and inserting ‘‘paragraph (1)(B)(i)’’. ‘‘(I) IN GENERAL.—Projections of contribu- (B) Paragraph (2) of section 432(f) of such tions shall be based on the contribution tained without undue burden, the with- Code, as so redesignated, is amended by in- rates consistent with the terms of collective drawal of the employer which has contrib- serting ‘‘, except that the next update of the bargaining and participation agreements uted the greatest total amount of contribu- rehabilitation plan shall fulfill the require- currently in effect. tions over the 5 preceding plan years, if such ment of paragraph (1)(B)(i)’’ after ‘‘for a pre- ‘‘(II) FUTURE INCREASES IN ACCORDANCE employer has contributed at least 10 percent ceding plan year’’. WITH CORRECTION PLANS.—If reasonable and of the total contributions to the plan over (i) ACTUARIAL ASSUMPTIONS.— applicable, the plan actuary may assume fu- such 5 plan years without regard to collec- (1) IN GENERAL.—Subsection (n) of section ture increases in contribution rates con- tion of any withdrawal liability. 432 of the Internal Revenue Code of 1986, as sistent with the adopted funding improve- ‘‘(ff) If no employer has contributed at redesignated by subsections (a), (d), and (e), ment plan, rehabilitation plan, or solvency least 10 percent of the total contributions to is amended— plan. the plan over the 5 preceding plan years, the

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7607 withdrawal of the employer which contrib- tation plan’’ and inserting ‘‘funding improve- ‘‘(iv) the increase or change in benefits is uted the greatest total amount of contribu- ment, rehabilitation, or solvency plan’’. required by law or is a de minimis change. tions for the current plan year, without re- (k) EFFECTIVE DATE.—Except as otherwise ‘‘(B) INCREASES UNDER CRITICAL OR CRITICAL gard to collection of any withdrawal liabil- provided in subsection (a)(7), the amend- AND DECLINING STATUS.—Unless required as a ity, unless the employer contributed less ments made by this section shall apply to condition of qualification under part I of than 1 percent of the total contributions to plan years beginning after December 31, 2020. subchapter D of chapter 1 of the Internal the plan for such plan year. (l) CREDIT RATINGS.—No requirement of Revenue Code of 1986 or to comply with other ‘‘(gg) Other assumptions consistent with section 939 or 939A of the Dodd-Frank Wall applicable law, in the case of a plan which is the projection based on the actuary’s best es- Street Reform and Consumer Protection Act in critical or critical and declining status, no timate assumptions.’’. (124 Stat. 1887; 15 U.S.C. 78o–7 note) shall increase in benefits, change in the accrual apply with respect to the amendment made (3) CONFORMING AMENDMENTS.— rate of benefits, or change in the rate at (A) Section 432(b)(5)(B)(i) of such Code, as by subsection (i)(2). which benefits become nonforfeitable which redesignated by this section, is amended by SEC. 212. AMENDMENTS TO EMPLOYEE RETIRE- increases plan liabilities shall take effect striking ‘‘assumptions’’ and inserting ‘‘as- MENT INCOME SECURITY ACT OF while the plan is in such status, without re- 1974. sumptions meeting the requirements of sub- gard to whether such increase or change (a) RULES APPLYING TO ALL MULTIEM- section (n)(11)’’. would otherwise occur under the provisions PLOYER PLANS.— (B) Section 432(b)(5)(A)(vi) of such Code, as of the plan, unless the increase in plan liabil- (1) IN GENERAL.—Subsection (a) of section ities due to the change is de minimis. amended by this section and section 321, is 305 of the Employee Retirement Income Se- further amended by striking ‘‘reasonable ac- ‘‘(2) CONTRIBUTION REDUCTIONS.—The plan curity Act of 1974 (29 U.S.C. 1085) is amend- sponsor of any multiemployer plan shall not tuarial assumptions’’ and inserting ‘‘assump- ed— tions meeting the requirements of subsection accept any collective bargaining agreement (A) by striking ‘‘a multiemployer plan in or participation agreement which reduces (n)(11)’’. effect on July 16, 2006—’’ and inserting ‘‘any (C) Paragraph (3) of section 432(d) of such the rate of contributions under the plan for multiemployer plan—’’, any participants, suspends contributions Code, as amended by subsection (g), is fur- (B) by redesignating paragraphs (1), (2), ther amended by striking ‘‘reasonable actu- with respect to any period of service, or di- and (3) as paragraphs (2), (3), and (4), respec- rectly or indirectly excludes younger, proba- arial assumptions’’ and inserting ‘‘assump- tively, tions meeting the requirements of subsection tionary, or newly hired employees from par- (C) by inserting before paragraph (2), as so ticipation in the plan, unless— (n)(11)’’. redesignated, the following new paragraph: (D) Clause (i) of section 432(f)(3)(A) of such ‘‘(A) the plan is in unrestricted status as of ‘‘(1) the rules of subsection (c) shall the adoption of such agreement and the plan Code, as amended by subsection (h), is fur- apply,’’, ther amended by striking ‘‘reasonable actu- actuary certifies in accordance with sub- (D) by striking ‘‘subsection (c)’’ in para- section (b)(4) that the reduction in contribu- arial assumptions’’ and inserting ‘‘assump- graph (2)(A), as so redesignated, and insert- tions meeting the requirements of subsection tions will not cause the plan to no longer be ing ‘‘subsection (d)’’, in unrestricted status, (n)(11)’’. (E) by striking ‘‘subsection (d)’’ in para- (E) Section 432(h)(3) of such Code, as added ‘‘(B) the reduction in contributions is ac- graph (2)(B), as so redesignated, and insert- companied by a reduction in future accruals by subsection (d), is amended by striking ing ‘‘subsection (e)’’, for the affected participants, and the plan ‘‘reasonable actuarial assumptions’’ and in- (F) by striking ‘‘subsection (e)’’ in para- actuary certifies in accordance with sub- serting ‘‘assumptions meeting the require- graph (3)(A), as so redesignated, and insert- section (b)(4) that the combined effect of the ments of subsection (n)(11)’’. ing ‘‘subsection (f)’’, changes in contributions and benefits is not (j) CONFORMING AMENDMENTS RELATING TO (G) by striking ‘‘subsection (f)’’ in para- projected to reduce the funded percentage of LEGACY PLANS.— graph (3)(B), as so redesignated, and insert- the plan in any year, or (1) Subsections (a)(3)(F), (b)(1)(B)(i), ing ‘‘subsection (g)’’, and ‘‘(C) subject to regulations issued by the (b)(1)(H)(iv), and (d)(6)(A) of section 411 of (H) by striking ‘‘subsection (e)(9)’’ in para- Secretary of the Treasury, the plan sponsor the Internal Revenue Code of 1986, as amend- graph (4)(B), as so redesignated, and insert- reasonably determines that the acceptance ed by title V, are each further amended by ing ‘‘subsection (f)(9)’’. of such an agreement is in the best interests striking ‘‘432(f)’’ each place it appears and (2) RULES OF IMMEDIATE APPLICATION.—Sec- of plan participants and beneficiaries and inserting ‘‘432(h)(8)’’. tion 305 of such Act (29 U.S.C. 1085) is amend- that rejection of the agreement would have (2) Sections 431(b)(10), 440A(d)(2)(D), and ed— an adverse financial effect on the plan.’’. 440A(d)(4) of such Code, as added by title V, (A) by redesignating subsections (c), (d), (3) STABLE AND UNRESTRICTED PLANS.—Sub- are each amended by striking ‘‘endangered (e), (f), (g), (h), (i), and (j) as subsections (d), section (b) of section 305 of such Act (29 or critical’’ and inserting ‘‘endangered, crit- (e), (f), (g), (h), (i), (j), and (k), respectively, U.S.C. 1085) is amended— ical, or declining’’. and (A) by striking ‘‘ENDANGERED AND CRIT- (3) Section 437(b)(1) of such Act, as so (B) by inserting after subsection (b) the ICAL’’ in the heading, added, is amended by striking ‘‘endangered following new subsection: (B) by redesignating paragraphs (1), (2), (3), or critical’’ both places it appears and insert- ‘‘(c) RULES APPLYING TO ALL MULTIEM- (4), (5), and (6) as paragraphs (2), (3), (4), (5), ing ‘‘endangered, critical, or declining’’. PLOYER PLANS.— (6), and (7), respectively, and (4) Sections 437(b)(5)(B) and 440A(b)(1)(A) of ‘‘(1) BENEFIT INCREASES.— (C) by inserting before paragraph (2) the such Code, as so added, are each amended by ‘‘(A) INCREASES BY PLAN AMENDMENT.—The following new paragraph: striking ‘‘endangered or critical’’ and insert- plan sponsor of any multiemployer plan shall ‘‘(1) STABLE AND UNRESTRICTED STATUS.— ing ‘‘endangered, critical, or declining’’. not adopt a plan amendment which increases ‘‘(A) STABLE.—A multiemployer plan is in (5) Sections 437(b)(1), 437(b)(5)(B), plan liabilities (as determined as of the date stable status for a plan year if, as deter- 440A(b)(1)(A), and 440A(e)(3) of such Code, as of the adoption of the amendment) due to mined by the plan actuary under paragraph so added, are each amended by striking any increase in benefits, any change in the (4), the plan is not in unrestricted status for ‘‘432(b)(4)’’ and inserting ‘‘432(b)(5)’’. accrual rate of benefits, or any change in the the plan year, is not in endangered, critical, (6) Sections 438(b)(5) and 440A(d)(2)(A) of rate at which benefits become nonforfeit- or critical and declining status for the plan such Code, as so added, are each amended by able, unless— year, and is not described in paragraph (6). striking ‘‘432(b)(4)(B)’’ and inserting ‘‘(i) if the plan is in unrestricted status as ‘‘(B) UNRESTRICTED.—A multiemployer ‘‘432(b)(5)(B)’’. of the adoption of such amendment, the plan plan is in unrestricted status for a plan year (7) Section 438(b)(1) of such Code, as so actuary certifies in accordance with sub- if, as determined by the plan actuary under added, is amended by striking ‘‘and’’ at the section (b)(4) that the increase in liabilities paragraph (4)— end of subparagraph (B), by striking the pe- will not cause the plan to no longer be in un- ‘‘(i) the plan is not in endangered, critical, riod at the end of subparagraph (C) and in- restricted status, or critical and declining status for the plan serting ‘‘, and’’, and by adding at the end the ‘‘(ii) if the plan is in stable status as of the year, following new subparagraph: adoption of such amendment, the plan actu- ‘‘(ii) the plan is not described in paragraph ‘‘(D) consistent with the principles of sub- ary certifies in accordance with subsection (6), and paragraphs (B), (C), and (D) of section (b)(4) that any such increase or change in ‘‘(iii) as of the beginning of the plan year— 432(n)(11).’’. benefits will be paid from additional con- ‘‘(I) the plan’s current liability funded per- (8) Section 439(a)(2)(D) of such Code, as so tributions not required by any collective centage for such plan year is at least 70 per- added, is amended by striking bargaining agreement in effect as of the cent and the plan’s projected funded percent- ‘‘432(f)(9)(D)(vi)’’ and inserting adoption of the amendment, age as of the first day of the 15th succeeding ‘‘432(h)(8)(D)(vi)’’. ‘‘(iii) if the plan is in endangered status as plan year is at least 115 percent, or (9) Section 439(a)(3) of such Code, as so of the adoption of such amendment, the plan ‘‘(II) the plan’s current liability funded added, is amended by striking ‘‘432(f)(8)’’ and actuary certifies in accordance with sub- percentage for such plan year is at least 80 inserting ‘‘432(m)(1)(D)’’. section (b)(4) that any such increase or percent. (10) Section 440A(d)(2)(D) of such Code, as change in benefits will be paid from addi- ‘‘(C) CURRENT LIABILITY FUNDED PERCENT- so added and amended, is further amended by tional contributions not contemplated in AGE.—For purposes of this section, the term striking ‘‘funding improvement or rehabili- any current funding improvement plan, or ‘current liability funded percentage’ means

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7608 CONGRESSIONAL RECORD — SENATE December 17, 2020 the percentage equal to a fraction the nu- (II) by striking ‘‘paragraph (1)(A)’’ and in- (I) by striking ‘‘subsection (c)’’ and insert- merator of which is the value of plan assets serting ‘‘paragraph (2)(A)’’, and ing ‘‘subsection (d)’’, and (as determined for purposes of section (III) by striking ‘‘paragraph (1)(B)’’ and in- (II) by striking ‘‘subsection (e)’’ and insert- 304(c)(6)(A)(ii)(II)) and the denominator of serting ‘‘paragraph (2)(B)’’. ing ‘‘subsection (f)’’. which is the current liabilities of the plan (vi) Section 305(b)(7) of such Act (29 U.S.C. (xviii) Section 305(j)(2) of such Act (29 (as defined in section 304(c)(6)(D)).’’. 1085(b)(7)), as so redesignated, is amended by U.S.C. 1085(j)(2)), as so redesignated, is (4) AMENDMENT TO ANNUAL CERTIFICATION striking ‘‘paragraph (2)’’ and inserting amended by striking ‘‘subsections (c) and BY PLAN ACTUARY.—Subparagraph (A) of ‘‘paragraph (3)’’. (e)’’ and inserting ‘‘subsections (d) and (f)’’. paragraph (4) (as redesignated by paragraph (vii) Paragraphs (1)(A), (4)(A)(ii), (4)(C)(i), (xix) Section 101(f)(2)(B) of such Act (29 (3)) of section 305(b) of such Act (29 U.S.C. (4)(C)(ii), (4)(D), (5)(A)(i), (5)(B), and (8) of U.S.C. 1021(f)(2)(B)) is amended— 1085(b)) is amended by inserting ‘‘whether or subsection (d), and subsections (e)(2), (I) by striking ‘‘305(i)’’ in clause (i)(II) and not the plan is in unrestricted or stable sta- (f)(1)(A), (f)(4)(B)(i), (f)(4)(B)(ii)(I), (f)(5), and inserting ‘‘305(k)’’, and tus for such plan year,’’ in clause (i) before (g)(3) of section 305 of such Act (29 U.S.C. (II) by striking ‘‘305(i)(8)’’ in clause (ii)(II) ‘‘whether or not the plan is in endangered 1085), as respectively redesignated by para- and inserting ‘‘305(k)(8)’’. status’’. graph (2), are each amended by striking (xx) Section 103(f)(1)(B)(ii) of such Act (29 (5) CONFORMING AND TECHNICAL AMEND- ‘‘subsection (b)(3)(A)’’ and inserting ‘‘sub- U.S.C. 1023(f)(1)(B)(ii)) is amended by strik- MENTS.— section (b)(4)(A)’’. ing ‘‘305(i)(2)’’ and inserting ‘‘305(k)(2)’’. (A) TECHNICAL CORRECTION.—Section (viii) Section 305(d)(3)(A)(i)(I) of such Act (xxi) Section 302(b)(3) of such Act (29 U.S.C. 305(b)(3)(B) of such Act (29 U.S.C. (29 U.S.C. 1085(d)(3)(A)(i)(I)), as so redesig- 1082) is amended by striking ‘‘section 305(e)’’ 1085(b)(3)(B)) is amended by redesignating nated, is amended by striking ‘‘paragraph and inserting ‘‘section 305(f)’’. the clause (iv) relating to projections of crit- (b)(3)’’ and inserting ‘‘subsection (b)(4)’’. (xxii) Section 4231(e)(2)(A) of such Act (29 ical and declining status, as added by section (ix) Section 305(d)(4)(D) of such Act (29 U.S.C. 1411(e)(2)(A)) is amended by striking 201(a)(5) of the Consolidated and Further U.S.C. 1085(d)(4)(D)), as so redesignated, is ‘‘section 305(b)(4)’’ and inserting ‘‘305(b)(7)’’. Continuing Appropriations Act, 2015, as amended by striking ‘‘subsection (d)’’ and in- (xxiii) Section 4233 of such Act (29 U.S.C. clause (v), and by moving such clause to the serting ‘‘subsection (e)’’. 1413) is amended— position immediately after clause (iv). (x) Section 305(e) of such Act (29 U.S.C. (I) by striking ‘‘305(e)(9)’’ each place it ap- (B) CONFORMING AMENDMENTS.— 1085(e)), as so redesignated, is amended to pears in subsections (b)(2) and (e)(1)(A) and (i) Paragraphs (2) and (3) of section 305(b) read as follows: inserting ‘‘305(f)(9)’’, and of such Act (29 U.S.C. 1085(b)), as redesig- ‘‘(e) RULES FOR OPERATION OF PLAN DURING (II) by striking ‘‘305(e)(9)(E)(vi)’’ in sub- nated by paragraph (3), are each amended by ADOPTION AND IMPROVEMENT PERIODS.—A section (e)(2) and inserting ‘‘305(f)(9)(E)(vi)’’. striking ‘‘paragraph (3)’’ and inserting plan may not be amended after the date of (xxiv) Section 4245 of such Act (29 U.S.C. ‘‘paragraph (4)’’. the adoption of a funding improvement plan 1426), as amended by this Act, is amended— (ii) Section 305(b)(2) of such Act (29 U.S.C. under subsection (d) so as to be inconsistent (I) by striking ‘‘305(b)(2),,’’ in subsection 1085(b)(2)), as so redesignated and amended, with the funding improvement plan or the (c)(1), as redesignated by section 112, and in- is further amended by striking ‘‘paragraph requirements of subsection (c).’’. serting ‘‘305(b)(3),’’, (5)’’ and inserting ‘‘paragraph (6)’’. (xi) Clauses (i)(I) and (ii)(I) of section (II) by striking ‘‘305(b)(2)’’ each place it ap- (iii) Section 305(b)(4) of such Act (29 U.S.C. 305(f)(4)(B) of such Act (29 U.S.C. pears in subsections (c)(2), (d)(1), and (d)(2), 1085(b)(4)), as so redesignated, is amended— 1085(f)(4)(B)), as so redesignated, are each as so redesignated, and inserting ‘‘305(b)(3)’’, (I) by striking ‘‘paragraph (4)’’ in subpara- amended by striking ‘‘subsection (b)(2)’’ and and graph (B)(iv) thereof and inserting ‘‘para- inserting ‘‘subsection (b)(3)’’. (III) by striking ‘‘305(e)(9)’’ in subsection graph (5)’’, (xii) Subsections (f)(8)(A)(ii) and (g)(2)(A) (f), as so redesignated, and inserting (II) by striking ‘‘subsection (e)(9)’’ both of section 305 of such Act (29 U.S.C. 1085), as ‘‘305(f)(9)’’. places it appears in subparagraph (B)(v), as so redesignated, are each amended by strik- (xxv) The heading of section 305 of such redesignated by subparagraph (A), and in- ing ‘‘subsection (b)(3)(D)’’ and inserting Act (29 U.S.C. 1085) is amended by striking serting ‘‘subsection (f)(9)’’, ‘‘subsection (b)(4)(D)’’. ‘‘IN ENDANGERED STATUS OR CRITICAL STATUS’’. (III) by striking ‘‘subsection (e)(3)(A)(ii)’’ (xiii) Section 305(f)(9)(J) of such Act (29 (6) WITHDRAWAL LIABILITY DETERMINATION in subparagraph (B)(v), as so redesignated, U.S.C. 1085(f)(9)(J)), as so redesignated, is FOR PLANS EMERGING FROM ENDANGERED OR and inserting ‘‘subsection (f)(3)(A)(ii)’’, amended— CRITICAL STATUS.—Section 305(h) of such Act (IV) by striking ‘‘subsection (e)’’ in sub- (I) by striking ‘‘subsection (b)(3)’’ and in- (29 U.S.C. 1085(h)), as redesignated by para- paragraph (B)(v), as so redesignated, and in- serting ‘‘subsection (b)(4)’’, and graph (2) and as amended by paragraph (5), is serting ‘‘subsection (f)’’, (II) by striking ‘‘paragraphs (1) and (2)’’ in further amended by striking paragraph (4) (V) by striking ‘‘paragraph (4)’’ each place clause (i) thereof and inserting ‘‘paragraphs and by inserting after paragraph (3) the fol- it appears in subparagraphs (D)(i) and (D)(v) (2) and (3)’’. lowing new paragraph: thereof and inserting ‘‘paragraph (5)’’, (xiv) Subparagraphs (A) and (B) of section ‘‘(4) EMERGENCE FROM ENDANGERED OR CRIT- (VI) by striking ‘‘subsection (e)(8)’’ in sub- 305(g)(1) of such Act (29 U.S.C. 1085(g)(1)), as ICAL STATUS.— paragraph (D)(iii)(I) thereof and inserting so redesignated, are each amended by strik- ‘‘(A) IN GENERAL.—In the case of increases ‘‘subsection (f)(8)’’, ing ‘‘subsection (e)’’ and inserting ‘‘sub- in the contribution rate (or other increases (VII) by striking ‘‘paragraph (5)’’ in sub- section (f)’’. in contribution requirements unless due to paragraph (D)(iii) thereof and inserting (xv) Paragraph (2)(A) of section 305(g) of increased levels of work, employment, or pe- ‘‘paragraph (6)’’, and such Act (29 U.S.C. 1085(g)), as so redesig- riods for which compensation is provided) (VIII) by striking ‘‘(iii) In the case of’’ in nated, is amended by striking ‘‘(b)(3)(D)’’ and disregarded pursuant to paragraph (3), this subparagraph (D)(iii) thereof and inserting inserting ‘‘(b)(4)(D)’’. subsection shall cease to apply as of the ‘‘(iii) SPECIAL RULE.—’’. (xvi) Section 305(h) of such Act (29 U.S.C. later of— (iv) Section 305(b)(5) of such Act (29 U.S.C. 1085(h)), as so redesignated, is amended— ‘‘(i) the end of the first plan year following 1085(b)(5)), as redesignated by paragraph (3), (I) by striking ‘‘subsection (e)(8) or (f)’’ in the plan year in which the plan is no longer is amended— paragraph (1) thereof and inserting ‘‘sub- in endangered or critical status, or (I) by striking ‘‘paragraph (2)’’ and insert- section (f)(8) or (g)’’, ‘‘(ii) the end of the plan year which in- ing ‘‘paragraph (3)’’, (II) by striking ‘‘subsection (e)(9)’’ in para- cludes the expiration date of the first collec- (II) by striking ‘‘paragraph (3)(B)(iv)’’ and graph (1) thereof and inserting ‘‘subsection tive bargaining agreement requiring plan inserting ‘‘paragraph (4)(B)(iv)’’, (f)(9)’’, contributions which expires after the plan is (III) by striking ‘‘paragraph (3)’’ in sub- (III) by striking ‘‘subsection (e)(7)’’ in no longer in endangered or critical status. paragraph (A) thereof and inserting ‘‘para- paragraph (2) thereof and inserting ‘‘sub- ‘‘(B) HIGHEST CONTRIBUTION RATE.—Not- graph (4)’’, section (f)(7)’’, and withstanding subparagraph (A), once the (IV) by striking ‘‘paragraph (3)(A)’’ in sub- (IV) by striking ‘‘rehabilitation plan’’ and plan emerges from endangered or critical paragraph (A) thereof and inserting ‘‘para- all that follows in paragraph (3)(B) thereof status— graph (4)(A)’’, and inserting ‘‘rehabilitation plan. The pre- ‘‘(i) increases in the contribution rate dis- (V) by striking ‘‘paragraph (2)’’ in subpara- ceding sentence shall not apply to any in- regarded pursuant to paragraph (3) shall con- graph (B) thereof and inserting ‘‘paragraph crease in contribution requirements due to tinue to be disregarded in determining the (3)’’, and increased levels of work, employment, or pe- highest contribution rate under section (VI) by striking ‘‘subsection (e)(4)(B)’’ in riods for which compensation is provided, ex- 4219(c) for plan years during which the plan subparagraph (C) thereof and inserting ‘‘sub- cept to the extent such an increase is used to was in endangered or critical status, and section (f)(4)(B)’’. provide an increased accrual rate of benefits ‘‘(ii) the highest contribution rate for pur- (v) Section 305(b)(6)(A) of such Act (29 or change in the rate at which benefits be- poses of such section shall be the greater of— U.S.C. 1085(b)(6)(A)), as so redesignated, is come nonforfeitable which increases plan li- ‘‘(I) the sum of— amended— abilities.’’. ‘‘(aa) the employer’s contribution rate as (I) by striking ‘‘paragraph (3)(A)’’ and in- (xvii) Section 305(i) of such Act (29 U.S.C. of the later of the last day of the last plan serting ‘‘paragraph (4)(A)’’, 1085(i)), as so redesignated, is amended— year ending before December 31, 2014, and the

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7609 last day of the plan year for which the em- (ii) Subparagraphs (A) and (B)(i) of sub- (II) by striking ‘‘paragraph (5)’’ each place ployer first had an obligation to contribute section (b)(1), as added by subsection (a)(3). it appears in subparagraphs (D)(i) and (D)(vi) to the plan, and (iii) Subsection (b)(4)(B)(v) (as redesig- thereof and inserting ‘‘paragraph (6)’’, and ‘‘(bb) any contribution increases deter- nated by subsection (a)(3)). (III) by striking ‘‘paragraph (6)’’ in sub- mined in accordance with this section after (iv) The heading of clause (v) of subsection paragraph (D)(iv) thereof and inserting such later date and before the date the em- (b)(4)(B), as redesignated by subsection (a)(3). ‘‘paragraph (7)’’. ployer withdraws from the plan, or (v) Paragraph (1)(B), and the heading of (iv) Section 305(b)(6) of such Act (29 U.S.C. ‘‘(II) the highest contribution rate for any such paragraph (1)(B), of subsection (c), as 1085(b)(6)), as so further redesignated and plan year after the plan year which includes added by subsection (a)(2). amended, is further amended— the earlier of— (vi) The heading of paragraph (9) of sub- (I) by striking ‘‘paragraph (4)(B)(iv)’’ and ‘‘(aa) the expiration date of the first col- section (f) (as redesignated by subsection inserting ‘‘paragraph (5)(B)(iv)’’, lective bargaining agreement applicable to (a)(2)). (II) by striking ‘‘paragraph (4)’’ in subpara- the withdrawing employer requiring plan (vii) Subparagraphs (A), (C), (G)(i), and (J) graph (A) thereof and inserting ‘‘paragraph contributions which expires after the plan is of subsection (f)(9) (as so redesignated). (5)’’, and no longer in endangered or critical status, or (viii) Subsection (h)(1) (as so redesignated). (III) by striking ‘‘paragraph (4)(A)’’ in sub- ‘‘(bb) the date as of which the withdrawing (B) Subsections (c), as amended by section paragraph (A) thereof and inserting ‘‘para- employer negotiated a contribution rate ef- 221, and (e)(2)(A), as amended by this section, graph (5)(A)’’. fective after the plan year in which the plan of section 4231 of such Act (29 U.S.C. (v) Section 305(b)(7)(A) of such Act (29 is no longer in endangered or critical sta- 1411(e)(2)(A)) are each further amended by U.S.C. 1085(b)(7)(A)), as so further redesig- tus.’’. striking ‘‘critical and declining status’’ and nated and amended, is further amended— (7) EFFECTIVE DATE.—The amendments inserting ‘‘declining status’’. (I) by striking ‘‘paragraph (4)(A)’’ and in- made by this subsection shall take effect on (C) Section 4233(b)(1) of such Act (29 U.S.C. serting ‘‘paragraph (5)(A)’’, and the date of the enactment of this Act. 1413(b)(1)) is amended by striking ‘‘critical (II) by striking ‘‘either paragraph (2)(A) or (b) DETERMINATION OF ENDANGERED STA- and declining status’’ and inserting ‘‘declin- paragraph (2)(B)’’ and inserting ‘‘any sub- TUS.—Paragraph (2) of section 305(b) of the Employee Retirement Income Security Act ing status’’. paragraph of paragraph (2)’’. of 1974 (29 U.S.C. 1085(b)), as redesignated by (D) Section 4245(f) of such Act (29 U.S.C. (vi) Section 305(b)(7)(B) of such Act (29 subsection (a)(3), is amended to read as fol- 1426), as amended by section 112 and sub- U.S.C. 1085(b)(7)(B)), as so further redesig- lows: section (a), is further amended by striking nated, is amended by striking ‘‘critical or ‘‘(2) ENDANGERED STATUS.—A multiem- ‘‘critical and declining status’’ and inserting endangered’’ and inserting ‘‘endangered, crit- ployer plan is in endangered status for a plan ‘‘declining status’’. ical, or declining’’. year if, as determined by the plan actuary (2) DETERMINATION OF DECLINING STATUS.— (vii) Paragraphs (1)(A), (4)(A)(ii), (4)(C)(i), under paragraph (5), the plan is not in crit- (A) IN GENERAL.—Subsection (b) of section (4)(C)(ii), (4)(D), and (8) of subsection (d), and ical or declining status for the plan year and 305 of such Act (29 U.S.C. 1085) is amended— subsections (f)(1)(A), (f)(4)(B)(i), is not described in paragraph (7), and, as of (i) by striking paragraph (7), as redesig- (f)(4)(B)(ii)(I), (f)(5), and (g)(3) of section 305 the beginning of the plan year— nated by subsection (a)(3), of such Act (29 U.S.C. 1085), as redesignated ‘‘(A) the plan’s funded percentage for such (ii) by redesignating paragraphs (4), (5), and amended by subsection (a), are each fur- plan year is less than 80 percent, and (6), as so redesignated, as paragraphs (5), ther amended by striking ‘‘subsection ‘‘(B) the plan is projected to have an accu- (6), and (7), respectively, and (b)(4)(A)’’ and inserting ‘‘subsection mulated funding deficiency for any of the 9 (iii) by inserting after paragraph (3), as so (b)(5)(A)’’. succeeding plan years, taking into account redesignated, the following new paragraph: (viii) Section 305(d)(3)(A)(i)(I) of such Act any extension of amortization periods under ‘‘(4) DECLINING STATUS.—A multiemployer (29 U.S.C. 1085(d)(3)(A)(i)(I)), as so redesig- section 304(d), or plan is in declining status for a plan year if— nated and amended, is further amended by ‘‘(C) the plan’s projected funded percentage ‘‘(A) as determined by the plan actuary striking ‘‘subsection (b)(4)’’ and inserting as of the first day of the 15th succeeding plan under paragraph (5), as of the beginning of ‘‘subsection (b)(5)’’. year is less than 100 percent.’’. the plan year the plan is projected to become (ix) Subsections (f)(8)(A)(ii) and (g)(2)(A) of (c) DETERMINATION OF CRITICAL STATUS.— insolvent within the plan year or any of the section 305 of such Act (29 U.S.C. 1085), as so Paragraph (3) of section 305(b) of the Em- 29 succeeding plan years, redesignated and amended, are each further ployee Retirement Income Security Act of ‘‘(B) the plan is otherwise in critical status amended by striking ‘‘subsection (b)(4)(D)’’ 1974 (29 U.S.C. 1085(b)), as redesignated by for the plan year as determined by the plan and inserting ‘‘subsection (b)(5)(D)’’. subsection (a)(3), is amended to read as fol- actuary under paragraph (5), and the plan (x) Section 305(f)(9)(J) of such Act (29 lows: sponsor determines that, based on reasonable U.S.C. 1085(f)(9)(J)), as so redesignated and ‘‘(3) CRITICAL STATUS.— actuarial assumptions and upon exhaustion amended, is further amended by striking ‘‘(A) IN GENERAL.—A multiemployer plan is of all reasonable measures, the plan cannot ‘‘subsection (b)(4)’’ and inserting ‘‘subsection in critical status for a plan year if, as deter- reasonably be expected to emerge from crit- (b)(5)’’. mined by the plan actuary under paragraph ical status within the next 30 plan years, or (xi) Section 4231(e)(2)(A) of such Act (29 (5), the plan is not in declining status for the ‘‘(C) the plan has a funded percentage for U.S.C. 1411(e)(2)(A)), as amended by this sec- plan year and, as of the beginning of the plan the plan year which is greater than the pro- tion, is further amended by striking year— jected funded percentage as of the first day ‘‘305(b)(7)’’ and inserting ‘‘305(b)(4)’’. ‘‘(i) the plan’s funded percentage is less of the 15th succeeding plan year, unless the (3) SOLVENCY PLAN.— than 65 percent, funded percentage for the plan year is 100 (A) IN GENERAL.—Paragraph (4) (as redesig- ‘‘(ii) the plan has an accumulated funding percent or greater and the projected funded nated by subsection (a)(1) and amended by deficiency for the plan year, or is projected percentage as of the first day of such 15th paragraph (1)) of section 305(a) of such Act to have such an accumulated funding defi- succeeding plan year is less than 100 per- (29 U.S.C. 1085(a)) is amended— ciency for any of the 6 succeeding plan years, cent.’’. (i) by redesignating subparagraph (B) as taking into account any extension of amorti- (B) CONFORMING AMENDMENTS.— subparagraph (D), and zation periods under section 304(d), or (i) Paragraph (1) of section 305(b) of such (ii) by striking subparagraph (A) and in- ‘‘(iii) the plan’s projected funded percent- Act (29 U.S.C. 1085), as added by subsection serting before subparagraph (D) (as so redes- age as of the first day of the 15th succeeding (a)(3), is amended— ignated) the following new subparagraphs: plan year is less than 80 percent. (I) by striking ‘‘paragraph (4)’’ each place ‘‘(A) the plan sponsor shall adopt and im- ‘‘(B) ORIGINAL PLANS.—Notwithstanding it appears in subparagraphs (A) and (B) and plement a solvency plan in accordance with subparagraph (A), a multiemployer plan inserting ‘‘paragraph (5)’’, and the requirements of subsection (h), which is an original plan pursuant to section (II) by striking ‘‘paragraph (6)’’ each place ‘‘(B) any rehabilitation plan in place as of 4233A(d)(3) shall be treated as being in crit- it appears in subparagraphs (A) and (B) and the date the plan enters declining status ical status for the period of 15 consecutive inserting ‘‘paragraph (7)’’. shall continue to apply throughout the sol- plan years beginning with the plan year that (ii) Subsection (c) of section 305 of such Act vency plan adoption period, includes the date of the partition under sec- (29 U.S.C. 1085), as added by subsection (a)(2), ‘‘(C) the requirements of subsection (i) and tion 4233A.’’. is amended by striking ‘‘(b)(4)’’ each place it paragraphs (6) and (7) of subsection (f) shall (d) DECLINING STATUS.— appears in paragraphs (1)(A)(i), (1)(A)(ii), apply during the solvency plan adoption pe- (1) IN GENERAL.— (1)(A)(iii), (2)(A), and (2)(B) and inserting riod and the solvency attainment period, (A) The following provisions of section 305 ‘‘(b)(5)’’. and’’. of the Employee Retirement Income Secu- (iii) Section 305(b)(5) of such Act (29 U.S.C. (B) ADOPTION OF PLAN.—Section 305 of such rity Act of 1974 (29 U.S.C. 1085) are each 1085(b)(5)), as further redesignated by sub- Act (29 U.S.C. 1085), as amended by this sec- amended by striking ‘‘critical and declining’’ paragraph (A) and as amended by section 321 tion, is further amended— each place it appears and inserting ‘‘declin- and subsection (a), is further amended— (i) by redesignating subsection (l), as added ing’’: (I) by striking ‘‘paragraph (5)’’ in subpara- by title V of this Act, as subsection (n), and (i) Subsection (a)(4) (as redesignated by graph (B)(iv) thereof and inserting ‘‘para- by further redesignating subsections (h), (i), subsection (a)(1)). graph (6)’’, (j), and (k), as redesignated by subsection

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7610 CONGRESSIONAL RECORD — SENATE December 17, 2020 (a)(2), as subsections (j), (k), (l), and (m), re- ‘‘(ii) ending on the date the plan either pires, shall be implemented by the plan spon- spectively, and emerges from declining status or becomes in- sor beginning on the date specified in sub- (ii) by inserting after subsection (g), as re- solvent. paragraph (C). designated by subsection (a)(2), the following ‘‘(B) COORDINATION WITH CHANGES IN STA- ‘‘(C) DATE OF IMPLEMENTATION.—The date new subsections: TUS.— specified in this subparagraph is the date ‘‘(h) SOLVENCY PLAN MUST BE ADOPTED FOR ‘‘(i) PLANS NO LONGER IN DECLINING STA- which is 180 days after the date on which the MULTIEMPLOYER PLANS IN DECLINING STA- TUS.—If the plan’s actuary certifies in ac- collective bargaining agreement described in TUS.— cordance with subparagraph (C) for a plan subparagraph (A) or (B) expires. ‘‘(1) IN GENERAL.—In any case in which a year in any solvency plan adoption period or ‘‘(7) SOLVENCY PLAN ADOPTION PERIOD.—For multiemployer plan is in declining status for solvency attainment period that the plan is purposes of this section, the term ‘solvency a plan year, the plan sponsor, in accordance no longer in declining status, the solvency plan adoption period’ means the period be- with this subsection— plan adoption period or solvency attainment ginning on the date of the certification ‘‘(A) shall adopt a solvency plan not later period, whichever is applicable, shall end as under subsection (b)(5)(A) for the initial de- than 240 days following the required date for of the date of such certification. termination year and ending on the day be- the actuarial certification of declining sta- ‘‘(ii) PLANS IN CRITICAL OR ENDANGERED fore the first day of the solvency attainment tus under subsection (b)(5)(A), and STATUS.—If the plan’s actuary certifies under period. ‘‘(B) within 30 days after the adoption of subsection (b)(5)(A) for the plan year de- ‘‘(i) RULES FOR OPERATION OF PLAN DURING the solvency plan shall provide to the bar- scribed in clause (i) that the plan is in crit- ADOPTION AND ATTAINMENT PERIODS.— gaining parties 1 or more schedules showing ical or endangered rather than declining sta- ‘‘(1) COMPLIANCE WITH SOLVENCY PLAN.— revised benefit structures, revised contribu- tus, the provisions of subsections (d) and (e), ‘‘(A) IN GENERAL.—A plan may not be tion structures, or both, which, if adopted, or subsections (f) and (g), whichever are ap- amended after the date of the adoption of a may reasonably be expected to enable the plicable, shall be applied as if such plan year solvency plan under subsection (h) so as to multiemployer plan to meet the require- were an initial determination year, except be inconsistent with the solvency plan. ments of paragraph (3), including— that the plan may not be amended in a man- ‘‘(B) SPECIAL RULES FOR BENEFIT IN- ‘‘(i) one default proposal under which— ner inconsistent with the solvency plan in ef- CREASES.—A plan may not be amended after ‘‘(I) all adjustable benefits in the form of fect for the preceding plan year until a new the date of the adoption of a solvency plan early retirement subsidies (including early funding improvement plan or rehabilitation under subsection (h) so as to increase bene- reduction factors which are not provided on plan, whichever is applicable, is adopted. fits, including future benefit accruals, unless an actuarially equivalent basis) under the ‘‘(C) EMERGENCE.—A plan in declining sta- the increase is required by law or is a de plan are eliminated, and tus shall remain in such status until a plan minimis change. ‘‘(II) the future monthly benefit accrual year for which the plan actuary certifies, in ‘‘(C) SPECIAL RULES FOR INCREASES IN COM- rate under the plan is reduced to the equiva- accordance with subsection (b)(5)(A), that PENSATION OR CONTRIBUTION RATE.—Any in- lent of 1 percent of annual contributions (or, the plan is not described in one or more of crease in employee compensation or con- if lower, the current accrual rate) based on the subparagraphs in subsection (b)(4) as of tribution rates which takes effect after the the contribution rate in effect as of the later the beginning of the plan year. first day of the plan year in which the plan of the first day of the plan year in which the ‘‘(5) UPDATES TO SOLVENCY PLANS AND enters declining status shall not give rise to plan enters declining status or the date of a SCHEDULES.— an increase in benefits or future benefit ac- partition under section 4233A, and ‘‘(A) SOLVENCY PLAN.—The plan sponsor cruals under the plan. which may also include reduction or elimi- shall annually update the solvency plan and ‘‘(2) RESTRICTION ON LUMP SUMS AND SIMI- nation of any other adjustable benefits under shall file the update with the plan’s annual LAR BENEFITS.— the plan, and report under section 104. ‘‘(A) IN GENERAL.—Effective on the date ‘‘(ii) any additional schedules which reduce ‘‘(B) SCHEDULES.—The plan sponsor shall the notice of certification of the plan’s de- or eliminate adjustable benefits under the annually update any schedule of contribu- clining status for the initial determination plan which the plan sponsor deems appro- tion rates provided under this subsection to year under subsection (b)(5)(D) is sent, and priate to provide as an alternative to the de- reflect the experience of the plan. notwithstanding section 204(g), the plan fault proposal. ‘‘(C) DURATION OF SCHEDULE.—A schedule of shall not pay— No schedule provided to or adopted by the contribution rates provided by the plan spon- ‘‘(i) any payment, in excess of the monthly bargaining parties shall provide for a month- sor and relied upon by bargaining parties in amount paid under a single life annuity (plus ly benefit accrual rate in excess of the rate negotiating a collective bargaining agree- any social security supplements described in described in subparagraph (B)(i)(II). ment shall remain in effect for the duration the last sentence of section 204(b)(1)(G)), to a ‘‘(2) EXCEPTION FOR YEARS AFTER PROCESS of that collective bargaining agreement. participant or beneficiary whose annuity BEGINS.—Paragraph (1) shall not apply to a ‘‘(6) IMPOSITION OF SCHEDULE WHERE FAIL- starting date (as defined in section 205(h)(2)) plan year if such year is in a solvency plan URE TO ADOPT SOLVENCY PLAN.— occurs after the date such notice is sent, adoption period or solvency attainment pe- ‘‘(A) INITIAL CONTRIBUTION SCHEDULE.—If— ‘‘(ii) any payment for the purchase of an ir- riod by reason of the plan being in declining ‘‘(i) a collective bargaining agreement pro- revocable commitment from an insurer to status for a preceding plan year, except that viding for contributions under a multiem- pay benefits, or the next update of the solvency plan shall ployer plan that was in effect at the time the ‘‘(iii) any other payment specified by the fulfill the requirement of paragraph (1)(B)(i). plan entered declining status expires, and Secretary of the Treasury by regulations, For purposes of this section, such preceding ‘‘(ii) after receiving one or more schedules unless it is a de minimis amount. plan year shall be the initial determination from the plan sponsor under paragraph ‘‘(B) EXCEPTION.—Subparagraph (A) shall year with respect to the solvency plan to (1)(B), the bargaining parties with respect to not apply to a benefit which under section which it relates. such agreement fail to adopt a contribution 203(e) may be immediately distributed with- ‘‘(3) SOLVENCY PLAN.—For purposes of this schedule with terms consistent with the sol- out the consent of the participant or to any section, a solvency plan is a plan which con- vency plan and a schedule from the plan makeup payment in the case of a retroactive sists of the actions, including options or a sponsor, annuity starting date or any similar pay- range of options to be proposed to the bar- the plan sponsor shall implement the sched- ment of benefits owed with respect to a prior gaining parties, formulated, based on reason- ule described in paragraph (1)(B)(i) beginning period. ably anticipated experience and reasonable on the date specified in subparagraph (C). ‘‘(3) SPECIAL RULES FOR PLAN ADOPTION PE- actuarial assumptions, to enable the plan to ‘‘(B) SUBSEQUENT CONTRIBUTION SCHED- RIOD.—During the period beginning on the delay or avoid the projected insolvency. ULE.—If— date of the certification under subsection ‘‘(4) SOLVENCY ATTAINMENT PERIOD.—For ‘‘(i) a collective bargaining agreement pro- (b)(5)(A) for the initial determination year purposes of this section— viding for contributions under a multiem- and ending on the date of the adoption of a ‘‘(A) IN GENERAL.—Except as provided in ployer plan in accordance with a schedule solvency plan— subparagraph (B), the solvency attainment provided by the plan sponsor pursuant to a ‘‘(A) the plan sponsor may not accept a period for any solvency plan adopted pursu- solvency plan (or imposed under subpara- collective bargaining agreement or partici- ant to this subsection is the period— graph (A)) expires while the plan is still in pation agreement with respect to the multi- ‘‘(i) beginning on the first day of the first declining status, and employer plan that provides for— plan year of the multiemployer plan begin- ‘‘(ii) after receiving one or more updated ‘‘(i) a reduction in the level of contribu- ning after the earlier of— schedules from the plan sponsor under para- tions for any participants, ‘‘(I) the second anniversary of the date of graph (5)(B), the bargaining parties with re- ‘‘(ii) a suspension of contributions with re- the adoption of the solvency plan, or spect to such agreement fail to adopt a con- spect to any period of service, or ‘‘(II) the expiration of the collective bar- tribution schedule with terms consistent ‘‘(iii) any new direct or indirect exclusion gaining agreements in effect on the due date with the updated solvency plan and a sched- of younger or newly hired employees from for the actuarial certification of declining ule from the plan sponsor, plan participation, status for the initial determination year then the contribution schedule applicable unless the plan sponsor reasonably deter- under subsection (b)(5)(A) and covering, as of under the expired collective bargaining mines that the acceptance of such an agree- such due date, at least 75 percent of the ac- agreement, as updated and in effect on the ment is in the best interests of participants tive participants in such plan, and date the collective bargaining agreement ex- and beneficiaries and that rejection of such

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7611 agreement would adversely affect the plan, paragraph (A)(i) that a multiemployer plan (ii) by striking ‘‘funding improvement or and will be in declining status for any of 5 suc- rehabilitation’’ both places it appears and in- ‘‘(B) no amendment of the plan which in- ceeding plan years (but not for the current serting ‘‘funding improvement, rehabilita- creases the liabilities of the plan by reason plan year), the plan sponsor shall, not later tion, or solvency’’. of any increase in benefits, any change in the than 30 days after the date of the certifi- (I) Section 103(f)(1)(B)(ii) of such Act (29 accrual of benefits, or any change in the rate cation, provide notification of the projected U.S.C. 1023(f)(1)(B)(ii)), as amended by this at which benefits become nonforfeitable declining status to the Pension Benefit section, is amended by striking ‘‘305(k)(2)’’ under the plan may be adopted unless the Guaranty Corporation.’’. and inserting ‘‘305(m)(2)’’. amendment is required as a condition of (C) Subparagraph (J) of section 305(h)(8) of (J) Section 103(f)(2)(G) of such Act (29 qualification under part I of subchapter D of such Act (29 U.S.C. 1085(h)(8)), as so redesig- U.S.C. 1023(f)(2)(G)) is amended— chapter 1 of the Internal Revenue Code of nated and amended, is further amended— (i) by striking ‘‘critical or endangered’’ and 1986 or to comply with other applicable (i) by striking ‘‘CRITICAL’’ in the heading inserting ‘‘endangered, critical, or declin- law.’’. and inserting ‘‘DECLINING’’, and ing’’, and (C) SUSPENSION OF BENEFITS.—Section 305 (ii) by striking ‘‘shall not emerge from (ii) by striking ‘‘funding improvement or of such Act (29 U.S.C. 1085), as amended by critical status under paragraph (4)(B),’’ and rehabilitation’’ and inserting ‘‘funding im- this section, is further amended— inserting ‘‘shall not emerge from declining provement, rehabilitation, or solvency’’. (i) by redesignating paragraph (9) of sub- status’’. (K) Section 104(d)(1)(E) of such Act (29 section (f) (as redesignated by subsection (D) Subsection (j) of section 305 of such Act U.S.C. 1024(d)(1)(E)) is amended— (a)(2)) as paragraph (8) of subsection (h) (as (i) by striking ‘‘critical or endangered’’ and (29 U.S.C. 1085), as so redesignated and added by subparagraph (B)), and inserting ‘‘endangered, critical, or declin- amended, is further amended— (ii) by moving such paragraph to the posi- ing’’, and (i) by striking ‘‘(f)(8) or (g)’’ in paragraph tion immediately after paragraph (7) of such (ii) by striking ‘‘funding improvement or (1) and inserting ‘‘(f)(8), (g), or (i)’’, subsection (h). rehabilitation’’ and inserting ‘‘funding im- (ii) by striking ‘‘subsection (f)(9)’’ in para- (4) CONFORMING AMENDMENTS.— provement, rehabilitation, or solvency’’. graph (1) and inserting ‘‘subsection (h)(8)’’, (A) Subsection (a)(4)(D) of section 305 of (L) Section 502(a)(10) of such Act (29 U.S.C. (iii) by striking ‘‘FUNDING IMPROVEMENT OR such Act (29 U.S.C. 1085), as redesignated and 1132(a)(10)) is amended— amended by the preceding provisions of this REHABILITATION PLAN’’ in the heading of (i) by striking ‘‘endangered or critical’’ and section, is further amended by striking ‘‘sub- paragraph (3) and inserting ‘‘FUNDING IM- inserting ‘‘endangered, critical, or declin- section (f)(9)’’ and inserting ‘‘subsection PROVEMENT, REHABILITATION, OR SOLVENCY’’, ing’’, and (h)(8)’’. (iv) by striking ‘‘funding improvement (ii) by striking ‘‘funding improvement or (B) Paragraph (5) of section 305(b) of such plan or rehabilitation plan’’ both places it rehabilitation’’ each place it appears and in- Act (29 U.S.C. 1085(b)), as so redesignated and appears in subparagraphs (A) and (B) of para- serting ‘‘funding improvement, rehabilita- as amended by section 321 and the preceding graph (3) and inserting ‘‘funding improve- tion, or solvency’’. provisions of this section, is further amend- ment, rehabilitation, or solvency plan’’, (M) Section 502(c)(8) of such Act (29 U.S.C. ed— (v) by striking ‘‘ENDANGERED OR CRITICAL’’ 1132(c)(8)) is amended— (i) by striking ‘‘critical’’ in subparagraph in the heading of paragraph (4), as amended (i) by striking ‘‘funding improvement plan (A)(i)(I) and inserting ‘‘critical or declining’’, by subsection (a), and inserting ‘‘ENDAN- or rehabilitation’’ in subparagraph (A) and (ii) by striking ‘‘funding improvement or GERED, CRITICAL, OR DECLINING’’, inserting ‘‘funding improvement, rehabilita- rehabilitation period’’ in subparagraph (vi) by striking ‘‘endangered or critical’’ tion, or solvency’’, (A)(i)(II) and inserting ‘‘funding improve- each place it appears in paragraph (4), as so (ii) by striking ‘‘endangered or critical’’ in ment, rehabilitation, or solvency attainment amended, and inserting ‘‘endangered, crit- subparagraph (A) and inserting ‘‘endangered, period’’, ical, or declining’’, and critical, or declining’’, (iii) by striking ‘‘funding improvement or (vii) by striking ‘‘critical or endangered’’ (iii) by striking ‘‘which is not in seriously rehabilitation plan’’ in subparagraph in paragraph (4) and inserting ‘‘endangered, endangered status’’ in subparagraph (B), and (A)(i)(II) and inserting ‘‘funding improve- critical, or declining’’. (iv) by striking ‘‘meet the applicable ment, rehabilitation, or solvency plan’’, (E) Subsection (k) of section 305 of such benchmarks’’ in subparagraph (B) and insert- (iv) by striking ‘‘endangered or critical’’ in Act (29 U.S.C. 1085), as so redesignated and ing ‘‘emerge from endangered status’’. subparagraph (A)(i)(V)(bb) and inserting ‘‘en- amended, is further amended— (N) Section 4233 of such Act (29 U.S.C. 1413), dangered, critical, or declining’’, (i) by striking ‘‘or a rehabilitation plan as amended by this section, is further (v) by striking ‘‘funding improvement plan under subsection (f)’’ and inserting ‘‘, a reha- amended— or rehabilitation’’ in subparagraph (A)(iv) bilitation plan under subsection (f), or a sol- (i) by striking ‘‘305(f)(9)’’ each place it ap- and inserting ‘‘funding improvement, reha- vency plan under subsection (h)’’, pears in subsections (b)(2) and (e)(1)(A) and bilitation, or solvency’’, (ii) by striking ‘‘endangered status or a inserting ‘‘305(h)(8)’’, and (vi) by striking ‘‘critical’’ each place it ap- plan in critical status’’ and inserting ‘‘en- (ii) by striking ‘‘305(f)(9)(E)(vi)’’ in sub- pears in subparagraph (A)(vi) and inserting dangered, critical, or declining status’’, section (e)(2) and inserting ‘‘305(h)(8)(E)(vi)’’. ‘‘critical or declining’’, (iii) by striking ‘‘has not agreed on a fund- (O) Section 4233(m)(1) of such Act, as added (vii) by striking ‘‘rehabilitation period’’ in ing improvement plan or rehabilitation by this Act, is amended by striking ‘‘funding subparagraph (A)(vi) and inserting ‘‘rehabili- plan’’ and inserting ‘‘has not agreed on a improvement or rehabilitation’’ and insert- tation or solvency attainment period’’, funding improvement, rehabilitation, or sol- ing ‘‘funding improvement, rehabilitation, or (viii) by striking ‘‘as described in sub- vency plan (whichever is applicable)’’, and solvency’’. section (f)(9)’’ in subparagraph (B)(v), (iv) by striking ‘‘adoption of a funding im- (P) Section 4233A(h)(4)(C) of such Act, as (ix) by inserting ‘‘if the plan is already in provement plan or rehabilitation plan’’ and added by this Act, is amended by striking a rehabilitation period, and’’ before ‘‘if rea- inserting ‘‘adoption of a funding improve- ‘‘rehabilitation plan’’ and inserting ‘‘reha- sonable’’ in subparagraph (B)(v)(I), ment, rehabilitation, or solvency plan’’. bilitation or solvency plan’’. (x) by striking ‘‘subsection (f)(9)’’ in sub- (F) Subsection (l) of section 305 of such Act (Q) Section 4233A(m)(1) of such Act, as paragraph (B)(v)(II) and inserting ‘‘sub- (29 U.S.C. 1085), as so redesignated and added by this Act, is amended by striking section (h)(8)’’, amended, is further amended— ‘‘funding improvement or rehabilitation’’ (xi) by striking ‘‘endangered or critical’’ (i) by striking ‘‘endangered status or in and inserting ‘‘funding improvement, reha- both places it appears in subparagraph (D)(i) critical status’’ in paragraph (1) and insert- bilitation, or solvency’’ and inserting ‘‘endangered, critical, or de- ing ‘‘endangered, critical, or declining sta- (R) Section 4233A(o)(1) of such Act, as clining’’, tus’’, added by this Act, is amended by striking (xii) by striking ‘‘ENDANGERED OR CRIT- (ii) by striking ‘‘endangered or critical’’ in ‘‘305(k)(2)’’ and inserting ‘‘305(m)(2)’’. ICAL’’ in the heading of subparagraph (D)(ii) paragraph (1) and inserting ‘‘endangered, (S) Section 4233A(o)(12) of such Act, as and inserting ‘‘ENDANGERED, CRITICAL, OR DE- critical, or declining’’, and added by this Act, is amended by striking CLINING’’, (iii) by striking ‘‘(d) and (f)’’ in paragraph ‘‘funding improvement plan or rehabilita- (xiii) by striking ‘‘endangered or critical’’ (2) and inserting ‘‘(d), (f), and (h)’’. tion’’ and inserting ‘‘funding improvement, in subparagraph (D)(ii) and inserting ‘‘endan- (G) Section 101(f)(2)(B) of such Act (29 rehabilitation, or solvency’’. gered, critical, or declining’’, U.S.C. 1021(f)(2)(B)), as amended by this sec- (T) Section 4245 of such Act (29 U.S.C. 1426), (xiv) by striking ‘‘funding improvement or tion, is amended— as amended by section 112 and this section, is rehabilitation plan’’ both places it appears in (i) by striking ‘‘305(k)’’ in clause (i)(II) and further amended— subclauses (I) and (II) of subparagraph (D)(ii) inserting ‘‘305(m)’’, and (i) by striking ‘‘305(b)(3)’’ each place it ap- and inserting ‘‘funding improvement, reha- (ii) by striking ‘‘305(k)(8)’’ in clause (ii)(II) pears in subsections (c)(1), (c)(2), (d)(1), and bilitation, or solvency plan’’, and and inserting ‘‘305(m)(8)’’. (d)(2) and inserting ‘‘305(b)(3), or a plan in de- (xv) by adding at the end of subparagraph (H) Section 101(k)(1)(K) of such Act (29 clining status, as described in section (D) the following new clause: U.S.C. 1021(k)(1)(K)) is amended— 305(b)(4)’’, and ‘‘(vii) NOTICE OF PROJECTION TO BE IN DE- (i) by striking ‘‘critical or endangered’’ and (ii) by striking ‘‘305(f)(9)’’ in subsection (f) CLINING STATUS IN A FUTURE PLAN YEAR.—In inserting ‘‘endangered, critical, or declin- and inserting ‘‘305(h)(8)’’. any case in which it is certified under sub- ing’’, and (e) ADJUSTMENT OF BENEFITS.—

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(1) IN GENERAL.—Section 305 of the Em- (ii) by striking ‘‘paragraph (1)(B)(i)’’ and (C) Section 101(f)(2)(B) of such Act (29 ployee Retirement Income Security Act of inserting ‘‘subsection (d)(1)(B), (f)(1)(B), or U.S.C. 1021(f)(2)(B)), as amended by this sec- 1974 (29 U.S.C. 1085), as amended by this sec- (h)(1)(B), whichever is applicable’’. tion, is amended— tion, is further amended— (B) CONFORMING AMENDMENTS.—Subpara- (i) by striking ‘‘305(m)’’ in clause (i)(II) and (A) by further redesignating subsections graph (B) of section 305(m)(1) of such Act (29 inserting ‘‘305(n)’’, and (m) and (n), as redesignated by subsection U.S.C. 1085(m)(1)), as redesignated and (ii) by striking ‘‘305(m)(8)’’ in clause (ii)(II) (d), as subsections (n) and (o), respectively, amended by this section, is further amended and inserting ‘‘305(n)(8)’’. (B) by redesignating paragraph (8) of sub- by striking ‘‘critical’’ both places it appears (D) Section 103(f)(1)(B)(ii) of such Act (29 section (f), as redesignated by subsection and inserting ‘‘endangered, critical, or de- U.S.C. 1023(f)(1)(B)(ii)), as amended by this (a)(2), as subsection (m), and clining’’. section, is amended by striking ‘‘305(m)(2)’’ (C) by moving such subsection to the posi- (4) ADDITIONAL ADJUSTABLE BENEFITS.— and inserting ‘‘305(n)(2)’’. tion immediately after subsection (l). (A) IN GENERAL.—Subparagraph (D) of sec- (f) ELECTIONS TO BEINCRITICAL OR ENDAN- (2) CLERICAL AND CONFORMING AMEND- tion 305(m)(1) of such Act (29 U.S.C. GERED STATUS.— MENTS.— 1085(m)(1)), as redesignated by this section, is (1) IN GENERAL.—Paragraph (6) of section (A) The heading of subsection (m) of sec- amended— 305(b) of the Employee Retirement Income tion 305 of such Act (29 U.S.C. 1085), as redes- (i) by inserting ‘‘, including early reduc- Security Act of 1974 (29 U.S.C. 1085(b)), as re- ignated by paragraph (1), is amended to read tion factors which are not provided on an ac- designated and amended by this section, is as follows: tuarially equivalent basis,’’ after ‘‘(i))’’ in further amended— ‘‘(m) ADJUSTMENT OF BENEFITS.—’’. clause (ii), as so redesignated, (A) by striking ‘‘is not in critical status’’ (B) The following provisions of such sub- in subparagraph (A) and inserting ‘‘is not in section (m) are amended as follows: (ii) by striking ‘‘and’’ at the end of clause critical or declining status’’, (i) Subparagraphs (A), (B), and (C) are re- (ii) (as so redesignated), (B) by striking ‘‘but that is projected’’ in designated as paragraphs (1), (2), and (4), re- (iii) by striking ‘‘that would not be eligi- subparagraph (A) and inserting ‘‘but— spectively, and moved 2 ems to the left. ble’’ and all that follows through the period ‘‘(i) that is projected’’, (ii) Clauses (i), (ii), (iii), and (iv) of para- in clause (iii) (as so redesignated) and insert- (C) by striking ‘‘5 plan years may, not graph (1) (as so redesignated) are redesig- ing ‘‘which were adopted (or, if later, took later than’’ in subparagraph (A) and insert- nated as subparagraphs (A), (B), (C), and (D), effect) less than 120 months before the first ing ‘‘5 plan years, or respectively, and moved 2 ems to the left. day of the first plan year in which the plan (iii) Subclauses (I), (II), and (III) of para- was in endangered, critical, or declining sta- ‘‘(ii) that is in endangered status and is not graph (1)(D) (as so redesignated) are redesig- tus,’’, and reasonably projected to be able to emerge nated as clauses (i), (ii), and (iii), respec- (iv) by adding at the end the following new from endangered status within the funding tively, and moved 2 ems to the left. clauses: improvement period under the funding im- (iv) Clauses (i), (ii), and (iii) of paragraph ‘‘(iv) any one-time bonus payment or ‘thir- provement plan in effect, (4) (as so redesignated) are redesignated as teenth check’ provision, and may, not later than’’, and subparagraphs (A), (B), and (C), respectively, ‘‘(v) benefits granted for periods of service (D) by striking ‘‘under paragraph (3)’’ in and moved 2 ems to the left, and the flush prior to participation in the plan.’’. subparagraph (B) and inserting ‘‘under para- sentence at the end of subparagraph (C) (as (B) CONFORMING AMENDMENTS.— graph (3) or for endangered status under so redesignated) is moved 2 ems to the left. (i) Subparagraph (B) of section 305(m)(1) of paragraph (2)’’. (v) Subclauses (I), (II), and (III) of para- such Act (29 U.S.C. 1085), as redesignated and (2) ELECTION TO BE IN ENDANGERED STA- graph (4)(A) (as so redesignated) are redesig- amended by this section, is further amended TUS.—Subsection (b) of section 305 of such nated as clauses (i), (ii), and (iii), respec- by striking ‘‘subparagraph (D)(iii)’’ and in- Act (29 U.S.C. 1085), as so redesignated and tively, and moved 2 ems to the left. serting ‘‘clause (iii), (iv), or (v) of subpara- amended, is further amended by adding at (vi) Subclauses (I) and (II) of paragraph graph (D)’’. the end the following new paragraph: (4)(B) (as so redesignated) are redesignated (ii) Paragraph (2) of section 305(m) of such ‘‘(8) ELECTION TO BE IN ENDANGERED STA- as clauses (i) and (ii), respectively, and Act (29 U.S.C. 1085), as amended by paragraph TUS.—Notwithstanding paragraph (2)— moved 2 ems to the left. (2)(B), is further amended by striking ‘‘para- ‘‘(A) the plan sponsor of a multiemployer (vii) Subclauses (I), (II), and (III) of para- graph (1)(D)(iii)’’ and inserting ‘‘clause (iii), plan that is not in endangered, critical, or graph (4)(C) (as so redesignated) are redesig- (iv), or (v) of paragraph (1)(D)’’. declining status for a plan year but that is nated as clauses (i), (ii), and (iii), respec- (iii) Section 4233A(o)(1) of such Act, as projected by the plan actuary, pursuant to tively, and moved 2 ems to the left. added by this Act and as amended by this the determination under paragraph (5), to be (viii) Paragraph (1)(A), as so redesignated, section, is further amended by striking in endangered status in any of the 5 suc- is amended by striking ‘‘subparagraph (C)’’ ‘‘305(m)(2)’’ and inserting ‘‘305(n)(2)’’. ceeding plan years, may, not later than 30 and inserting ‘‘paragraph (4)’’. (5) RULES RELATING TO SUSPENSION OF BENE- days after the date of the certification under (ix) Paragraph (1)(B), as so redesignated, is FITS UPON RETURN TO WORK.—Subsection (m) paragraph (5)(A), elect to be in endangered amended by striking ‘‘clause (iv)(III)’’ and of section 305 of such Act (29 U.S.C. 1085), as status effective for the current plan year, inserting ‘‘subparagraph (D)(iii)’’. redesignated and amended by this section, is ‘‘(B) the plan year in which the plan spon- (x) Paragraph (1)(D), as so redesignated, is further amended by inserting after para- sor elects to be in endangered status under amended by striking ‘‘this paragraph’’ and graph (2) the following new paragraph: subparagraph (A) shall be treated for pur- inserting ‘‘this subsection’’. ‘‘(3) RULES RELATING TO SUSPENSION OF BEN- poses of this section as the first year in (xi) Paragraph (2), as so redesignated, is EFITS UPON RETURN TO WORK.—The plan spon- which the plan is in endangered status, re- amended— sor of a multiemployer plan in endangered, gardless of the date on which the plan first (I) by striking ‘‘subparagraph (A)(iv)(III)’’ critical, or declining status may amend rules satisfies the criteria for endangered status and inserting ‘‘paragraph (1)(D)(iii)’’, and regarding the suspension of a participant’s under paragraph (2), and (II) by striking ‘‘this paragraph’’ and in- benefits upon a return to work after com- ‘‘(C) a plan that is in endangered status serting ‘‘this subsection’’. mencement of benefits, or the commence- under this paragraph shall not emerge from (xii) Paragraph (4)(A), as so redesignated, ment of benefits after normal retirement age endangered status unless the plan’s actuary is amended by striking ‘‘subparagraph (A)’’ (including in the case of continued employ- certifies under paragraph (5)(A) that the plan and inserting ‘‘paragraph (1)’’. ment after normal retirement age). Any such is no longer in endangered status and is not (xiii) Paragraphs (4)(B) and (4)(C), as so re- changes shall apply only to future payments in critical or declining status.’’. designated, are each amended by striking of benefits.’’. (g) AMENDMENTS RELATING TO FUNDING IM- ‘‘clause (i)’’ each place it appears and insert- (6) ADDITIONAL CONFORMING AMENDMENTS.— PROVEMENT PLAN.— ing ‘‘subparagraph (A)’’. (A) Clause (iii) of section 305(b)(5)(D) of (1) IN GENERAL.—Paragraph (1) of section (xiv) The last sentence of paragraph (4)(C), such Act (29 U.S.C. 1085(b)(5)(D)), as redesig- 305(d) of the Employee Retirement Income as so redesignated, is amended— nated and amended by this section, is further Security Act of 1974 (29 U.S.C. 1085(d)), as re- (I) by striking ‘‘subclause (I)’’ and insert- amended— designated and amended by this section, is ing ‘‘clause (i)’’, and (i) by striking ‘‘CRITICAL’’ in the heading further amended— (II) by striking ‘‘this subparagraph’’ and and inserting ‘‘ENDANGERED, CRITICAL, OR DE- (A) by striking the last sentence, and inserting ‘‘this paragraph’’. CLINING’’, (B) in subparagraph (B), by striking ‘‘fund- (3) APPLICATION TO ALL PLANS IN ENDAN- (ii) by striking ‘‘critical status’’ both ing improvement plan—’’ and all that follows GERED, CRITICAL, OR DECLINING STATUS.— places it appears and inserting ‘‘endangered, and inserting ‘‘funding improvement plan, (A) IN GENERAL.—Subparagraph (A) of sec- critical, or declining status’’, and shall provide to the bargaining parties 1 or tion 305(m)(1) of such Act (29 U.S.C. (iii) by striking ‘‘subsection (f)(8)’’ in sub- more schedules showing revised benefit 1085(m)(1)), as redesignated and amended by clause (I) and inserting ‘‘subsection structures, revised contribution structures, this section, is further amended— (m)(1)(D)’’. or both, which, if adopted, may reasonably (i) by striking ‘‘the plan sponsor shall’’ and (B) Subsection (j) of section 305 of such Act be expected to enable the multiemployer inserting ‘‘the plan sponsor of a multiem- (29 U.S.C. 1085), as amended by subsection plan to meet the requirements of paragraph ployer plan in endangered, critical, or declin- (d), is further amended by striking ‘‘(f)(8), (3), including— ing status may’’, and (g), or (i)’’ and inserting ‘‘(e), (g), (i), or (m)’’. ‘‘(i) one default proposal under which—

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‘‘(I) all adjustable benefits in the form of (iii) by striking ‘‘CRITICAL STATUS’’ in the (i) by striking ‘‘(1)(B)(i)’’ in subclause (II) early retirement subsidies (including early heading of clause (ii) and inserting ‘‘CRITICAL and inserting ‘‘(1)(B)’’, and reduction factors which are not provided on OR DECLINING STATUS’’. (ii) by striking ‘‘the last sentence of para- an actuarially equivalent basis) under the (B) Subsection (d) of section 305 of such graph (1)’’ and inserting ‘‘paragraph plan are eliminated, and Act (29 U.S.C. 1085), as so redesignated and (1)(B)(i)’’. ‘‘(II) the future monthly benefit accrual amended, is further amended by striking (3) REHABILITATION PERIOD.— rate under the plan is reduced to the equiva- paragraph (5) and by redesignating para- (A) IN GENERAL.—Subparagraph (A) of sec- lent of 1 percent of annual contributions (or, graphs (6), (7), and (8) as paragraphs (5), (6), tion 305(f)(4) of such Act (29 U.S.C. 1085(f)(4)), if lower, the accrual rate as of the date of and (7), respectively. as so redesignated and amended, is further the enactment of the Chris Allen Multiem- (C) Paragraph (6) of section 305(d) of such amended— ployer Pension Recapitalization and Reform Act (29 U.S.C. 1085(d)), as so redesignated, is (i) by striking ‘‘The rehabilitation period’’ Act of 2020) based on the contribution rate in amended— and inserting ‘‘Except as otherwise provided effect as of the first day of the plan year in (i) by striking ‘‘(1)(B)(i)(I)’’ in subpara- in this subparagraph, the rehabilitation pe- which the plan enters endangered status, and graph (A) and inserting ‘‘(1)(B)(i)’’, and riod’’, and which may also include reduction or elimi- (ii) by striking ‘‘paragraph (6)(B)’’ in sub- (ii) by adding at the end the following: ‘‘If, nation of any other adjustable benefits under paragraph (B)(ii) and inserting ‘‘paragraph upon exhaustion of all reasonable measures, the plan, and (5)(B)’’. the plan is not reasonably expected to ‘‘(ii) any additional schedules which reduce (D) Paragraph (2) of section 305(d) of such emerge from critical status by the end of or eliminate adjustable benefits under the Act (29 U.S.C. 1085(d)), as so redesignated, is such 10-year period, the rehabilitation period plan which the plan sponsor deems appro- amended by inserting ‘‘, except that the next shall be extended to take into account the priate to provide as an alternative to the de- update of the funding improvement plan projected date of emergence from critical shall fulfill the requirement of paragraph status (if the rehabilitation plan remained in fault proposal.’’. (1)(B)(i)’’ after ‘‘for a preceding plan year’’. effect until such date) or the projected date (2) FUNDING IMPROVEMENT PLAN.—Para- of insolvency (if applicable) (unless the plan graph (3) of section 305(d) of such Act (29 (h) AMENDMENTS RELATING TO REHABILITA- enters declining status).’’. U.S.C. 1085(d)), as so redesignated and TION PLAN.— (B) EMERGENCE FROM CRITICAL STATUS.— amended, is further amended— (1) IN GENERAL.—Paragraph (1) of section Subparagraph (B) of section 305(f)(4) of such (A) by striking ‘‘For purposes of this sec- 305(f) of the Employee Retirement Income Act (29 U.S.C. 1085(f)(4)), as so redesignated tion—’’ and all that follows through ‘‘which Security Act of 1974 (29 U.S.C. 1085(f)), as re- and amended, is further amended— consists of’’ in subparagraph (A) and insert- designated and amended by this section, is (i) by inserting ‘‘and is not in declining ing ‘‘For purposes of this section, a funding further amended— status,’’ after the comma in clause (i)(I), improvement plan is a plan which consists (A) by striking the last 2 sentences, and (B) in subparagraph (B), by striking ‘‘reha- (ii) by striking subclause (III) of clause (i) of’’, and and inserting the following: (B) by striking ‘‘formulated to provide’’ bilitation plan—’’ and all that follows and inserting ‘‘rehabilitation plan, shall provide ‘‘(III) the plan’s projected funded percent- and all that follows and inserting ‘‘formu- age as of the first day of the 15th succeeding lated, based on reasonably anticipated expe- to the bargaining parties 1 or more schedules showing revised benefit structures, revised plan year is at least 100 percent and is pro- rience and reasonable actuarial assumptions, jected to increase after such date.’’, to— contribution structures, or both, which, if adopted, may reasonably be expected to en- (iii) by striking ‘‘that—’’ and all that fol- ‘‘(A) enable the plan to emerge from endan- lows through ‘‘regardless of whether’’ in gered status by the end of the funding im- able the multiemployer plan to meet the re- quirements of paragraph (3), including— clause (ii)(I) and inserting ‘‘that the plan provement period, and meets the requirements of subclauses (II) ‘‘(B) avoid any accumulated funding defi- ‘‘(i) one default proposal under which— ‘‘(I) all adjustable benefits in the form of and (III) of clause (i), regardless of whether’’, ciencies during the funding improvement pe- early retirement subsidies (including early and riod (taking into account any extension of reduction factors which are not provided on (iv) by striking ‘‘unless—’’ and all that fol- amortization periods under section 304(d)).’’. an actuarially equivalent basis) under the lows in clause (ii)(II) and inserting ‘‘unless, (3) FUNDING IMPROVEMENT PERIOD.—Para- plan are eliminated, and as of such plan year, the plan fails to meet graph (4) of section 305(d) of such Act (29 ‘‘(II) the future monthly benefit accrual the requirements of subclause (II) or (III) of U.S.C. 1085(d)(4)), as so redesignated and rate under the plan is reduced to the equiva- clause (i).’’. amended, is further amended by striking lent of 1 percent of annual contributions (or, (4) RULES RELATING TO BENEFIT INCREASES subparagraph (B) and inserting after sub- if lower, the accrual rate as of the date of DURING REHABILITATION PERIOD.—Subpara- paragraph (A) the following new subpara- the enactment of the Chris Allen Multiem- graph (B) of section 305(g)(1) of such Act (29 graph: ployer Pension Recapitalization and Reform U.S.C. 1085(g)(1)), as so redesignated and ‘‘(B) NEW PERIOD BASED ON ADVERSE EXPERI- Act of 2020) based on the contribution rate in amended, is further amended by striking ENCE.— effect as of the first day of the plan year in ‘‘unless’’ and all that follows and inserting ‘‘(i) IN GENERAL.—If the plan’s actuary de- which the plan enters critical status, and ‘‘unless the amendment is required as a con- termines necessary based on adverse plan ex- which may also include reduction or elimi- dition of qualification under part I of sub- perience, the plan sponsor may provide for a nation of any other adjustable benefits under chapter D of chapter 1 of the Internal Rev- new 10-year period as of the first day of any the plan, and enue Code of 1986 or to comply with other ap- plan year in the original funding improve- ‘‘(ii) any additional schedules which reduce plicable law, or the amendment provides for ment period, but only if the plan is still pro- or eliminate adjustable benefits under the only a de minimis increase in the liabilities jected to meet the requirements of the fund- plan which the plan sponsor deems appro- of the plan.’’. ing improvement plan and emerge from en- priate to provide as an alternative to the de- (5) CONFORMING AMENDMENTS.— dangered status at the end of the new fund- fault proposal. (A) Paragraph (6) of section 305(f) of such ing improvement period. In the case of a plan adopting a rehabilita- Act (29 U.S.C. 1085(f)), as so redesignated, is ‘‘(ii) LIMITATION.—A plan sponsor may pro- tion plan described in paragraph (3)(A)(ii), no amended by striking ‘‘the last sentence of vide a new 10-year period under clause (i) not schedule provided to or adopted by the bar- paragraph (1)’’ and inserting ‘‘paragraph more than 1 time in any 20-consecutive-year gaining parties shall provide for a monthly (1)(B)(i)’’. period, unless the plan sponsor submits to benefit accrual rate in excess of the rate de- (B) Paragraph (2) of section 305(f) of such the Secretary an application for an addi- scribed in subparagraph (B)(i)(II).’’. Act (29 U.S.C. 1085(f)), as so redesignated, is tional new period. Such application shall in- (2) REHABILITATION PLAN.— amended by inserting ‘‘, except that the next clude a certification that the plan is pro- (A) IN GENERAL.—Subparagraph (A) of sec- update of the rehabilitation plan shall fulfill jected to emerge from endangered status in tion 305(f)(3) of such Act (29 U.S.C. 1085(f)(3)), the requirement of paragraph (1)(B)(i)’’ after the proposed new 10-year period and a de- as so redesignated, is amended— ‘‘for a preceding plan year’’. scription of key assumptions, to be specified (i) by striking ‘‘and may include’’ and all (i) ACTUARIAL ASSUMPTIONS.— in regulations promulgated by the Secretary that follows through ‘‘such actions’’ in (1) IN GENERAL.—Subsection (n) of section in consultation with the Pension Benefit clause (i), 305 of the Employee Retirement Income Se- Guaranty Corporation.’’. (ii) by inserting ‘‘, while delaying insol- curity Act of 1974 (29 U.S.C. 1085), as redesig- (4) CONFORMING AMENDMENTS.— vency for as long as possible and maximizing nated by subsections (a), (d), and (e), is (A) Subparagraph (C) of section 305(d)(4) of the income of the plan, including income amended— such Act (29 U.S.C. 1085(d)(4)), as so redesig- after insolvency’’ before the period in clause (A) by striking ‘‘METHOD’’ in the heading nated and amended, is further amended— (ii), and and inserting ‘‘METHOD AND ASSUMPTIONS’’, (i) by striking ‘‘critical status’’ both places (iii) by striking ‘‘(1)(B)(i)’’ in the last sen- and it appears in clauses (i) and (ii) and inserting tence and inserting ‘‘(1)(B)’’. (B) by adding at the end the following new ‘‘critical or declining status’’, (B) CONFORMING AMENDMENTS.—Clause (i) paragraph: (ii) by striking ‘‘rehabilitation period’’ in of section 305(f)(3)(C) of such Act (29 U.S.C. ‘‘(11) ACTUARIAL ASSUMPTIONS.— clause (ii) and inserting ‘‘rehabilitation or 1085(f)(3)(C)), as so redesignated, is amend- ‘‘(A) IN GENERAL.—The actuarial assump- solvency attainment period’’, and ed— tions relied upon for purposes of this section

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7614 CONGRESSIONAL RECORD — SENATE December 17, 2020 by a plan actuary shall be individually rea- activity, the financial strength of partici- (A) Section 305(b)(5)(B)(i) of such Act (29 sonable and, in the aggregate, shall be rea- pating employers, market competition, and U.S.C. 1085(b)(5)(B)(i)), as redesignated by sonable and (with the exception of assump- the scheduled contribution rate to the plan this section, is amended by striking ‘‘as- tions regarding future contributions) rep- relative to the overall wage package. sumptions’’ and inserting ‘‘assumptions resent the actuary’s best estimate of future ‘‘(D) ASSUMPTIONS FOR DEVELOPING SCHED- meeting the requirements of subsection plan experience, within limitations pre- ULES.—All schedules under any funding im- (n)(11)’’. scribed by the Secretary of the Treasury. A provement plan, rehabilitation plan, or sol- (B) Section 305(b)(5)(A)(vi) of such Act (29 plan actuary shall avoid conservatism or op- vency plan must be developed based on the U.S.C. 1085(b)(5)(A)(vi), as amended by this timism in individual assumptions to the ex- same set of actuarial assumptions unless it section and section 321, is further amended tent that they would result in a set of as- would be unreasonable to do so, taking into by striking ‘‘reasonable actuarial assump- sumptions that is unreasonable in the aggre- account the anticipated impact of the sched- tions’’ and inserting ‘‘assumptions meeting gate. ules on participant behavior and employer the requirements of subsection (n)(11)’’. ‘‘(B) INVESTMENT RETURNS.—The invest- participation.’’. (C) Paragraph (3) of section 305(d) of such ment return assumption for projecting plan (2) ADDITIONS TO FORM 5500 SCHEDULE MB.— Act (29 U.S.C. 1085(d)), as amended by sub- assets may differ from the actuarial valu- Subparagraph (B) of section 305(b)(5) of such section (g), is further amended by striking ation interest rate. In selecting the invest- Act (29 U.S.C. 1085(b)(5)), as redesignated and ‘‘reasonable actuarial assumptions’’ and in- ment return assumption for projecting plan amended by this section, is further amended serting ‘‘assumptions meeting the require- assets, the plan actuary shall estimate the by adding at the end the following new ments of subsection (n)(11)’’. expected return of the plan’s investments as clause: (D) Clause (i) of section 305(f)(3)(A) of such currently invested and as expected to be in- ‘‘(vi) ADDITIONAL ATTACHMENTS.—The plan Act (29 U.S.C. 1085(f)(3)(A)), as amended by vested in the future, consistent with the actuary shall attach to the certification re- subsection (h), is further amended by strik- plan’s adopted investment policy, if applica- quired under subparagraph (A)— ing ‘‘reasonable actuarial assumptions’’ and ble. It is reasonable for an actuary to expect ‘‘(I) documentation supporting the certifi- inserting ‘‘assumptions meeting the require- that the plan’s investment decisions will cation of status under subparagraph (A)(i), ments of subsection (n)(11)’’. consider risk, expected returns over time, including projections of the funding standard (E) Section 305(h)(3) of such Act (29 U.S.C. and expected future benefit payments. The account, funded percentage, and solvency of 1085(h)(3)), as added by subsection (d), is investment return assumption shall not ex- the plan, amended by striking ‘‘reasonable actuarial ceed the interest rate used to determine past ‘‘(II) a clear description of the key assump- assumptions’’ and inserting ‘‘assumptions service liability under section 431(b)(6). tions used in performing the projections, in- meeting the requirements of subsection ‘‘(C) CONTRIBUTIONS.— cluding investment returns, contribution (n)(11)’’. ‘‘(i) IN GENERAL.—The plan actuary shall base units, and contribution rates, (j) CONFORMING AMENDMENTS RELATING TO develop assumptions for the projection of fu- ‘‘(III) a 5-year history of contributions, in- PREMIUMS.—Paragraph (10) of section 4006(a) ture contributions, including assumptions cluding contribution base units, average con- of such Act (29 U.S.C. 1306(a)), as added by regarding industry activity among contrib- tribution rates, and withdrawal liability this Act, is amended— uting employers and contribution rates, payments, and a comparison of such con- (1) by striking ‘‘305(b)(7)’’ in subparagraph based on information provided by the plan tribution base units, rates, and payments to (B)(iii) thereof and inserting ‘‘305(b)(4)’’, sponsor, which must act reasonably and in projections made by the plan, and (2) by striking ‘‘critical and declining’’ in good faith. The plan actuary shall certify the ‘‘(IV) an alternate projection of the fund- subparagraph (B)(iii) thereof and inserting reasonableness of all assumptions. ing standard account, funded percentage, and ‘‘declining’’, and ‘‘(ii) PROJECTED INDUSTRY ACTIVITY.—Any solvency, based on the following assump- (3) by striking ‘‘305(f)(9)’’ in subparagraph projection of activity in the industry or in- tions: (C) and inserting ‘‘305(h)(8)’’. dustries covered by the plan, including fu- ‘‘(aa) Annual future investment returns on (k) CONFORMING AMENDMENTS RELATING TO ture covered employment and contribution plan assets equal the actuarial interest rate COMPOSITE AND LEGACY PLANS.— levels, shall be based on information pro- assumption minus 1 percent. (1) Sections 203(a)(3)(E)(ii), 204(b)(1)(B)(i), vided by the plan sponsor acting reasonably ‘‘(bb) Future contribution base units pro- 204(b)(1)(H)(v), and 204(g)(1) of the Employee and in good faith. jected using a trend equal to the lesser of— Retirement Income Security Act of 1974 (29 ‘‘(iii) FUTURE CONTRIBUTION BASE UNITS.— ‘‘(AA) the annualized trend of actual con- U.S.C. 1053(a)(3)(E)(ii), 1054(b)(1)(B)(i), ‘‘(I) DECLINING CONTRIBUTION BASE UNITS.— tribution base units over the 5 preceding 1054(b)(1)(H)(v), and 1054(g)(1)), as amended If recent experience of the plan has been de- plan years, and by title V, are each further amended by clining contribution base units, the plan ac- ‘‘(BB) no change in future contribution striking ‘‘305(f)’’ each place it appears and tuary may assume future contribution base base units. inserting ‘‘305(h)(8)’’. units will continue to decline at the same ‘‘(cc) No increases in future contribution (2) Sections 304(b)(10), 805(d)(2)(D), and annualized trend as over the 5 immediately rates beyond those consistent with the col- 805(d)(4) of such Act, as added by title V, are preceding plan years, unless the actuary de- lective bargaining agreements and participa- each amended by striking ‘‘endangered or termines that there have been significant tion agreements in effect for the plan year. critical’’ and inserting ‘‘endangered, critical, changes that would make such assumption ‘‘(dd) The withdrawal from the plan of the or declining’’. unreasonable. employer which has contributed the greatest (3) Section 801(b)(1) of such Act, as so ‘‘(II) FLAT OR INCREASING CONTRIBUTION total amount of contributions over the 5 pre- added, is amended by striking ‘‘endangered BASE UNITS.—If recent experience of the plan ceding plan years, if such employer has con- or critical’’ both places it appears and insert- has been increasing, or neither increasing tributed at least 10 percent of the total con- ing ‘‘endangered, critical, or declining’’. nor decreasing, contribution base units, the tributions to the plan over such 5 plan years (4) Sections 801(b)(1), 801(b)(5)(B), plan actuary may assume future contribu- and such employer has a below investment 805(b)(1)(A), and 805(e)(3) of such Act, as so tion base units will remain unchanged in- grade credit rating (but only if obtaining the added, are each amended by striking definitely, unless the actuary determines credit rating of such employer is not an ‘‘305(b)(4)’’ and inserting ‘‘305(b)(5)’’. that there have been significant changes undue burden). (5) Sections 801(b)(5)(B) and 805(b)(1)(A) of that would make such assumption unreason- ‘‘(ee) If such credit rating cannot be ob- such Act, as so added, are each amended by able. tained without undue burden, the with- striking ‘‘endangered or critical’’ and insert- ‘‘(iv) FUTURE CONTRIBUTION RATES.— drawal of the employer which has contrib- ing ‘‘endangered, critical, or declining’’. ‘‘(I) IN GENERAL.—Projections of contribu- uted the greatest total amount of contribu- (6) Section 802(b)(1) of such Act, as so tions shall be based on the contribution tions over the 5 preceding plan years, if such added, is amended by striking ‘‘and’’ at the rates consistent with the terms of collective employer has contributed at least 10 percent end of subparagraph (B), by striking the pe- bargaining and participation agreements of the total contributions to the plan over riod at the end of subparagraph (C) and in- currently in effect. such 5 plan years without regard to collec- serting ‘‘; and’’, and by adding at the end the ‘‘(II) FUTURE INCREASES IN ACCORDANCE tion of any withdrawal liability. following new subparagraph: WITH CORRECTION PLANS.—If reasonable and ‘‘(ff) If no employer has contributed at ‘‘(D) consistent with the principles of sub- applicable, the plan actuary may assume fu- least 10 percent of the total contributions to paragraphs (B), (C), and (D) of section ture increases in contribution rates con- the plan over the 5 preceding plan years, the 305(n)(11).’’. sistent with the adopted funding improve- withdrawal of the employer which contrib- (7) Sections 802(b)(5) and 805(d)(2)(A) of ment plan, rehabilitation plan, or solvency uted the greatest total amount of contribu- such Act, as so added, are each amended by plan. tions for the current plan year, without re- striking ‘‘305(b)(4)(B)’’ and inserting ‘‘(III) ADDITIONAL FACTORS.—Information gard to collection of any withdrawal liabil- ‘‘305(b)(5)(B)’’. provided by the plan sponsor to the plan ac- ity, unless the employer contributed less (8) Section 803(a)(2)(D) of such Act, as so tuary in setting the assumption regarding than 1 percent of the total contributions to added, is amended by striking future increases in contribution rates shall the plan for such plan year. ‘‘305(f)(9)(D)(vi)’’ and inserting take into account the ability of the partici- ‘‘(gg) Other assumptions consistent with ‘‘305(h)(8)(D)(vi)’’. pating employers to make contributions at the projection based on the actuary’s best es- (9) Section 803(a)(3) of such Act, as so the scheduled rates over time, considering timate assumptions.’’. added, is amended by striking ‘‘305(f)(8)’’ and relevant factors such as projected industry (3) CONFORMING AMENDMENTS.— inserting ‘‘305(m)(1)(D)’’.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7615 (10) Section 805(d)(2)(D) of such Act, as so (A) section 432 of such Code and section 305 substituting ‘‘the date of the enactment of added and amended, is further amended by of such Act as in effect on January 1, 2021, the Chris Allen Multiemployer Pension Re- striking ‘‘funding improvement or rehabili- shall apply to such plan as if already in ef- capitalization and Reform Act of 2020’’ for tation plan’’ and inserting ‘‘funding improve- fect, and ‘‘the first day of the plan year in which the ment, rehabilitation, or solvency plan’’. (i) section 432(d)(1)(B)(i)(II) of such Code plan enters critical status’’, and (l) ADDITIONAL CONFORMING AMENDMENTS.— and section 305(d)(1)(B)(i)(II) of such Act, as (C) section 432(h)(1)(B)(i)(II) of such Code (1) Section 502(c) of the Employee Retire- amended by sections 211(g) and 212(g), respec- and section 305(h)(1)(B)(i)(II) of such Act, as ment Income Security Act of 1974 (29 U.S.C. tively, shall each apply to such plan by sub- amended by sections 211(d)(3) and 212(d)(3), 1132(c)) is amended— stituting ‘‘the date of the enactment of the respectively, shall each apply to such plan (A) in paragraph (7)(B), as added by section Chris Allen Multiemployer Pension Recapi- by substituting ‘‘the date of the enactment 322, by striking ‘‘305(b)(4)(D)’’ and inserting talization and Reform Act of 2020’’ for ‘‘the of the Chris Allen Multiemployer Pension ‘‘305(b)(5)(D)’’, and first day of the plan year in which the plan Recapitalization and Reform Act of 2020’’ for (B) in paragraph (14), as so added and as re- enters endangered status’’. ‘‘the first day of the plan year in which the designated by section 501— (b) PLANS IN CRITICAL OR CRITICAL AND DE- plan enters declining status’’. (i) by striking ‘‘305(b)(4)(D)’’ in subpara- CLINING STATUS.— (3) QUALIFIED CRITICAL MULTIEMPLOYER graph (A) and inserting ‘‘305(b)(5)(D)’’, and (1) IN GENERAL.—In the case of a qualified PLAN.—For purposes of this subsection, the (ii) by striking ‘‘305(b)(4)’’ in subparagraph critical multiemployer plan— term ‘‘qualified critical multiemployer plan’’ (B) and inserting ‘‘305(b)(5)’’. (A) ELECTION TO APPLY LAW BEFORE AMEND- means a multiemployer plan which is in crit- (2) Section 4003(g) of such Act (29 U.S.C. MENT.—The plan sponsor may elect to re- ical or critical and declining status as of the 1303(g)), as added by section 321, is amended main in critical or critical and declining sta- date of the enactment of this Act, and is by striking ‘‘section 305(b)(4)(A)’’ and insert- tus and to apply section 432 of the Internal making scheduled progress under the plan’s ing ‘‘section 305(b)(5)(A)’’. Revenue Code of 1986 and section 305 of the rehabilitation plan, but only if the rehabili- (3) Section 4042(b)(2)(B)(i) of such Act (29 Employee Retirement Income Security Act tation plan (as in effect without regard to U.S.C. 1342(b)(2)(B)), as added by section 301, of 1974 (29 U.S.C. 1085) as in effect before Jan- the amendments made by this Act) targets is amended— uary 1, 2021, to the plan, but only if the plan emergence from critical status not later (A) by striking ‘‘critical and declining’’ continues to make scheduled progress under than 3 years after the end of the rehabilita- and inserting ‘‘declining’’, and the plan’s rehabilitation plan. tion period as in effect with respect to such (B) by striking ‘‘(7)’’ and inserting ‘‘(4)’’. (B) TRANSITIONAL EFFECTIVE DATE.—If the plan on the date of the enactment of this (m) EFFECTIVE DATE.—Except as otherwise plan sponsor does not make the election Act. provided in subsection (a)(7), the amend- under paragraph (1)— (c) ELECTION.— ments made by this section shall apply to (i) section 432 of such Code and section 305 (1) IN GENERAL.—An election under sub- plan years beginning after December 31, 2020. of such Act as in effect on January 1, 2021, section (a)(1)(A) or (b)(1)(A) shall be made— (n) CREDIT RATINGS.—No requirement of shall apply to such plan as of the first day of (A) by notice to the Secretary of the Treas- section 939 or 939A of the Dodd-Frank Wall the first plan year beginning after December ury and the Pension Benefit Guaranty Cor- Street Reform and Consumer Protection Act 31, 2020, poration, in such manner as the Secretary of (124 Stat. 1887; 15 U.S.C. 78o–7 note) shall (ii) section 432(f)(1)(B)(i)(II) of such Code the Treasury may prescribe, apply with respect to the amendment made and section 305(f)(1)(B)(i)(II) of such Act, as (B) not later than the due date for the no- by subsection (i)(2). amended by sections 211(h) and 212(h), re- tice of endangered status or critical status SEC. 213. TRANSITION RULES. spectively, shall each apply to such plan by for the first plan year beginning after De- (a) PLANS IN ENDANGERED STATUS.— substituting ‘‘the date of the enactment of cember 31, 2020. (1) IN GENERAL.—In the case of a multiem- the Chris Allen Multiemployer Pension Re- (2) PERIODS AFTER ELECTION.—After making ployer plan which is in endangered status as capitalization and Reform Act of 2020’’ for a timely election under paragraph (1)— of the date of the enactment of this Act, and ‘‘the first day of the plan year in which the (A) the plan sponsor shall annually review is on schedule as of such date to meet the ap- plan enters critical status’’, and and update (if necessary) the plan’s funding plicable benchmarks in accordance with the (iii) section 432(h)(1)(B)(i)(II) of such Code improvement plan or rehabilitation plan, plan’s funding improvement plan— and section 305(h)(1)(B)(i)(II) of such Act, as and (A) ELECTION TO APPLY LAW BEFORE AMEND- amended by sections 211(d)(3) and 212(d)(3), (B) the plan actuary shall certify annually MENT.—The plan sponsor may elect to re- respectively, shall each apply to such plan whether the plan is making scheduled main in endangered status and to apply sec- by substituting ‘‘the date of the enactment progress under the funding improvement tion 432 of the Internal Revenue Code of 1986 of the Chris Allen Multiemployer Pension plan or rehabilitation plan. and section 305 of the Employee Retirement Recapitalization and Reform Act of 2020’’ for (d) DEFINITIONS.—Any term used in this Income Security Act of 1974 (29 U.S.C. 1085) ‘‘the first day of the plan year in which the section which is also used in section 432 of as in effect before January 1, 2021, to the plan enters declining status’’. the Internal Revenue Code of 1986 or section plan, but only if the plan continues to meet In the case of any plan with respect to which 305 of the Employee Retirement Income Se- such applicable benchmarks. the plan sponsor makes the election under curity Act of 1974 (before or after the amend- (B) TRANSITIONAL EFFECTIVE DATE.—If the subparagraph (A) but which fails to continue ments made by this Act) shall have the same plan sponsor does not make the election to make scheduled progress under the reha- meaning as when used in such sections. under paragraph (1)— bilitation plan, this subparagraph shall PART II—PROVISIONS RELATING TO PLAN (i) section 432 of such Code and section 305 apply to such plan by substituting ‘‘the plan MERGERS of such Act as in effect on January 1, 2021, year after the first plan year for which the SEC. 221. PROVISIONS RELATING TO PLAN MERG- shall apply to such plan as of the first day of plan fails to make scheduled progress under ERS AND CONSOLIDATIONS. the first plan year beginning after December the rehabilitation plan’’ for ‘‘the first plan (a) IN GENERAL.—Section 4231(c) of the Em- 31, 2020, and year beginning after December 31, 2020’’. ployee Retirement Income Security Act of (ii) section 432(d)(1)(B)(i)(II) of such Code (C) APPLICATION OF PREMIUM AMEND- 1974 (29 U.S.C. 1411(c)) is amended— and section 305(d)(1)(B)(i)(II) of such Act, as MENTS.—A plan with respect to which the (1) by striking ‘‘section 406(a) or section amended by sections 211(g) and 212(g), respec- plan sponsor makes the election under sub- 406(b)(2)’’ and inserting ‘‘section 404, 406(a), tively, shall each apply to such plan by sub- paragraph (A) shall be treated as described in or 406(b)(2)’’, and stituting ‘‘the date of the enactment of the clause (iii) of section 4006(a)(10)(B) of the (2) by adding at the end the following: Chris Allen Multiemployer Pension Recapi- Employee Retirement Income Security Act ‘‘The corporation shall prescribe safe harbor talization and Reform Act of 2020’’ for ‘‘the of 1974 until such time as the plan emerges provisions whereby a merger of multiem- first day of the plan year in which the plan from critical and declining status pursuant ployer plans or the transfer of assets or li- enters endangered status’’. to section 432 of such Code and section 305 of abilities between multiemployer plans, In the case of any plan with respect to which such Act as in effect before January 1, 2021. where one of the plans is in critical and de- the plan sponsor makes the election under (2) PLANS ENTERING CRITICAL OR CRITICAL clining status pursuant to section 305 and subparagraph (A) but which fails to continue AND DECLINING STATUS BETWEEN ENACTMENT one is in stable or unrestricted status pursu- to meet the applicable benchmarks under AND JANUARY 1, 2021.—In the case of a multi- ant to such section, shall be deemed to sat- the funding improvement plan, this subpara- employer plan which enters critical or crit- isfy the requirements of this section. Not- graph shall apply to such plan by sub- ical and declining status after the date of the withstanding the preceding sentences, the stituting ‘‘the plan year after the first plan enactment of this Act and before January 1, implementation of such merger or transfer year for which the plan fails to meet the ap- 2021— shall be subject to the rules of section 404.’’. plicable benchmarks’’ for ‘‘the first plan (A) section 432 of such Code and section 305 (b) CALCULATION OF WITHDRAWAL LIABIL- year beginning after December 31, 2020’’. of such Act as in effect on January 1, 2021, ITY.— (2) PLANS ENTERING ENDANGERED STATUS shall apply to such plan as if already in ef- (1) IN GENERAL.—Section 4231 of the Em- BETWEEN ENACTMENT AND JANUARY 1, 2021.—In fect, ployee Retirement Income Security Act of the case of a multiemployer plan which en- (B) section 432(f)(1)(B)(i)(II) of such Code 1974 (29 U.S.C. 1411) is amended by adding at ters endangered status after the date of the and section 305(f)(1)(B)(i)(II) of such Act, as the end the following new subsection: enactment of this Act and before January 1, amended by sections 211(h) and 212(h), re- ‘‘(f) CALCULATION OF WITHDRAWAL LIABIL- 2021— spectively, shall each apply to such plan by ITY POST-MERGER.—The corporation shall

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7616 CONGRESSIONAL RECORD — SENATE December 17, 2020 prescribe the methods and conditions under ment Income Security Act of 1974 (29 U.S.C. (C) in the flush text at the end— which employers contributing to plans which 1381(b)(1)) is amended to read as follows: (i) by striking ‘‘the amount determined are in stable or unrestricted status under ‘‘(1) DETERMINATION OF WITHDRAWAL LIABIL- under section 4211 for’’ and inserting ‘‘such section 305 when such plan merges with a ITY.— applicable amount with respect to’’; and plan in declining status under such section ‘‘(A) IN GENERAL.—The withdrawal liability (ii) by striking ‘‘$150,000’’ and inserting will not be allocated the unfunded vested of an employer to a plan is the applicable ‘‘$500,000’’. benefits of the plan in declining status (as amount determined under subparagraph (B), (c) PAYMENT OF WITHDRAWAL LIABILITY.— determined immediately before the merg- adjusted— Section 4219(c)(1) of the Employee Retire- er).’’. ‘‘(i) first, in the case of a partial with- ment Income Security Act of 1974 (29 U.S.C. (2) EFFECTIVE DATE.—The amendment drawal, in accordance with section 4206; 1399(c)(1)) is amended— made by this section shall apply to plan ‘‘(ii) second, by any de minimis reduction (1) by striking so much of paragraph (1) as mergers after December 31, 2020. applicable under section 4209; and precedes subparagraph (C) and inserting: SEC. 222. CLARIFICATION OF PBGC FINANCIAL ‘‘(iii) third, in accordance with section ‘‘(1)(A)(i) Subject to subparagraph (B), an ASSISTANCE FOR PLAN MERGERS 4225. employer shall pay its liability determined AND PARTITIONS. ‘‘(B) APPLICABLE AMOUNT.— The applicable under section 4201(b)(1) in level annual pay- (a) IN GENERAL.—Paragraph (2) of section amount determined under this subparagraph ments determined under subparagraph (C) 4231(e) of the Employee Retirement Income is the lesser of— over the applicable period of years deter- Security Act of 1974 (29 U.S.C. 1411(e)) is ‘‘(i) the amount determined under section mined under clause (ii), calculated as if the amended— 4211 to be the allocable amount of unfunded first payment were made on the first day of (1) by striking the semicolon in subpara- vested benefits; or the plan year following the plan year in graph (B)(ii) and inserting ‘‘, determined ‘‘(ii) the present value of a series of 20 which the withdrawal occurs and as if each solely with respect to the liabilities and as- equal annual payments in the amount deter- subsequent payment were made on the first sets of the plan which was in critical and de- mined with respect to the employer under day of each subsequent plan year. Actual clining status prior to the merger; and’’; and section 4219(c)(1)(C). payment shall commence in accordance with (2) by striking subparagraph (C) and redes- In the case of an employer withdrawing from paragraph (2). ignating subparagraph (D) as subparagraph a multiemployer plan described in subpara- ‘‘(ii) For purposes of clause (i), if the appli- (C). graph (C), clause (i) shall be applied by sub- cable amount used under section 4201(b)(1)(A) (b) PARTITIONS.—Section 4233(b) of the Em- stituting ‘25’ for ‘20’. is the amount determined— ployee Retirement Income Security Act of ‘‘(C) PLANS FOR WHICH 25 PAYMENTS RE- ‘‘(I) under section 4201(b)(1)(B)(i), the appli- 1974 (29 U.S.C. 1413(b)) is amended by striking QUIRED.— cable period of years is the period of years paragraph (4), by adding ‘‘and’’ at the end of ‘‘(i) IN GENERAL.—A multiemployer plan is necessary to amortize such amount in level paragraph (3)(B), and by redesignating para- described in this subparagraph if the plan— annual payments determined under subpara- graph (5) as paragraph (4). ‘‘(I) is certified to be in declining status graph (C), or (c) CONFORMING AMENDMENT RELATING TO (or, for plan years prior to 2021, in critical or ‘‘(II) under section 4201(b)(1)(B)(ii), the ap- STATUS CHANGES.—Section 4231(e)(2)(B)(ii) of declining status) for the plan year in which plicable period of years is 20 years (25 years the Employee Retirement Income Security the employer’s withdrawal occurs; or if the plan is described in section Act of 1974 (29 U.S.C. 1411(e)(2)(B)(ii)), as ‘‘(II) terminates as described in section 4201(b)(1)(C)). amended by subsection (a), is further amend- 4041A(a) or 4042. ‘‘(iii) For purposes of clause (ii)(I), the de- ed by striking ‘‘critical and declining’’ and ‘‘(ii) SPECIAL RULE FOR TERMINATIONS.— termination of the amortization period de- inserting ‘‘declining’’. Clause (i)(II) shall apply to each employer scribed in clause (i) shall be based on the as- (d) EFFECTIVE DATES.— who withdraws from a plan during a period sumptions used for the most recent actuarial (1) IN GENERAL.—The amendments made by of 3 consecutive plan years that includes the valuation for the plan to determine unfunded subsections (a) and (b) shall apply to plan withdrawal of every employer from the plan, past service liability for funding purposes. mergers and partitions taking effect after or the cessation of the obligation of all em- ‘‘(B)(i) If any adjustment is required to the the date of the enactment of this Act. ployers to contribute under the plan, as de- withdrawal liability amount by reason of (2) CONFORMING AMENDMENT.—The amend- scribed in section 4041A(a)(2). For purposes of clause (i), (ii), or (iii) of section 4210(b)(1)(A), ment made by subsection (c) shall apply to this clause, withdrawal by an employer from modifications shall be made under subpara- plan mergers taking effect in plan years be- a plan, during a period of 3 consecutive plan graph (A) to reflect such adjustments in ac- ginning after December 31, 2020. years within which substantially all the em- cordance with this subparagraph and in such SEC. 223. RESTORATION NOT REQUIRED FOR ployers who have an obligation to contribute manner as the corporation shall provide. CERTAIN MERGERS. under the plan withdraw, shall be presumed ‘‘(ii) In the case of a partial withdrawal de- (a) AMENDMENT OF INTERNAL REVENUE CODE to be a withdrawal pursuant to an agreement scribed in section 4205(a), the amount of each OF 1986.—Clause (ii) of section 432(f)(9)(C) of or arrangement, unless the employer proves annual payment shall be the product of— the Internal Revenue Code of 1986, as redesig- otherwise by a preponderance of the evi- ‘‘(I) the amount determined under subpara- nated by section 211(a) and as in effect before dence. graph (C) (determined without regard to this the amendments made by section 211 other ‘‘(D) PRESENT VALUE.—For purposes of sub- subparagraph), multiplied by than subsection (a) thereof, is amended by paragraph (B)(ii), the present value of the ‘‘(II) the fraction determined under section adding at the end the following flush lan- annual payments shall be determined based 4206(a)(2). guage: on the assumptions used for the most recent ‘‘(iii) In the case of a de minimis reduction ‘‘If, during the period of the benefit suspen- actuarial valuation for the plan used to de- under section 4209, the period of years de- sion, the plan merges with a plan which is in termine unfunded past service liability for scribed in subparagraph (A)(ii)(I) shall be ad- stable or unrestricted status, nothing in this funding purposes.’’. justed so that the withdrawal liability clause shall be construed to require the plan (b) DE MINIMIS RULE.—Section 4209 of the amount, as reduced under such section, is formed by the merger to restore the suspen- Employee Retirement Income Security Act amortized in level annual payments deter- sion of benefits.’’. of 1974 (29 U.S.C. 1389) is amended— mined under subparagraph (C).’’. (b) AMENDMENT OF ERISA.—Clause (ii) of (1) in subsection (a)— (2) in subparagraph (C)— section 305(f)(9)(C) of the Employee Retire- (A) in the matter preceding paragraph (1), (A) in clause (i)(I)— ment Income Security Act of 1974 (29 U.S.C. by striking ‘‘unfunded vested benefits allo- (i) by striking ‘‘3’’ and inserting ‘‘5’’; and 1085(f)(9)(C)), as redesignated by section cable under section 4211 to’’ and inserting (ii) by striking ‘‘10’’ and inserting ‘‘20’’; 212(a) and as in effect before the amendments ‘‘applicable amount determined under sec- and made by section 212 other than subsection (a) tion 4201(b)(1)(B) with respect to’’; (B) by striking clause (iii); thereof, is amended by adding at the end the (B) in paragraph (2), by striking ‘‘$50,000’’ (3) by striking subparagraphs (D) and(E) following flush language: and inserting ‘‘$100,000’’; and and inserting the following: ‘‘If, during the period of the benefit suspen- (C) in the flush text following paragraph ‘‘(D)(i) In the case of a subsequent partial sion, the plan merges with a plan which is in (2)— withdrawal or a complete withdrawal that stable or unrestricted status, nothing in this (i) by striking ‘‘the unfunded vested bene- was preceded by one or more partial with- clause shall be construed to require the plan fits’’ and inserting ‘‘such applicable drawals, the amount of the annual payment formed by the merger to restore the suspen- amount’’; and with respect to the subsequent partial with- sion of benefits.’’. (ii) by striking ‘‘$100,000’’ and inserting drawal or complete withdrawal shall be re- (c) EFFECTIVE DATE.—The amendments ‘‘$200,000’’; duced by the amounts of the payments deter- made by subsections (a) and (b) shall apply (2) in subsection (b)— mined under subparagraph (B)(ii) with re- to plan mergers taking effect after the date (A) in the matter preceding paragraph (1), spect to each of the preceding partial with- of the enactment of this Act. by striking ‘‘amount determined under sec- drawals. PART III—WITHDRAWAL LIABILITY tion 4211’’ and inserting ‘‘applicable amount ‘‘(ii) The amount of any reductions de- REFORM determined under section 4201(b)(1)(B) with scribed in clause (i) shall be phased out con- SEC. 231. WITHDRAWAL LIABILITY REFORM. respect to an employer’’; sistent with the method and period of time (a) WITHDRAWAL LIABILITY DEFINITION.— (B) in paragraph (2)(B), by striking being used by the plan to allocate unfunded Section 4201(b)(1) of the Employee Retire- ‘‘$100,000’’ and inserting ‘‘$250,000’’; and vested benefits under section 4211.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7617 ‘‘(iii) The corporation may prescribe regu- ‘‘(C) in the case of a special partition of a ‘‘(B) the prescribing of rules and regula- lations as may be necessary to provide for plan under section 4233A, the corporation tions under this title; or proper adjustments in the reduction in the may remove and appoint trustees subject to ‘‘(C) evaluating the corporation’s liability payment amount under clauses (i) and (ii).’’. the provisions of paragraph (5).’’; and or potential liability with respect to a plan. (d) AMENDMENT OF PLAN.—Section (B) by adding at the end the following: ‘‘(2) Any information or documentary ma- 4211(c)(1) of the Employee Retirement In- ‘‘(4)(A) A trustee appointed to a multiem- terial submitted to the corporation pursuant come Security Act of 1974 (29 U.S.C. ployer plan under paragraph (2)(B), (2)(C), or to this section, if clearly designated by the 1391(c)(1)) is amended— (3) shall report plan activity to the corpora- person making the submission as confiden- (1) by inserting ‘‘(A)’’ after ‘‘(c)(1)’’, tion, in the form and manner provided for in tial (on each page in the case of a document, (2) by striking ‘‘(b) or (d). A plan’’ and in- the judicial or administrative order or agree- and in the file name in the case of a digital serting ‘‘(b) or (d). ment appointing the trustee. A trustee so ap- file), shall be exempt from disclosure under ‘‘(B) A multiemployer plan’’, and pointed may remain a trustee engaged in the section 552 of title 5, United States Code, and (3) by striking ‘‘, to the extent provided’’ ongoing governance of a multiemployer plan no such information or documentary mate- and all that follows and inserting ‘‘to pro- whether or not the corporation initiates plan rial may be made public, except as may be vide— termination proceedings under subsection relevant to any administrative or judicial ‘‘(i) that the amount of the unfunded vest- (c). action or proceeding, including an informal ed benefits allocable to an employer that ‘‘(B) Notwithstanding plan or trust docu- rulemaking. withdraws from the plan is an amount deter- ments to the contrary, in addition to any ‘‘(3) The corporation may require or permit mined under paragraph (5) of this subsection, powers described in subsection (d), the order any person to submit a statement in writing, rather than under subsection (b), or or agreement appointing a trustee under under oath or otherwise as the corporation ‘‘(ii) to the extent provided in regulations paragraph (2)(B), (2)(C), or (3) may include determines, as to all facts and circumstances prescribed by the corporation, that the authority for the corporation to monitor and concerning the matter to be investigated. amount of the unfunded vested benefits allo- oversee plan activity and to review and ap- ‘‘(4) The corporation shall annually audit a cable to an employer not described in section prove trustee decisions related to funding or statistically significant number of plans ter- 4203(b)(1)(A) shall be determined in a manner financial activities of the plan. minating under section 4041(b) to determine different from that provided in subsection ‘‘(5)(A) The corporation may remove any whether participants and beneficiaries have (b).’’. trustees of an original plan that received a received their benefit commitments and special partition under section 4233A if the TITLE III—PLAN GOVERNANCE, DISCLO- whether section 4050(a) has been satisfied. corporation determines that the actions of SURE, AND OTHER REFORMS FOR MUL- Each audit shall include a statistically sig- such trustees unreasonably increased the TIEMPLOYER DEFINED BENEFIT PEN- nificant number of participants and bene- risk of loss to participants in the plan or to ficiaries.’’. SION PLANS the corporation, and may appoint 1 or more Subtitle A—Plan Governance and Operations SEC. 303. CONDITIONS ON FINANCIAL ASSIST- new trustees as replacements. ANCE. for Multiemployer Plans ‘‘(B) The corporation may appoint a special (a) IN GENERAL.—Section 4261(b) of the Em- SEC. 301. INDEPENDENT TRUSTEES. master, which may be an employee of the ployee Retirement Income Security Act of Section 4042 of the Employee Retirement corporation, the duties of whom shall be dis- 1974 (29 U.S.C. 1431(b)) is amended— Income Security Act of 1974 (29 U.S.C. 1342) is closed to participants and contributing em- (1) in paragraph (1), by striking the period amended— ployers in accordance with regulations to be at the end and inserting ‘‘, or to prevent an (1) in subsection (a)— issued by the corporation, with respect to abuse of the multiemployer insurance pro- (A) in the matter preceding paragraph (1), each original plan, as defined in section gram or any unreasonable increase in the li- by striking ‘‘a plan’’ and inserting ‘‘a single- 4233A. Such special master shall be invited ability of the fund. The corporation shall employer or multiemployer plan’’; to every meeting of the plan’s board of trust- provide the plan sponsor written notice of (B) in paragraph (3)— ees or any committees thereof; shall be fur- each condition on financial assistance and a (i) by inserting ‘‘with respect to a single- nished any requested actuarial or financial written explanation of its determination. If employer plan’’ before the comma; and information by the plan or agents thereof; the sponsor fails to satisfy timely a condi- (ii) by striking ‘‘or’’; shall receive all creditable complaints or tion on financial assistance, the corporation (C) in paragraph (4), by striking the period other information from participants, bene- may withhold financial assistance until the at the end and inserting ‘‘, or’’; and ficiaries, employers, plan employees and con- condition is satisfied.’’; and (D) by inserting after paragraph (4) the fol- tractors, and any other person regarding the (2) by adding at the end the following: lowing: plan’s operations; and shall furnish the cor- ‘‘(3) The conditions described in paragraph ‘‘(5) in the case of a multiemployer plan— poration with semiannual reports of the (1) may include an offset for the guaranteed ‘‘(A) such plan is an eligible multiemployer board’s activities, the plan’s performance, benefits of a participant whose benefit in ex- plan as defined in section 4233A which fails and the potential liabilities of the corpora- cess of the benefit guaranteed under this to apply for a special partition under such tion with respect to the plan. The trustees title is provided by another plan, or in the section, or shall provide the special master with not less case of a plan that has not yet terminated, ‘‘(B) termination of the plan would protect than 30 days notice prior to taking any ac- the cessation of future accruals or a require- the interests of participants and bene- tion that could increase the risk of loss to ment that contribution amounts or annual ficiaries.’’; the corporation, and the special master shall withdrawal liability payment amounts under (2) in subsection (b)— report such potential action to the corpora- section 4219 be maintained as if the employer (A) in paragraph (2)— tion within 5 days of receiving such notice had withdrawn on the date of insolvency.’’. (i) in subparagraph (A)— from the trustees.’’; (b) CONFORMING AMENDMENT.—Section (I) by inserting ‘‘or remove’’ after ‘‘ap- (3) in subsection (c)(1)— 4261(a) of the Employee Retirement Income point’’, (A) in the second sentence, by striking Security Act of 1974 (29 U.S.C. 1431(a)) is (II) by inserting ‘‘or removal’’ after ‘‘ap- ‘‘subsection (b)’’ and inserting ‘‘subsection amended by striking ‘‘section 4245(f) or sec- pointment’’, and (b)(1)’’; and tion 4281(d)’’ and inserting ‘‘section 4245(e) or (III) by striking ‘‘and’’ at the end; (B) in the third sentence, by inserting ‘‘, 4281’’. (ii) by striking subparagraph (B) and in- including, in the case of a multiemployer SEC. 304. EXCISE TAX ON EXCESS COMPENSATION serting the following: plan, by requiring the withdrawal of employ- OF COVERED EMPLOYEES OF PARTI- ‘‘(B) upon the petition of the corporation, ers’’ before the period; and TIONED MULTIEMPLOYER PLANS. the appropriate United States district court (4) in subsection (d)(1)— (a) IN GENERAL.—Chapter 43 of the Internal shall appoint a trustee proposed by the cor- (A) in subparagraph (A), by striking ‘‘sub- Revenue Code of 1986 is amended by adding poration for— section (b)’’ in the second sentence and in- at the end the following new section: ‘‘(i) any multiemployer plan which is in serting ‘‘subsection (b)(1)’’; and ‘‘SEC. 4980I. TAX ON EXCESS COMPENSATION OF critical status or critical and declining sta- (B) in subparagraph (B), by striking ‘‘If’’ COVERED EMPLOYEES OF PARTI- tus (as defined in paragraph (3) or (7), respec- and inserting ‘‘If a trustee is appointed TIONED MULTIEMPLOYER PLANS. tively, of section 305(b)), if the court finds under paragraph (2) or (3) of subsection (b), ‘‘(a) TAX IMPOSED.—In the case of an appli- the appointment of the trustee would help or if’’. cable multiemployer plan, there is hereby prevent an abuse of the multiemployer insur- SEC. 302. INVESTIGATORY AUTHORITY. imposed an excise tax for each plan year in ance program or any unreasonable increase Section 4003(a) of the Employee Retire- an amount equal to the product of— in the liability of the fund, and ment Income Security Act of 1974 (29 U.S.C. ‘‘(1) the rate of tax under section 11 for ‘‘(ii) any multiemployer plan which has 1303(a)) is amended to read as follows: taxable years beginning in the calendar year terminated under section 4041A(a), unless a ‘‘(a)(1) The corporation may, in its discre- in which such plan year begins, and party opposing appointment of a trustee tion, investigate any facts, conditions, prac- ‘‘(2) so much of the remuneration paid by shows that such appointment would be mate- tices, or matters as the corporation deter- the applicable multiemployer plan for the rially adverse to the interests of the plan mines necessary or proper to aid in— plan year with respect to employment of any participants and beneficiaries in the aggre- ‘‘(A) the enforcement of any provision of covered employee as exceeds $500,000. gate, and’’; and this title or any rule or regulation there- For purposes of the preceding sentence, re- (iii) by adding at the end the following: under; muneration shall be treated as paid when

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7618 CONGRESSIONAL RECORD — SENATE December 17, 2020 there is no substantial risk of forfeiture ‘‘(15) when an event pertaining to a multi- (B) by striking clauses (v) and (vi); (within the meaning of section 457(f)(3)(B)) of employer plan occurs that is prescribed by (C) by redesignating clauses (vii) through the rights to such remuneration. the corporation in regulations, if the event (xi) as clauses (v) through (ix), respectively; ‘‘(b) LIABILITY FOR TAX.—The applicable materially jeopardizes the security of partic- (D) in clause (vi), as so redesignated— multiemployer plan shall be liable for the ipant benefits or the financial condition of (i) by striking ‘‘(I) in the case of’’ and in- tax imposed under subsection (a). the plan, or is likely to increase the risk of serting ‘‘in the case of’’; ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For loss to the corporation; (ii) by striking ‘‘, or’’ and inserting a purposes of this section— ‘‘(16) when a multiemployer plan has, or comma; and ‘‘(1) APPLICABLE MULTIEMPLOYER PLAN.— will foreseeably have, only one trustee or no (iii) by striking subclause (II); and The term ‘applicable multiemployer plan’ trustees on its board; or’’. (E) by amending clause (vii), as so redesig- means any multiemployer plan which is an (2) NOTIFICATION BY BARGAINING PARTIES.— nated, to read as follows: original plan (as defined in section Section 4043 of such Act (29 U.S.C. 1343) is ‘‘(vii)(I) in the case of a single-employer 4233A(d)(3) of the Employee Retirement In- amended by redesignating subsection (f) as plan, a general description of the benefits come Security Act of 1974) with respect to a subsection (g), and by inserting after sub- under the plan which are eligible to be guar- multiemployer plan which was partitioned section (e) the following new subsection: anteed by the Pension Benefit Guaranty Cor- pursuant to an order by the Pension Benefit ‘‘(f) NOTIFICATION BY BARGAINING PAR- poration, and an explanation of the limita- Guaranty Corporation under section 4233A of TIES.—Not later than 60 days prior to the tions on the guarantee and the cir- such Act. adoption of a new pension plan described in cumstances under which such limitations ‘‘(2) COVERED EMPLOYEE.—The term ‘cov- subsection (c)(14), the bargaining parties apply, and ered employee’ means any employee (includ- shall notify the plan sponsor of the negotia- ‘‘(II) in the case of a multiemployer plan, a ing any former employee) of an applicable tion of an agreement to adopt such plan.’’. statement that eligible benefits are guaran- multiemployer plan if the employee— (3) CONFORMING AMENDMENT.—Section teed by the Pension Benefit Guaranty Cor- ‘‘(A) is one of the 5 highest compensated 4043(b)(3) of such Act (29 U.S.C. 1343(b)(3)) is poration, and a statement of how to obtain employees of the plan for the plan year, or amended by striking ‘‘(13)’’ and inserting both a general description of the benefits ‘‘(B) was a covered employee of the organi- ‘‘(17)’’. under the plan which are eligible to be guar- zation (or any predecessor) for any preceding (b) APPLICATION TO PLANS.— anteed by the Pension Benefit Guaranty Cor- plan year beginning after the date of the en- (1) IN GENERAL.—Section 4043(a) of the Em- poration and an explanation of the limita- actment of this section. ployee Retirement Income Security Act of tions on the guarantee and the cir- ‘‘(3) REMUNERATION.—The term ‘remunera- 1974 (29 U.S.C. 1343(a)) is amended by insert- cumstances under which such limitations tion’ means wages (as defined in section ing ‘‘, plan sponsor (in the case of a multiem- apply,’’; and 3401(a)). ployer plan),’’ after ‘‘plan administrator’’. (2) in paragraph (4)(C)— ‘‘(d) REGULATIONS.—The Secretary shall (2) NOTIFICATION THAT EVENT IS ABOUT TO (A) by striking ‘‘(C) may be provided’’ and prescribe such regulations as may be nec- OCCUR.—Section 4043(b) of such Act (29 U.S.C. inserting ‘‘(C)(i) subject to clause (ii), may essary to prevent avoidance of the tax under 1343(b)) is amended— be provided’’; this section, including regulations to prevent (A) in paragraph (1)— (B) by striking the period and inserting ‘‘; avoidance of such tax through the perform- (i) by redesignating subparagraphs (A) and and’’; and ance of services other than as an employee (B) as clauses (i) and (ii), respectively, and (C) by adding at the end the following: or by providing compensation through a by moving such clauses 2 ems to the right; ‘‘(ii) in the case of such a notice provided pass-through or other entity (including a re- (ii) by striking ‘‘shall be applicable to a to the Pension Benefit Guaranty Corpora- lated entity) to avoid such tax.’’. contributing sponsor’’ and inserting ‘‘shall tion, shall be in an electronic format in such (b) CONFORMING AMENDMENT.—The table of be applicable— manner prescribed in regulations of such sections for chapter 43 of the Internal Rev- ‘‘(A) to any plan sponsor of a multiem- Corporation.’’. enue Code of 1986 is amended by adding at ployer plan; and (b) DISCLOSURES BY PLANS REGARDING STA- the end the following new item: ‘‘(B) to any contributing sponsor’’; and TUS.— ‘‘Sec. 4980I. Tax on excess compensation of (iii) in the last sentence, by striking ‘‘sub- (1) AMENDMENTS TO EMPLOYEE RETIREMENT covered employees of parti- paragraph (B)’’ and inserting ‘‘clause (ii)’’; INCOME SECURITY ACT OF 1974.—Section tioned multiemployer plans.’’. (B) by striking ‘‘This subsection’’ in para- 305(b)(4) of the Employee Retirement Income (c) EFFECTIVE DATE.—The amendments graph (2) and inserting ‘‘In the case of a sin- Security Act of 1974 (29 U.S.C. 1085(b)(4)), as made by this section shall apply to plan gle-employer plan, this subsection’’; redesignated by section 212(a) and as in ef- years beginning after the date of enactment (C) by striking ‘‘any contributing sponsor’’ fect before the amendments made by section of this Act. in paragraph (4) and inserting ‘‘any plan 212 other than subsection (a) thereof, is fur- Subtitle B—Reportable Events for sponsor of a multiemployer plan or any con- ther amended— Multiemployer Plans tributing sponsor’’; (A) in the paragraph heading, by striking SEC. 311. REPORTABLE EVENTS. (D) by redesignating paragraph (4), as so ‘‘BY PLAN ACTUARY’’ and inserting ‘‘AND RE- (a) ADDITIONAL REPORTABLE EVENTS.— amended, as paragraph (5); and PORT’’; (1) IN GENERAL.—Section 4043(c) of the Em- (E) by inserting after paragraph (3) the fol- (B) by amending subparagraph (A) to read ployee Retirement Income Security Act of lowing new paragraph: as follows: 1974 (29 U.S.C. 1343(c)) is amended by striking ‘‘(4) No later than 60 days prior to an event ‘‘(A) IN GENERAL.—Not later than the 90th ‘‘or’’ at the end of paragraph (12), by redesig- described in paragraph (13), (14)(A), (15), or day of each plan year of a multiemployer nating paragraph (13) as paragraph (17), and (16) of subsection (c), the plan sponsor of a plan, the plan sponsor shall file, in accord- by inserting after paragraph (12) the fol- multiemployer plan shall notify the corpora- ance with regulations prescribed by the lowing new paragraphs: tion that the event is about to occur.’’. ERISA agencies, a report that contains— ‘‘(13) when the plan sponsor of a multiem- (c) TECHNICAL CORRECTIONS.— ‘‘(i) documentation from the plan actuary ployer plan, or such sponsor’s delegate, con- (1) Section 4045(c)(1) of the Employee Re- certifying to the ERISA agencies and to the venes or otherwise takes action to adopt any tirement Income Security Act of 1974 (29 plan sponsor— amendment (or accepts any collective bar- U.S.C. 1345(c)(1)) is amended by striking ‘‘(I) whether or not the plan is in unre- gaining agreement) that would exclude ‘‘4043(b)(7)’’ and inserting ‘‘4043(c)(7)’’. stricted or stable status for such plan year, newly hired employees from participation in (2) Section 4065(2) of such Act (29 U.S.C. whether or not the plan is in endangered sta- the plan, or any amendment (or agreement) 1365(2)) is amended by striking ‘‘4043(b)’’ and tus for such plan year and whether or not the that would substantially reduce the rate of inserting ‘‘4043(c)’’. plan is or will be in critical status for such future benefit accruals or the contribution (d) EFFECTIVE DATE.—The amendments plan year or any of the 5 succeeding plan rate for any participants under the plan; made by this section shall apply to report- years, ‘‘(14) when— able events (as defined in section 4043(c) of ‘‘(II) in the case of a plan which is in a ‘‘(A) the plan sponsor of a multiemployer the Employee Retirement Income Security funding improvement or rehabilitation pe- plan, or such sponsor’s delegate, convenes or Act of 1974 (29 U.S.C. 1343(c))) occurring after riod, whether or not the plan is making the otherwise takes action to adopt; or the date of the enactment of this Act. scheduled progress in meeting the require- ‘‘(B) the plan sponsor receives notice under Subtitle C—Funding Notices to Participants ments of its funding improvement or reha- subsection (f) or otherwise becomes aware in Multiemployer Plans bilitation plan and, if not, a summary of the that the bargaining parties have negotiated SEC. 321. IMPROVED MULTIEMPLOYER PLAN DIS- primary reasons the plan is not making the an agreement to adopt; CLOSURE. scheduled progress, a new pension plan, including any plan a (a) PLAN FUNDING NOTICES.—Section 101(f) ‘‘(III) the funded percentage of the plan de- trust forming part of which is a qualified of the Employee Retirement Income Secu- termined as of the first day of the current trust under section 401(a) of the Internal rity Act of 1974 (29 U.S.C. 1021(f)) is amend- plan year and the value of assets and liabil- Revenue Code of 1986 and any plan treated as ed— ities used to calculate such funded percent- a welfare plan by reason of section 3(2)(B)(ii), (1) in paragraph (2)(B)— age, the expected participants of which are ex- (A) in clause (iv), by striking ‘‘setting ‘‘(IV) a projection of the funding standard pected to substantially overlap with the ac- forth’’ and inserting ‘‘describing how a per- account on a year-by-year basis for the cur- tive participants in a preexisting plan; son may obtain information regarding’’; rent plan year and the 14 succeeding plan

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7619 years and a statement of the actuarial as- ‘‘(viii) such other information as may be ‘‘(i) documentation from the plan actuary sumptions for such projections, and required by the ERISA agencies by regula- certifying to the ERISA agencies and to the ‘‘(V)(aa) subject to item (bb), a projection tion.’’; plan sponsor— of the cash flow of the plan and actuarial as- (C) by striking subparagraph (C) and in- ‘‘(I) whether or not the plan is in unre- sumptions for the current plan year and 14 serting the following: stricted or stable status for such plan year, succeeding plan years, and ‘‘(C) FORM AND MANNER.—The report re- whether or not the plan is in endangered sta- ‘‘(bb) in the case in which it is certified quired by subparagraph (A) shall be filed tus for such plan year and whether or not the that a multiemployer plan is or will be in en- electronically in accordance with regula- plan is or will be in critical status for such dangered or critical status for a plan year, tions prescribed by the ERISA agencies.’’; plan year or any of the 5 succeeding plan the projection of the cash flow of the plan and years, and actuarial assumptions for the current (D) in subparagraph (D)— ‘‘(II) in the case of a plan which is in a year and 29 succeeding plan years, (i) by redesignating clauses (ii), (iii), (iv), funding improvement or rehabilitation pe- ‘‘(ii) as of the last day of the prior plan and (v) as clauses (iii), (iv), (v), and (vi), re- riod, whether or not the plan is making the year, a good faith determination of— spectively; scheduled progress in meeting the require- ‘‘(I) the fair market value of the assets of (ii) by inserting after clause (i) the fol- ments of its funding improvement or reha- the plan, lowing: bilitation plan and, if not, a summary of the ‘‘(II) the number of participants who are— primary reasons the plan is not making the ‘‘(ii) PLANS IN ENDANGERED OR CRITICAL ‘‘(aa) retired or separated from service and scheduled progress, STATUS.—If it is certified under subparagraph are receiving benefits, ‘‘(III) the funded percentage of the plan de- (A) that a multiemployer plan is or will be in ‘‘(bb) retired or separated participants en- termined as of the first day of the current endangered or critical status, the plan spon- titled to future benefits, and plan year and the value of assets and liabil- sor shall include in the notice under clause ‘‘(cc) active participants under the plan, ities used to calculate such funded percent- (i)— ‘‘(III) the total value of all benefits paid age, ‘‘(I) a statement describing how a person during the prior plan year, ‘‘(IV) a projection of the funding standard may obtain a copy of the plan’s funding im- ‘‘(IV) the total value of all contributions account on a year-by-year basis for the cur- provement or rehabilitation plan, as appro- and withdrawal liability payments made to rent plan year and the 14 succeeding plan the plan during the prior plan year, and priate, adopted under this section and the years and a statement of the actuarial as- ‘‘(V) the total value of all investment gains actuarial and financial data that dem- sumptions for such projections, and or losses during the prior plan year, onstrate any action taken by the plan to- ‘‘(V)(aa) subject to item (bb), a projection ‘‘(iii) a description of any material changes ward fiscal improvement, of the cash flow of the plan and actuarial as- during the previous plan year to the rates at ‘‘(II) a summary of any funding improve- sumptions for the current plan year and 14 which participants accrue benefits or the ment or rehabilitation plan, and any update succeeding plan years, and rate at which employers contribute, thereto or modification thereof, adopted ‘‘(bb) in the case in which it is certified ‘‘(iv) a copy of any funding improvement under this section prior to the furnishing of that a multiemployer plan is or will be in en- plan or rehabilitation plan, and any update such notice, dangered or critical status for a plan year, thereto or modification thereof, that was ‘‘(III) a summary of the rules governing in- the projection of the cash flow of the plan adopted under this section prior to the filing solvency, including the limitations on ben- and actuarial assumptions for the current of the report for the current plan year in ac- efit payments, and year and 29 succeeding plan years, cordance with this subparagraph and, if ap- ‘‘(IV) a general description of the benefits ‘‘(ii) as of the last day of the prior plan plicable, after the filing of the report re- under the plan which are eligible to be guar- year, a good faith determination of— quired by this subparagraph for the prior anteed by the Pension Benefit Guaranty Cor- ‘‘(I) the fair market value of the assets of plan year, poration and an explanation of the limita- the plan, ‘‘(v) in the case of any plan amendment, tions on the guarantee and the cir- ‘‘(II) the number of participants who are— scheduled benefit increase or reduction, or cumstances under which such limitations ‘‘(aa) retired or separated from service and other known event taking effect in the cur- apply.’’; are receiving benefits, rent plan year and having a material effect (iii) in clause (v), as so redesignated— ‘‘(bb) retired or separated participants en- on plan liabilities or assets for the year (as (I) by striking ‘‘The Secretary of the titled to future benefits, and defined in regulations by the ERISA agen- Treasury, in consultation with the Sec- ‘‘(cc) active participants under the plan, cies), an explanation of the amendment, retary’’ and inserting ‘‘The ERISA agen- ‘‘(III) the total value of all benefits paid scheduled increase or reduction, or event, cies’’; and during the prior plan year, and a projection to the end of such plan year (II) by striking ‘‘(ii) and (iii)’’ and insert- ‘‘(IV) the total value of all contributions of the effect of the amendment, scheduled in- ing ‘‘(ii), (iii), and (iv)’’; and and withdrawal liability payments made to crease or reduction, or event on plan liabil- (E) by adding at the end the following: the plan during the prior plan year, and ities, ‘‘(E) DESIGNATION AND COORDINATION.—The ‘‘(V) the total value of all investment gains ‘‘(vi) in the case of a multiemployer plan ERISA agencies shall— or losses during the prior plan year, certified to be in critical status for which ‘‘(i) designate one ERISA agency to receive ‘‘(iii) a description of any material changes the plan sponsor has determined that, based the report described in subparagraph (A) on during the previous plan year to the rates at on reasonable actuarial assumptions and behalf of all the ERISA agencies, which shall which participants accrue benefits or the upon exhaustion of all reasonable measures, each have full access to such report; and rate at which employers contribute, the plan cannot reasonably be expected to ‘‘(ii) consult with each other and develop ‘‘(iv) a copy of any funding improvement emerge from critical status by the end of the rules, regulations, practices, and forms, plan or rehabilitation plan, and any update rehabilitation period, a description of all which to the extent appropriate for the effi- thereto or modification thereof, that was reasonable measures, whether or not such cient administration of the provisions of this adopted under this section prior to the filing measures were implemented, and a summary paragraph are designed to replace duplica- of the report for the current plan year in ac- of the consideration of such measures, tion of effort, duplication of reporting, con- cordance with this subparagraph and, if ap- ‘‘(vii) a statement, containing the informa- flicting or overlapping requirements, and the plicable, after the filing of the report re- tion available to the plan sponsor, describ- burden of compliance with such provisions quired by this subparagraph for the prior ing— by plan administrators and plan sponsors. plan year, ‘‘(I) the withdrawal of any employer during ‘‘(F) ERISA AGENCIES.—In this paragraph, ‘‘(v) in the case of any plan amendment, the prior plan year and the percentage of the term ‘ERISA agencies’ means the Sec- scheduled benefit increase or reduction, or total contributions made by that employer retary, the Secretary of the Treasury, and other known event taking effect in the cur- during the prior plan year, the Pension Benefit Guaranty Corporation.’’. rent plan year and having a material effect ‘‘(II) any material reduction in total con- (2) AMENDMENTS TO 1986 CODE.—Section on plan liabilities or assets for the year (as tributions or withdrawal liability payments 432(b)(4) of the Internal Revenue Code of 1986, defined in regulations by the ERISA agen- of any employers and the reason for such re- as redesignated by section 211(a) and as in ef- cies), an explanation of the amendment, duction, and a comparison to contributions fect before the amendments made by section scheduled increase or reduction, or event, projected previously, 211 other than subsection (a) thereof, is fur- and a projection to the end of such plan year ‘‘(III) any material reduction in the num- ther amended— of the effect of the amendment, scheduled in- ber of active plan participants and the rea- (A) in the paragraph heading, by striking crease or reduction, or event on plan liabil- son for such reduction, and ‘‘BY PLAN ACTUARY’’ and inserting ‘‘AND RE- ities, ‘‘(IV) the annual withdrawal liability pay- PORT’’; ‘‘(vi) in the case of a multiemployer plan ment each withdrawn employer is obligated (B) by amending subparagraph (A) to read certified to be in critical status for which to pay to the plan for the plan year, whether as follows: the plan sponsor has determined that, based that amount was collected by the plan (and ‘‘(A) IN GENERAL.—Not later than the 90th on reasonable actuarial assumptions and if not, the amount that was collected), and day of each plan year of a multiemployer upon exhaustion of all reasonable measures, the remaining years on the employer’s obli- plan, the plan sponsor shall file, in accord- the plan cannot reasonably be expected to gation to make withdrawal liability pay- ance with regulations prescribed by the emerge from critical status by the end of the ments, and ERISA agencies, a report that contains— rehabilitation period, a description of all

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7620 CONGRESSIONAL RECORD — SENATE December 17, 2020 reasonable measures, whether or not such tion of effort, duplication of reporting, con- TITLE IV—OTHER MULTIEMPLOYER PLAN measures were implemented, and a summary flicting or overlapping requirements, and the REFORMS of the consideration of such measures, burden of compliance with such provisions SEC. 401. CLARIFICATION OF FIDUCIARY DUTY ‘‘(vii) a statement, containing the informa- by plan administrators and plan sponsors. OF RETIREE REPRESENTATIVE WHO tion available to the plan sponsor, describ- ‘‘(F) ERISA AGENCIES.—In this paragraph, IS A TRUSTEE. ing— the term ‘ERISA agencies’ means the Sec- (a) AMENDMENT OF INTERNAL REVENUE CODE ‘‘(I) the withdrawal of any employer during retary, the Secretary of Labor, and the Pen- OF 1986.—Subclause (III) of section the prior plan year and the percentage of sion Benefit Guaranty Corporation.’’. 432(f)(9)(B)(v) of the Internal Revenue Code total contributions made by that employer (3) INVESTIGATIONS.—Section 4003 of the of 1986, as redesignated by section 211(a) and during the prior plan year, and a comparison Employee Retirement Income Security Act as in effect before the amendments made by to contributions projected previously. of 1974 (29 U.S.C. 1303) is amended by adding section 211 other than subsection (a) thereof, ‘‘(II) any material reduction in total con- at the end the following: is amended by striking the period and insert- tributions or withdrawal liability payments ‘‘(g) The corporation may investigate or ing ‘‘, or to any other duties performed by of any employers and the reason for such re- review any facts, conditions, practices, or such person pursuant to such person’s role as duction, other matters it determines necessary or a plan trustee.’’. ‘‘(III) any material reduction in the num- proper related to the actuarial certification (b) AMENDMENT OF EMPLOYEE RETIREMENT ber of active plan participants and the rea- and report by multiemployer plans under INCOME SECURITY ACT OF 1974.—Subclause son for such reduction, and section 305(b)(4)(A), or to obtain such infor- (III) of section 305(f)(9)(B)(v) of the Employee ‘‘(IV) the annual withdrawal liability pay- mation as any duly authorized committee or Retirement Income Security Act of 1974 (29 ment each withdrawn employer is obligated subcommittee of the Congress may request U.S.C. 1085(f)(9)(B)(v)), as redesignated by to pay to the plan for the plan year, whether with respect to such plans. Any information section 212(a) and as in effect before the that amount was collected by the plan (and or documentary material submitted to the amendments made by section 212 other than if not, the amount that was collected), and corporation pursuant to this section, if subsection (a) thereof, is amended by strik- the remaining years on the employer’s obli- clearly designated by the person making the ing the period and inserting ‘‘, or to any gation to make withdrawal liability pay- submission as confidential (on each page in other duties performed by such person pursu- ments, and the case of a document, and in the file name ant to such person’s role as a plan trustee.’’. ‘‘(viii) such other information as may be in the case of a digital file), shall be exempt (c) EFFECTIVE DATE.—The amendments required by the ERISA agencies by regula- from disclosure under section 552 of title 5, made by this section shall take effect on the tion.’’; United States Code, and no such information date of the enactment of this Act. (C) by striking subparagraph (C) and in- or documentary material may be made pub- serting the following: SEC. 402. SAFE HARBORS. lic, except as may be relevant to any admin- ‘‘(C) FORM AND MANNER.—The report re- (a) AMENDMENTS TO INTERNAL REVENUE istrative or judicial action or proceeding, in- quired by subparagraph (A) shall be filed CODE OF 1986.— cluding an informal rulemaking.’’. electronically in accordance with regula- (1) EQUITABLE DISTRIBUTION OF BENEFIT SUS- tions prescribed by the ERISA agencies.’’; SEC. 322. PENALTIES FOR FAILURE TO PROVIDE PENSIONS.—Clause (vi) of section 432(f)(9)(D) (D) in subparagraph (D)— NOTICES. of the Internal Revenue Code of 1986, as re- (i) by redesignating clauses (ii), (iii), (iv), (a) IN GENERAL.—Section 502(c) of the Em- designated by section 211(a) and as in effect and (v) as clauses (iii), (iv), (v), and (vi), re- ployee Retirement Income Security Act of before the amendments made by section 211 spectively; 1974 (29 U.S.C. 1132) is amended— other than subsection (a) thereof, is amended (ii) by inserting after clause (i) the fol- (1) in paragraph (7)— by adding at the end the following flush lan- lowing: (A) by striking ‘‘(7) The Secretary’’ and in- guage: ‘‘(ii) PLANS IN ENDANGERED OR CRITICAL serting ‘‘(7)(A) The Secretary’’; and ‘‘For purposes of the preceding sentence, a STATUS.—If it is certified under subparagraph (B) by adding at the end the following: suspension of benefits in the form of a flat (A) that a multiemployer plan is or will be in ‘‘(B) The Secretary may assess a civil pen- percentage reduction in benefits which is ap- endangered or critical status, the plan spon- alty against a plan sponsor of up to $110 per plied in the same manner to all participants sor shall include in the notice under clause day from the date of the plan administra- and beneficiaries (before application of (i)— tor’s or sponsor’s failure or refusal to pro- clauses (ii) and (iii)) shall be treated as being ‘‘(I) a statement describing how a person vide the relevant notices under section 101(f) equitably distributed across the participant may obtain a copy of the plan’s funding im- or section 305(b)(4)(D) to a recipient other and beneficiary population.’’. provement or rehabilitation plan, as appro- than the Secretary or the Pension Benefit (2) APPLICATION ASSUMPTIONS.—Clause (v) priate, adopted under this section and the Guaranty Corporation. For purposes of this of section 432(f)(9)(G) of such Code, as so re- actuarial and financial data that dem- paragraph, each violation with respect to designated and in effect, is amended— onstrate any action taken by the plan to- any single recipient shall be treated as a sep- (A) by striking ‘‘STANDARD FOR ACCEPTING’’ ward fiscal improvement, arate violation.’’; and in the heading and inserting ‘‘STANDARDS ‘‘(II) a summary of any funding improve- (2) by adding at the end the following: FOR ASSUMPTIONS AND ACCEPTING’’, and ment or rehabilitation plan, and any update ‘‘(13)(A) The Secretary may assess a civil (B) by striking ‘‘In evaluating’’ and insert- thereto or modification thereof, adopted penalty against any plan sponsor of up to ing ‘‘The Secretary, in consultation with the under this section prior to the furnishing of $2,140 per day from the date of the plan spon- Pension Benefit Guaranty Corporation and such notice, sor’s failure to file with the Secretary or the the Secretary of Labor, shall promulgate ‘‘(III) a summary of the rules governing in- Pension Benefit Guaranty Corporation the regulations regarding the actuarial assump- solvency, including the limitations on ben- notice required under section 305(b)(4)(D) or tions that plans may use for purposes of the efit payments, and with the Pension Benefit Guaranty Corpora- application under this subparagraph. Such ‘‘(IV) a general description of the benefits tion the notice required under section 101(f). regulations shall create safe harbors regard- under the plan which are eligible to be guar- ‘‘(B) The Secretary may assess a civil pen- ing assumptions for future rate of invest- anteed by the Pension Benefit Guaranty Cor- alty against any plan sponsor of up to $1,100 ment returns, future industry activity and poration and an explanation of the limita- per day from the date of the plan sponsor’s contribution base units, mortality, and other tions on the guarantee and the cir- failure to file with the ERISA agency des- assumptions as determined by the Secretary, cumstances under which such limitations ignated in accordance with subparagraph (E) and shall describe the situations in which ac- apply.’’; and of section 305(b)(4) the report under subpara- tuarial assumptions may change during re- (iii) in clause (v), as so redesignated— graph (A) of such section.’’. view of an application without the with- (I) by striking ‘‘The Secretary of the (b) CONFORMING AMENDMENT.—Section drawal and resubmission of the application. Treasury, in consultation with the Sec- 502(a)(6) of such Act is amended by striking In evaluating’’. retary’’ and inserting ‘‘The ERISA agen- ‘‘or (9)’’ and inserting ‘‘(9), (10), or (13)’’. (b) AMENDMENTS TO EMPLOYEE RETIREMENT cies’’; and INCOME SECURITY ACT OF 1974.— (II) by striking ‘‘(ii) and (iii)’’ and insert- Subtitle D—Consistency of Criminal (1) EQUITABLE DISTRIBUTION OF BENEFIT SUS- ing ‘‘(ii), (iii), and (iv)’’; and Penalties PENSIONS.—Clause (vi) of section 305(f)(9)(D) (E) by adding at the end the following: SEC. 331. CONSISTENCY OF CRIMINAL PEN- of the Employee Retirement Income Secu- ‘‘(E) DESIGNATION AND COORDINATION.—The ALTIES. rity Act of 1974 (29 U.S.C. 1085(f)(9)(D)), as re- ERISA agencies shall— Part I of title 18, United States Code, is designated by section 212(a) and as in effect ‘‘(i) designate one ERISA agency to receive amended— before the amendments made by section 212 the report described in subparagraph (A) on (1) in section 664, in the first undesignated other than subsection (a) thereof, is amended behalf of all the ERISA agencies, which shall paragraph, by striking ‘‘five years’’ and in- by adding at the end the following flush lan- each have full access to such report; and serting ‘‘10 years’’; guage: ‘‘(ii) consult with each other and develop (2) in section 1027, by striking ‘‘five years’’ ‘‘For purposes of the preceding sentence, a rules, regulations, practices, and forms, and inserting‘‘10 years’’; and suspension of benefits in the form of a flat which to the extent appropriate for the effi- (3) in section 1954, in the undesignated percentage reduction in benefits which is ap- cient administration of the provisions of this matter following paragraph (4), by striking plied in the same manner to all participants paragraph are designed to replace duplica- ‘‘three years’’ and inserting ‘‘10 years’’. and beneficiaries (before application of

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clauses (ii) and (iii)) shall be treated as being ‘‘(vi) DE MINIMIS CHANGES.—Notice under ternal Revenue Code of 1986 (as in effect on equitably distributed across the participant clause (i) is not required in the case of a the day before the date of the enactment of and beneficiary population.’’. change to a notice previously issued, and an this Act) and section 305(e)(9)(F)(v) of the (2) APPLICATION ASSUMPTIONS.—Clause (v) application previously submitted under sub- Employee Retirement Income Security Act of section 305(f)(9)(G) of such Act (29 U.S.C. paragraph (G), if such change would have a of 1974 (29 U.S.C. 1085(e)(9)(F)(v)), as so in ef- 1085(f)(9)(G)), as so redesignated and in ef- de minimis effect on the suspension of bene- fect. fect, is amended— fits proposed, such as a change of 5 percent TITLE V—ALTERNATIVE PLAN (A) by striking ‘‘STANDARD FOR ACCEPTING’’ or less (whether increase or decrease) of a STRUCTURES in the heading and inserting ‘‘STANDARDS participant’s post-suspension benefits.’’. SEC. 501. COMPOSITE PLANS. FOR ASSUMPTIONS AND ACCEPTING’’, and (2) SOLICITATION OF COMMENTS.— (a) AMENDMENT TO THE EMPLOYEE RETIRE- (B) by striking ‘‘In evaluating’’ and insert- (A) DE MINIMIS CHANGES.—Clause (ii) of sec- ing ‘‘The Secretary of the Treasury, in con- tion 305(f)(9)(G) of such Act (29 U.S.C. MENT INCOME SECURITY ACT OF 1974.— sultation with the Pension Benefit Guaranty 1085(f)(9)(G)), as so redesignated and in ef- (1) IN GENERAL.—Title I of the Employee Corporation and the Secretary of Labor, fect, is amended by adding at the end the fol- Retirement Income Security Act of 1974 (29 shall promulgate regulations regarding the lowing: ‘‘The preceding sentences shall not U.S.C. 1001 et seq.) is amended by adding at actuarial assumptions that plans may use apply in the case of a resubmission of an ap- the end the following: for purposes of the application under this plication previously submitted if such ‘‘PART 8—COMPOSITE PLANS AND LEGACY subparagraph. Such regulations shall create change would have a de minimis effect on PLANS safe harbors regarding assumptions for fu- the suspension of benefits proposed.’’. ‘‘SEC. 801. COMPOSITE PLAN DEFINED. ture rate of investment returns, future in- (B) EXTENSION OF PERIOD FOR CORRECTION ‘‘(a) IN GENERAL.—For purposes of this Act, dustry activity and contribution base units, OF DEFECT.—Clause (iii) of section 305(f)(9)(G) the term ‘composite plan’ means a pension mortality, and other assumptions as deter- of such Act (29 U.S.C. 1085(f)(9)(G)), as so re- plan— mined by the Secretary, and shall describe designated and in effect, is amended by in- ‘‘(1) which is a multiemployer plan that is the situations in which actuarial assump- serting after the second sentence the fol- neither a defined benefit plan nor a defined tions may change during review of an appli- lowing: ‘‘If the only failure with respect to contribution plan; cation without the withdrawal and resubmis- an application is a failure to provide ade- ‘‘(2) the terms of which provide that the sion of the application. In evaluating’’. quate notice to participants under subpara- plan is a composite plan for purposes of this (c) EFFECTIVE DATES.— graph (F), the Secretary may extend the 225- title with respect to which not more than (1) IN GENERAL.—The amendments made by day deadline for consideration of the applica- one multiemployer defined benefit plan is subsections (a)(1) and (b)(1) shall apply to tion by notice to the plan sponsor.’’. treated as a legacy plan within the meaning suspensions of benefits taking effect after (c) EFFECTIVE DATE.—The amendments of section 805, unless there is more than one the date of the enactment of this Act. made by this section shall apply to applica- legacy plan following a merger of composite (2) APPLICATIONS.—The amendments made tions, or changes to applications, submitted plans under section 806; by subsections (a)(2) and (b)(2) shall apply to after the date of the enactment of this Act. ‘‘(3) which provides systematically for the applications submitted after the date of the SEC. 404. PROTECTION OF PARTICIPANTS RE- payment of benefits— enactment of this Act. CEIVING DISABILITY BENEFITS. ‘‘(A) objectively calculated pursuant to a SEC. 403. CLARIFICATION OF NOTICE AND COM- (a) AMENDMENT TO INTERNAL REVENUE CODE nondiscretionary formula specified in the MENT PROCESS. OF 1986.—Clause (iii) of section 432(f)(9)(D) of plan document with respect to plan partici- (a) AMENDMENTS TO INTERNAL REVENUE the Internal Revenue Code of 1986, as redesig- pants for life; and CODE OF 1986.— nated by section 211(a) and as in effect before ‘‘(B) in the form of life annuities, except (1) NOTICE TO PARTICIPANTS.—Subparagraph the amendments made by section 211 other for benefits which under section 203(e) may (F) of section 432(f)(9) of the Internal Rev- than subsection (a) thereof, is amended to be immediately distributed without the con- enue Code of 1986, as redesignated by section read as follows: sent of the participant; 211(a) and as in effect before the amendments ‘‘(iii) No benefits based on disability (as de- ‘‘(4) for which the anticipated employer made by section 211 other than subsection (a) fined under the plan) may be suspended contributions to the plan for the first plan thereof, is amended by adding at the end the under this paragraph if the participant or year are at least 120 percent of the normal following new clause: beneficiary is disabled (as so defined) or re- cost for the plan year; ‘‘(vi) DE MINIMIS CHANGES.—Notice under ceiving disability benefits under the plan as ‘‘(5) which requires— clause (i) is not required in the case of a of the date of the suspension of benefits. No ‘‘(A) an annual valuation of the liability of change to a notice previously issued, and an benefits under the plan may be suspended the plan as of a date within the plan year to application previously submitted under sub- under this paragraph of any participant or which the valuation refers or within one paragraph (G), if such change would have a beneficiary who is entitled to a benefit under month prior to the beginning of such year; de minimis effect on the suspension of bene- title II of the Social Security Act on the ‘‘(B) an annual actuarial determination of fits proposed, such as a change of 5 percent basis of a disability (as defined in section the plan’s current funded ratio and projected or less (whether increase or decrease) of a 223(d)(2) of such Act) as of such date.’’. funded ratio under section 802(a); participant’s post-suspension benefits.’’. (b) AMENDMENT TO EMPLOYEE RETIREMENT ‘‘(C) corrective action through a realign- (2) SOLICITATION OF COMMENTS.— INCOME SECURITY ACT OF 1974.—Clause (iii) of ment program pursuant to section 803 when- (A) DE MINIMIS CHANGES.—Clause (ii) of sec- section 305(f)(9)(D) of the Employee Retire- ever the plan’s projected funded ratio is tion 432(f)(9)(G) of such Code, as so redesig- ment Income Security Act of 1974 (29 U.S.C. below 120 percent for the plan year; and nated and in effect, is amended by adding at 1085(f)(9)(D)), as redesignated by section ‘‘(D) an annual notification to each partici- the end the following: ‘‘The preceding sen- 212(a) and as in effect before the amendments pant describing benefits under the plan and tences shall not apply in the case of a resub- made by section 212 other than subsection (a) explaining that such benefits may be subject mission of an application previously sub- thereof, is amended to read as follows: to reduction under a realignment program mitted if such change would have a de mini- ‘‘(iii) No benefits based on disability (as de- pursuant to section 803 based on the plan’s mis effect on the suspension of benefits pro- fined under the plan) may be suspended funded status in future plan years; and posed.’’. under this paragraph if the participant or ‘‘(6) the board of trustees of which includes (B) EXTENSION OF PERIOD FOR CORRECTION beneficiary is disabled (as so defined) or re- at least one retiree or beneficiary in pay sta- OF DEFECT.—Clause (iii) of section 432(f)(9)(G) ceiving disability benefits under the plan as tus during each plan year following the first of such Code, as so redesignated and in ef- of the date of the suspension of benefits. No plan year in which at least 5 percent of the fect, is amended by inserting after the sec- benefits under the plan may be suspended participants in the plan are retirees or bene- ond sentence the following: ‘‘If the only fail- under this paragraph of any participant or ficiaries in pay status. ure with respect to an application is a failure beneficiary who is entitled to a benefit under ‘‘(b) TRANSITION FROM A MULTIEMPLOYER to provide adequate notice to participants title II of the Social Security Act on the DEFINED BENEFIT PLAN.— under subparagraph (F), the Secretary may basis of a disability (as defined in section ‘‘(1) IN GENERAL.—The plan sponsor of a de- extend the 225-day deadline for consideration 223(d)(2) of such Act) as of such date.’’. fined benefit plan that is a multiemployer of the application by notice to the plan spon- (c) EFFECTIVE DATE.—The amendments plan may, subject to paragraph (2), amend sor.’’. made by this section shall apply to suspen- the plan to incorporate the features of a (b) AMENDMENTS TO EMPLOYEE RETIREMENT sions of benefits taking effect after the date composite plan as a component of the multi- INCOME SECURITY ACT OF 1974.— of the enactment of this Act. employer plan separate from the defined ben- (1) NOTICE TO PARTICIPANTS.—Subparagraph SEC. 405. MODEL NOTICE. efit plan component, except in the case of a (F) of section 305(f)(9) of the Employee Re- Not later than 1 year after the date of the defined benefit plan for which the plan actu- tirement Income Security Act of 1974 (29 enactment of this Act, the Secretary of the ary has certified under section 305(b)(4) that U.S.C. 1085(f)(9)), as redesignated by section Treasury, in consultation with the Secretary the plan is or will be in endangered or crit- 212(a) and as in effect before the amendments of Labor and the Pension Benefit Guaranty ical status for the plan year in which such made by section 212 other than subsection (a) Corporation, shall develop a 1-page, plain- amendment would become effective or in en- thereof, is amended by adding at the end the language, cover-page format for the model dangered or critical status for any of the following new clause: notice under section 432(e)(9)(F)(v) of the In- succeeding 5 plan years.

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‘‘(2) REQUIREMENTS.—Any amendment pur- posite plan (or, in the case of a composite the basis of actuarial assumptions and meth- suant to paragraph (1) to incorporate the fea- plan incorporated as a component of a multi- ods— tures of a composite plan as a component of employer plan as described in paragraph (1), ‘‘(A) each of which is reasonable (taking a multiemployer plan shall— the intent to amend the multiemployer plan into account the experience of the plan and ‘‘(A) apply with respect to all collective to incorporate such composite plan) at least reasonable expectations); bargaining agreements providing for con- 30 days prior to the effective date of such es- ‘‘(B) which, in combination, offer the actu- tributions to the multiemployer plan on or tablishment or amendment. ary’s best estimate of anticipated experience after the effective date of the amendment; ‘‘(B) CERTIFICATION.—In the case of a com- under the plan; and ‘‘(B) apply with respect to all participants posite plan incorporated as a component of a ‘‘(C) with respect to which any change in the multiemployer plan for whom con- multiemployer plan as described in para- from the actuarial assumptions and methods tributions are made to the multiemployer graph (1), such notice shall include a certifi- used in the previous plan year shall be cer- plan on or after the effective date of the cation by the plan actuary under section tified by the plan actuary and the actuarial amendment; 305(b)(4) that the effective date of the amend- rationale for such change provided in the an- ‘‘(C) specify that the effective date of the ment occurs in a plan year for which the nual report required by section 103. amendment is— multiemployer plan is not in endangered or ‘‘(2) FAIR MARKET VALUE OF ASSETS.—The ‘‘(i) the first day of a specified plan year critical status for that plan year and any of value of the plan’s assets shall be taken into following the date of the adoption of the the succeeding 5 plan years. account on the basis of their fair market amendment, except that the plan sponsor ‘‘(6) REFERENCES TO COMPOSITE PLAN COMPO- value. may alternatively provide for a separate ef- NENT.—As used in this part, the term ‘com- ‘‘(3) DETERMINATION OF NORMAL COST AND fective date with respect to each collective posite plan’ includes a composite plan com- PLAN LIABILITIES.—A plan’s normal cost and bargaining agreement under which contribu- ponent added to a defined benefit plan pursu- liabilities shall be based— tions to the multiemployer plan are re- ant to paragraph (1). ‘‘(A) on the most recent actuarial valu- quired, which shall occur on the first day of ‘‘(7) RULE OF CONSTRUCTION.—Paragraph ation required under section 801(a)(5)(A) and the first plan year beginning after the termi- (2)(A) shall not be construed as preventing the unit credit funding method; and nation, or if earlier, the re-opening, of each the plan sponsor of a multiemployer plan ‘‘(B) on rates of interest subject to section such agreement, or such earlier date as the from adopting an amendment pursuant to 304(b)(6). parties to the agreement and the plan spon- paragraph (1) because some collective bar- ‘‘(4) TIME WHEN CERTAIN CONTRIBUTIONS sor of the multiemployer plan shall agree to; gaining agreements are amended to cease DEEMED MADE.—Any contributions for a plan and any covered employer’s obligation to con- year made by an employer after the last day ‘‘(ii) not later than the first day of the tribute to the multiemployer plan before or 1 fifth plan year beginning on or after the date of such plan year, but not later than 2 ⁄2 after the plan amendment is effective. Para- months after such day, shall be deemed to of the adoption of the amendment; graph (2)(B) shall not be construed as pre- ‘‘(D) specify that, as of the amendment’s have been made on such last day. For pur- venting the plan sponsor of a multiemployer 1 effective date, no further benefits shall ac- poses of this paragraph, such 2 ⁄2-month pe- plan from adopting an amendment pursuant riod may be extended to a total of not more crue under the defined benefit component of to paragraph (1) because some participants the multiemployer plan; and than 120 days under regulations prescribed cease to have contributions made to the mul- by the Secretary of the Treasury. ‘‘(E) specify that, as of the amendment’s tiemployer plan on their behalf before or effective date, the plan sponsor of the multi- ‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— after the plan amendment is effective. Except where otherwise provided in this employer plan shall be the plan sponsor of ‘‘(c) COORDINATION WITH FUNDING RULES.— part, the provisions of section 305(b)(4)(B) both the composite plan component and the Except as otherwise provided in this part, shall apply to any determination or projec- defined benefit plan component of the plan. sections 302, 304, and 305 shall not apply to a tion under this part. ‘‘(3) SPECIAL RULES.—If a multiemployer composite plan. plan is amended pursuant to paragraph (1)— ‘‘(d) TREATMENT OF A COMPOSITE PLAN.— ‘‘SEC. 803. REALIGNMENT PROGRAM. ‘‘(A) the requirements of this title and For purposes of this Act (other than sections title IV shall be applied to the composite 302 and 4245), a composite plan shall be treat- ‘‘(a) REALIGNMENT PROGRAM.— plan component and the defined benefit plan ed as if it were a defined benefit plan unless ‘‘(1) ADOPTION.—In any case in which the component of the multiemployer plan as if a different treatment is provided for under plan actuary certifies under section 802(a) each such component were maintained as a applicable law. that the plan’s projected funded ratio is separate plan; and ‘‘SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMP- below 120 percent for the plan year, the plan ‘‘(B) the assets of the composite plan com- TIONS. sponsor shall adopt a realignment program ponent and the defined benefit plan compo- ‘‘(a) CERTIFICATION OF FUNDED RATIOS.— under paragraph (2) not later than 210 days nent of the plan shall be held in a single ‘‘(1) IN GENERAL.—Not later than the one- after the due date of the certification re- trust forming part of the plan under which hundred twentieth day of each plan year of a quired under such section 802(a). The plan the trust instrument expressly provides— composite plan, the plan actuary of the com- sponsor shall adopt an updated realignment ‘‘(i) for separate accounts (and appropriate posite plan shall certify to the Secretary, program for each succeeding plan year for records) to be maintained to reflect the in- the Secretary of the Treasury, and the plan which a certification described in the pre- terest which each of the plan components sponsor the plan’s current funded ratio and ceding sentence is made. has in the trust, including separate account- projected funded ratio for the plan year. ‘‘(2) CONTENT OF REALIGNMENT PROGRAM.— ing for additions to the trust for the benefit ‘‘(2) DETERMINATION OF CURRENT FUNDED ‘‘(A) IN GENERAL.—A realignment program of each plan component, disbursements made RATIO AND PROJECTED FUNDED RATIO.—For adopted under this paragraph is a written from each plan component’s account in the purposes of this section: program which consists of reasonable meas- trust, investment experience of the trust al- ‘‘(A) CURRENT FUNDED RATIO.—The current ures, including options or a range of options locable to that account, and administrative funded ratio is the ratio (expressed as a per- to be undertaken by the plan sponsor or pro- expenses (whether direct expenses or shared centage) of— posed to the bargaining parties, formulated, expenses allocated proportionally), and per- ‘‘(i) the value of the plan’s assets as of the based on reasonably anticipated experience mits, but does not require, the pooling of first day of the plan year; to and reasonable actuarial assumptions, to en- some or all of the assets of the two plan com- ‘‘(ii) the plan actuary’s calculation of the able the plan to achieve a projected funded ponents for investment purposes, subject to present value of the plan liabilities as of the ratio of at least 120 percent for the following the judgment of the plan fiduciaries; and first day of the plan year. plan year. ‘‘(ii) that the assets of each of the two plan ‘‘(B) PROJECTED FUNDED RATIO.—The pro- ‘‘(B) INITIAL PROGRAM ELEMENTS.—Reason- components shall be held, invested, rein- jected funded ratio is the funded ratio deter- able measures under a realignment program vested, managed, administered and distrib- mined under subparagraph (A), projected as described in subparagraph (A) may include uted for the exclusive benefit of the partici- of the first day of the fifteenth plan year fol- any of the following: pants and beneficiaries of each such plan lowing the plan year for which the deter- ‘‘(i) Proposed contribution increases. component, and in no event shall the assets mination is being made. ‘‘(ii) A reduction in the rate of future ben- of one of the plan components be available to ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE efit accruals, so long as the resulting rate is pay benefits due under the other plan compo- INCREASES.—For purposes of projections not less than 1 percent of the contributions nent. under this subsection, the plan actuary may on which benefits are based as of the start of ‘‘(4) NOT A TERMINATION EVENT.—Notwith- anticipate contribution rate increases be- the plan year (or the equivalent standard ac- standing section 4041A, an amendment pur- yond the term of the current collective bar- crual rate as described in section 305(f)(6)). suant to paragraph (1) to incorporate the fea- gaining agreement and any agreed-to supple- ‘‘(iii) A modification or elimination of ad- tures of a composite plan as a component of ments, if reasonable, not to exceed 2.5 per- justable benefits of participants that are not a multiemployer plan does not constitute cent per year, compounded annually. in pay status before the date of the notice re- termination of the multiemployer plan. ‘‘(b) ACTUARIAL ASSUMPTIONS AND METH- quired under subsection (b)(1). ‘‘(5) NOTICE TO THE SECRETARY.— ODS.—For purposes of this part: ‘‘(iv) Any other lawfully available meas- ‘‘(A) NOTICE.—The plan sponsor of a com- ‘‘(1) IN GENERAL.—All costs, liabilities, ures not specifically described in this sub- posite plan shall provide notice to the Sec- rates of interest, and other factors under the paragraph or subparagraph (C) or (D) that retary of the intent to establish the com- plan shall be determined for a plan year on the plan sponsor determines are reasonable.

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‘‘(C) ADDITIONAL PROGRAM ELEMENTS.—If 180 days after the first day of the first plan ‘‘(A) prescribe model notices that the plan the plan sponsor has determined that all rea- year that begins following the adoption of sponsor of a composite plan may use to sat- sonable measures available under subpara- the realignment program. isfy the notice requirements under this sub- graph (B) will not enable the plan to achieve ‘‘(C) CONDITIONAL BENEFIT MODIFICATIONS.— section; and a projected funded ratio of at least 120 per- If a realignment program adopts any changes ‘‘(B) by regulation enumerate any details cent for the following plan year, the realign- to the benefit formula that take effect only related to the elements listed in paragraph ment program may also include— if the bargaining parties fail to agree to con- (1) that any notice under this subsection ‘‘(i) a reduction of accrued benefits that tribution increases, such changes shall take must include. are not in pay status by the date of the no- effect not later than the first day of the first ‘‘(4) DELIVERY METHOD.—Any notice under tice required under subsection (b)(1); or plan year beginning after the third anniver- this part shall be provided in writing and ‘‘(ii) a reduction of any benefits of partici- sary of the date of adoption of the realign- may be provided in electronic form to the ex- pants that are in pay status before the date ment program. tent that the form is reasonably accessible of the notice required under subsection (b)(1) ‘‘(D) REVOCATION OF CERTAIN BENEFIT MODI- to persons to whom the notice is provided. other than core benefits as defined in para- FICATIONS.—Benefit modifications described ‘‘SEC. 804. LIMITATION ON INCREASING BENE- graph (4). in subparagraph (C) may be revoked, in FITS. ‘‘(D) ADDITIONAL ELEMENTS.—In the case of whole or in part, and retroactively or pro- ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.— a composite plan for which the plan sponsor spectively, when contributions to the plan Except as provided in subsections (c), (d), has determined that all reasonable measures are increased, as specified in the realignment and (e), no plan amendment increasing bene- available under subparagraphs (B) and (C) program, including any amendments thereto. fits or establishing new benefits under a will not enable the plan to achieve a pro- The preceding sentence shall not apply un- composite plan may be adopted for a plan jected funded ratio of at least 120 percent for less the contribution increases are to be ef- year unless— the following plan year, the realignment pro- fective not later than the fifth anniversary ‘‘(1) the plan’s current funded ratio is at gram may also include— of the first day of the first plan year that be- least 110 percent (without regard to the ben- ‘‘(i) a further reduction in the rate of fu- gins after the adoption of the realignment efit increase or new benefits); ture benefit accruals without regard to the program. ‘‘(2) taking the benefit increase or new ben- limitation applicable under subparagraph efits into account, the current funded ratio (B)(ii); or ‘‘(b) NOTICE.— is at least 100 percent and the projected fund- ‘‘(ii) a reduction of core benefits; ‘‘(1) IN GENERAL.—In any case in which it is ed ratio for the current plan year is at least provided that such reductions shall be equi- certified under section 802(a) that the pro- 120 percent; tably distributed across the participant and jected funded ratio is less than 120 percent, ‘‘(3) in any case in which, after taking the beneficiary population, taking into account the plan sponsor shall, not later than 30 days benefit increase or new benefits into ac- factors, with respect to participants and after the date of the certification, provide count, the current funded ratio is less than beneficiaries and their benefits, that may in- notification of the current and projected 140 percent and the projected funded ratio is clude one or more of the factors listed in funded ratios to the participants and bene- less than 140 percent, the benefit increase or subclauses (I) through (X) of section ficiaries, the bargaining parties, the Sec- new benefits are projected by the plan actu- 305(f)(9)(D)(vi), to the extent necessary to en- retary of the Treasury, and the Secretary. ary to increase the present value of the able the plan to achieve a projected funded Such notice shall include— plan’s liabilities for the plan year by not ratio of at least 120 percent for the following ‘‘(A) an explanation that contribution rate more than 3 percent; and plan year. increases or benefit reductions may be nec- ‘‘(4) expected contributions for the current ‘‘(3) ADJUSTABLE BENEFIT DEFINED.—For essary; plan year are at least 120 percent of normal purposes of this part, the term ‘adjustable ‘‘(B) a description of the types of benefits cost for the plan year, determined using the benefit’ means— that might be reduced; and unit credit funding method and treating the ‘‘(A) benefits, rights, and features under ‘‘(C) an estimate of the contribution in- benefit increase or new benefits as in effect the plan, including post-retirement death creases and benefit reductions that may be for the entire plan year. benefits, disability benefits not yet in pay necessary to achieve a projected funded ratio ‘‘(b) ADDITIONAL REQUIREMENTS WHERE status, and similar benefits, of 120 percent. CORE BENEFITS REDUCED.—If a plan has been ‘‘(B) any early retirement benefit or retire- ‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.— amended to reduce core benefits pursuant to ment-type subsidy (within the meaning of ‘‘(A) IN GENERAL.—No modifications may a realignment program under section section 204(g)(2)(A)) (including early reduc- be made that reduce the rate of future ben- 803(a)(2)(D), such plan may not be subse- tion factors which are not provided on an ac- efit accrual or that reduce core benefits or quently amended to increase core benefits tuarially equivalent basis) and any benefit adjustable benefits unless notice of such re- unless the amendment— payment option (other than the qualified duction has been given at least 180 days be- ‘‘(1) increases the level of future benefit joint and survivor annuity), fore the general effective date of such reduc- payments only; and ‘‘(C) benefit increases which were adopted tion for all participants and beneficiaries ‘‘(2) provides for an equitable distribution (or, if later, took effect) less than 120 months to— of benefit increases across the participant before the first day of the first plan year in ‘‘(i) plan participants and beneficiaries; and beneficiary population, taking into ac- which such realignment program took effect, ‘‘(ii) each employer who has an obligation count the extent to which the benefits of ‘‘(D) any one-time bonus payment or ‘thir- to contribute to the composite plan; and participants were previously reduced pursu- teenth check’ provision, and ‘‘(iii) each employee organization which, ant to such realignment program. ‘‘(E) benefits granted for period of service for purposes of collective bargaining, rep- ‘‘(c) EXCEPTION TO COMPLY WITH APPLICA- prior to participation in the plan. resents plan participants employed by such BLE LAW.—Subsection (a) shall not apply in ‘‘(4) CORE BENEFIT DEFINED.—For purposes employers. connection with a plan amendment if the of this part, the term ‘core benefit’ means a ‘‘(B) CONTENT OF NOTICE.—The notice under amendment is required as a condition of participant’s accrued benefit payable in the subparagraph (A) shall contain— qualification under part I of subchapter D of normal form of an annuity commencing at ‘‘(i) sufficient information to enable par- chapter 1 of the Internal Revenue Code of normal retirement age, determined without ticipants and beneficiaries to understand the 1986 or to comply with other applicable law. ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCT- regard to— effect of any reduction on their benefits, in- IBLE LIMIT APPLIES.—Subsection (a) shall not ‘‘(A) any early retirement benefits, retire- cluding an illustration of any affected ben- apply in connection with a plan amendment ment-type subsidies, or other benefits, efit or subsidy, on an annual or monthly if and to the extent that contributions to the rights, or features that may be associated basis that a participant or beneficiary would composite plan would not be deductible for with that benefit; and otherwise have been eligible for as of the the plan year under section 404(a)(1)(E) of the ‘‘(B) any cost-of-living adjustments or ben- general effective date described in subpara- Internal Revenue Code of 1986 if the plan efit increases effective after the date of re- graph (A); and amendment is not adopted. tirement. ‘‘(ii) information as to the rights and rem- ‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODI- ‘‘(5) COORDINATION WITH CONTRIBUTION IN- edies of plan participants and beneficiaries FICATIONS.—Subsection (a) shall not apply in CREASES.— as well as how to contact the Department of connection with a plan amendment under ‘‘(A) IN GENERAL.—A realignment program the Treasury for further information and as- section 803(a)(5)(C), regarding conditional may provide that some or all of the benefit sistance, where appropriate. benefit modifications. modifications described in the program will ‘‘(C) FORM AND MANNER.—Any notice under ‘‘(f) TREATMENT OF PLAN AMENDMENTS.— only take effect if the bargaining parties fail subparagraph (A)— For purposes of this section— to agree to specified levels of increases in ‘‘(i) shall be provided in a form and manner ‘‘(1) if two or more plan amendments in- contributions to the plan, effective as of prescribed in regulations of the Secretary of creasing benefits or establishing new bene- specified dates. the Treasury; fits are adopted in a plan year, such amend- ‘‘(B) INDEPENDENT BENEFIT MODIFICA- ‘‘(ii) shall be written in a manner so as to ments shall be treated as a single amend- TIONS.—If a realignment program adopts any be understood by the average plan partici- ment adopted on the last day of the plan changes to the benefit formula that are inde- pant. year; pendent of potential contribution increases, ‘‘(3) MODEL NOTICES.—The Secretary of the ‘‘(2) all benefit increases and new benefits such changes shall take effect not later than Treasury shall— adopted in a single amendment are treated

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7624 CONGRESSIONAL RECORD — SENATE December 17, 2020 as a single benefit increase, irrespective of ‘‘(C) to the Secretary, the Secretary of the contribution rate, and other actuarial gains whether the increases and new benefits take Treasury, and the Pension Benefit Guaranty or losses), changes in actuarial assumptions, effect in more than one plan year; and Corporation. changes to the legacy plan’s benefits, or ‘‘(3) increases in contributions or decreases ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— changes in funding method over a period of in plan liabilities which are scheduled to This subsection shall not apply to benefits 15 plan years beginning with the plan year take effect in future plan years may be accrued before the date on which notice is following the plan year in which such change taken into account in connection with a plan provided under paragraph (2). in unfunded liability is incurred, unless oth- amendment if they have been agreed to in ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS erwise prescribed. writing or otherwise formalized by the date UNDER A COMPOSITE PLAN.— The transition contribution rate for any plan the plan amendment is adopted. ‘‘(1) IN GENERAL.—In any case in which an year may not be less than the transition con- employer, under a collective bargaining tribution rate for the plan year in which ‘‘SEC. 805. COMPOSITE PLAN RESTRICTIONS TO agreement entered into after the date of en- such rate is first established. PRESERVE LEGACY PLAN FUNDING. actment of this part, ceases to have an obli- ‘‘(B) MULTIPLE RATES.—If different rates of ‘‘(a) TREATMENT AS A LEGACY PLAN.— gation to contribute to a multiemployer de- contribution are payable to the legacy plan ‘‘(1) IN GENERAL.—For purposes of this part fined benefit plan, no employees employed by different employers or for different class- and parts 2 and 3, a defined benefit plan shall by the employer may accrue or otherwise es of employees, the certification by the ac- be treated as a legacy plan with respect to earn benefits under any composite plan, with tuary of the legacy plan shall specify a tran- the composite plan under which employees respect to service with that employer, for a sition contribution rate for each such em- who were eligible to accrue a benefit under 60-month period beginning on the date on ployer or class of employees. the defined benefit plan become eligible to which the employer entered into such collec- ‘‘(C) RATE APPLICABLE TO EMPLOYER.— accrue a benefit under such composite plan. tive bargaining agreement. ‘‘(i) IN GENERAL.—Except as provided by ‘‘(2) COMPONENT PLANS.—In any case in ‘‘(2) NOTICE OF CESSATION OF OBLIGATION.— clause (ii), the transition contribution rate which a defined benefit plan is amended to Within 30 days of determining that an em- applicable to an employer for a plan year is add a composite plan component pursuant to ployer has ceased to have an obligation to the rate in effect for the plan year of the leg- section 801(b), paragraph (1) shall be applied contribute to a legacy plan with respect to acy plan that commences on or after 180 days by substituting ‘defined benefit component’ employees employed by an employer that is before the earlier of— for ‘defined benefit plan’ and ‘composite plan or will be contributing to a composite plan ‘‘(I) the effective date of the collective bar- component’ for ‘composite plan’. with respect to service of such employees, gaining agreement pursuant to which the ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For the plan sponsor of the legacy plan shall no- employer contributes to the legacy plan; or purposes of paragraph (1), an employee is tify the plan sponsor of the composite plan ‘‘(II) 5 years after the last plan year for considered eligible to accrue a benefit under of that cessation. which the transition contribution rate appli- a composite plan as of the first day in which ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.— cable to the employer was established or up- the employee completes an hour of service Not later than 30 days after determining dated. under a collective bargaining agreement that an employer has ceased to have an obli- ‘‘(ii) EXCEPTION.—The transition contribu- that provides for contributions to and accru- gation to contribute to a legacy plan, the tion rate applicable to an employer for the als under the composite plan in lieu of accru- plan sponsor of the composite plan shall no- first plan year beginning on or after the als under the defined benefit plan. tify the bargaining parties, the active par- commencement of the employer’s obligation ticipants affected by the cessation of accru- ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.— to contribute to the composite plan is the als, the Secretary, the Secretary of the As used in this part, the term ‘collective bar- rate in effect for the plan year of the legacy Treasury, and the Pension Benefit Guaranty gaining agreement’ includes any agreement plan that commences on or after 180 days be- Corporation of the cessation of accruals, the under which an employer has an obligation fore such first plan year. period during which such cessation is in ef- to contribute to a plan. ‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL CIR- fect, and the reasons therefor. CUMSTANCES.—If the plan actuary of the leg- ‘‘(5) OTHER TERMS.—Any term used in this ‘‘(4) LIMITATION ON RETROACTIVE EFFECT.— part which is not defined in this part and acy plan has certified under section 305 that This subsection shall not apply to benefits which is also used in section 305 shall have the plan is in endangered or critical status accrued before the date on which notice is for a plan year, the transition contribution the same meaning provided such term in provided under paragraph (3). rate for the following plan year is the rate such section. ‘‘(d) TRANSITION CONTRIBUTION REQUIRE- determined with respect to the employer ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COM- MENTS.— under the legacy plan’s funding improvement POSITE PLAN OF AGREEMENTS AND CONTRIBU- ‘‘(1) IN GENERAL.—A collective bargaining or rehabilitation plan under section 305, if TIONS.— agreement satisfies the transition contribu- greater than the rate otherwise determined, ‘‘(1) IN GENERAL.—The plan sponsor of a tion requirements of this subsection if the but in no event shall the transition contribu- composite plan shall not accept or recognize agreement— tion rate be greater than 75 percent of the a collective bargaining agreement (or any ‘‘(A) authorizes payment of contributions sum of the contribution rates applicable to modification to such agreement), and no con- to a legacy plan at a rate, or multiple rates, the legacy plan and the composite plan for tributions may be accepted and no benefits as described in paragraph (2)(B), equal to or the plan year. Notwithstanding the pre- may be accrued or otherwise earned under greater than the transition contribution rate ceding sentence, if the transition contribu- the agreement— established by the legacy plan under para- tion rate in the prior year is more than 75 ‘‘(A) in any case in which the plan actuary graph (2); and percent of the sum of the contribution rates of any defined benefit plan that would be ‘‘(B) does not provide for— applicable to the legacy plan and the com- treated as a legacy plan with respect to such ‘‘(i) a suspension of contributions to the posite plan for the prior plan year, the tran- composite plan has certified under section legacy plan with respect to any period of sition contribution rate applicable to the 305(b)(4) that such defined benefit plan is or service; or legacy plan shall not be subject to the 75-per- will be in endangered or critical status for ‘‘(ii) any new direct or indirect exclusion of cent limitation, but shall be neither in- the plan year in which such agreement would younger or newly hired employees of the em- creased nor reduced as a percentage of the take effect or for any of the succeeding 5 ployer from being taken into account in de- sum of the contribution rates applicable to plan years; and termining contributions owed to the legacy the legacy plan and the composite plan for ‘‘(B) unless the agreement requires each plan. the plan year. employer who is a party to such agreement, ‘‘(2) TRANSITION CONTRIBUTION RATE.— ‘‘(E) OTHER ACTUARIAL ASSUMPTIONS AND including employers whose employees are ‘‘(A) IN GENERAL.—The transition contribu- METHODS.—Except as provided in subpara- not participants in the legacy plan, to pro- tion rate for a plan year is the contribution graph (A), the determination of the transi- vide contributions to the legacy plan with rate that, as certified by the actuary of the tion contribution rate for a plan year shall respect to such composite plan in a manner legacy plan in accordance with the principles be based on actuarial assumptions and meth- that satisfies the transition contribution re- in section 305(b)(4)(B), is reasonably expected ods consistent with the minimum funding quirements of subsection (d). to be adequate— determinations made under section 304 (or, if ‘‘(2) NOTICE.—Not later than 30 days after a ‘‘(i) to fund the normal cost for the plan applicable, section 305) with respect to the determination by a plan sponsor of a com- year; legacy plan for the plan year. posite plan that an agreement fails to satisfy ‘‘(ii) to amortize the plan’s unfunded liabil- ‘‘(F) ADJUSTMENTS IN RATE.—The plan the requirements described in paragraph (1), ities in level annual installments over 25 sponsor of a legacy plan from time to time the plan sponsor shall provide notification of years, beginning with the plan year in which may adjust the transition contribution rate such failure and the reasons for such deter- the transition contribution rate is first es- or rates applicable to an employer under this mination— tablished; and paragraph by increasing some rates and de- ‘‘(A) to the parties to the agreement; ‘‘(iii) to amortize any subsequent changes creasing others if the actuary certifies that ‘‘(B) to active participants of the com- in the legacy plan’s unfunded liability due to such adjusted rates in combination will posite plan who have ceased to accrue or oth- experience gains or losses (including invest- produce projected contribution income for erwise earn benefits with respect to service ment gains or losses, gains or losses due to the plan year beginning on or after the date with an employer pursuant to paragraph (1); contributions greater or less than the con- of certification that is not less than would be and tributions made under the prior transition produced by the transition contribution

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7625 rates in effect at the time of the certifi- ‘‘(4) the value of the assets transferred in tice as described in such section, except that cation. the case of a transfer reasonably reflects the no penalty may be assessed in any case in ‘‘(G) NOTICE OF TRANSITION CONTRIBUTION value of the amounts contributed with re- which the plan sponsor exercised reasonable RATE.—The plan sponsor of a legacy plan spect to the participants whose benefits are diligence to meet the requirements of such shall provide notice to the parties to collec- being transferred, adjusted for allocable dis- section and— tive bargaining agreements pursuant to tributions, investment gains and losses, and ‘‘(i) the plan sponsor did not know that the which contributions are made to the legacy administrative expenses. violation existed; or plan of changes to the transition contribu- A plan which is not a composite plan may ‘‘(ii) the plan sponsor provided such notice tion rate requirements at least 30 days be- not merge with or transfer assets and liabil- during the 30-day period beginning on the fore the beginning of the plan year for which ities to a composite plan. first date on which the plan sponsor knew, or the rate is effective. ‘‘(b) LEGACY PLAN.— in exercising reasonable due diligence should ‘‘(H) NOTICE TO COMPOSITE PLAN SPONSOR.— ‘‘(1) IN GENERAL.—After a merger or trans- have known, that such violation existed. Not later than 30 days after a determination fer involving a composite plan, the legacy ‘‘(B) In any case in which the plan sponsor by the plan sponsor of a legacy plan that a plan with respect to an employer that is ob- exercised reasonable diligence to meet the collective bargaining agreement provides for ligated to contribute to the resulting com- requirements of section 803(b), the Secretary a rate of contributions that is below the posite plan is the legacy plan that applied to may waive part or all of such penalty to the transition contribution rate applicable to that employer immediately before the merg- extent that the payment of such penalty one or more employers that are parties to er or transfer. would be excessive or otherwise inequitable the collective bargaining agreement, the ‘‘(2) MULTIPLE LEGACY PLANS.—If an em- relative to the violation involved. ployer is obligated to contribute to more plan sponsor of the legacy plan shall notify ‘‘(11) The Secretary may assess against any than one legacy plan with respect to employ- the plan sponsor of any composite plan under plan sponsor of a composite plan a civil pen- ees eligible to accrue benefits under more which employees of such employer would alty of not more than $100 per day for each than one composite plan and there is a merg- otherwise be eligible to accrue a benefit. violation by such sponsor of the notice re- er or transfer of such legacy plans, the tran- ‘‘(3) CORRECTION PROCEDURES.—Pursuant to quirements under sections 801(b)(5) and sition contribution rate applicable to the standards prescribed by the Secretary, the 805(b)(2).’’. legacy plan resulting from the merger or plan sponsor of a composite plan shall adopt (3) AUTHORITIES.—Section 101(a) of Reorga- transfer with respect to that employer shall rules and procedures that give the parties to nization Plan No. 4 of 1978 (29 U.S.C. 1001 be determined in accordance with the provi- the collective bargaining agreement notice note) is amended by striking ‘‘Parts 2 and 3’’ sions of section 805(d)(2)(B).’’. of the failure of such agreement to satisfy and inserting ‘‘Parts 2, 3, and 8’’. (2) PENALTIES.— the transition contribution requirements of (4) CONFORMING AMENDMENT.—The table of (A) CIVIL ENFORCEMENT OF FAILURE TO COM- this subsection, and a reasonable oppor- contents in section 1 of such Act (29 U.S.C. tunity to correct such failure, not to exceed PLY WITH REALIGNMENT PROGRAM.—Section 502(a) of such Act (29 U.S.C. 1132(a)) is 1001 note) is amended by inserting after the 180 days from the date of notice given under item relating to section 734 the following: subsection (b)(2). amended— ‘‘PART 8—COMPOSITE PLANS AND LEGACY ‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A col- (i) in paragraph (10), by striking ‘‘or’’ at lective bargaining agreement may provide the end; PLANS for supplemental contributions to the legacy (ii) in paragraph (11), by striking the pe- ‘‘Sec. 801. Composite plan defined. plan for a plan year in excess of the transi- riod at the end and inserting ‘‘; or’’; and ‘‘Sec. 802. Funded ratios; actuarial assump- tion contribution rate determined under (iii) by adding at the end the following: tions. paragraph (2), regardless of whether the leg- ‘‘(12) in the case of a composite plan re- ‘‘Sec. 803. Realignment program. acy plan is in endangered or critical status quired to adopt a realignment program under ‘‘Sec. 804. Limitation on increasing benefits. for such plan year. section 803, if the plan sponsor— ‘‘Sec. 805. Composite plan restrictions to ‘‘(e) NONAPPLICATION OF COMPOSITE PLAN ‘‘(A) has not adopted a realignment pro- preserve legacy plan funding. RESTRICTIONS.— gram under that section by the deadline es- ‘‘Sec. 806. Mergers and asset transfers of ‘‘(1) IN GENERAL.—The provisions of sub- tablished in such section; or composite plans.’’. sections (a), (b), and (c) shall not apply with ‘‘(B) fails to update or comply with the (b) AMENDMENT TO THE INTERNAL REVENUE respect to a collective bargaining agreement, terms of the realignment program in accord- CODE OF 1986.— to the extent the agreement, or a prede- ance with the requirements of such section, (1) IN GENERAL.—Subchapter D of chapter 1 cessor agreement, provides or provided for by the Secretary, by an employer that has an of the Internal Revenue Code of 1986 is contributions to a defined benefit plan that obligation to contribute with respect to the amended by adding at the end the following: is a legacy plan, as of the first day of the composite plan, or by an employee organiza- ‘‘PART IV—COMPOSITE PLANS AND first plan year following a plan year for tion that represents active participants in LEGACY PLANS which the plan actuary certifies that the the composite plan, for an order compelling ‘‘Sec. 437. Composite plan defined. plan is fully funded, has been fully funded for the plan sponsor to adopt a realignment pro- ‘‘Sec. 438. Funded ratios; actuarial assump- at least three out of the immediately pre- gram, or to update or comply with the terms tions. ceding 5 plan years, and is projected to re- of the realignment program, in accordance ‘‘Sec. 439. Realignment program. main fully funded for at least the following with the requirements of such section and ‘‘Sec. 440. Limitation on increasing benefits. 4 plan years. the realignment program.’’. ‘‘Sec. 440A. Composite plan restrictions to ‘‘(2) DETERMINATION OF FULLY FUNDED.—A (B) CIVIL PENALTIES.—Section 502(c) of such preserve legacy plan funding. plan is fully funded for purposes of paragraph Act (29 U.S.C. 1132(c)), as amended by this ‘‘Sec. 440B. Mergers and asset transfers of (1) if, as of the valuation date of the plan for Act, is further amended— composite plans. a plan year, the value of the plan’s assets (i) by moving paragraphs (8), (10), and (12) ‘‘SEC. 437. COMPOSITE PLAN DEFINED. equals or exceeds the present value of the each 2 ems to the left; ‘‘(a) IN GENERAL.—For purposes of this plan’s liabilities, determined in accordance (ii) by redesignating paragraphs (9) title, the term ‘composite plan’ means a pen- with the rules prescribed by the Pension through (13) as paragraphs (12) through (16), sion plan— Benefit Guaranty Corporation under sections respectively; and ‘‘(1) which is a multiemployer plan that is 4219(c)(1)(D) and 4281 for multiemployer (iii) by inserting after paragraph (8) the neither a defined benefit plan nor a defined plans terminating by mass withdrawal, as in following: contribution plan, effect for the date of the determination, ex- ‘‘(9) The Secretary may assess against any ‘‘(2) the terms of which provide that the cept the plan’s reasonable assumption re- plan sponsor of a composite plan a civil pen- plan is a composite plan for purposes of this garding the starting date of benefits may be alty of not more than $2,140 per day for each title with respect to which not more than used. violation by such sponsor— one multiemployer defined benefit plan is ‘‘(3) OTHER APPLICABLE RULES.—Except as ‘‘(A) of the requirement under section treated as a legacy plan within the meaning provided in paragraph (2), actuarial deter- 801(a)(5)(D) to furnish an annual notification of section 440A, unless there is more than minations and projections under this section to each participant; one legacy plan following a merger of com- shall be based on the rules in section 802(b). ‘‘(B) of the requirement under section posite plans under section 440B, ‘‘SEC. 806. MERGERS AND ASSET TRANSFERS OF 802(a) on the plan actuary to certify the ‘‘(3) which provides systematically for the COMPOSITE PLANS. plan’s current or projected funded ratio by payment of benefits— ‘‘(a) IN GENERAL.—Assets and liabilities of the date specified in such subsection; or ‘‘(A) objectively calculated pursuant to a a composite plan may only be merged with, ‘‘(C) of the requirement under section 803 nondiscretionary formula specified in the or transferred to, another plan if— to adopt a realignment program by the dead- plan document with respect to plan partici- ‘‘(1) the other plan is a composite plan; line established in that section and to com- pants for life; and ‘‘(2) the plan or plans resulting from the ply with its terms. ‘‘(B) in the form of life annuities, except merger or transfer is a composite plan; ‘‘(10)(A) The Secretary may assess against for benefits which under section 411(a)(11) ‘‘(3) no participant’s accrued benefit or ad- any plan sponsor of a composite plan a civil may be immediately distributed without the justable benefit is lower immediately after penalty of not more than $100 per day for consent of the participant; the transaction than it was immediately be- each violation by such sponsor of the re- ‘‘(4) for which the anticipated employer fore the transaction; and quirement under section 803(b) to provide no- contributions to the plan for the first plan

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7626 CONGRESSIONAL RECORD — SENATE December 17, 2020 year are at least 120 percent of the normal the multiemployer plan as if each such com- tions 412 and 418E), a composite plan shall be cost for the plan year; ponent were maintained as a separate plan, treated as if it were a defined benefit plan ‘‘(5) which requires— and unless a different treatment is provided for ‘‘(A) an annual valuation of the liability of ‘‘(B) the assets of the composite plan com- under applicable law. the plan as of a date within the plan year to ponent and the defined benefit plan compo- ‘‘SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMP- which the valuation refers or within one nent of the plan shall be held in a single TIONS. month prior to the beginning of such year, trust forming part of the plan under which ‘‘(a) CERTIFICATION OF FUNDED RATIOS.— ‘‘(B) an annual actuarial determination of the trust instrument expressly provides— ‘‘(1) IN GENERAL.—Not later than the one- the plan’s current funded ratio and projected ‘‘(i) for separate accounts (and appropriate hundred twentieth day of each plan year of a funded ratio under section 438(a), records) to be maintained to reflect the in- composite plan, the plan actuary of the com- ‘‘(C) corrective action through a realign- terest which each of the plan components posite plan shall certify to the Secretary, ment program pursuant to section 439 when- has in the trust, including separate account- the Secretary of Labor, and the plan sponsor ever the plan’s projected funded ratio is ing for additions to the trust for the benefit the plan’s current funded ratio and projected below 120 percent for the plan year, and of each plan component, disbursements made funded ratio for the plan year. ‘‘(D) an annual notification to each partici- from each plan component’s account in the ‘‘(2) DETERMINATION OF CURRENT FUNDED pant describing benefits under the plan and trust, investment experience of the trust al- RATIO AND PROJECTED FUNDED RATIO.—For explaining that such benefits may be subject locable to that account, and administrative purposes of this section— to reduction under a realignment program expenses (whether direct expenses or shared ‘‘(A) CURRENT FUNDED RATIO.—The current pursuant to section 439 based on the plan’s expenses allocated proportionally), and per- funded ratio is the ratio (expressed as a per- funded status in future plan years; and mits, but does not require, the pooling of centage) of— ‘‘(6) the board of trustees of which includes some or all of the assets of the two plan com- ‘‘(i) the value of the plan’s assets as of the at least one retiree or beneficiary in pay sta- ponents for investment purposes, subject to first day of the plan year, to tus during each plan year following the first the judgment of the plan fiduciaries, and ‘‘(ii) the plan actuary’s calculation of the plan year in which at least 5 percent of the ‘‘(ii) that the assets of each of the two plan present value of the plan liabilities as of the participants in the plan are retirees or bene- components shall be held, invested, rein- first day of the plan year. ficiaries in pay status. vested, managed, administered and distrib- ‘‘(B) PROJECTED FUNDED RATIO.—The pro- ‘‘(b) TRANSITION FROM A MULTIEMPLOYER uted for the exclusive benefit of the partici- jected funded ratio is the funded ratio deter- DEFINED BENEFIT PLAN.— pants and beneficiaries of each such plan mined under subparagraph (A), projected as ‘‘(1) IN GENERAL.—The plan sponsor of a de- component, and in no event shall the assets of the first day of the fifteenth plan year fol- fined benefit plan that is a multiemployer of one of the plan components be available to lowing the plan year for which the deter- plan may, subject to paragraph (2), amend pay benefits due under the other plan compo- mination is being made. the plan to incorporate the features of a nent. ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE composite plan as a component of the multi- ‘‘(4) NOT A TERMINATION EVENT.—Notwith- INCREASES.—For purposes of projections employer plan separate from the defined ben- standing section 4041A of the Employee Re- under this subsection, the plan actuary may efit plan component, except in the case of a tirement Income Security Act of 1974, an anticipate contribution rate increases be- defined benefit plan for which the plan actu- amendment pursuant to paragraph (1) to in- yond the term of the current collective bar- ary has certified under section 432(b)(4) that corporate the features of a composite plan as gaining agreement and any agreed-to supple- the plan is or will be in endangered or crit- a component of a multiemployer plan does ments, if reasonable, not to exceed 2.5 per- ical status for the plan year in which such not constitute termination of the multiem- cent per year, compounded annually. amendment would become effective or in en- ployer plan. ‘‘(b) ACTUARIAL ASSUMPTIONS AND METH- dangered or critical status for any of the ‘‘(5) NOTICE TO THE SECRETARY OF LABOR.— ODS.—For purposes of this part— succeeding 5 plan years. ‘‘(A) NOTICE.—The plan sponsor of a com- ‘‘(1) IN GENERAL.—All costs, liabilities, ‘‘(2) REQUIREMENTS.—Any amendment pur- posite plan shall provide notice to the Sec- rates of interest, and other factors under the suant to paragraph (1) to incorporate the fea- retary of Labor of the intent to establish the plan shall be determined for a plan year on tures of a composite plan as a component of composite plan (or, in the case of a com- the basis of actuarial assumptions and meth- a multiemployer plan shall— posite plan incorporated as a component of a ods— ‘‘(A) apply with respect to all collective multiemployer plan as described in para- ‘‘(A) each of which is reasonable (taking bargaining agreements providing for con- graph (1), the intent to amend the multiem- into account the experience of the plan and tributions to the multiemployer plan on or ployer plan to incorporate such composite reasonable expectations), after the effective date of the amendment, plan) at least 30 days prior to the effective ‘‘(B) which, in combination, offer the actu- ‘‘(B) apply with respect to all participants date of such establishment or amendment. ary’s best estimate of anticipated experience in the multiemployer plan for whom con- ‘‘(B) CERTIFICATION.—In the case of a com- under the plan, and tributions are made to the multiemployer posite plan incorporated as a component of a ‘‘(C) with respect to which any change plan on or after the effective date of the multiemployer plan as described in para- from the actuarial assumptions and methods amendment, graph (1), such notice shall include a certifi- used in the previous plan year shall be cer- ‘‘(C) specify that the effective date of the cation by the plan actuary under section tified by the plan actuary and the actuarial amendment is— 432(b)(4) that the effective date of the amend- rationale for such change provided in the an- ‘‘(i) the first day of a specified plan year ment occurs in a plan year for which the nual report required by section 6058. following the date of the adoption of the multiemployer plan is not in endangered or ‘‘(2) FAIR MARKET VALUE OF ASSETS.—The amendment, except that the plan sponsor critical status for that plan year and any of value of the plan’s assets shall be taken into may alternatively provide for a separate ef- the succeeding 5 plan years. account on the basis of their fair market fective date with respect to each collective ‘‘(6) REFERENCES TO COMPOSITE PLAN COMPO- value. bargaining agreement under which contribu- NENT.—As used in this part, the term ‘com- ‘‘(3) DETERMINATION OF NORMAL COST AND tions to the multiemployer plan are re- posite plan’ includes a composite plan com- PLAN LIABILITIES.—A plan’s normal cost and quired, which shall occur on the first day of ponent added to a defined benefit plan pursu- liabilities shall be based on— the first plan year beginning after the termi- ant to paragraph (1). ‘‘(A) the most recent actuarial valuation nation, or if earlier, the re-opening, of each ‘‘(7) RULE OF CONSTRUCTION.—Paragraph required under section 437(a)(5)(A) and the such agreement, or such earlier date as the (2)(A) shall not be construed as preventing unit credit funding method; and parties to the agreement and the plan spon- the plan sponsor of a multiemployer plan ‘‘(B) rates of interest subject to section sor of the multiemployer plan shall agree to, from adopting an amendment pursuant to 431(b)(6). and paragraph (1) because some collective bar- ‘‘(4) TIME WHEN CERTAIN CONTRIBUTIONS ‘‘(ii) not later than the first day of the gaining agreements are amended to cease DEEMED MADE.—Any contributions for a plan fifth plan year beginning on or after the date any covered employer’s obligation to con- year made by an employer after the last day of the adoption of the amendment, tribute to the multiemployer plan before or of such plan year, but not later than 21⁄2 ‘‘(D) specify that, as of the amendment’s after the plan amendment is effective. Para- months after such day, shall be deemed to effective date, no further benefits shall ac- graph (2)(B) shall not be construed as pre- have been made on such last day. For pur- crue under the defined benefit component of venting the plan sponsor of a multiemployer poses of this paragraph, such 21⁄2-month pe- the multiemployer plan, and plan from adopting an amendment pursuant riod may be extended to a total of not more ‘‘(E) specify that, as of the amendment’s to paragraph (1) because some participants than 120 days under regulations prescribed effective date, the plan sponsor of the multi- cease to have contributions made to the mul- by the Secretary. employer plan shall be the plan sponsor of tiemployer plan on their behalf before or ‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— both the composite plan component and the after the plan amendment is effective. Except where otherwise provided in this defined benefit plan component of the plan. ‘‘(c) COORDINATION WITH FUNDING RULES.— ‘‘(3) SPECIAL RULES.—If a multiemployer Except as otherwise provided in this part, part, the provisions of section 432(b)(4)(B) plan is amended pursuant to paragraph (1)— sections 412, 431, and 432 shall not apply to a shall apply to any determination or projec- ‘‘(A) the requirements of this title shall be composite plan. tion under this part. applied to the composite plan component ‘‘(d) TREATMENT OF A COMPOSITE PLAN.— ‘‘SEC. 439. REALIGNMENT PROGRAM. and the defined benefit plan component of For purposes of this title (other than sec- ‘‘(a) REALIGNMENT PROGRAM.—

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‘‘(1) ADOPTION.—In any case in which the benefits, disability benefits not yet in pay necessary to achieve a projected funded ratio plan actuary certifies under section 438(a) status, and similar benefits, of 120 percent. that the plan’s projected funded ratio is ‘‘(B) any early retirement benefit or retire- ‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.— below 120 percent for the plan year, the plan ment-type subsidy (within the meaning of ‘‘(A) IN GENERAL.—No modifications may sponsor shall adopt a realignment program section 411(d)(6)(B)(i)) (including early reduc- be made that reduce the rate of future ben- under paragraph (2) not later than 210 days tion factors which are not provided on an ac- efit accrual or that reduce core benefits or after the due date of the certification re- tuarially equivalent basis) and any benefit adjustable benefits unless notice of such re- quired under section 438(a). The plan sponsor payment option (other than the qualified duction has been given at least 180 days be- shall adopt an updated realignment program joint and survivor annuity), fore the general effective date of such reduc- for each succeeding plan year for which a ‘‘(C) benefit increases which were adopted tion for all participants and beneficiaries certification described in the preceding sen- (or, if later, took effect) less than 120 months to— tence is made. before the first day of the first plan year in ‘‘(i) plan participants and beneficiaries, ‘‘(2) CONTENT OF REALIGNMENT PROGRAM.— which such realignment program took effect, ‘‘(ii) each employer who has an obligation ‘‘(A) IN GENERAL.—A realignment program ‘‘(D) any one-time bonus payment or ‘thir- to contribute to the composite plan, and adopted under this paragraph is a written teenth check’ provision, and ‘‘(iii) each employee organization which, program which consists of reasonable meas- ‘‘(E) benefits granted for period of service for purposes of collective bargaining, rep- ures, including options or a range of options prior to participation in the plan. resents plan participants employed by such to be undertaken by the plan sponsor or pro- ‘‘(4) CORE BENEFIT DEFINED.—For purposes employers. posed to the bargaining parties, formulated, of this part, the term ‘core benefit’ means a ‘‘(B) CONTENT OF NOTICE.—The notice under based on reasonably anticipated experience participant’s accrued benefit payable in the subparagraph (A) shall contain— and reasonable actuarial assumptions, to en- normal form of an annuity commencing at ‘‘(i) sufficient information to enable par- able the plan to achieve a projected funded normal retirement age, determined without ticipants and beneficiaries to understand the ratio of at least 120 percent for the following regard to— effect of any reduction on their benefits, in- plan year. ‘‘(A) any early retirement benefits, retire- cluding an illustration of any affected ben- ‘‘(B) INITIAL PROGRAM ELEMENTS.—Reason- ment-type subsidies, or other benefits, efit or subsidy, on an annual or monthly able measures under a realignment program rights, or features that may be associated basis that a participant or beneficiary would described in subparagraph (A) may include with that benefit, and otherwise have been eligible for as of the any of the following: ‘‘(B) any cost-of-living adjustments or ben- general effective date described in subpara- ‘‘(i) Proposed contribution increases. efit increases effective after the date of re- graph (A), and ‘‘(ii) A reduction in the rate of future ben- tirement. ‘‘(ii) information as to the rights and rem- efit accruals, so long as the resulting rate edies of plan participants and beneficiaries ‘‘(5) COORDINATION WITH CONTRIBUTION IN- shall not be less than 1 percent of the con- as well as how to contact the Department of CREASES.— tributions on which benefits are based as of the Treasury for further information and as- ‘‘(A) IN GENERAL.—A realignment program the start of the plan year (or the equivalent may provide that some or all of the benefit sistance, where appropriate. standard accrual rate as described in section modifications described in the program will ‘‘(C) FORM AND MANNER.—Any notice under 432(f)(6)). only take effect if the bargaining parties fail subparagraph (A)— ‘‘(iii) A modification or elimination of ad- to agree to specified levels of increases in ‘‘(i) shall be provided in a form and manner justable benefits of participants that are not contributions to the plan, effective as of prescribed in regulations of the Secretary, in pay status before the date of the notice re- specified dates. ‘‘(ii) shall be written in a manner so as to quired under subsection (b)(1). be understood by the average plan partici- ‘‘(B) INDEPENDENT BENEFIT MODIFICA- ‘‘(iv) Any other legally available measures pant. TIONS.—If a realignment program adopts any not specifically described in this subpara- changes to the benefit formula that are inde- ‘‘(3) MODEL NOTICES.—The Secretary shall— graph or subparagraph (C) or (D) that the pendent of potential contribution increases, ‘‘(A) prescribe model notices that the plan plan sponsor determines are reasonable. such changes shall take effect not later than sponsor of a composite plan may use to sat- ‘‘(C) ADDITIONAL PROGRAM ELEMENTS.—If 180 days following the first day of the first isfy the notice requirements under this sub- the plan sponsor has determined that all rea- section, and sonable measures available under subpara- plan year that begins following the adoption of the realignment program. ‘‘(B) by regulation enumerate any details graph (B) will not enable the plan to achieve related to the elements listed in paragraph ‘‘(C) CONDITIONAL BENEFIT MODIFICATIONS.— a projected funded ratio of at least 120 per- (1) that any notice under this subsection cent the following plan year, such realign- If a realignment program adopts any changes to the benefit formula that take effect only must include. ment program may also include— ‘‘(4) DELIVERY METHOD.—Any notice under ‘‘(i) a reduction of accrued benefits that if the bargaining parties fail to agree to con- tribution increases, such changes shall take this part shall be provided in writing and are not in pay status by the date of the no- may be provided in electronic form to the ex- tice required under subsection (b)(1), or effect not later than the first day of the first plan year beginning after the third anniver- tent that the form is reasonably accessible ‘‘(ii) a reduction of any benefits of partici- to persons to whom the notice is provided. pants that are in pay status before the date sary of the date of adoption of the realign- ment program. ‘‘SEC. 440. LIMITATION ON INCREASING BENE- of the notice required under subsection (b)(1) FITS. ‘‘(D) REVOCATION OF CERTAIN BENEFIT MODI- other than core benefits as defined in para- ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.— FICATIONS.—Benefit modifications described graph (4). Except as provided in subsections (c), (d), in paragraph (3) may be revoked, in whole or ‘‘(D) ADDITIONAL REDUCTIONS.—In the case and (e), no plan amendment increasing bene- of a composite plan for which the plan spon- in part, and retroactively or prospectively, fits or establishing new benefits under a sor has determined that all reasonable meas- when contributions to the plan are in- composite plan may be adopted for a plan ures available under subparagraphs (B) and creased, as specified in the realignment pro- year unless— (C) will not enable the plan to achieve a pro- gram, including any amendments thereto. ‘‘(1) the plan’s current funded ratio is at jected funded ratio of at least 120 percent for The preceding sentence shall not apply un- least 110 percent (without regard to the ben- the following plan year, the realignment pro- less the contribution increases are to be ef- efit increase or new benefits), gram may also include— fective not later than the fifth anniversary ‘‘(2) taking the benefit increase or new ben- ‘‘(i) a further reduction in the rate of fu- of the first day of the first plan year that be- efits into account, the current funded ratio ture benefit accruals without regard to the gins after the adoption of the realignment is at least 100 percent and the projected fund- limitation applicable under subparagraph program. ed ratio for the current plan year is at least (B)(ii), or ‘‘(b) NOTICE.— 120 percent, ‘‘(ii) a reduction of core benefits, ‘‘(1) IN GENERAL.—In any case in which it is ‘‘(3) in any case in which, after taking the provided that such reductions shall be equi- certified under section 438(a) that the pro- benefit increase or new benefits into ac- tably distributed across the participant and jected funded ratio is less than 120 percent, count, the current funded ratio is less than beneficiary population, taking into account the plan sponsor shall, not later than 30 days 140 percent or the projected funded ratio is factors, with respect to participants and after the date of the certification, provide less than 140 percent, the benefit increase or beneficiaries and their benefits, that may in- notification of the current and projected new benefits are projected by the plan actu- clude one or more of the factors listed in funded ratios to the participants and bene- ary to increase the present value of the subclauses (I) through (X) of section ficiaries, the bargaining parties, the Sec- plan’s liabilities for the plan year by not 432(f)(9)(D)(vi), to the extent necessary to en- retary of Labor, and the Secretary. Such no- more than 3 percent, and able the plan to achieve a projected funded tice shall include— ‘‘(4) expected contributions for the current ratio of at least 120 percent for the following ‘‘(A) an explanation that contribution rate plan year are at least 120 percent of normal plan year. increases or benefit reductions may be nec- cost for the plan year, determined using the ‘‘(3) ADJUSTABLE BENEFIT DEFINED.—For essary, unit credit funding method and treating the purposes of this part, the term ‘adjustable ‘‘(B) a description of the types of benefits benefit increase or new benefits as in effect benefit’ means— that might be reduced, and for the entire plan year. ‘‘(A) benefits, rights, and features under ‘‘(C) an estimate of the contribution in- ‘‘(b) ADDITIONAL REQUIREMENTS WHERE the plan, including post-retirement death creases and benefit reductions that may be CORE BENEFITS REDUCED.—If a plan has been

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7628 CONGRESSIONAL RECORD — SENATE December 17, 2020 amended to reduce core benefits pursuant to the same meaning provided such term in accrued before the date on which notice is a realignment program under section such section. provided under paragraph (3). 439(a)(2)(D), such plan may not be subse- ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COM- ‘‘(d) TRANSITION CONTRIBUTION REQUIRE- quently amended to increase core benefits POSITE PLAN OF AGREEMENTS AND CONTRIBU- MENTS.— unless the amendment— TIONS.— ‘‘(1) IN GENERAL.—A collective bargaining ‘‘(1) increases the level of future benefit ‘‘(1) IN GENERAL.—The plan sponsor of a agreement satisfies the transition contribu- payments only, and composite plan shall not accept or recognize tion requirements of this subsection if the ‘‘(2) provides for an equitable distribution a collective bargaining agreement (or any agreement— of benefit increases across the participant modification to such agreement), and no con- ‘‘(A) authorizes for payment of contribu- and beneficiary population, taking into ac- tributions may be accepted and no benefits tions to a legacy plan at a rate, or multiple count the extent to which the benefits of may be accrued or otherwise earned under rates, as described in paragraph (2)(B), equal participants were previously reduced pursu- the agreement— to or greater than the transition contribu- ant to such realignment program. ‘‘(A) in any case in which the plan actuary tion rate established under paragraph (2), ‘‘(c) EXCEPTION TO COMPLY WITH APPLICA- of any defined benefit plan that would be and BLE LAW.—Subsection (a) shall not apply in treated as a legacy plan with respect to such ‘‘(B) does not provide for— connection with a plan amendment if the composite plan has certified under section ‘‘(i) a suspension of contributions to the amendment is required as a condition of 432(b)(4) that such defined benefit plan is or legacy plan with respect to any period of qualification under part I of subchapter D of will be in endangered or critical status for service, or chapter 1 or to comply with other applicable the plan year in which such agreement would ‘‘(ii) any new direct or indirect exclusion of law. take effect or for any of the succeeding 5 younger or newly hired employees of the em- ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCT- plan years, and ployer from being taken into account in de- IBLE LIMIT APPLIES.—Subsection (a) shall not ‘‘(B) unless the agreement requires each termining contributions owed to the legacy apply in connection with a plan amendment employer who is a party to such agreement, plan. if and to the extent that contributions to the including employers whose employees are ‘‘(2) TRANSITION CONTRIBUTION RATE.— composite plan would not be deductible for not participants in the legacy plan, to pro- ‘‘(A) IN GENERAL.—The transition contribu- the plan year under section 404(a)(1)(E) if the vide contributions to the legacy plan with tion rate for a plan year is the contribution plan amendment is not adopted. The Sec- respect to such composite plan in a manner rate that, as certified by the actuary of the retary of the Treasury shall issue regula- that satisfies the transition contribution re- legacy plan in accordance with the principles tions to implement this paragraph. quirements of subsection (d). in section 432(b)(4)(B), is reasonably expected ‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODI- ‘‘(2) NOTICE.—Not later than 30 days after a to be adequate— FICATIONS.—Subsection (a) shall not apply in determination by a plan sponsor of a com- ‘‘(i) to fund the normal cost for the plan connection with a plan amendment under posite plan that an agreement fails to satisfy year, section 439(a)(5)(C), regarding conditional the requirements described in paragraph (1), ‘‘(ii) to amortize the plan’s unfunded liabil- benefit modifications. the plan sponsor shall provide notification of ities in level annual installments over 25 ‘‘(f) TREATMENT OF PLAN AMENDMENTS.— such failure and the reasons for such deter- years, beginning with the plan year in which For purposes of this section— mination to— the transition contribution rate is first es- ‘‘(1) if two or more plan amendments in- ‘‘(A) the parties to the agreement, tablished, and creasing benefits or establishing new bene- ‘‘(B) active participants of the composite ‘‘(iii) to amortize any subsequent changes fits are adopted in a plan year, such amend- plan who have ceased to accrue or otherwise in the legacy plan’s unfunded liability due to ments shall be treated as a single amend- earn benefits with respect to service with an experience gains or losses (including invest- ment adopted on the last day of the plan employer pursuant to paragraph (1), and ment gains or losses, gains or losses due to year, ‘‘(C) the Secretary of Labor, the Secretary contributions greater or less than the con- ‘‘(2) all benefit increases and new benefits of the Treasury, and the Pension Benefit tributions made under the prior transition adopted in a single amendment are treated Guaranty Corporation. contribution rate, and other actuarial gains as a single benefit increase, irrespective of ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— or losses), changes in actuarial assumptions, whether the increases and new benefits take This subsection shall not apply to benefits changes to the legacy plan’s benefits, or effect in more than one plan year, and accrued before the date on which notice is changes in funding method over a period of ‘‘(3) increases in contributions or decreases provided under paragraph (2). 15 plan years beginning with the plan year in plan liabilities which are scheduled to ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS following the plan year in which such change take effect in future plan years may be UNDER A COMPOSITE PLAN.— in unfunded liability is incurred, unless oth- taken into account in connection with a plan ‘‘(1) IN GENERAL.—In any case in which an erwise prescribed. amendment if they have been agreed to in employer, under a collective bargaining The transition contribution rate for any plan writing or otherwise formalized by the date agreement entered into after the date of en- year may not be less than the transition con- the plan amendment is adopted. actment of the Chris Allen Multiemployer tribution rate for the plan year in which ‘‘SEC. 440A. COMPOSITE PLAN RESTRICTIONS TO Pension Recapitalization and Reform Act of such rate is first established. PRESERVE LEGACY PLAN FUNDING. 2020, ceases to have an obligation to con- ‘‘(B) MULTIPLE RATES.—If different rates of ‘‘(a) TREATMENT AS A LEGACY PLAN.— tribute to a multiemployer defined benefit contribution are payable to the legacy plan ‘‘(1) IN GENERAL.—For purposes of this sub- plan, no employees employed by the em- by different employers or for different class- chapter, a defined benefit plan shall be treat- ployer may accrue or otherwise earn benefits es of employees, the certification by the ac- ed as a legacy plan with respect to the com- under any composite plan, with respect to tuary of the legacy plan shall specify a tran- posite plan under which employees who were service with that employer, for a 60-month sition contribution rate for each such em- eligible to accrue a benefit under the defined period beginning on the date on which the ployer or class of employees. benefit plan become eligible to accrue a ben- employer entered into such collective bar- ‘‘(C) RATE APPLICABLE TO EMPLOYER.— efit under such composite plan. gaining agreement. ‘‘(i) IN GENERAL.—Except as provided by ‘‘(2) COMPONENT PLANS.—In any case in ‘‘(2) NOTICE OF CESSATION OF OBLIGATION.— clause (ii), the transition contribution rate which a defined benefit plan is amended to Within 30 days of determining that an em- applicable to an employer for a plan year is add a composite plan component pursuant to ployer has ceased to have an obligation to the rate in effect for the plan year of the leg- section 437(b), paragraph (1) shall be applied contribute to a legacy plan with respect to acy plan that commences on or after 180 days by substituting ‘defined benefit component’ employees employed by an employer that is before the earlier of— for ‘defined benefit plan’ and ‘composite plan or will be contributing to a composite plan ‘‘(I) the effective date of the collective bar- component’ for ‘composite plan’. with respect to service of such employees, gaining agreement pursuant to which the ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For the plan sponsor of the legacy plan shall no- employer contributes to the legacy plan, or purposes of paragraph (1), an employee is tify the plan sponsor of the composite plan ‘‘(II) 5 years after the last plan year for considered eligible to accrue a benefit under of that cessation. which the transition contribution rate appli- a composite plan as of the first day in which ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.— cable to the employer was established or up- the employee completes an hour of service Not later than 30 days after determining dated. under a collective bargaining agreement that an employer has ceased to have an obli- ‘‘(ii) EXCEPTION.—The transition contribu- that provides for contributions to and accru- gation to contribute to a legacy plan, the tion rate applicable to an employer for the als under the composite plan in lieu of accru- plan sponsor of the composite plan shall no- first plan year beginning on or after the als under the defined benefit plan. tify the bargaining parties, the active par- commencement of the employer’s obligation ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.— ticipants affected by the cessation of accru- to contribute to the composite plan is the As used in this part, the term ‘collective bar- als, the Secretary, the Secretary of Labor, rate in effect for the plan year of the legacy gaining agreement’ includes any agreement and the Pension Benefit Guaranty Corpora- plan that commences on or after 180 days be- under which an employer has an obligation tion of the cessation of accruals, the period fore such first plan year. to contribute to a plan. during which such cessation is in effect, and ‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL CIR- ‘‘(5) OTHER TERMS.—Any term used in this the reasons therefor. CUMSTANCES.—If the plan actuary of the leg- part which is not defined in this part and ‘‘(4) LIMITATION ON RETROACTIVE EFFECT.— acy plan has certified under section 432 that which is also used in section 432 shall have This subsection shall not apply to benefits the plan is in endangered or critical status

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for a plan year, the transition contribution ‘‘(1) IN GENERAL.—The provisions of sub- (1) TREATMENT FOR PURPOSES OF FUNDING rate for the following plan year is the rate sections (a), (b), and (c) shall not apply with NOTICES.—Section 101(f) of the Employee Re- determined with respect to the employer respect to a collective bargaining agreement, tirement Income Security Act of 1974 (29 under the legacy plan’s funding improvement to the extent the agreement, or a prede- U.S.C. 1021(f)), as amended by this Act, is or rehabilitation plan under section 432, if cessor agreement, provides or provided for further amended— greater than the rate otherwise determined, contributions to a defined benefit plan that (A) in paragraph (1) by striking ‘‘title IV but in no event shall the transition contribu- is a legacy plan, as of the first day of the applies’’ and inserting ‘‘title IV applies or tion rate be greater than 75 percent of the first plan year following a plan year for which is a composite plan’’; and sum of the contribution rates applicable to which the plan actuary certifies that the (B) by adding at the end the following: the legacy plan and the composite plan for plan is fully funded, has been fully funded for ‘‘(5) APPLICATION TO COMPOSITE PLANS.— the plan year. Notwithstanding the pre- at least three out of the immediately pre- The provisions of this subsection shall apply ceding sentence, if the transition contribu- ceding 5 plan years, and is projected to re- to a composite plan only to the extent pre- tion rate in the prior year is more than 75 main fully funded for at least the following scribed by the Secretary in regulations that percent of the sum of the contribution rates 4 plan years. take into account the differences between a applicable to the legacy plan and the com- ‘‘(2) DETERMINATION OF FULLY FUNDED.—A composite plan and a defined benefit plan posite plan for the prior plan year, the tran- plan is fully funded for purposes of paragraph that is a multiemployer plan.’’. sition contribution rate applicable to the (1) if, as of the valuation date of the plan for (2) TREATMENT FOR PURPOSES OF ANNUAL legacy plan shall not be subject to the 75-per- a plan year, the value of the plan’s assets REPORT.—Section 103 of the Employee Re- cent limitation, but shall be neither in- equals or exceeds the present value of the tirement Income Security Act of 1974 (29 creased nor reduced as a percentage of the plan’s liabilities, determined in accordance U.S.C. 1023) is amended— sum of the contribution rates applicable to with the rules prescribed by the Pension (A) in subsection (d) by adding at the end the legacy plan and the composite plan for Benefit Guaranty Corporation under sections the following sentence: ‘‘The provisions of the plan year. 4219(c)(1)(D) and 4281 of Employee Retire- this subsection shall apply to a composite ‘‘(E) OTHER ACTUARIAL ASSUMPTIONS AND ment Income and Security Act for multiem- plan only to the extent prescribed by the METHODS.—Except as provided in subpara- ployer plans terminating by mass with- Secretary in regulations that take into ac- graph (A), the determination of the transi- drawal, as in effect for the date of the deter- count the differences between a composite tion contribution rate for a plan year shall mination, except the plan’s reasonable as- plan and a defined benefit plan that is a mul- be based on actuarial assumptions and meth- sumption regarding the starting date of ben- tiemployer plan.’’; ods consistent with the minimum funding efits may be used. (B) in subsection (f) by adding at the end determinations made under section 431 (or, if ‘‘(3) OTHER APPLICABLE RULES.—Except as the following: provided in paragraph (2), actuarial deter- applicable, section 432) with respect to the ‘‘(3) ADDITIONAL INFORMATION FOR COM- minations and projections under this section legacy plan for the plan year. POSITE PLANS.—With respect to any com- shall be based on the rules in section 438(b). ‘‘(F) ADJUSTMENTS IN RATE.—The plan posite plan— sponsor of a legacy plan from time to time ‘‘SEC. 440B. MERGERS AND ASSET TRANSFERS OF ‘‘(A) the provisions of paragraph (1)(A) may adjust the transition contribution rate COMPOSITE PLANS. shall apply by substituting ‘current funded ‘‘(a) IN GENERAL.—Assets and liabilities of or rates applicable to an employer under this ratio and projected funded ratio (as such a composite plan may only be merged with, paragraph by increasing some rates and de- terms are defined in section 802(a)(2))’ for or transferred to, another plan if— creasing others if the actuary certifies that ‘funded percentage’ each place it appears; ‘‘(1) the other plan is a composite plan, such adjusted rates in combination will ‘‘(2) the plan or plans resulting from the and produce projected contribution income for merger or transfer is a composite plan, ‘‘(B) the provisions of paragraph (2) shall the plan year beginning on or after the date ‘‘(3) no participant’s accrued benefit or ad- apply only to the extent prescribed by the of certification that is not less than would be justable benefit is lower immediately after Secretary in regulations that take into ac- produced by the transition contribution the transaction than it was immediately be- count the differences between a composite rates in effect at the time of the certifi- fore the transaction, and plan and a defined benefit plan that is a mul- cation. ‘‘(4) the value of the assets transferred in tiemployer plan.’’; and ‘‘(G) NOTICE OF TRANSITION CONTRIBUTION the case of a transfer reasonably reflects the (C) by adding at the end the following: RATE.—The plan sponsor of a legacy plan value of the amounts contributed with re- ‘‘(h) COMPOSITE PLANS.—A multiemployer shall provide notice to the parties to collec- spect to the participants whose benefits are plan that incorporates the features of a com- tive bargaining agreements pursuant to being transferred, adjusted for allocable dis- posite plan as provided in section 801(b) shall which contributions are made to the legacy tributions, investment gains and losses, and be treated as a single plan for purposes of the plan of changes to the transition contribu- administrative expenses. report required by this section, except that tion rate requirements at least 30 days be- A plan which is not a composite plan may separate financial statements and actuarial fore the beginning of the plan year for which not merge with or transfer assets and liabil- statements shall be provided under para- the rate is effective. ities to a composite plan. graphs (3) and (4) of subsection (a) for the de- ‘‘(H) NOTICE TO COMPOSITE PLAN SPONSOR.— ‘‘(b) LEGACY PLAN.— fined benefit plan component and for the Not later than 30 days after a determination ‘‘(1) IN GENERAL.—After a merger or trans- composite plan component of the multiem- by the plan sponsor of a legacy plan that a fer involving a composite plan, the legacy ployer plan.’’. collective bargaining agreement provides for plan with respect to an employer that is ob- (3) TREATMENT FOR PURPOSES OF PENSION a rate of contributions that is below the ligated to contribute to the resulting com- BENEFIT STATEMENTS.—Section 105(a) of the transition contribution rate applicable to posite plan is the legacy plan that applied to Employee Retirement Income Security Act one or more employers that are parties to that employer immediately before the merg- of 1974 (29 U.S.C. 1025(a)) is amended by add- the collective bargaining agreement, the er or transfer. ing at the end the following: plan sponsor of the legacy plan shall notify ‘‘(2) MULTIPLE LEGACY PLANS.—If an em- ‘‘(4) COMPOSITE PLANS.—For purposes of the plan sponsor of any composite plan under ployer is obligated to contribute to more this subsection, a composite plan shall be which employees of such employer would than one legacy plan with respect to employ- treated as a defined benefit plan to the ex- otherwise be eligible to accrue a benefit. ees eligible to accrue benefits under more tent prescribed by the Secretary in regula- ‘‘(3) CORRECTION PROCEDURES.—Pursuant to than one composite plan and there is a merg- tions that take into account the differences standards prescribed by the Secretary of er or transfer of such legacy plans, the tran- between a composite plan and a defined ben- Labor, the plan sponsor of a composite plan sition contribution rate applicable to the efit plan that is a multiemployer plan.’’. shall adopt rules and procedures that give legacy plan resulting from the merger or (b) AMENDMENTS TO THE INTERNAL REVENUE the parties to the collective bargaining transfer with respect to that employer shall CODE OF 1986.—Section 6058 of the Internal agreement notice of the failure of such be determined in accordance with the provi- Revenue Code of 1986 is amended by redesig- agreement to satisfy the transition contribu- sions of section 440A(d)(2)(B).’’. nating subsection (f) as subsection (g) and by tion requirements of this subsection, and a (2) CLERICAL AMENDMENT.—The table of inserting after subsection (e) the following: reasonable opportunity to correct such fail- parts for subchapter D of chapter 1 of the In- ‘‘(f) COMPOSITE PLANS.—A multiemployer ure, not to exceed 180 days from the date of ternal Revenue Code of 1986 is amended by plan that incorporates the features of a com- notice given under subsection (b)(2). adding at the end the following new item: posite plan as provided in section 437(b) shall ‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A col- ‘‘PART IV—COMPOSITE PLANS AND LEGACY be treated as a single plan for purposes of the lective bargaining agreement may provide PLANS’’. return required by this section, except that for supplemental contributions to the legacy (c) EFFECTIVE DATE.—The amendments separate financial statements shall be pro- plan for a plan year in excess of the transi- made by this section shall apply to plan vided for the defined benefit plan component tion contribution rate determined under years beginning after the date of the enact- and for the composite plan component of the paragraph (2), regardless of whether the leg- ment of this Act. multiemployer plan.’’. acy plan is in endangered or critical status SEC. 502. APPLICATION OF CERTAIN REQUIRE- (c) EFFECTIVE DATE.—The amendments for such plan year. MENTS TO COMPOSITE PLANS. made by this section shall apply to plan ‘‘(e) NONAPPLICATION OF COMPOSITE PLAN (a) AMENDMENTS TO THE EMPLOYEE RETIRE- years beginning after the date of the enact- RESTRICTIONS.— MENT INCOME SECURITY ACT OF 1974.— ment of this Act.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7630 CONGRESSIONAL RECORD — SENATE December 17, 2020 SEC. 503. TREATMENT OF COMPOSITE PLANS come Security Act of 1974 (29 U.S.C. 1392) is enue Code of 1986, as amended by this Act, is UNDER TITLE IV. amended by adding at the end the following: amended by adding at the end the following: (a) DEFINITION.—Section 4001(a) of the Em- ‘‘(d) NO OBLIGATION TO CONTRIBUTE.—An ‘‘(10) SPECIAL FUNDING RULE FOR CERTAIN ployee Retirement Income Security Act of employer shall not be treated as having an LEGACY PLANS.—In the case of a multiem- 1974 (29 U.S.C. 1301(a)) is amended by striking obligation to contribute to a multiemployer ployer defined benefit plan that has adopted the period at the end of paragraph (21) and defined benefit plan within the meaning of an amendment under section 437(b), in ac- inserting a semicolon and by adding at the subsection (a) solely because— cordance with which no further benefits end the following: ‘‘(1) in the case of a multiemployer plan shall accrue under the multiemployer de- ‘‘(22) COMPOSITE PLAN.—The term ‘com- that includes a composite plan component, fined benefit plan, the plan sponsor may posite plan’ has the meaning set forth in sec- the employer has an obligation to contribute combine the outstanding balance of all tion 801.’’. to the composite plan component of the plan; charge and credit bases and amortize that (b) COMPOSITE PLANS DISREGARDED FOR ‘‘(2) the employer has an obligation to con- combined base in level annual installments CALCULATING PREMIUMS.—Section 4006(a) of tribute to a composite plan that is main- (until fully amortized) over a period of 25 the Employee Retirement Income Security tained pursuant to one or more collective plan years beginning with the plan year fol- Act of 1974 (29 U.S.C. 1306(a)) is amended by bargaining agreements under which the mul- lowing the date on which all benefit accruals adding at the end the following: tiemployer defined benefit plan is or pre- ceased, but only if the plan is not in endan- ‘‘(9) The composite plan component of a viously was maintained; or gered or critical status under section 432.’’. multiemployer plan shall be disregarded in ‘‘(3) the employer contributes or has con- (c) BENEFITS AFTER MERGER, CONSOLIDA- determining the premiums due under this tributed under section 805(d) to a legacy plan TION, OR TRANSFER OF ASSETS.— section from the multiemployer plan.’’. associated with a composite plan pursuant to (1) AMENDMENT TO EMPLOYEE RETIREMENT (c) COMPOSITE PLANS NOT COVERED.—Sec- a collective bargaining agreement but em- INCOME SECURITY ACT OF 1974.—Section 208 of tion 4021(b)(1) of the Employee Retirement ployees of that employer were not eligible to the Employee Retirement Income Security Income Security Act of 1974 (29 U.S.C. accrue benefits under the legacy plan with Act of 1974 (29 U.S.C. 1058) is amended— 1321(b)(1)) is amended by striking ‘‘Act’’ and respect to service with that employer.’’. (A) by striking so much of the first sen- inserting ‘‘Act, or a composite plan, as de- (h) NO INFERENCE.—Nothing in the amend- tence as precedes ‘‘may not merge’’ and in- fined in paragraph (43) of section 3 of this ment made by subsection (e) shall be con- serting the following: Act’’. strued to create an inference with respect to ‘‘(1) IN GENERAL.—Except as provided in (d) NO WITHDRAWAL LIABILITY.—Section the treatment under title IV of the Em- paragraph (2), a pension plan may not merge, 4201 of the Employee Retirement Income Se- ployee Retirement Income Security Act of and’’; and curity Act of 1974 (29 U.S.C. 1381) is amended 1974, as in effect before such amendment, of (B) by striking the second sentence and by adding at the end the following: contributions by an employer to a multiem- adding at the end the following: ‘‘(c) Contributions by an employer to the ployer plan described in the except clause of ‘‘(2) SPECIAL REQUIREMENTS FOR MULTIEM- composite plan component of a multiem- section 3(35) of such Act that are made be- PLOYER PLANS.—Paragraph (1) shall not ployer plan shall not be taken into account fore the effective date of subsection (e) speci- apply to any transaction to the extent that for any purpose under this title.’’. fied in subsection (h)(2). participants either before or after the trans- (e) NO WITHDRAWAL LIABILITY FOR CERTAIN (i) EFFECTIVE DATE.— action are covered under a multiemployer PLANS.—Section 4201 of the Employee Re- (1) IN GENERAL.—Except as provided in sub- plan to which title IV of this Act applies or tirement Income Security Act of 1974 (29 paragraph (2), the amendments made by this a composite plan.’’. U.S.C. 1381) is further amended by adding at section shall apply to plan years beginning (2) AMENDMENTS TO INTERNAL REVENUE the end the following: after the date of the enactment of this Act. CODE OF 1986.— ‘‘(d) Contributions by an employer to a (2) SPECIAL RULE FOR SECTION 414(k) MULTI- (A) QUALIFICATION REQUIREMENT.—Section multiemployer plan described in the except EMPLOYER PLANS.—The amendment made by 401(a)(12) of the Internal Revenue Code of clause of section 3(35) of this Act pursuant to subsection (e) shall apply only to required 1986 is amended— a collective bargaining agreement that spe- contributions payable for plan years begin- (i) by striking ‘‘(12) A trust’’ and inserting cifically designates that such contributions ning after the date of the enactment of this shall be allocated to the separate defined the following: Act. contribution accounts of participants under ‘‘(12) BENEFITS AFTER MERGER, CONSOLIDA- the plan shall not be taken into account SEC. 504. CONFORMING CHANGES. TION, OR TRANSFER OF ASSETS.— with respect to the defined benefit portion of (a) DEFINITIONS.— ‘‘(A) IN GENERAL.—Except as provided in the plan for any purpose under this title (in- (1) AMENDMENT TO EMPLOYEE RETIREMENT subparagraph (B), a trust’’; cluding the determination of the employer’s INCOME SECURITY ACT OF 1974.—Section 3 of (ii) by striking the second sentence; and highest contribution rate under section 4219), the Employee Retirement Income Security (iii) by adding at the end the following: even if, under the terms of the plan, partici- Act of 1974 (29 U.S.C. 1002) is amended— ‘‘(B) SPECIAL REQUIREMENTS FOR MULTIEM- pants have the option to transfer assets in (A) in paragraph (35), by inserting ‘‘or a PLOYER PLANS.—Subparagraph (A) shall not their separate defined contribution accounts composite plan’’ after ‘‘other than an indi- apply to any multiemployer plan with re- to the defined benefit portion of the plan in vidual account plan’’; and spect to any transaction to the extent that return for service credit under the defined (B) by adding at the end the following: participants either before or after the trans- benefit portion, at rates established by the ‘‘(43) The term ‘composite plan’ has the action are covered under a multiemployer plan sponsor. meaning given the term in section 801(a).’’. plan to which title IV of the Employee Re- ‘‘(e) A legacy plan created under section (2) AMENDMENT TO INTERNAL REVENUE CODE tirement Income Security Act of 1974 applies 805 shall be deemed to have no unfunded OF 1986.—Section 414(j) of the Internal Rev- or a composite plan.’’. vested benefits for purposes of this part, for enue Code of 1986 is amended by inserting ‘‘, (B) ADDITIONAL QUALIFICATION REQUIRE- each plan year following a period of 5 con- other than a composite plan (as defined in MENT.—Paragraph (1) of section 414(l) of such secutive plan years for which— section 437(a)),’’ after ‘‘any plan’’. Code is amended— ‘‘(1) the plan was fully funded within the (b) SPECIAL FUNDING RULE FOR CERTAIN (i) by striking ‘‘(1) IN GENERAL’’ and all meaning of section 805 for at least 3 of the LEGACY PLANS.— that follows through ‘‘shall not constitute’’ plan years during that period, ending with a (1) AMENDMENT TO EMPLOYEE RETIREMENT and inserting the following: plan year for which the plan is fully funded; INCOME SECURITY ACT OF 1974.—Section 304(b) ‘‘(1) BENEFIT PROTECTIONS: MERGER, CON- ‘‘(2) the plan had no unfunded vested bene- of the Employee Retirement Income Secu- SOLIDATION, TRANSFER.— fits for at least 3 of the plan years during rity Act of 1974 (29 U.S.C. 1084(b)), as amend- ‘‘(A) IN GENERAL.—Except as provided in that period, ending with a plan year for ed by this Act, is amended by adding at the subparagraph (B), a trust which forms a part which the plan is fully funded; and end the following: of a plan shall not constitute’’; and ‘‘(3) the plan is projected to be fully funded ‘‘(10) SPECIAL FUNDING RULE FOR CERTAIN (ii) by striking the second sentence; and and to have no unfunded vested benefits for LEGACY PLANS.—In the case of a multiem- (iii) by adding at the end the following: the following four plan years.’’. ployer defined benefit plan that has adopted ‘‘(B) SPECIAL REQUIREMENTS FOR MULTIEM- (f) NO WITHDRAWAL LIABILITY FOR EMPLOY- an amendment under section 801(b), in ac- PLOYER PLANS.—Subparagraph (A) does not ERS CONTRIBUTING TO CERTAIN FULLY FUNDED cordance with which no further benefits apply to any multiemployer plan with re- LEGACY PLANS.—Section 4211 of the Em- shall accrue under the multiemployer de- spect to any transaction to the extent that ployee Retirement Income Security Act of fined benefit plan, the plan sponsor may participants either before or after the trans- 1974 (29 U.S.C. 1382) is amended by adding at combine the outstanding balance of all action are covered under a multiemployer the end the following: charge and credit bases and amortize that plan to which title IV of the Employee Re- ‘‘(g) LEGACY PLANS.—No amount of un- combined base in level annual installments tirement Income Security Act of 1974 applies funded vested benefits shall be allocated to (until fully amortized) over a period of 25 or a composite plan.’’. an employer that has an obligation to con- plan years beginning with the plan year fol- (d) REQUIREMENTS FOR STATUS AS A QUALI- tribute to a legacy plan described in sub- lowing the date all benefit accruals ceased, FIED PLAN.— section (e) of section 4201 for each plan year but only if the plan is not in endangered or (1) REQUIREMENT THAT ACTUARIAL ASSUMP- for which such subsection applies.’’. critical status under section 305.’’. TIONS BE SPECIFIED.—Section 401(a)(25) of the (g) NO OBLIGATION TO CONTRIBUTE.—Sec- (2) AMENDMENT TO INTERNAL REVENUE CODE Internal Revenue Code of 1986 is amended by tion 4212 of the Employee Retirement In- OF 1986.—Section 431(b) of the Internal Rev- inserting ‘‘(in the case of a composite plan,

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7631 benefits objectively calculated pursuant to a plan sponsor shall evaluate the evidence and composite plan shall not be treated as a de- formula)’’ after ‘‘definitely determinable make a reasonable factual determination. fined benefit plan pursuant to section 437(d). benefits’’. ‘‘(h) SPECIAL RULES FOR COMPUTING YEARS ‘‘(B) QUALIFIED EMPLOYEE.—For purposes of (2) MISSING PARTICIPANTS IN TERMINATING OF SERVICE UNDER LEGACY PLANS.— this paragraph, an employee is a qualified COMPOSITE PLAN.—Section 401(a)(34) of the In- ‘‘(1) IN GENERAL.—In determining a quali- employee if the employee first completes an ternal Revenue Code of 1986 is amended by fied employee’s years of service under a leg- hour of service under the composite plan (de- striking ‘‘, a trust’’ and inserting ‘‘or a com- acy plan for purposes of this section, and in termined without regard to the provisions of posite plan, a trust’’. addition to any service under applicable reg- this paragraph) within the 12-month period (e) DEDUCTION FOR CONTRIBUTIONS TO A ulations, the employee’s years of service immediately preceding or the 24-month pe- QUALIFIED PLAN.—Section 404(a)(1) of the In- under a composite plan shall be treated as riod immediately following the date the em- ternal Revenue Code of 1986 is amended by years of service earned under the legacy ployee ceased to accrue benefits under the redesignating subparagraph (E) as subpara- plan. For purposes of such determination, a legacy plan. composite plan shall not be treated as a de- graph (F) and by inserting after subpara- ‘‘(C) CERTIFICATION OF YEARS OF SERVICE.— graph (D) the following: fined benefit plan pursuant to section 801(d). For purposes of subparagraph (A), the plan ‘‘(2) QUALIFIED EMPLOYEE.—For purposes of ‘‘(E) COMPOSITE PLANS.— sponsor of the legacy plan shall rely on a this subsection, an employee is a qualified ‘‘(i) IN GENERAL.—In the case of a com- written certification by the plan sponsor of employee if the employee first completes an posite plan, subparagraph (D) shall not apply the composite plan of the years of service hour of service under the composite plan (de- and the maximum amount deductible for a the qualified employee completed under the termined without regard to the provisions of plan year shall be the excess (if any) of— composite plan after the employee satisfies ‘‘(I) 140 percent of the greater of— this subsection) within the 12-month period immediately preceding or the 24-month pe- the requirements of subparagraph (B), dis- ‘‘(aa) the current liability of the plan de- riod immediately following the date the em- regarding any years of service that has been termined in accordance with the principles ployee ceased to accrue benefits under the forfeited under the rules of the composite of section 431(c)(6)(D), or legacy plan. plan unless contrary to service records pro- ‘‘(bb) the present value of plan liabilities ‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— vided by the participant. In the case of a as determined under section 438, over For purposes of paragraph (1), the plan spon- conflict, the plan sponsor shall evaluate the ‘‘(II) the fair market value of the plan’s as- sor of the legacy plan shall rely on a written evidence and make a reasonable factual de- sets, projected to the end of the plan year. certification by the plan sponsor of the com- termination.’’. ‘‘(ii) SPECIAL RULES FOR PREDECESSOR MUL- posite plan of the years of service the quali- (2) REDUCTION OF BENEFITS.— TIEMPLOYER PLAN TO COMPOSITE PLAN.— fied employee completed under the com- (A) EMPLOYEE RETIREMENT INCOME SECU- ‘‘(I) IN GENERAL.—Except as provided in posite plan after the employee satisfies the RITY ACT OF 1974.—Section 203(a)(3)(E)(ii) of subclause (II), if an employer contributes to requirements of paragraph (2), disregarding the Employee Retirement Income Security a composite plan with respect to its employ- any years of service that has been forfeited Act of 1974 (29 U.S.C. 1053(a)(3)(E)(ii)) is ees, contributions by that employer to a leg- under the rules of the composite plan unless amended— acy plan with respect to some or all of the contrary to service records provided by the (i) in subclause (I) by striking ‘‘4244A’’ and same group of employees shall be deductible participant. In the case of a conflict, the inserting ‘‘305(f), 803,’’; and under sections 162 and this section, subject plan sponsor shall evaluate the evidence and (ii) in subclause (II) by striking ‘‘4245’’ and to the limits in subparagraph (D). make a reasonable factual determination.’’. inserting ‘‘305(f), 4245,’’. ‘‘(II) TRANSITION CONTRIBUTION.—The full (B) INTERNAL REVENUE CODE OF 1986.—Sec- (B) INTERNAL REVENUE CODE OF 1986.—Sec- amount of a contribution to satisfy the tran- tion 411(a) of the Internal Revenue Code of tion 411(a)(3)(F) of the Internal Revenue Code sition contribution requirement (as defined 1986 is amended by adding at the end the fol- of 1986 is amended— in section 440A(d)) and allocated to the leg- lowing: (i) in clause (i) by striking ‘‘section 418D or acy defined benefit plan for the plan year ‘‘(14) SPECIAL RULES FOR DETERMINING under section 4281 of the Employee Retire- shall be deductible for the employer’s tax- YEARS OF SERVICE UNDER COMPOSITE PLANS.— ment Income Security Act of 1974’’ and in- able year ending with or within the plan ‘‘(A) IN GENERAL.—In determining a quali- serting ‘‘section 432(f) or 439 or under section year.’’. fied employee’s years of service under a com- 4281 of the Employee Retirement Income Se- (f) MINIMUM VESTING STANDARDS.— posite plan for purposes of this subsection, curity Act of 1974’’; and (1) YEARS OF SERVICE UNDER COMPOSITE the employee’s years of service under a leg- (ii) in clause (ii) by inserting ‘‘or 432(f)’’ PLANS.— acy plan shall be treated as years of service after ‘‘section 418E’’. (A) EMPLOYEE RETIREMENT INCOME SECU- earned under the composite plan. For pur- (3) ACCRUED BENEFIT REQUIREMENTS.— RITY ACT OF 1974.—Section 203 of the Em- poses of such determination, a composite (A) EMPLOYEE RETIREMENT INCOME SECU- ployee Retirement Income Security Act of plan shall not be treated as a defined benefit RITY ACT OF 1974.—Section 204(b)(1)(B)(i) of 1974 (29 U.S.C. 1053) is amended by inserting plan pursuant to section 437(d). the Employee Retirement Income Security after subsection (f) the following: ‘‘(B) QUALIFIED EMPLOYEE.—For purposes of Act of 1974 (29 U.S.C. 1054(b)(1)(B)(i)) is ‘‘(g) SPECIAL RULES FOR COMPUTING YEARS this paragraph, an employee is a qualified amended by inserting ‘‘, including an amend- OF SERVICE UNDER COMPOSITE PLANS.— employee if the employee first completes an ment reducing or suspending benefits under ‘‘(1) IN GENERAL.—In determining a quali- hour of service under the composite plan (de- section 305(f), 803, 4245 or 4281,’’ after ‘‘any fied employee’s years of service under a com- termined without regard to the provisions of amendment to the plan’’. posite plan for purposes of this section, the this paragraph) within the 12-month period (B) INTERNAL REVENUE CODE OF 1986.—Sec- employee’s years of service under a legacy immediately preceding or the 24-month pe- tion 411(b)(1)(B)(i) of the Internal Revenue plan shall be treated as years of service riod immediately following the date the em- Code of 1986 is amended by inserting ‘‘, in- earned under the composite plan. For pur- ployee ceased to accrue benefits under the cluding an amendment reducing or sus- poses of such determination, a composite legacy plan. pending benefits under section 418E, 432(f) or plan shall not be treated as a defined benefit ‘‘(C) CERTIFICATION OF YEARS OF SERVICE.— 439, or under section 4281 of the Employee plan pursuant to section 801(d). For purposes of subparagraph (A), the plan Retirement Income Security Act of 1974,’’ ‘‘(2) QUALIFIED EMPLOYEE.—For purposes of sponsor of the composite plan shall rely on a after ‘‘any amendment to the plan’’. this subsection, an employee is a qualified written certification by the plan sponsor of (4) ADDITIONAL ACCRUED BENEFIT REQUIRE- employee if the employee first completes an the legacy plan of the years of service the MENTS.— hour of service under the composite plan (de- qualified employee completed under the leg- (A) EMPLOYEE RETIREMENT INCOME SECU- termined without regard to the provisions of acy plan as of the date the employee satisfies RITY ACT OF 1974.—Section 204(b)(1)(H)(v) of this subsection) within the 12-month period the requirements of subparagraph (B), dis- the Employee Retirement Income Security immediately preceding or the 24-month pe- regarding any years of service that had been Act of 1974 (29 U.S.C. 1053(b)(1)(H)(v)) is riod immediately following the date the em- forfeited under the rules of the defined ben- amended by inserting before the period at ployee ceased to accrue benefits under the efit plan before that date unless contrary to the end the following: ‘‘, or benefits are re- legacy plan. service records provided by the participant. duced or suspended under section 305(f), 803, ‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— In the case of a conflict, the plan sponsor 4245, or 4281’’. For purposes of paragraph (1), the plan spon- shall evaluate the evidence and make a rea- (B) INTERNAL REVENUE CODE OF 1986.—Sec- sor of the composite plan shall rely on a sonable factual determination. tion 411(b)(1)(H)(iv) of the Internal Revenue written certification by the plan sponsor of ‘‘(15) SPECIAL RULES FOR COMPUTING YEARS Code of 1986 is amended— the legacy plan of the years of service the OF SERVICE UNDER LEGACY PLANS.— (i) in the heading by striking ‘‘BENEFIT’’ qualified employee completed under the de- ‘‘(A) IN GENERAL.—In determining a quali- and inserting ‘‘BENEFIT AND THE SUSPENSION fined benefit plan as of the date the em- fied employee’s years of service under a leg- AND REDUCTION OF CERTAIN BENEFITS’’; and ployee satisfies the requirements of para- acy plan for purposes of this section, and in (ii) in the text by inserting before the pe- graph (2), disregarding any years of service addition to any service under applicable reg- riod at the end the following: ‘‘, or benefits that had been forfeited under the rules of the ulations, the employee’s years of service are reduced or suspended under section 418E, defined benefit plan before that date unless under a composite plan shall be treated as 432(f), or 439, or under section 4281 of the Em- contrary to service records provided by the years of service earned under the legacy ployee Retirement Income Security Act of participant. In the case of a conflict, the plan. For purposes of such determination, a 1974’’.

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(5) ACCRUED BENEFIT NOT TO BE DECREASED Employee Retirement Income Security Act ‘‘(bb) the national average wage index (as BY AMENDMENT.— of 1974 (29 U.S.C. 1306(a)(3)) is amended— so defined) for 2020, or (A) EMPLOYEE RETIREMENT INCOME SECU- (1) in subparagraph (A)— ‘‘(II) such dollar amount in effect for plan RITY ACT OF 1974.—Section 204(g)(1) of the Em- (A) in clause (vi)— years beginning in the preceding calendar ployee Retirement Income Security Act of (i) by inserting ‘‘and before January 1, year. 1974 (29 U.S.C. 1053(g)(1)) is amended by in- 2021,’’ after ‘‘2014,’’; and If any amount determined under this clause serting after ‘‘302(d)(2)’’ the following: ‘‘, (ii) by striking ‘‘or’’ at the end; is not a multiple of $1, such product shall be 305(f), 803, 4245,’’. (B) by moving the margins of clause (vii) 2 rounded to the nearest multiple of $1.’’. (B) INTERNAL REVENUE CODE OF 1986.—Sec- ems to the left; (c) ADDITIONAL PREMIUMS.—Section 4006(a) tion 411(d)(6)(A) of the Internal Revenue (C) by redesignating clause (vii) as clause of the Employee Retirement Income Secu- Code of 1986 is amended by inserting after (ix); and rity Act of 1974 (29 U.S.C. 1306(a)), as amend- ‘‘412(d)(2),’’ the following: ‘‘418E, 432(f), or (D) by inserting after clause (vi) the fol- ed by this Act, is further amended by adding 439,’’. lowing: at the end the following: (g) CERTAIN FUNDING RULES NOT APPLICA- ‘‘(vii) in the case of a multiemployer plan, ‘‘(10) ADDITIONAL PREMIUMS PAYABLE BY BLE.— for plan years beginning in calendar year PARTICIPANTS AND BENEFICIARIES.— (1) EMPLOYEE RETIREMENT INCOME SECURITY 2021, for each individual who is a participant ‘‘(A) IN GENERAL.—In addition to the ACT OF 1974.—Section 305 of the Employee Re- in such plan during the plan year, the dollar amounts payable under paragraph (3), for tirement Income Security Act of 1974 (29 amount in effect under clause (i) for plan plan years beginning after December 31, 2021, U.S.C. 1085), as amended by section 212(a) and years beginning in 2021,’’. with respect to multiemployer plans, pre- as in effect before the amendments made by (b) FLAT AND VARIABLE RATE PREMIUM FOR miums shall be payable to the corporation section 212 other than subsection (a) thereof, YEARS AFTER 2021.—Section 4006(a)(3)) of the with respect to participants and bene- is further amended by adding at the end the Employee Retirement Income Security Act ficiaries who are in pay status in accordance following: of 1974 (29 U.S.C. 1306(a)(3)), as amended by with this paragraph. ‘‘(l) LEGACY PLANS.—This section and sec- subsection (a), is further amended— ‘‘(B) AMOUNTS PAYABLE.—Subject to sub- tions 302 and 304 shall not apply to an em- (1) by inserting after clause (vii) of sub- paragraphs (C), (D), and (E), the monthly ployer that has an obligation to contribute paragraph (A) the following: amount payable by each participant or bene- to a plan that is a legacy plan within the ‘‘(viii) in the case of a multiemployer plan, ficiary who is in pay status is— meaning of section 805(a) solely because the for any plan year beginning after December ‘‘(i) an amount equal to 3 percent of the employer has an obligation to contribute to 31, 2021, an amount for each individual who is participant’s or beneficiary’s aggregate a composite plan described in section 801 a participant in such plan during the plan monthly benefit, in the case of a plan in en- that is associated with that legacy plan.’’. year equal to the sum of— dangered status, as described in section (2) INTERNAL REVENUE CODE OF 1986.—Sec- ‘‘(I) the premium rate applicable under 305(b)(2); tion 432 of the Internal Revenue Code of 1986, clause (i)(VIII), plus ‘‘(ii) an amount equal to 5 percent of the as amended by section 211(a) and as in effect ‘‘(II) the additional premium (if any) deter- participant’s or beneficiary’s aggregate before the amendments made by section 211 mined under subparagraph (N) for the plan monthly benefit, in the case of a plan in crit- other than subsection (a) thereof, is further year, or’’; and ical status, as described in section 305(b)(3); amended by adding at the end the following: (2) by adding at the end the following: ‘‘(iii) an amount equal to 7 percent of the ‘‘(l) LEGACY PLANS.—This section and sec- ‘‘(N)(i) The additional premium determined participant’s or beneficiary’s aggregate tions 412 and 431 shall not apply to an em- under this subparagraph with respect to any monthly benefit, in the case of a plan in crit- ployer that has an obligation to contribute multiemployer plan for any plan year shall ical and declining status (as described in sec- to a plan that is a legacy plan within the be an amount equal to the least of— tion 305(b)(7)), a plan that became an insol- meaning of section 440A(a) solely because ‘‘(I) the amount determined under clause vent plan after the date of enactment of this the employer has an obligation to contribute (ii) for the plan year divided by the number paragraph, or a plan that has been termi- to a composite plan described in section 437 of participants in such plan as of the close of nated under section 4041A or 4042 but is not that is associated with that legacy plan.’’. the preceding plan year; insolvent, unless that plan is (or was) an (h) TERMINATION OF COMPOSITE PLAN.—Sec- ‘‘(II) 10 percent of the historic base con- original or successor plan pursuant to a spe- tion 403(d) of the Employee Retirement In- tributions divided by the number of partici- cial partition order under section 4233A; or come Security Act of 1974 (29 U.S.C. 1103(d) is pants in such plan as of the close of the pre- ‘‘(iv) notwithstanding clauses (i), (ii), or amended— ceding plan year; or (iii), an amount equal to 10 percent of the (1) in paragraph (1), by striking ‘‘regula- ‘‘(III) $250. participant’s or beneficiary’s aggregate tions of the Secretary.’’ and inserting ‘‘regu- ‘‘(ii) The amount determined under this monthly benefit, in the case of a plan which lations of the Secretary, or as provided in clause for any plan year shall be an amount is (or was) an original or successor plan pur- paragraph (3).’’; and equal to $10 for each $1,000 (or fraction there- suant to a special partition order under sec- (2) by adding at the end the following: of) of the multiemployer unfunded vested tion 4233A, regardless of the status of the ‘‘(3) Section 4044(a) of this Act shall be ap- benefits under the plan as of the close of the original or successor plan. plied in the case of the termination of a com- preceding plan year. For purposes of this ‘‘(C) COORDINATION WITH SUSPENSION OF posite plan by— clause, the term ‘multiemployer unfunded BENEFITS.—In the case of any participant or ‘‘(A) limiting the benefits subject to para- vested benefits’ means, for a plan year, the beneficiary whose benefits are suspended graph (3) thereof to benefits as defined in excess (if any) of— under section 305(f)(9), the percentage of ben- section 802(b)(3)(B); and ‘‘(I) the current liability of the plan as de- efits payable under the applicable clause of ‘‘(B) including in the benefits subject to termined under section 304(c)(6)(D) by taking subparagraph (B) with respect to the partici- paragraph (4) all other benefits (if any) of in- into account only vested benefits, over pant or beneficiary shall be reduced (but not dividuals under the plan that would be guar- ‘‘(II) the fair market value (as determined below zero) by the percentage of benefits anteed under section 4022A if the plan were under section 304(c)(6)(A)(ii)(I)) of the plan which were so suspended. subject to title IV.’’. assets for the plan year which are held by ‘‘(D) TREATMENT OF BENEFITS BASED ON DIS- (i) GOOD FAITH COMPLIANCE PRIOR TO GUID- the plan as of the valuation date. ABILITY.—No benefits— ANCE.—Where the implementation of any ‘‘(iii) For purposes of clause (i)(II), the provision of law added or amended by this term ‘historic base contributions’ means the ‘‘(i) based on disability (as defined by the Act is subject to issuance of regulations by average amount of the contributions, exclud- plan), or the Secretary of Labor, the Secretary of the ing any payments of withdrawal liability, to ‘‘(ii) of a participant or beneficiary who is Treasury, or the Pension Benefit Guaranty the plan required to be reported by the plan entitled to a benefit under title II of the So- Corporation, a multiemployer plan shall not on Schedule MB of the 3 most recent Forms cial Security Act on the basis of a disability be treated as failing to meet the require- 5500 required to be filed before the date of en- (as defined in section 223(d)(2) of such Act), ments of any such provision prior to the actment of this subparagraph. shall be included in the calculation of the issuance of final regulations or other guid- ‘‘(iv) For each plan year beginning after participant’s or beneficiary’s aggregate ance to carry out such provision if such plan December 31, 2022, there shall be substituted monthly benefit for purposes of determining is operated in accordance with a reasonable, for the dollar amount of historic base con- the payment due under subparagraph (B). HASEOUT OF PREMIUM FOR THOSE AGED good faith interpretation of such provision. tributions under clause (i)(II) and the dollar ‘‘(E) P amount specified in clause (i)(III) an amount 75 AND OLDER.— SEC. 505. EFFECTIVE DATE. equal to the greater of— ‘‘(i) IN GENERAL.—In the case of a partici- Unless otherwise specified, the amend- ‘‘(I) the product derived by multiplying pant or beneficiary who has attained or will ments made by this title shall apply to plan such dollar amount for plan years beginning attain at least 75 years of age in a plan year, years beginning after the date of the enact- in that calendar year by the ratio of— the monthly amount payable by such partic- ment of this title. ‘‘(aa) the national average wage index (as ipant or beneficiary for months during such TITLE VI—FINANCIAL PROVISIONS defined in section 209(k)(1) of the Social Se- plan year under this paragraph (determined SEC. 601. ADDITIONAL PREMIUMS. curity Act) for the first of the 2 calendar without regard to this subparagraph) shall (a) INCREASE IN FLAT DOLLAR PREMIUM BE- years preceding the calendar year in which be reduced by the applicable percentage of GINNING IN 2021.—Section 4006(a)(3) of the such plan year begins, to such amount.

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‘‘(ii) APPLICABLE PERCENTAGE.— For pur- ‘‘(D) PERSONS PARTICIPATING IN THE PLAN.— payor, plus a late payment penalty and in- poses of clause (i), the applicable percentage For purposes of subparagraphs (B) and (C), terest.’’. for any month shall be determined in accord- an employee or member participating in the (e) REPORTING ON PREMIUM INCREASES AND ance with the following table: plan during any month is a person with re- GUARANTEE REDUCTIONS.—Section 4008 of the ‘‘If the individual is, or The applicable percent- spect to whom the employer had an obliga- Employee Retirement Income Security Act will attain during the age is: tion to contribute to the plan under the of 1974 (29 U.S.C. 1308) is amended by adding plan year, age: terms of a collective bargaining agreement at the end the following: 75 ...... 20 percent or other participation agreement for that ‘‘(c) Beginning with the report for fiscal 76 ...... 40 percent month. year 2025, if the corporation projects in its 77 ...... 60 percent ‘‘(E) REMITTANCE.—Premiums required reporting under this section that the cor- 78 ...... 80 percent under subparagraph (B) or (C) shall be remit- poration’s multiemployer plan program will 79 or older ...... 100 percent ted to the plan monthly and held in a sepa- not remain solvent for at least 10 years after rate account until remittance, as prescribed the date of the report, the corporation shall ‘‘(F) METHODS OF COLLECTION.—The pre- include in the report a recommendation for a miums payable under subparagraph (B) shall in subparagraph (F). In the case of a partici- balanced combination of premium increases be collected by the plan from participants pant or beneficiary on whose behalf more and guarantee reductions needed to ensure who are receiving benefits under the plan by than one employer contributed during a solvency for the next 20 years without re- deducting the amount of the premium from month, the plan may elect to apportion the spect to any loans under section 4005. Such the benefits as and when paid, and holding monthly amount to the employers on a pro- recommendations shall be automatically such amounts in a separate account to be re- portional basis. Amounts held in a separate adopted at the beginning of the next fiscal mitted to the corporation annually, as pre- account under this subparagraph shall not year unless Congress takes other action.’’. scribed by regulations of the corporation. accrue interest, shall not be treated as assets (f) DELINQUENT CONTRIBUTIONS.— Amounts held in a separate account under of the plan, and shall not be commingled (1) IN GENERAL.—Section 515 of the Em- this subparagraph shall not accrue interest, with any other assets of the plan. ployee Retirement Income Security Act of shall not be treated as assets of the plan, and ‘‘(F) SUBMISSION TO THE CORPORATION.— 1974 (29 U.S.C. 1145) is amended— shall not be commingled with any other as- Each plan shall submit the premiums under (A) by striking ‘‘CONTRIBUTIONS.—Every’’, sets of the plan. subparagraph (E) to the corporation, on an annual basis, as prescribed by regulations of and inserting ‘‘CONTRIBUTIONS AND PRE- ‘‘(G) PLAN AMENDMENTS.—The adminis- the corporation. MIUMS.— trator of each multiemployer plan shall ‘‘(a) IN GENERAL.—Every’’, and amend the plan documents to allow for de- ‘‘(G) DETERMINATION OF PLAN STATUS.— ‘‘(i) IN GENERAL.—Except as otherwise pro- (B) by adding at the end the following new ductions from benefits pursuant to this para- subsection: graph. vided by the regulations issued pursuant to clause (ii), for purposes of determining pre- ‘‘(b) PREMIUMS.—Every employer or labor ‘‘(H) PREEMPTION.—This paragraph shall organization which is obligated to remit pre- supersede any law of a State which would di- miums due under this paragraph, the plan’s status shall be the status certified under sec- miums with respect to a multiemployer plan rectly or indirectly prohibit or restrict an under section 4006 shall remit such premiums employer, plan, or labor organization from tion 305 for the first plan year beginning on or after January 1, 2021. to the plan in accordance with the terms of withholding or remitting premium amounts the plan and regulations issued by the cor- in accordance with this paragraph. ‘‘(ii) SUBSEQUENT CHANGES IN STATUS.—The corporation shall issue regulations regarding poration.’’. ‘‘(I) DETERMINATION OF PLAN STATUS.— the timing required for reflecting, in the (2) CIVIL ENFORCEMENT.—Section ‘‘(i) IN GENERAL.—Except as otherwise pro- 502(g)(2)(A) of such Act (29 U.S.C. vided by the regulations issued pursuant to amounts due, a revised plan status certified at a later date. In no event shall such regula- 1132(g)(2)(A)) is amended by striking ‘‘con- clause (ii), for purposes of determining pre- tributions,’’ and inserting ‘‘contributions or miums due under this paragraph, the plan’s tions allow a delay of more than 90 days.’’. (d) PAYMENT OF PREMIUMS.— premiums,’’. status shall be the status certified under sec- (1) APPLICABILITY OF PREMIUMS.—Section SEC. 602. FUNDING. tion 305 for the first plan year beginning on 4007(b) of the Employee Retirement Income (a) LOANS TO THE CORPORATION FOR THE or after January 1, 2021. Security Act of 1974 (29 U.S.C. 1307(b)) is FUND TO PAY BASIC BENEFITS.—Section 4005 ‘‘(ii) SUBSEQUENT CHANGES IN STATUS.—The amended by adding at the end the following: of the Employee Retirement Income Secu- corporation shall issue regulations regarding ‘‘(3)(A)(i) The following plans shall not owe rity Act of 1974 (29 U.S.C. 1305) is amended by the timing required for reflecting, in the a variable rate premium determined under adding at the end the following: amounts withheld, a revised plan status cer- section 4006(a)(3)(N): ‘‘(i)(1) The corporation may borrow from tified at a later date. In no event shall such ‘‘(I) An insolvent plan that has commenced the Secretary of the Treasury such funds as regulations allow a delay of more than 90 receiving financial assistance. are necessary to pay basic benefits guaran- days. ‘‘(II) A plan which is certified by the plan teed under section 4022A or expenses related ‘‘(11) ADDITIONAL PREMIUMS PAYABLE BY EM- actuary under section 305 as being in unre- to the corporation’s multiemployer plan pro- PLOYERS AND LABOR ORGANIZATIONS.— stricted status pursuant to section gram if the balance of assets in the revolving ‘‘(A) IN GENERAL.—In addition to the 305(b)(1)(B), and which is not an original plan fund established under subsection (a) for pur- amounts payable under paragraph (3), for within the meaning of section 4233A. poses of paying such benefits is $500,000,000 or plan years beginning after December 31, 2021, ‘‘(III) With respect to plan years beginning less within that year. The corporation may with respect to multiemployer plans, pre- before January 1, 2025, a plan which is cer- invest amounts so borrowed in accordance miums shall be payable to the corporation tified by the plan actuary under section 305 with subsection (b)(3)(A). with respect to employers and labor organi- as being in stable status pursuant to section ‘‘(2) Amounts borrowed under this sub- zations in accordance with this paragraph. 305(b)(1)(A), and which is not an original plan section shall be— ‘‘(B) EMPLOYERS.—The monthly amount within the meaning of section 4233A. ‘‘(A) issued at an annual interest rate of 0 payable by employers, for each employee ‘‘(ii) An insolvent plan that has com- percent; and participating in the plan (as determined menced receiving financial assistance shall ‘‘(B) repaid by the corporation— under subparagraph (D)) during that month not owe the flat rate premium under section ‘‘(i) beginning 20 years after the date on is— 4006(a)(3)(A)(viii)(I). which the loan is issued; ‘‘(i) $1 in the case of a plan in unrestricted ‘‘(B) In the case of a special partition ‘‘(ii) over a period of not more than 20 status pursuant to section 305(b)(1)(B), or under section 4233A, the original plan shall years from commencement of repayment; $1.50 in the case of a plan in stable status calculate and remit premiums under section and pursuant to section 305(b)(1)(A), but only if 4006 as if the original plan and successor plan ‘‘(iii) out of the fund established under sub- the plan is not an original plan or a suc- were one plan and the successor plan shall section (a) to pay basic benefits guaranteed cessor plan within the meaning of section not be required to remit any such premiums. under section 4022A. 4233A; and ‘‘(4) Paragraph (1) shall apply to the addi- ‘‘(3) The corporation shall notify the Com- ‘‘(ii) $2.50 in any other case. tional premiums required by section mittee on Health, Education, Labor, and ‘‘(C) LABOR ORGANIZATIONS.—The monthly 4006(a)(10) and (11).’’. Pensions and the Committee on Finance of amount payable by labor organizations, for (2) AUTHORIZED CIVIL ACTIONS.—Section the Senate and the Committee on Education each member paying dues and participating 4007(c) of the Employee Retirement Income and Labor and the Committee on Ways and in the plan (as determined under subpara- Security Act of 1974 (29 U.S.C. 1307(c)) is Means of the House of Representatives with- graph (D)) during that month is— amended by inserting after the first sentence in 14 days of requesting a loan under this ‘‘(i) $1 in the case of a plan in unrestricted the following: ‘‘The corporation is author- subsection. status pursuant to section 305(b)(1)(B), or ized to bring a civil action to prevent or cor- ‘‘(4) Beginning on January 1, 2021, if, as of $1.50 in the case of a plan in stable status rect any action by a designated payor, if a the close of any calendar year the out- pursuant to section 305(b)(1)(A), but only if principal purpose of the action by the des- standing balance of the loans provided to the the plan is not an original plan or a suc- ignated payor is to evade or avoid the pay- corporation during the previous year under cessor plan within the meaning of section ment of premiums, and the corporation shall this subsection exceeded $2,000,000,000, the 4233A; and be authorized to recover the amount of pre- multiemployer flat-rate premium rates ap- ‘‘(ii) $2.50 in any other case. mium that should have been paid by such plicable under section 4006(a) solely for plan

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years beginning in the immediately suc- S. RES. 804 States and Taiwan lower tariff and nontariff ceeding calendar year shall be increased by Whereas, pursuant to section 2(b)(1) of the barriers to trade, including meaningfully ex- 20 percent.’’. Taiwan Relations Act (22 U.S.C. 3301(b)(1)), it panded access to agricultural markets and (b) STUDY ON FUNDING FOR BASIC BENEFIT is the policy of the United States to ‘‘pro- ensuring that science-based standards govern GUARANTEE.—Section 4022A(f) of the Em- mote extensive, close, and friendly commer- international trade in animals and animal ployee Retirement Income Security Act of cial, cultural, and other relations between products; 1974 (29 U.S.C. 1322a(f)) is amended— the people of the United States and the peo- Whereas the Bipartisan Congressional (1) by striking ‘‘Committee on Labor and ple on Taiwan’’; Trade Priorities and Accountability Act of Human Resources’’ each place such term ap- Whereas the friendship between the United 2015 (19 U.S.C. 4201 et seq.) enables the Presi- pears and inserting ‘‘Committee on Health, States and Taiwan is based on a shared com- dent to negotiate reciprocal reductions of Education, Labor, and Pensions’’; mitment to individual and economic free- nontariff barriers while preserving the au- (2) in paragraph (1)(A)— dom, shared values, and an appreciation for thority of Congress over foreign trade as re- (A) in clause (i), by striking ‘‘, and’’ and in- the blessings of liberty and democracy; quired by section 8 of article I of the Con- serting a semicolon; and Whereas the United States and Taiwan stitution of the United States; (B) by inserting after clause (ii) the fol- enjoy a robust trade partnership, marked by Whereas the procedures laid out in the Bi- lowing: the exchange of goods and services and inter- partisan Congressional Trade Priorities and ‘‘(iii) whether the Corporation projects national travel; Accountability Act of 2015 were designed by that the loans issued under section 4005(i) Whereas Taiwan has shown an interest in Congress to maintain the sovereignty of Con- will be repaid in accordance with the sched- strengthening its economic relationship with gress over trade; and ule set forth in paragraph (2)(B) of such sec- the United States by investing in technology Whereas, for legislation implementing a tion; and’’; manufacturing facilities located within the trade agreement to qualify for trade authori- (3) in paragraph (2)— United States and agreeing to lift restric- ties procedures under the Bipartisan Con- (A) in subparagraph (A)— tions on the importation of certain United gressional Trade Priorities and Account- (i) in the matter preceding clause (i), by in- States agricultural products; ability Act of 2015, the trade agreement is re- serting ‘‘and repayment of loans under sec- Whereas Taiwan has demonstrated a com- quired to make progress toward achieving tion 4005(i)’’ after ‘‘multiemployer plans’’; mitment to protecting intellectual property the applicable objectives, policies, and prior- and and individual freedom by serving as a leader ities set forth by Congress in that Act, and (ii) in clause (ii), by inserting ‘‘, and repay- in the responsible development of tech- failure by the administration of a President ment of any loans issued under section nology, as evidenced through a Joint Dec- to adhere to the trade negotiating objectives 4005(i)’’ before the comma at the end; and laration on 5G Security announced between and notification and consultation require- (B) in subparagraph (C), by striking ‘‘sec- the American Institute in Taiwan and the ments established by Congress renders a ond’’; and Taipei Economic and Cultural Representa- trade agreement ineligible for fast-track (4) in paragraph (3)(A)(ii), by inserting tive Office in August 2020; consideration: Now, therefore, be it ‘‘and repayment of loans issued under sec- Whereas Taiwan has played an integral Resolved, That it is the sense of the Senate tion 4005(i)’’ before the period. role in the global supply chain during the that the United States should initiate nego- SEC. 603. COMPOSITE PLAN TRANSITION FEE. coronavirus disease 2019 (commonly known tiations to enter into a free trade agreement (a) IN GENERAL.—Section 4006(a) of the Em- as ‘‘COVID–19’’) pandemic, producing mass with Taiwan. ployee Retirement Income Security Act of amounts of masks at the time when masks f 1974 (29 U.S.C. 1306(a)), as amended by this were most scarce and ensuring that this crit- Act, is further is amended by adding at the ical tool was available to individuals around SENATE RESOLUTION 805—PRO- end the following: the world; VIDING FOR STAFF TRANSITION ‘‘(12) COMPOSITE PLAN TRANSITION FEE.— Whereas the United States has consist- FOR A SENATOR IF THE RE- Notwithstanding paragraph (9), in any year ently supported peaceful relations between SULTS OF THE ELECTION FOR after 2024, a composite plan (as defined in Taiwan and the People’s Republic of China, AN ADDITIONAL TERM OF OF- section 801(a)) shall remit to the legacy plan and respected the provisions of both the Tai- FICE OF THE SENATOR HAVE (within the meaning of section 805) $15 per wan Relations Act (22 U.S.C. 3301 et seq.) and participant that is not also a participant in the Six Assurances offered by President Ron- NOT BEEN CERTIFIED the legacy plan. The legacy plan shall remit ald Reagan to Taiwan in 1982; Mr. BLUNT submitted the following such amount to the corporation in addition Whereas the People’s Republic of China has resolution; which was considered and to its premiums otherwise required under shown a hostility to Taiwan, aggressively as- agreed to: this section.’’. serting its military power, using coercive S. RES. 805 (b) CONFORMING AMENDMENT.—Section economic measures to keep Taiwan economi- 4007(b)(4) of the Employee Retirement In- cally dependent on the People’s Republic of Resolved, come Security Act of 1974 (29 U.S.C. China, and seeking to isolate Taiwan from SECTION 1. STAFF TRANSITION IF ELECTION RE- 1307(b)(4)), as added by section 601, is amend- the rest of the world; SULTS NOT CERTIFIED. ed by inserting ‘‘, and the transition fees re- Whereas the policy of the United States is Section 6 of Senate Resolution 458 (98th quired by section 4006(a)(12)’’ before the pe- to advance a free and open Indo-Pacific re- Congress), agreed to October 4, 1984, is riod. gion, and achieving that vision must include amended— working with like-minded countries in the (1) in subsection (a)— f region to liberalize trade; (A) in paragraph (3)(A)— Whereas the United States is currently (i) in clause (i), by striking ‘‘or’’ at the SUBMITTED RESOLUTIONS Taiwan’s 2nd largest trading partner, and end; Taiwan is the 10th largest trading partner of (ii) in clause (ii)— the United States in goods and 11th largest (I) by striking ‘‘but only’’; and SENATE RESOLUTION 804—EX- trading partner overall; (II) by adding ‘‘or’’ at the end; and PRESSING THE SENSE OF THE Whereas Taiwan has been a member of the (iii) by adding at the end the following: SENATE THAT THE UNITED World Trade Organization since 2002; ‘‘(iii) in an office of a Senator on the expi- Whereas bilateral trade in goods between ration of the term of office of such Senator STATES SHOULD INITIATE NEGO- Taiwan and the United States increased from as a Senator, if the Senator was a candidate TIATIONS TO ENTER INTO A $62,000,000,000 in 2010 to $86,000,000,000 in 2019, in the general election for the next term of FREE TRADE AGREEMENT WITH according to the United States Census Bu- office and the office is not filled at the com- TAIWAN reau; mencement of that next term,’’; and Whereas Taiwan’s foreign direct invest- (B) in paragraph (4)— Mr. TOOMEY (for himself, Mr. COT- ment stock in the United States was (i) in subparagraph (A)(ii), by striking TON, Mr. LANKFORD, Mr. CRAMER, Mr. $11,100,000,000 as of 2019; ‘‘paragraph (3)(A)(ii)’’ and inserting ‘‘clause HOEVEN, Mr. YOUNG, Mrs. HYDE-SMITH, Whereas trade with Taiwan supports an es- (ii) or (iii) of paragraph (3)(A)’’; and Mr. SASSE, Mr. CORNYN, Mrs. BLACK- timated 208,000 United States jobs according (ii) in subparagraph (B), by striking ‘‘not BURN, Mr. BOOZMAN, Mr. WICKER, Mr. to estimates of the United States Depart- later than 60 days after the date of the RUBIO, Mr. TILLIS, Mr. JOHNSON, Mr. ment of Commerce as of 2015; change or expiration of term of office, which- CRUZ, Mr. INHOFE, Mr. KENNEDY, Mrs. Whereas closer engagement with Taiwan ever is applicable,’’ and inserting ‘‘not later FISCHER, Mr. BRAUN, Mr. SCOTT of through trade negotiations would encourage than 60 days after the date of the change for even greater access to Taiwan’s market and an eligible staff member described in clause South Carolina, Mr. ROUNDS, Mr. would benefit both security and economic (i) of paragraph (3)(A), or after the expiration DAINES, Mr. BARRASSO, Mrs. CAPITO, growth for the United States, Taiwan, and of the term of office of the supervising Sen- and Mr. LEE) submitted the following the Indo-Pacific region; ator for an eligible staff member described in resolution; which was referred to the Whereas it is essential that a free trade clause (ii) or (iii) of paragraph (3)(A),’’; Committee on Finance: agreement negotiated between the United (2) in subsection (c)(1)—

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7635 (A) by striking ‘‘not to exceed 60 days’’ and TEXT OF AMENDMENTS (8) The Director of the Financial Crimes inserting the following: ‘‘not to exceed— Mr. HEINRICH proposed an Enforcement Network. ‘‘(A) in the case of a displaced staff mem- SA 2712. (9) Any other Federal, State, or local agen- ber described in clause (i) or (ii) of sub- amendment to the bill S. 2165, to en- cy, industry representative, consumer advo- section (a)(3)(A), 60 days’’; hance protections of Native American cate, or entity, as determined by the Federal (B) by striking the period at the end and tangible cultural heritage, and for Trade Commission. inserting ‘‘, and’’; and other purposes; as follows: (c) NO COMPENSATION FOR MEMBERS.—A (C) by adding at the end the following: On page 28, strike lines 15 through 23 and member of the Advisory Group shall serve ‘‘(B) in the case of a displaced staff mem- insert the following: without compensation in addition to any compensation received for the service of the ber described in clause (iii) of subsection SEC. 4. ENHANCED NAGPRA PENALTIES. member as an officer or employee of the (a)(3)(A), the earliest of— Section 1170 of title 18, United States Code, United States, if applicable. ‘‘(i) 60 days following the staff member’s is amended— (d) DUTIES.— date of termination; (1) by striking ‘‘5 years’’ each place it ap- ‘‘(ii) the date the staff member becomes (1) IN GENERAL.—The Advisory Group pears and inserting ‘‘10 years’’; and shall— otherwise gainfully employed; or (2) in subsection (a), by striking ‘‘12 ‘‘(iii) if the supervising Senator qualifies (A) collect information on the existence, months’’ and inserting ‘‘1 year and 1 day’’. use, and success of educational materials and for the next term of office as a Senator not programs for retailers, financial services, later than 60 days after the staff member’s SA 2713. Mr. BRAUN (for Mr. WICKER) and wire-transfer companies, which— date of termination, the date of such quali- proposed an amendment to the bill (i) may be used as a guide to educate em- fication.’’; H.R. 2610, to establish an office within ployees on how to identify and prevent (3) by redesignating subsection (d) as sub- the Federal Trade Commission and an scams that affect seniors; and section (e); and (ii) include— (4) by inserting after subsection (c) the fol- outside advisory group to prevent fraud (I) useful information for retailers, finan- lowing: targeting seniors and to direct the cial services, and wire transfer companies for ‘‘(d)(1) Each displaced staff member de- Commission to study and submit a re- the purpose described in clause (i); scribed in clause (iii) of subsection (a)(3)(A) port to Congress on scams targeting (II) training for employees on ways to iden- may, with the approval, direction, and super- seniors and Indian tribes, and for other tify and prevent senior scams; vision of the Secretary of the Senate, per- purposes; as follows: (III) best practices for keeping employees form limited duties such as archiving and Strike all after the enacting clause and in- up to date on current scams; transferring case files. sert the following: (IV) the most effective signage and place- ‘‘(2) With respect to a Senator who was a SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ment in retail locations to warn seniors candidate in the general election for the next (a) SHORT TITLE.—This Act may be cited as about scammers’ use of gift cards, prepaid term of office and for which the office is not the ‘‘Fraud and Scam Reduction Act’’. cards, and wire transfer services; filled at the commencement of that next (b) TABLE OF CONTENTS.—The table of con- (V) suggestions on effective collaborative term, during the 60-day period beginning on tents for this Act is as follows: community education campaigns; the first day of that next term of office, the Sec. 1. Short title; table of contents. (VI) available technology to assist in iden- official office and State office expenses relat- tifying possible scams at the point of sale; ing to— TITLE I—PREVENTING CONSUMER SCAMS DIRECTED AT SENIORS and ‘‘(A) archiving and transferring case files (VII) other information that would be help- Sec. 101. Short title. of the Senator, with prior approval by and ful to retailers, wire transfer companies, fi- upon vouchers approved and obligated by the Sec. 102. Senior Scams Prevention Advisory Group. nancial institutions, and their employees as Secretary of the Senate; and they work to prevent fraud affecting seniors; TITLE II—SENIOR FRAUD ADVISORY ‘‘(B) rent for office space upon vouchers ap- and OFFICE proved and obligated by the Sergeant at (B) based on the findings in subparagraph Arms and Doorkeeper of the Senate, Sec. 201. Short title. (A)— shall be paid from the account for Miscella- Sec. 202. Office for the Prevention of Fraud (i) identify inadequacies, omissions, or de- neous Items within the contingent fund of Targeting Seniors. ficiencies in those educational materials and the Senate.’’. TITLE I—PREVENTING CONSUMER SCAMS programs for the categories listed in sub- DIRECTED AT SENIORS f paragraph (A) and their execution in reach- SEC. 101. SHORT TITLE. ing employees to protect older adults; and AMENDMENTS SUBMITTED AND This title may be cited as the ‘‘Stop Senior (ii) create model materials, best practices PROPOSED Scams Act’’. guidance, or recommendations to fill those SEC. 102. SENIOR SCAMS PREVENTION ADVISORY inadequacies, omissions, or deficiencies that SA 2712. Mr. HEINRICH proposed an GROUP. may be used by industry and others to help amendment to the bill S. 2165, to enhance (a) ESTABLISHMENT.—There is established a protect older adults from scams. protections of Native American tangible cul- Senior Scams Prevention Advisory Group (2) ENCOURAGED USE.—The Chairman of the tural heritage, and for other purposes. (referred to in this title as the ‘‘Advisory Federal Trade Commission shall— SA 2713. Mr. BRAUN (for Mr. WICKER) pro- Group’’). (A) make the materials or guidance cre- posed an amendment to the bill H.R. 2610, to (b) MEMBERS.—The Advisory Group shall ated by the Federal Trade Commission de- establish an office within the Federal Trade be composed of stakeholders such as the fol- scribed in paragraph (1) publicly available; Commission and an outside advisory group lowing individuals or the designees of those and to prevent fraud targeting seniors and to di- individuals: (B) encourage the use and distribution of rect the Commission to study and submit a (1) The Chairman of the Federal Trade the materials created under this subsection report to Congress on scams targeting sen- Commission. to prevent scams affecting seniors by govern- iors and Indian tribes, and for other pur- (2) The Secretary of the Treasury. mental agencies and the private sector. poses. (3) The Attorney General. (e) REPORTS.—Section 101(c)(2) of the Elder SA 2714. Mr. BRAUN (for Ms. KLOBUCHAR) (4) The Director of the Bureau of Consumer Abuse Prevention and Prosecution Act (34 proposed an amendment to the bill S. 481, to Financial Protection. U.S.C. 21711(c)(2)) is amended— encourage States to require the installation (5) Representatives from each of the fol- (1) in subparagraph (C), by striking ‘‘and’’ of residential carbon monoxide detectors in lowing sectors, including trade associations, at the end; homes, and for other purposes. to be selected by Federal Trade Commission: (2) in subparagraph (D), by striking the pe- SA 2715. Mr. BRAUN (for Mr. MORAN) pro- (A) Retail. riod at the end and inserting ‘‘; and’’; and posed an amendment to the bill S. 3248, to re- (B) Gift cards. (3) by adding at the end the following: authorize the United States Anti-Doping (C) Telecommunications. ‘‘(E) for the Federal Trade Commission, in Agency, and for other purposes. (D) Wire-transfer services. relevant years, information on— SA 2716. Mr. BRAUN (for Mr. ALEXANDER) (E) Senior peer advocates. ‘‘(i) the newly created materials, guidance, proposed an amendment to the bill S. 1681, to (F) Consumer advocacy organizations with or recommendations of the Senior Scams educate health care providers and the public efforts focused on preventing seniors from Prevention Advisory Group established on biosimilar biological products, and for becoming the victims of scams. under section 102 of the Stop Senior Scams other purposes. (G) Financial services, including institu- Act, and any relevant views or consider- SA 2717. Mr. BRAUN (for Ms. CORTEZ tions that engage in digital currency. ations made by members of the Advisory MASTO (for herself and Mrs. FISCHER)) pro- (H) Prepaid cards. Group that were not included in the Advi- posed an amendment to the bill H.R. 1923, to (6) A member of the Board of Governors of sory Group’s model materials or considered amend title 31, United States Code, to re- the Federal Reserve System. an official recommendation by the Advisory quire the Secretary of the Treasury to mint (7) A prudential regulator, as defined in Group; and issue certain circulating collectible section 1002 of the Consumer Financial Pro- ‘‘(ii) the Senior Scams Prevention Advi- coins, and for other purposes. tection Act of 2010 (12 U.S.C. 5481). sory Group’s findings about senior scams and

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.038 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7636 CONGRESSIONAL RECORD — SENATE December 17, 2020 industry educational materials and pro- this section not later than one year after the (A) the 2015 or 2018 edition of the Inter- grams; and date of the enactment of this Act. national Fire Code published by the Inter- ‘‘(iii) any recommendations on ways stake- national Code Council; or holders can continue to work together to re- SA 2714. Mr. BRAUN (for Ms. KLO- (B) any amended or similar successor code duce scams affecting seniors.’’. BUCHAR) proposed an amendment to the pertaining to the proper installation of car- (f) TERMINATION.—This title, and the bill S. 481, to encourage States to re- bon monoxide alarms in dwelling units. amendments made by this title, ceases to be quire the installation of residential (7) INTERNATIONAL RESIDENTIAL CODE.—The effective on the date that is 5 years after the carbon monoxide detectors in homes, term ‘‘IRC’’ means— date of enactment of this Act. and for other purposes; as follows: (A) the 2015 or 2018 edition of the Inter- national Residential Code published by the TITLE II—SENIOR FRAUD ADVISORY Strike all after the enacting clause and in- International Code Council; or OFFICE sert the following: (B) any amended or similar successor code SEC. 201. SHORT TITLE. SECTION 1. SHORT TITLE. pertaining to the proper installation of car- This title may be cited as the ‘‘Seniors This Act may be cited as the ‘‘Nicholas and bon monoxide alarms in dwelling units. Fraud Prevention Act of 2020’’. Zachary Burt Memorial Carbon Monoxide (8) NFPA 720.—The term ‘‘NFPA 720’’ SEC. 202. OFFICE FOR THE PREVENTION OF Poisoning Prevention Act of 2019’’. means— FRAUD TARGETING SENIORS. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (A) the Standard for the Installation of (a) ESTABLISHMENT OF ADVISORY OFFICE.— (a) FINDINGS.—Congress finds the fol- Carbon Monoxide Detection and Warning The Federal Trade Commission shall estab- lowing: Equipment issued by the National Fire Pro- lish an office within the Bureau of Consumer (1) Carbon monoxide is a colorless, odorless tection Association in 2012; and Protection for the purpose of advising the gas produced by burning any fuel. Exposure (B) any amended or similar successor Commission on the prevention of fraud tar- to unhealthy levels of carbon monoxide can standard relating to the proper installation geting seniors and to assist the Commission lead to carbon monoxide poisoning, a serious of carbon monoxide alarms in dwelling units. with the following: health condition that could result in death. (9) STATE.—The term ‘‘State’’— (1) OVERSIGHT.—The advisory office shall (2) Unintentional carbon monoxide poi- (A) has the meaning given the term in sec- monitor the market for mail, television, soning from motor vehicles and improper op- tion 3(a) of the Consumer Product Safety Act internet, telemarketing, and recorded mes- eration of fuel-burning appliances, such as (15 U.S.C. 2052(a)); and sage telephone call (hereinafter referred to furnaces, water heaters, portable generators, (B) includes— as ‘‘robocall’’) fraud targeting seniors and and stoves, annually kills more than 400 in- (i) the Commonwealth of the Northern shall coordinate with other relevant agencies dividuals and sends approximately 15,000 in- Mariana Islands; and regarding the requirements of this section. dividuals to hospital emergency rooms for (ii) any political subdivision of a State. (2) CONSUMER EDUCATION.—The Commission treatment. (10) TRIBAL ORGANIZATION.—The term through the advisory office shall, in con- (3) Research shows that installing carbon ‘‘Tribal organization’’ has the meaning given sultation with the Attorney General, the monoxide alarms close to the sleeping areas the term in section 4(l) of the Indian Self-De- Secretary of Health and Human Services, the in residential homes and other dwelling termination and Education Assistance Act Postmaster General, the Chief Postal Inspec- units can help avoid fatalities. tor for the United States Postal Inspection (b) SENSE OF CONGRESS.—It is the sense of (25 U.S.C. 5304(l)). Service, and other relevant agencies— Congress that Congress should promote the SEC. 4. GRANT PROGRAM FOR CARBON MON- (A) disseminate to seniors and families and installation of carbon monoxide alarms in OXIDE POISONING PREVENTION. caregivers of seniors general information on residential homes and dwelling units across (a) IN GENERAL.—Subject to the avail- mail, television, internet, telemarketing, the United States in order to promote the ability of appropriations authorized under and robocall fraud targeting seniors, includ- health and public safety of citizens through- subsection (f), the Commission shall estab- ing descriptions of the most common fraud out the United States. lish a grant program to provide assistance to schemes; SEC. 3. DEFINITIONS. States and Tribal organizations that are eli- (B) disseminate to seniors and families and In this Act: gible under subsection (b) to carry out the caregivers of seniors information on report- (1) CARBON MONOXIDE ALARM.—The term carbon monoxide poisoning prevention ac- ing complaints of fraud targeting seniors ei- ‘‘carbon monoxide alarm’’ means a device or tivities described in subsection (e). ther to the national toll-free telephone num- system that— (b) ELIGIBILITY.—For the purposes of this ber established by the Commission for re- (A) detects carbon monoxide; and section, an eligible State or Tribal organiza- porting such complaints, or to the Consumer (B) is intended to sound an alarm at a car- tion is any State or Tribal organization Sentinel Network, operated by the Commis- bon monoxide concentration below a con- that— sion, where such complaints will become im- centration that could cause a loss of the (1) demonstrates to the satisfaction of the mediately available to appropriate law en- ability to react to the dangers of carbon Commission that the State or Tribal organi- forcement agencies, including the Federal monoxide exposure. zation has adopted a statute or a rule, regu- Bureau of Investigation and the attorneys (2) COMMISSION.—The term ‘‘Commission’’ lation, or similar measure with the force and general of the States; means the Consumer Product Safety Com- effect of law, requiring compliant carbon (C) in response to a specific request about mission. monoxide alarms to be installed in dwelling a particular entity or individual, provide (3) COMPLIANT CARBON MONOXIDE ALARM.— units in accordance with NFPA 72, the IFC, publically available information of enforce- The term ‘‘compliant carbon monoxide or the IRC; and ment action taken by the Commission for alarm’’ means a carbon monoxide alarm that (2) submits an application— mail, television, internet, telemarketing, complies with the most current version of— (A) to the Commission at such time, in and robocall fraud against such entity; and (A) the Standard for Single and Multiple such form, and containing such additional (D) maintain a website to serve as a re- Station Carbon Monoxide Alarms of the information as the Commission may require; source for information for seniors and fami- American National Standards Institute and and lies and caregivers of seniors regarding mail, UL (ANSI/UL 2034), or any successor stand- (B) that may be filed on behalf of the State television, internet, telemarketing, robocall, ard; and or Tribal organization by the fire safety code and other identified fraud targeting seniors. (B) the Standard for Gas and Vapor Detec- enforcement agency of that State or Tribal (3) COMPLAINTS.—The Commission through tors and Sensors of the American National organization. the advisory office shall, in consultation Standards Institute and UL (ANSI/UL 2075), (c) GRANT AMOUNT.—The Commission shall with the Attorney General, establish proce- or any successor standard. determine the amount of each grant awarded dures to— (4) DWELLING UNIT.—The term ‘‘dwelling under this section. (A) log and acknowledge the receipt of unit’’— (d) SELECTION OF GRANT RECIPIENTS.—In se- complaints by individuals who believe they (A) means a room or suite of rooms used lecting eligible States and Tribal organiza- have been a victim of mail, television, inter- for human habitation; and tions for the award of grants under this sec- net, telemarketing, and robocall fraud in the (B) includes— tion, the Commission shall give favorable Consumer Sentinel Network, and shall make (i) a single family residence; consideration to an eligible State or Tribal those complaints immediately available to (ii) each living unit of a multiple family organization that demonstrates a reasonable Federal, State, and local law enforcement residence, including an apartment building; need for funding under this section and authorities; and and that— (B) provide to individuals described in sub- (iii) each living unit in a mixed use build- (1) requires the installation of a one or paragraph (A), and to any other persons, spe- ing. more compliant carbon monoxide alarms in cific and general information on mail, tele- (5) FIRE CODE ENFORCEMENT OFFICIALS.— a new or existing educational facility, vision, internet, telemarketing, and robocall The term ‘‘fire code enforcement officials’’ childcare facility, health care facility, adult fraud, including descriptions of the most means officials of the fire safety code en- dependent care facility, government build- common schemes using such methods of forcement agency of a State or local govern- ing, restaurant, theater, lodging establish- communication. ment or a Tribal organization. ment, or dwelling unit— (b) COMMENCEMENT.—The Commission shall (6) INTERNATIONAL FIRE CODE.—The term (A) within which a fuel-burning appliance, commence carrying out the requirements of ‘‘IFC’’ means— including a furnace, boiler, water heater,

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.041 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7637 fireplace, or any other apparatus, appliance, (B) manages the anti-doping program, re- States Anti-Doping Agency against a person or device that burns fuel, is installed; or sults management processes, drug reference with respect to a violation of Federal law, (B) that has an attached garage; and resources, and athlete education for all including an investigation, a disciplinary ac- (2) has developed a strategy to protect vul- United States Olympic Committee-recog- tion, a sanction, or any other administrative nerable populations, such as children, the el- nized national governing bodies and the ath- action, shall be carried out in a manner that derly, or low-income households, from expo- letes and events of such national governing provides due process protection to the per- sure to unhealthy levels of carbon monoxide. bodies. son.’’. (e) USE OF GRANT FUNDS.— (2) The United States Anti-Doping Agency SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (1) IN GENERAL.—Subject to paragraph (2), contributes to the advancement of clean Section 703 of the Office of National Drug an eligible State or Tribal organization to sport through scientific research, anti- Control Policy Reauthorization Act of 2006 which a grant is awarded under this section doping education, and outreach programs, (21 U.S.C. 2003) is amended to read as follows: may use the grant— and the mission of the United States Anti- (A) to purchase and install compliant car- Doping Agency is to preserve the integrity of ‘‘SEC. 703. AUTHORIZATION OF APPROPRIATIONS. bon monoxide alarms in the dwelling units of competition and protect the rights of ath- ‘‘There are authorized to be appropriated low-income families or elderly individuals, letes. to the United States Anti-Doping Agency— facilities that commonly serve children or (3) Participation in youth sports has the ‘‘(1) for fiscal year 2021, $15,500,000; the elderly (including childcare facilities, potential to equip young athletes with im- ‘‘(2) for fiscal year 2022, $16,200,000; public schools, and senior centers); portant skills and values necessary for suc- ‘‘(3) for fiscal year 2023, $16,900,000; (B) for the development and dissemination cess in life, and it is essential that the cul- ‘‘(4) for fiscal year 2024, $17,700,000; of training materials, instructors, and any ture of youth sports emphasizes such skills ‘‘(5) for fiscal year 2025, $18,500,000; other costs relating to the training sessions and values. ‘‘(6) for fiscal year 2026, $19,800,000; authorized under this subsection; or (4) The TrueSport program of the United ‘‘(7) for fiscal year 2027, $22,100,000; (C) to educate the public about— States Anti-Doping Agency partners with ‘‘(8) for fiscal year 2028, $24,900,000; and (i) the risk associated with carbon mon- youth sport organizations across the United ‘‘(9) for fiscal year 2029, $23,700,000.’’. oxide as a poison; and States to promote sportsmanship, character SEC. 5. INFORMATION SHARING. (ii) the importance of proper carbon mon- building, and healthy performance through Except as otherwise prohibited by law and oxide alarm use. the use of targeted educational materials de- except in cases in which the integrity of a (2) LIMITATIONS.— signed to promote a positive youth sport ex- criminal investigation would be affected, (A) ADMINISTRATIVE COSTS.—An eligible perience. pursuant to the obligation of the United State or Tribal organization to which a (5) In modifying the authority of the States under Article 7 of the United Nations grant is awarded under this section may use United States Anti-Doping Agency to in- Educational, Scientific, and Cultural Organi- not more than 5 percent of the grant amount clude the promotion of the positive values of zation International Convention Against to cover administrative costs that are not di- youth sport, Congress sends a strong signal Doping in Sport done at Paris October 19, rectly related to training described in para- that the goals of youth sport should include 2005, and ratified by the United States in graph (1)(B). instilling in young athletes the values of in- 2008, the Attorney General, the Secretary of (B) PUBLIC OUTREACH.—An eligible State or tegrity, respect, teamwork, courage, and re- Homeland Security, and the Commissioner Tribal organization to which a grant is sponsibility. of Food and Drugs shall provide to the awarded under this section may use not (6) Due to the unique leadership position of United States Anti-Doping Agency any rel- more than 25 percent of the grant amount to the United States in the global community, evant information relating to the prevention cover the costs of activities described in adequate funding of the anti-doping and of the use of performance-enhancing drugs or paragraph (1)(D). clean sport programs of the United States the prohibition of performance-enhancing (C) STATE CONTRIBUTIONS.—An eligible Anti-Doping Agency is imperative to the methods. State to which a grant is awarded under this preparation for the 2028 Summer Olympic section shall, with respect to the costs in- Games, which will be held in Los Angeles, SA 2716. Mr. BRAUN (for Mr. ALEX- curred by the State in carrying out activi- California. ANDER) proposed an amendment to the ties under the grant, provide non-Federal (7) Increased appropriations for fiscal years contributions in an amount equal to not less 2021 through 2029 would enable the United bill S. 1681, to educate health care pro- than 25 percent of amount of Federal funds States Anti-Doping Agency to directly affect viders and the public on biosimilar bio- provided under the grant to administer the the integrity and well-being of sport, both logical products, and for other pur- program. This subparagraph shall not apply domestically and internationally. poses; as follows: to Tribal organizations. SEC. 3. MODIFICATIONS OF AUTHORITY. Strike all after the enacting clause and in- (f) FUNDING.— Section 701 of the Office of National Drug sert the following: (1) IN GENERAL.—The Commission shall Control Policy Reauthorization Act of 2006 carry out this Act using amounts appro- SECTION 1. SHORT TITLE. (21 U.S.C. 2001) is amended— priated to the Commission for each of fiscal This Act may be cited as the ‘‘Advancing (1) in subsection (b)— years 2020 through 2024, to extent such funds Education on Biosimilars Act of 2020’’. (A) by amending paragraph (1) to read as are available. follows: SEC. 2. EDUCATION ON BIOLOGICAL PRODUCTS. (2) LIMITATION ON ADMINISTRATIVE EX- ‘‘(1)(A) serve as the independent anti- Subpart 1 of part F of title III of the Public PENSES.—In a fiscal year, not more than 10 doping organization for the amateur athletic Health Service Act (42 U.S.C. 262 et seq.) is percent of the amounts appropriated or oth- competitions recognized by the United amended by adding at the end the following: erwise made available to carry out this Act States Olympic and Paralympic Committee; ‘‘SEC. 352A. EDUCATION ON BIOLOGICAL PROD- may be used for administrative expenses. ‘‘(B) be responsible for certifying in ad- UCTS. (g) REPORT.—Not later than 1 year after ‘‘(a) INTERNET WEBSITE.— the last day of each fiscal year in which vance any testing conducted by inter- grants are awarded under this section, the national organizations under the World Anti- ‘‘(1) IN GENERAL.—The Secretary may Commission shall submit to Congress a re- Doping Code for international amateur ath- maintain and operate an internet website to port that evaluates the implementation of letes and athletic competitions occurring provide educational materials for health the grant program required under this sec- within the jurisdiction of the United States; care providers, patients, and caregivers, re- tion. and garding the meaning of the terms, and the ‘‘(C) be recognized worldwide as the inde- standards for review and licensing of, bio- SA 2715. Mr. BRAUN (for Mr. MORAN) pendent national anti-doping organization logical products, including biosimilar bio- proposed an amendment to the bill S. for the United States;’’; logical products and interchangeable bio- 3248, to reauthorize the United States (B) in paragraph (4), by striking the period similar biological products. at the end and inserting ‘‘; and’’; and ‘‘(2) CONTENT.—Educational materials pro- Anti-Doping Agency, and for other pur- (C) by adding at the end the following: vided under paragraph (1) may include— poses; as follows: ‘‘(5) promote a positive youth sport experi- ‘‘(A) explanations of key statutory and Strike all after the enacting clause and in- ence by using a portion of the funding of the regulatory terms, including ‘biosimilar’ and sert the following: United States Anti-Doping Agency to pro- ‘interchangeable’, and clarification regard- SECTION 1. SHORT TITLE. vide educational materials on sportsman- ing the use of interchangeable biosimilar bi- This Act may be cited as the ‘‘United ship, character building, and healthy per- ological products; States Anti-Doping Agency Reauthorization formance for the athletes, parents, and ‘‘(B) information related to development Act of 2020’’. coaches who participate in youth sports.’’; programs for biological products, including SEC. 2. FINDINGS. and biosimilar biological products and inter- Congress makes the following findings: (2) by adding at the end the following: changeable biosimilar biological products (1) The United States Anti-Doping Agen- ‘‘(c) DUE PROCESS IN ARBITRATION PRO- and relevant clinical considerations for pre- cy— CEEDINGS.—Any action taken by the United scribers, which may include, as appropriate (A) is the independent national anti-doping States Anti-Doping Agency to enforce a pol- and applicable, information related to the organization of the United States; and icy, procedure, or requirement of the United comparability of such biological products;

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‘‘(C) an explanation of the process for re- outside advisory group to prevent fraud tar- (c) NO COMPENSATION FOR MEMBERS.—A porting adverse events for biological prod- geting seniors and to direct the Commission member of the Advisory Group shall serve ucts, including biosimilar biological prod- to study and submit a report to Congress on without compensation in addition to any ucts and interchangeable biosimilar biologi- scams targeting seniors and Indian tribes, compensation received for the service of the cal products; and and for other purposes. member as an officer or employee of the ‘‘(D) an explanation of the relationship be- There being no objection, the com- United States, if applicable. tween biosimilar biological products and mittee was discharged, and the Senate (d) DUTIES.— interchangeable biosimilar biological prod- proceeded to consider the bill. (1) IN GENERAL.—The Advisory Group ucts licensed under section 351(k) and ref- shall— erence products (as defined in section 351(i)), Mr. BRAUN. I ask unanimous con- (A) collect information on the existence, including the standards for review and li- sent that the Wicker substitute amend- use, and success of educational materials and censing of each such type of biological prod- ment at the desk be agreed to and that programs for retailers, financial services, uct. the bill, as amended, be considered and wire-transfer companies, which— ‘‘(3) FORMAT.—The educational materials read a third time. (i) may be used as a guide to educate em- provided under paragraph (1) may be— The PRESIDING OFFICER. Without ployees on how to identify and prevent ‘‘(A) in formats such as webinars, con- objection, it is so ordered. scams that affect seniors; and tinuing education modules, videos, fact The amendment (No. 2713), in the na- (ii) include— sheets, infographics, stakeholder toolkits, or (I) useful information for retailers, finan- other formats as appropriate and applicable; ture of a substitute, was agreed to, as cial services, and wire transfer companies for and follows: the purpose described in clause (i); ‘‘(B) tailored for the unique needs of health (Purpose: In the nature of a substitute) (II) training for employees on ways to iden- care providers, patients, caregivers, and Strike all after the enacting clause and in- tify and prevent senior scams; other audiences, as the Secretary determines sert the following: (III) best practices for keeping employees appropriate. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. up to date on current scams; ‘‘(4) OTHER INFORMATION.—In addition to (IV) the most effective signage and place- (a) SHORT TITLE.—This Act may be cited as the information described in paragraph (2), the ‘‘Fraud and Scam Reduction Act’’. ment in retail locations to warn seniors the Secretary shall continue to publish— about scammers’ use of gift cards, prepaid (b) TABLE OF CONTENTS.—The table of con- ‘‘(A) the action package of each biological tents for this Act is as follows: cards, and wire transfer services; product licensed under subsection (a) or (k) Sec. 1. Short title; table of contents. (V) suggestions on effective collaborative of section 351; or community education campaigns; ‘‘(B) the summary review of each biologi- TITLE I—PREVENTING CONSUMER (VI) available technology to assist in iden- cal product licensed under subsection (a) or SCAMS DIRECTED AT SENIORS tifying possible scams at the point of sale; (k) of section 351. Sec. 101. Short title. and ‘‘(5) CONFIDENTIAL AND TRADE SECRET IN- Sec. 102. Senior Scams Prevention Advisory (VII) other information that would be help- FORMATION.—This subsection does not au- Group. ful to retailers, wire transfer companies, fi- thorize the disclosure of any trade secret, TITLE II—SENIOR FRAUD ADVISORY nancial institutions, and their employees as confidential commercial or financial infor- OFFICE they work to prevent fraud affecting seniors; mation, or other matter described in section Sec. 201. Short title. and 552(b) of title 5. Sec. 202. Office for the Prevention of Fraud (B) based on the findings in subparagraph ‘‘(b) CONTINUING EDUCATION.—The Sec- Targeting Seniors. (A)— retary shall advance education and aware- (i) identify inadequacies, omissions, or de- ness among health care providers regarding TITLE I—PREVENTING CONSUMER SCAMS ficiencies in those educational materials and biological products, including biosimilar bio- DIRECTED AT SENIORS programs for the categories listed in sub- logical products and interchangeable bio- SEC. 101. SHORT TITLE. paragraph (A) and their execution in reach- similar biological products, as appropriate, This title may be cited as the ‘‘Stop Senior ing employees to protect older adults; and including by developing or improving con- Scams Act’’. (ii) create model materials, best practices tinuing education programs that advance the SEC. 102. SENIOR SCAMS PREVENTION ADVISORY guidance, or recommendations to fill those education of such providers on the pre- GROUP. inadequacies, omissions, or deficiencies that scribing of, and relevant clinical consider- (a) ESTABLISHMENT.—There is established a may be used by industry and others to help ations with respect to, biological products, Senior Scams Prevention Advisory Group protect older adults from scams. including biosimilar biological products and (referred to in this title as the ‘‘Advisory (2) ENCOURAGED USE.—The Chairman of the interchangeable biosimilar biological prod- Group’’). Federal Trade Commission shall— ucts.’’. (b) MEMBERS.—The Advisory Group shall (A) make the materials or guidance cre- ated by the Federal Trade Commission de- SA 2717. Mr. BRAUN (for Ms. CORTEZ be composed of stakeholders such as the fol- lowing individuals or the designees of those scribed in paragraph (1) publicly available; MASTO (for herself and Mrs. FISCHER)) individuals: and proposed an amendment to the bill (1) The Chairman of the Federal Trade (B) encourage the use and distribution of H.R. 1923, to amend title 31, United Commission. the materials created under this subsection States Code, to require the Secretary (2) The Secretary of the Treasury. to prevent scams affecting seniors by govern- of the Treasury to mint and issue cer- (3) The Attorney General. mental agencies and the private sector. tain circulating collectible coins, and (4) The Director of the Bureau of Consumer (e) REPORTS.—Section 101(c)(2) of the Elder for other purposes; as follows: Financial Protection. Abuse Prevention and Prosecution Act (34 At the end, add the following: (5) Representatives from each of the fol- U.S.C. 21711(c)(2)) is amended— lowing sectors, including trade associations, (1) in subparagraph (C), by striking ‘‘and’’ SEC. 8. COST. No coin or medal minted and issued under to be selected by Federal Trade Commission: at the end; this Act, or an amendment made by this Act, (A) Retail. (2) in subparagraph (D), by striking the pe- may be sold at a price such that would result (B) Gift cards. riod at the end and inserting ‘‘; and’’; and in a net cost to the Federal Government. (C) Telecommunications. (3) by adding at the end the following: (D) Wire-transfer services. ‘‘(E) for the Federal Trade Commission, in f (E) Senior peer advocates. relevant years, information on— FRAUD AND SCAM REDUCTION (F) Consumer advocacy organizations with ‘‘(i) the newly created materials, guidance, ACT efforts focused on preventing seniors from or recommendations of the Senior Scams becoming the victims of scams. Prevention Advisory Group established Mr. BRAUN. Mr. President, I ask (G) Financial services, including institu- under section 102 of the Stop Senior Scams unanimous consent that the Com- tions that engage in digital currency. Act, and any relevant views or consider- mittee on Commerce, Science, and (H) Prepaid cards. ations made by members of the Advisory Transportation be discharged from fur- (6) A member of the Board of Governors of Group that were not included in the Advi- ther consideration of H.R. 2610 and that the Federal Reserve System. sory Group’s model materials or considered the Senate proceed to its immediate (7) A prudential regulator, as defined in an official recommendation by the Advisory section 1002 of the Consumer Financial Pro- Group; consideration. tection Act of 2010 (12 U.S.C. 5481). ‘‘(ii) the Senior Scams Prevention Advi- The PRESIDING OFFICER. The (8) The Director of the Financial Crimes sory Group’s findings about senior scams and clerk will report the bill by title. Enforcement Network. industry educational materials and pro- The senior assistant legislative clerk (9) Any other Federal, State, or local agen- grams; and read as follows: cy, industry representative, consumer advo- ‘‘(iii) any recommendations on ways stake- A bill (H.R. 2610) to establish an office cate, or entity, as determined by the Federal holders can continue to work together to re- within the Federal Trade Commission and an Trade Commission. duce scams affecting seniors.’’.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.036 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7639 (f) TERMINATION.—This title, and the The bill was read the third time. (3) COMPLIANT CARBON MONOXIDE ALARM.— amendments made by this title, ceases to be Mr. BRAUN. I know of no further de- The term ‘‘compliant carbon monoxide alarm’’ effective on the date that is 5 years after the bate on the bill as amended. means a carbon monoxide alarm that complies date of enactment of this Act. The PRESIDING OFFICER. Is there with the most current version of— (A) the Standard for Single and Multiple Sta- TITLE II—SENIOR FRAUD ADVISORY further debate? OFFICE tion Carbon Monoxide Alarms of the American Hearing none, the bill having been SEC. 201. SHORT TITLE. National Standards Institute and UL (ANSI/UL This title may be cited as the ‘‘Seniors read the third time, the question is, 2034), or any successor standard; and Fraud Prevention Act of 2020’’. Shall the bill pass, as amended? (B) the Standard for Gas and Vapor Detectors SEC. 202. OFFICE FOR THE PREVENTION OF The bill (H.R. 2610), as amended, was and Sensors of the American National Stand- FRAUD TARGETING SENIORS. passed. ards Institute and UL (ANSI/UL 2075), or any (a) ESTABLISHMENT OF ADVISORY OFFICE.— Mr. BRAUN. I ask unanimous con- successor standard. The Federal Trade Commission shall estab- sent that the motion to reconsider be (4) DWELLING UNIT.—The term ‘‘dwelling lish an office within the Bureau of Consumer considered made and laid upon the unit’’— Protection for the purpose of advising the (A) means a room or suite of rooms used for Commission on the prevention of fraud tar- table. human habitation; and geting seniors and to assist the Commission The PRESIDING OFFICER. Without (B) includes— with the following: objection, it is so ordered. (i) a single family residence; (1) OVERSIGHT.—The advisory office shall f (ii) each living unit of a multiple family resi- monitor the market for mail, television, dence, including an apartment building; and internet, telemarketing, and recorded mes- NICHOLAS AND ZACHARY BURT (iii) each living unit in a mixed use building. sage telephone call (hereinafter referred to MEMORIAL CARBON MONOXIDE (5) FIRE CODE ENFORCEMENT OFFICIALS.—The as ‘‘robocall’’) fraud targeting seniors and POISONING PREVENTION ACT OF term ‘‘fire code enforcement officials’’ means of- shall coordinate with other relevant agencies 2019 ficials of the fire safety code enforcement agen- regarding the requirements of this section. Mr. BRAUN. Mr. President, I ask cy of a State or local government or a Tribal or- (2) CONSUMER EDUCATION.—The Commission ganization. unanimous consent that the Senate through the advisory office shall, in con- (6) INTERNATIONAL FIRE CODE.—The term sultation with the Attorney General, the proceed to the immediate consider- ‘‘IFC’’ means— Secretary of Health and Human Services, the ation of Calendar No. 524, S. 481. (A) the 2015 or 2018 edition of the Inter- Postmaster General, the Chief Postal Inspec- The PRESIDING OFFICER. The national Fire Code published by the Inter- tor for the United States Postal Inspection clerk will report the bill by title. national Code Council; or Service, and other relevant agencies— The senior assistant legislative clerk (B) any amended or similar successor code (A) disseminate to seniors and families and read as follows: pertaining to the proper installation of carbon caregivers of seniors general information on monoxide alarms in dwelling units. A bill (S. 481) to encourage States to re- mail, television, internet, telemarketing, (7) INTERNATIONAL RESIDENTIAL CODE.—The quire the installation of residential carbon and robocall fraud targeting seniors, includ- term ‘‘IRC’’ means— monoxide detectors in homes, and for other ing descriptions of the most common fraud (A) the 2015 or 2018 edition of the Inter- purposes. schemes; national Residential Code published by the (B) disseminate to seniors and families and There being no objection, the Senate International Code Council; or caregivers of seniors information on report- proceeded to consider the bill which (B) any amended or similar successor code ing complaints of fraud targeting seniors ei- had been reported from the Committee pertaining to the proper installation of carbon ther to the national toll-free telephone num- on Commerce, Science, and Transpor- monoxide alarms in dwelling units. ber established by the Commission for re- tation, with an amendment to strike (8) NFPA 720.—The term ‘‘NFPA 720’’ means— porting such complaints, or to the Consumer all after the enacting clause and insert (A) the Standard for the Installation of Car- Sentinel Network, operated by the Commis- bon Monoxide Detection and Warning Equip- sion, where such complaints will become im- in lieu thereof the following: ment issued by the National Fire Protection As- mediately available to appropriate law en- SECTION 1. SHORT TITLE. sociation in 2012; and forcement agencies, including the Federal This Act may be cited as the ‘‘Nicholas and (B) any amended or similar successor stand- Bureau of Investigation and the attorneys Zachary Burt Memorial Carbon Monoxide Poi- ard relating to the proper installation of carbon general of the States; soning Prevention Act of 2019’’. monoxide alarms in dwelling units. (C) in response to a specific request about SEC. 2. FINDINGS AND SENSE OF CONGRESS. (9) STATE.—The term ‘‘State’’— a particular entity or individual, provide (a) FINDINGS.—Congress finds the following: (A) has the meaning given the term in section publically available information of enforce- (1) Carbon monoxide is a colorless, odorless 3(a) of the Consumer Product Safety Act (15 ment action taken by the Commission for gas produced by burning any fuel. Exposure to U.S.C. 2052(a)); and mail, television, internet, telemarketing, unhealthy levels of carbon monoxide can lead to (B) includes— and robocall fraud against such entity; and carbon monoxide poisoning, a serious health (i) the Commonwealth of the Northern Mar- (D) maintain a website to serve as a re- condition that could result in death. iana Islands; and source for information for seniors and fami- (2) Unintentional carbon monoxide poisoning (ii) any political subdivision of a State. lies and caregivers of seniors regarding mail, from motor vehicles and improper operation of (10) TRIBAL ORGANIZATION.—The term ‘‘Tribal television, internet, telemarketing, robocall, fuel-burning appliances, such as furnaces, organization’’ has the meaning given the term and other identified fraud targeting seniors. water heaters, portable generators, and stoves, in section 4(l) of the Indian Self-Determination (3) COMPLAINTS.—The Commission through annually kills more than 400 individuals and and Education Assistance Act (25 U.S.C. the advisory office shall, in consultation sends approximately 15,000 individuals to hos- 5304(l)). with the Attorney General, establish proce- pital emergency rooms for treatment. SEC. 4. GRANT PROGRAM FOR CARBON MON- dures to— (3) Research shows that installing carbon OXIDE POISONING PREVENTION. (A) log and acknowledge the receipt of monoxide alarms close to the sleeping areas in (a) IN GENERAL.—Subject to the availability of complaints by individuals who believe they residential homes and other dwelling units can appropriations authorized under subsection (f), have been a victim of mail, television, inter- help avoid fatalities. the Commission shall establish a grant program net, telemarketing, and robocall fraud in the (b) SENSE OF CONGRESS.—It is the sense of to provide assistance to States and Tribal orga- Consumer Sentinel Network, and shall make Congress that Congress should promote the in- nizations that are eligible under subsection (b) those complaints immediately available to stallation of carbon monoxide alarms in residen- to carry out the carbon monoxide poisoning pre- Federal, State, and local law enforcement tial homes and dwelling units across the United vention activities described in subsection (e). authorities; and States in order to promote the health and public (b) ELIGIBILITY.—For the purposes of this sec- (B) provide to individuals described in sub- safety of citizens throughout the United States. tion, an eligible State or Tribal organization is paragraph (A), and to any other persons, spe- SEC. 3. DEFINITIONS. any State or Tribal organization that— cific and general information on mail, tele- In this Act: (1) demonstrates to the satisfaction of the vision, internet, telemarketing, and robocall (1) CARBON MONOXIDE ALARM.—The term Commission that the State or Tribal organiza- fraud, including descriptions of the most ‘‘carbon monoxide alarm’’ means a device or tion has adopted a statute or a rule, regulation, common schemes using such methods of system that— or similar measure with the force and effect of communication. (A) detects carbon monoxide; and law, requiring compliant carbon monoxide (b) COMMENCEMENT.—The Commission shall (B) is intended to sound an alarm at a carbon alarms to be installed in dwelling units in ac- commence carrying out the requirements of monoxide concentration below a concentration cordance with NFPA 72, the IFC, or the IRC; this section not later than one year after the that could cause a loss of the ability to react to and date of the enactment of this Act. the dangers of carbon monoxide exposure. (2) submits an application— The amendment was ordered to be (2) COMMISSION.—The term ‘‘Commission’’ (A) to the Commission at such time, in such engrossed and the bill to be read a means the Consumer Product Safety Commis- form, and containing such additional informa- third time. sion. tion as the Commission may require; and

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 6333 E:\CR\FM\A17DE6.013 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7640 CONGRESSIONAL RECORD — SENATE December 17, 2020 (B) that may be filed on behalf of the State or shall submit to Congress a report that evaluates (B) includes— Tribal organization by the fire safety code en- the implementation of the grant program re- (i) a single family residence; forcement agency of that State or Tribal organi- quired under this section. (ii) each living unit of a multiple family zation. Mr. BRAUN. Mr. President, I ask residence, including an apartment building; (c) GRANT AMOUNT.—The Commission shall unanimous consent that the com- and determine the amount of each grant awarded mittee-reported amendment be with- (iii) each living unit in a mixed use build- under this section. ing. (d) SELECTION OF GRANT RECIPIENTS.—In se- drawn; that the Klobuchar amendment (5) FIRE CODE ENFORCEMENT OFFICIALS.— lecting eligible States and Tribal organizations at the desk be agreed to; that the bill, The term ‘‘fire code enforcement officials’’ for the award of grants under this section, the as amended, be considered read a third means officials of the fire safety code en- Commission shall give favorable consideration to time and passed; and the motion to re- forcement agency of a State or local govern- an eligible State or Tribal organization that— consider be considered made and laid ment or a Tribal organization. (1) requires the installation of a compliant upon the table. (6) INTERNATIONAL FIRE CODE.—The term carbon monoxide alarm in a new or existing The PRESIDING OFFICER. Without ‘‘IFC’’ means— educational facility, childcare facility, health objection, it is so ordered. (A) the 2015 or 2018 edition of the Inter- care facility, adult dependent care facility, gov- The committee-reported amendment national Fire Code published by the Inter- ernment building, restaurant, theater, lodging in the nature of a substitute was with- national Code Council; or establishment, or dwelling unit— (B) any amended or similar successor code (A) within which a fuel-burning appliance, drawn. pertaining to the proper installation of car- including a furnace, boiler, water heater, fire- The amendment (No. 2714) in the na- bon monoxide alarms in dwelling units. place, or any other apparatus, appliance, or de- ture of a substitute was agreed to, as (7) INTERNATIONAL RESIDENTIAL CODE.—The vice that burns fuel, is installed; or follows: term ‘‘IRC’’ means— (B) that has an attached garage; and (Purpose: In the nature of a substitute) (A) the 2015 or 2018 edition of the Inter- (2) has developed a strategy to protect vulner- Strike all after the enacting clause and in- national Residential Code published by the able populations, such as children, the elderly, sert the following: International Code Council; or or low-income households, from exposure to SECTION 1. SHORT TITLE. (B) any amended or similar successor code unhealthy levels of carbon monoxide. This Act may be cited as the ‘‘Nicholas and pertaining to the proper installation of car- (e) USE OF GRANT FUNDS.— Zachary Burt Memorial Carbon Monoxide bon monoxide alarms in dwelling units. (1) IN GENERAL.—Subject to paragraph (2), an Poisoning Prevention Act of 2019’’. (8) NFPA 720.—The term ‘‘NFPA 720’’ eligible State or Tribal organization to which a SEC. 2. FINDINGS AND SENSE OF CONGRESS. means— grant is awarded under this section may use the (A) the Standard for the Installation of grant— (a) FINDINGS.—Congress finds the fol- lowing: Carbon Monoxide Detection and Warning (A) to purchase and install compliant carbon Equipment issued by the National Fire Pro- monoxide alarms in the dwelling units of low-in- (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure tection Association in 2012; and come families or elderly individuals, facilities (B) any amended or similar successor that commonly serve children or the elderly (in- to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious standard relating to the proper installation cluding childcare facilities, public schools, and of carbon monoxide alarms in dwelling units. senior centers), or student dwelling units owned health condition that could result in death. (2) Unintentional carbon monoxide poi- (9) STATE.—The term ‘‘State’’— by public universities; (A) has the meaning given the term in sec- (B) to train State, Tribal organization, or soning from motor vehicles and improper op- eration of fuel-burning appliances, such as tion 3(a) of the Consumer Product Safety Act local fire code enforcement officials in the prop- (15 U.S.C. 2052(a)); and er enforcement of State, Tribal, or local laws re- furnaces, water heaters, portable generators, and stoves, annually kills more than 400 in- (B) includes— garding compliant carbon monoxide alarms and (i) the Commonwealth of the Northern the installation of those alarms in accordance dividuals and sends approximately 15,000 in- dividuals to hospital emergency rooms for Mariana Islands; and with NFPA 720, the IFC, or the IRC; (ii) any political subdivision of a State. (C) for the development and dissemination of treatment. (3) Research shows that installing carbon (10) TRIBAL ORGANIZATION.—The term training materials, instructors, and any other ‘‘Tribal organization’’ has the meaning given costs relating to the training sessions authorized monoxide alarms close to the sleeping areas in residential homes and other dwelling the term in section 4(l) of the Indian Self-De- under this subsection; or termination and Education Assistance Act (D) to educate the public about— units can help avoid fatalities. (25 U.S.C. 5304(l)). (i) the risk associated with carbon monoxide (b) SENSE OF CONGRESS.—It is the sense of as a poison; and Congress that Congress should promote the SEC. 4. GRANT PROGRAM FOR CARBON MON- OXIDE POISONING PREVENTION. (ii) the importance of proper carbon monoxide installation of carbon monoxide alarms in (a) IN GENERAL.—Subject to the avail- alarm use. residential homes and dwelling units across the United States in order to promote the ability of appropriations authorized under (2) LIMITATIONS.— subsection (f), the Commission shall estab- (A) ADMINISTRATIVE COSTS.—An eligible State health and public safety of citizens through- out the United States. lish a grant program to provide assistance to or Tribal organization to which a grant is States and Tribal organizations that are eli- SEC. 3. DEFINITIONS. awarded under this section may use not more gible under subsection (b) to carry out the In this Act: than 5 percent of the grant amount to cover ad- carbon monoxide poisoning prevention ac- (1) CARBON MONOXIDE ALARM.—The term ministrative costs that are not directly related to tivities described in subsection (e). ‘‘carbon monoxide alarm’’ means a device or training described in paragraph (1)(B). (b) ELIGIBILITY.—For the purposes of this (B) PUBLIC OUTREACH.—An eligible State or system that— section, an eligible State or Tribal organiza- Tribal organization to which a grant is awarded (A) detects carbon monoxide; and tion is any State or Tribal organization under this section may use not more than 25 (B) is intended to sound an alarm at a car- that— percent of the grant amount to cover the costs of bon monoxide concentration below a con- (1) demonstrates to the satisfaction of the activities described in paragraph (1)(D). centration that could cause a loss of the Commission that the State or Tribal organi- (C) STATE CONTRIBUTIONS.—An eligible State ability to react to the dangers of carbon zation has adopted a statute or a rule, regu- to which a grant is awarded under this section monoxide exposure. lation, or similar measure with the force and shall, with respect to the costs incurred by the (2) COMMISSION.—The term ‘‘Commission’’ effect of law, requiring compliant carbon State in carrying out activities under the grant, means the Consumer Product Safety Com- monoxide alarms to be installed in dwelling provide non-Federal contributions in an amount mission. units in accordance with NFPA 72, the IFC, equal to not less than 20 percent of amount of (3) COMPLIANT CARBON MONOXIDE ALARM.— or the IRC; and Federal funds provided under the grant to ad- The term ‘‘compliant carbon monoxide (2) submits an application— minister the program. This subparagraph shall alarm’’ means a carbon monoxide alarm that (A) to the Commission at such time, in not apply to Tribal organizations. complies with the most current version of— such form, and containing such additional (f) FUNDING.— (A) the Standard for Single and Multiple information as the Commission may require; (1) IN GENERAL.—The Commission shall carry Station Carbon Monoxide Alarms of the and out this Act using amounts appropriated to the American National Standards Institute and (B) that may be filed on behalf of the State Commission for each of fiscal years 2020 through UL (ANSI/UL 2034), or any successor stand- or Tribal organization by the fire safety code 2024, to extent such funds are available. ard; and enforcement agency of that State or Tribal (2) LIMITATION ON ADMINISTRATIVE EX- (B) the Standard for Gas and Vapor Detec- organization. PENSES.—In a fiscal year, not more than 10 per- tors and Sensors of the American National (c) GRANT AMOUNT.—The Commission shall cent of the amounts appropriated or otherwise Standards Institute and UL (ANSI/UL 2075), determine the amount of each grant awarded made available to carry out this Act may be or any successor standard. under this section. used for administrative expenses. (4) DWELLING UNIT.—The term ‘‘dwelling (d) SELECTION OF GRANT RECIPIENTS.—In se- (g) REPORT.—Not later than 1 year after the unit’’— lecting eligible States and Tribal organiza- last day of each fiscal year in which grants are (A) means a room or suite of rooms used tions for the award of grants under this sec- awarded under this section, the Commission for human habitation; and tion, the Commission shall give favorable

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.011 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7641 consideration to an eligible State or Tribal UNITED STATES ANTI-DOPING United States Anti-Doping Agency to di- organization that demonstrates a reasonable AGENCY REAUTHORIZATION ACT rectly affect the integrity and well-being of need for funding under this section and OF 2020 sport, both domestically and internation- that— ally.¿ (1) requires the installation of a one or Mr. BRAUN. Mr. President, I ask SEC. 3. PROMOTION OF YOUTH SPORTS. more compliant carbon monoxide alarms in unanimous consent that the Senate Section 701(b) of the Office of National a new or existing educational facility, proceed to the immediate consider- Drug Control Policy Reauthorization Act of childcare facility, health care facility, adult ation of Calendar No. 594, S. 3248. 2006 (21 U.S.C. 2001(b)) is amended— dependent care facility, government build- The PRESIDING OFFICER. The (1) in paragraph (4), by striking the period ing, restaurant, theater, lodging establish- clerk will report the bill by title. at the end and inserting ‘‘; and’’; and ment, or dwelling unit— The senior assistant legislative clerk (2) by adding at the end the following: (A) within which a fuel-burning appliance, read as follows: ‘‘(5) promote a positive youth sport experi- including a furnace, boiler, water heater, ence ø1by using a portion of the funding of A bill (S. 3248) to reauthorize the United fireplace, or any other apparatus, appliance, the United States Anti-Doping Agency to States Anti-Doping Agency, and for other or device that burns fuel, is installed; or provide educational¿ by providing educational purposes. (B) that has an attached garage; and materials on sportsmanship, character build- (2) has developed a strategy to protect vul- There being no objection, the Senate ing, and healthy performance for the ath- nerable populations, such as children, the el- proceeded to consider the bill which letes, parents, and coaches who participate derly, or low-income households, from expo- had been reported from the Committee in youth sports.’’. sure to unhealthy levels of carbon monoxide. on Commerce, Science, and Transpor- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (e) USE OF GRANT FUNDS.— tation, with amendments, as follows: Section 703 of the Office of National Drug (1) IN GENERAL.—Subject to paragraph (2), (The parts of the bill intended to be Control Policy Reauthorization Act of 2006 an eligible State or Tribal organization to stricken are shown in boldface brack- (21 U.S.C. 2003) is amended to read as follows: which a grant is awarded under this section ets, and the parts of the bill intended ‘‘SEC. 703. AUTHORIZATION OF APPROPRIATIONS. may use the grant— ‘‘There are authorized to be appropriated (A) to purchase and install compliant car- to be inserted are shown in italics.) to the United States Anti-Doping Agency— bon monoxide alarms in the dwelling units of S. 3248 ‘‘(1) for fiscal year 2021, $15,500,000; low-income families or elderly individuals, Be it enacted by the Senate and House of Rep- ‘‘(2) for fiscal year 2022, $16,200,000; facilities that commonly serve children or resentatives of the United States of America in ‘‘(3) for fiscal year 2023, $16,900,000; the elderly (including childcare facilities, Congress assembled, ‘‘(4) for fiscal year 2024, $17,700,000; public schools, and senior centers); SECTION 1. SHORT TITLE. ‘‘(5) for fiscal year 2025, $18,500,000; (B) for the development and dissemination This Act may be cited as the ‘‘United ‘‘(6) for fiscal year 2026, $19,800,000; of training materials, instructors, and any States Anti-Doping Agency Reauthorization ‘‘(7) for fiscal year 2027, $22,100,000; other costs relating to the training sessions Act of 2020’’. ‘‘(8) for fiscal year 2028, $24,900,000; and authorized under this subsection; or SEC. 2. FINDINGS. ‘‘(9) for fiscal year 2029, $23,700,000.’’. (C) to educate the public about— Congress makes the following findings: SEC. 5. INFORMATION SHARING. (i) the risk associated with carbon mon- (1) The United States Anti-Doping Agen- Except as otherwise prohibited by law and oxide as a poison; and cy— except in cases in which the integrity of a (ii) the importance of proper carbon mon- (A) is the independent national anti-doping criminal investigation would be affected, oxide alarm use. organization of the United States; and pursuant to the obligation of the United (2) LIMITATIONS.— (B) manages the anti-doping program, re- States under Article 7 of the United Nations (A) ADMINISTRATIVE COSTS.—An eligible sults management processes, drug reference Educational, Scientific, and Cultural Organi- State or Tribal organization to which a resources, and athlete education for all zation International Convention Against grant is awarded under this section may use United States Olympic Committee-recog- Doping in Sport done at Paris October 19, not more than 5 percent of the grant amount nized national governing bodies and the ath- 2005, and ratified by the United States in to cover administrative costs that are not di- letes and events of such national governing 2008, the Attorney General, the Secretary of rectly related to training described in para- bodies. Homeland Security, and the Commissioner graph (1)(B). (2) The United States Anti-Doping Agency of Food and Drugs shall provide to the (B) PUBLIC OUTREACH.—An eligible State or contributes to the advancement of clean United States Anti-Doping Agency any rel- Tribal organization to which a grant is sport through scientific research, anti- evant information relating to the prevention awarded under this section may use not doping education, and outreach programs, of the use of performance-enhancing drugs or more than 25 percent of the grant amount to and the mission of the United States Anti- the prohibition of performance-enhancing cover the costs of activities described in Doping Agency is to preserve the integrity of methods. paragraph (1)(D). competition and protect the rights of ath- SEC. 6. REPORT ON CAPACITY TO IMPLEMENT (C) STATE CONTRIBUTIONS.—An eligible letes. EQUINE ANTI-DOPING AND MEDICA- State to which a grant is awarded under this (3) Participation in youth sports has the TION CONTROL PROGRAM. section shall, with respect to the costs in- potential to equip young athletes with im- Not later than 180 days after the date of the curred by the State in carrying out activi- portant skills and values necessary for suc- enactment of this Act, the United States Anti- ties under the grant, provide non-Federal cess in life, and it is essential that the cul- Doping Agency shall submit to Congress a re- contributions in an amount equal to not less ture of youth sports emphasizes such skills port that— than 25 percent of amount of Federal funds and values. (1) assesses the capacity of the United States provided under the grant to administer the (4) The TrueSport program of the United Anti-Doping Agency to implement an equine program. This subparagraph shall not apply States Anti-Doping Agency partners with anti-doping and medication control program; to Tribal organizations. youth sport organizations across the United and (f) FUNDING.— States to promote sportsmanship, character (2) includes— (A) recommendations with respect to best (1) IN GENERAL.—The Commission shall building, and healthy performance through carry out this Act using amounts appro- the use of targeted educational materials de- practices for design, resources, and any other priated to the Commission for each of fiscal signed to promote a positive youth sport ex- consideration necessary for the successful imple- years 2020 through 2024, to extent such funds perience. mentation of such a program in the United are available. (5) In modifying the authority of the States; and (B) recommendations developed in consulta- (2) LIMITATION ON ADMINISTRATIVE EX- United States Anti-Doping Agency to in- tion with the National Veterinary Services Lab- PENSES.—In a fiscal year, not more than 10 clude the promotion of the positive values of oratories with respect to the appropriate tech- percent of the amounts appropriated or oth- youth sport, Congress sends a strong signal nical standards and best practices for such a erwise made available to carry out this Act that the goals of youth sport should include program. may be used for administrative expenses. instilling in young athletes the values of in- (g) REPORT.—Not later than 1 year after tegrity, respect, teamwork, courage, and re- Mr. BRAUN. I ask unanimous con- the last day of each fiscal year in which sponsibility. sent that the committee-reported grants are awarded under this section, the (6) Due to the unique leadership position of amendments be withdrawn; that the Commission shall submit to Congress a re- the United States in the global community, Moran substitute amendment at the port that evaluates the implementation of adequate funding of the anti-doping and desk be agreed to; that the bill, as the grant program required under this sec- clean sport programs of the United States amended, be considered read a third tion. Anti-Doping Agency is imperative to the preparation for the 2028 Summer Olympic time and passed; and the motion to re- The bill (S. 481), as amended, was or- Games, which will be held in Los Angeles, consider be considered made and laid dered to be engrossed for a third read- California. upon the table. ing, was read the third time, and ø(7) Increased appropriations for fiscal The PRESIDING OFFICER. Without passed. years 2021 through 2029 would enable the objection, it is so ordered.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A17DE6.015 S17DEPT1 dlhill on DSK120RN23PROD with SENATE S7642 CONGRESSIONAL RECORD — SENATE December 17, 2020 The committee-reported amendments ‘‘(C) be recognized worldwide as the inde- There being no objection, the com- were withdrawn. pendent national anti-doping organization mittee was discharged, and the Senate The amendment (No. 2715) in the na- for the United States;’’; proceeded to consider the bill. ture of a substitute was agreed to, as (B) in paragraph (4), by striking the period Mr. BRAUN. I ask unanimous con- at the end and inserting ‘‘; and’’; and sent that the bill be considered read a follows: (C) by adding at the end the following: (Purpose: In the nature of a substitute) ‘‘(5) promote a positive youth sport experi- third time and passed and the motion Strike all after the enacting clause and in- ence by using a portion of the funding of the to reconsider be considered made and sert the following: United States Anti-Doping Agency to pro- laid upon the table. SECTION 1. SHORT TITLE. vide educational materials on sportsman- The PRESIDING OFFICER. Without This Act may be cited as the ‘‘United ship, character building, and healthy per- objection, it is so ordered. States Anti-Doping Agency Reauthorization formance for the athletes, parents, and The bill (H.R. 6435) was ordered to a Act of 2020’’. coaches who participate in youth sports.’’; third reading, was read the third time, SEC. 2. FINDINGS. and and passed. (2) by adding at the end the following: Congress makes the following findings: f (1) The United States Anti-Doping Agen- ‘‘(c) DUE PROCESS IN ARBITRATION PRO- cy— CEEDINGS.—Any action taken by the United SCHOOL-BASED ALLERGIES AND (A) is the independent national anti-doping States Anti-Doping Agency to enforce a pol- ASTHMA MANAGEMENT PRO- organization of the United States; and icy, procedure, or requirement of the United GRAM ACT (B) manages the anti-doping program, re- States Anti-Doping Agency against a person sults management processes, drug reference with respect to a violation of Federal law, Mr. BRAUN. Mr. President, I ask resources, and athlete education for all including an investigation, a disciplinary ac- unanimous consent that the Com- United States Olympic Committee-recog- tion, a sanction, or any other administrative mittee on Health, Education, Labor, nized national governing bodies and the ath- action, shall be carried out in a manner that and Pensions be discharged from fur- letes and events of such national governing provides due process protection to the per- ther consideration of H.R. 2468 and the bodies. son.’’. Senate proceed to its immediate con- (2) The United States Anti-Doping Agency SEC. 4. AUTHORIZATION OF APPROPRIATIONS. sideration. contributes to the advancement of clean Section 703 of the Office of National Drug The PRESIDING OFFICER. The sport through scientific research, anti- Control Policy Reauthorization Act of 2006 clerk will report the bill by title. doping education, and outreach programs, (21 U.S.C. 2003) is amended to read as follows: The senior assistant legislative clerk and the mission of the United States Anti- ‘‘SEC. 703. AUTHORIZATION OF APPROPRIATIONS. read as follows: Doping Agency is to preserve the integrity of ‘‘There are authorized to be appropriated competition and protect the rights of ath- to the United States Anti-Doping Agency— A bill (H.R. 2468) to amend the Public letes. ‘‘(1) for fiscal year 2021, $15,500,000; Health Service Act to increase the pref- (3) Participation in youth sports has the ‘‘(2) for fiscal year 2022, $16,200,000; erence given, in awarding certain allergies potential to equip young athletes with im- ‘‘(3) for fiscal year 2023, $16,900,000; and asthma-related grants, to States that re- portant skills and values necessary for suc- ‘‘(4) for fiscal year 2024, $17,700,000; quire certain public schools to have allergies cess in life, and it is essential that the cul- ‘‘(5) for fiscal year 2025, $18,500,000; and asthma management programs, and for ture of youth sports emphasizes such skills ‘‘(6) for fiscal year 2026, $19,800,000; other purposes. and values. ‘‘(7) for fiscal year 2027, $22,100,000; There being no objection, the com- (4) The TrueSport program of the United ‘‘(8) for fiscal year 2028, $24,900,000; and mittee was discharged, and the Senate States Anti-Doping Agency partners with ‘‘(9) for fiscal year 2029, $23,700,000.’’. proceeded to consider the bill. youth sport organizations across the United SEC. 5. INFORMATION SHARING. Mr. BRAUN. I ask unanimous con- States to promote sportsmanship, character Except as otherwise prohibited by law and sent that the bill be considered read a building, and healthy performance through except in cases in which the integrity of a the use of targeted educational materials de- third time. criminal investigation would be affected, The PRESIDING OFFICER. Without signed to promote a positive youth sport ex- pursuant to the obligation of the United perience. objection, it is so ordered. States under Article 7 of the United Nations The bill was ordered to a third read- (5) In modifying the authority of the Educational, Scientific, and Cultural Organi- United States Anti-Doping Agency to in- ing and was read the third time. zation International Convention Against Mr. BRAUN. I know of no further de- clude the promotion of the positive values of Doping in Sport done at Paris October 19, youth sport, Congress sends a strong signal 2005, and ratified by the United States in bate on the bill. that the goals of youth sport should include 2008, the Attorney General, the Secretary of The PRESIDING OFFICER. If there instilling in young athletes the values of in- Homeland Security, and the Commissioner is no further debate on the bill, the bill tegrity, respect, teamwork, courage, and re- of Food and Drugs shall provide to the having been read the third time, the sponsibility. United States Anti-Doping Agency any rel- question is, Shall the bill pass? (6) Due to the unique leadership position of evant information relating to the prevention The bill (H.R. 2468) was passed. the United States in the global community, of the use of performance-enhancing drugs or Mr. BRAUN. I ask unanimous con- adequate funding of the anti-doping and the prohibition of performance-enhancing sent that the motion to reconsider be clean sport programs of the United States methods. Anti-Doping Agency is imperative to the considered made and laid upon the preparation for the 2028 Summer Olympic The bill (S. 3248), as amended, was or- table. Games, which will be held in Los Angeles, dered to be engrossed for a third read- The PRESIDING OFFICER. Without California. ing, was read the third time, and objection, it is so ordered. (7) Increased appropriations for fiscal years passed. f 2021 through 2029 would enable the United f States Anti-Doping Agency to directly affect ADVANCING EDUCATION ON the integrity and well-being of sport, both COMBATING PANDEMIC SCAMS BIOSIMILARS ACT OF 2019 domestically and internationally. ACT OF 2020 Mr. BRAUN. Mr. President, I ask SEC. 3. MODIFICATIONS OF AUTHORITY. Mr. BRAUN. Mr. President, I ask unanimous consent that the Com- Section 701 of the Office of National Drug mittee on Health, Education, Labor, Control Policy Reauthorization Act of 2006 unanimous consent that the Com- (21 U.S.C. 2001) is amended— mittee on Commerce, Science, and and Pensions be discharged from fur- (1) in subsection (b)— Transportation be discharged from fur- ther consideration of S. 1681 and the (A) by amending paragraph (1) to read as ther consideration of H.R. 6435 and the Senate proceed to its immediate con- follows: Senate proceed to its immediate con- sideration. ‘‘(1)(A) serve as the independent anti- sideration. The PRESIDING OFFICER. The doping organization for the amateur athletic The PRESIDING OFFICER. Without clerk will report the bill by title. competitions recognized by the United objection, it is so ordered. The senior assistant legislative clerk States Olympic and Paralympic Committee; read as follows: ‘‘(B) be responsible for certifying in ad- The clerk will report the bill by title. A bill (S. 1681) to educate health care pro- vance any testing conducted by inter- The senior assistant legislative clerk viders and the public on biosimilar biological national organizations under the World Anti- read as follows: products, and for other purposes. Doping Code for international amateur ath- A bill (H.R. 6435) to direct the Federal letes and athletic competitions occurring Trade Commission to develop and dissemi- There being no objection, the com- within the jurisdiction of the United States; nate information to the public about scams mittee was discharged, and the Senate and related to COVID–19, and for other purposes. proceeded to consider the bill.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.063 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7643 Mr. BRAUN. I ask unanimous con- confidential commercial or financial infor- Mr. BRAUN. I ask unanimous con- sent that the Alexander substitute mation, or other matter described in section sent that the bill be considered read a amendment at the desk be agreed to 552(b) of title 5. third time and passed and the motion ‘‘(b) CONTINUING EDUCATION.—The Sec- that the bill, as amended, be considered retary shall advance education and aware- to reconsider be considered made and read a third time and passed; and that ness among health care providers regarding laid upon the table. the motion to reconsider be considered biological products, including biosimilar bio- The PRESIDING OFFICER. Without made and laid upon the table. logical products and interchangeable bio- objection, it is so ordered. The PRESIDING OFFICER. Without similar biological products, as appropriate, The bill (H.R. 6192) was ordered to a objection, it is so ordered. including by developing or improving con- third reading, was read the third time, The amendment (No. 2716) in the na- tinuing education programs that advance the and passed. ture of a substitute was agreed to, as education of such providers on the pre- f scribing of, and relevant clinical consider- follows ations with respect to, biological products, CIRCULATING COLLECTIBLE COIN (Purpose: In the nature of a substitute) including biosimilar biological products and REDESIGN ACT OF 2020 Strike all after the enacting clause and in- interchangeable biosimilar biological prod- Mr. BRAUN. Mr. President, I ask sert the following: ucts.’’. unanimous consent that the committee SECTION 1. SHORT TITLE. The bill (S. 1681), as amended, was or- on Banking, Housing, and Urban Af- This Act may be cited as the ‘‘Advancing dered to be engrossed for a third read- Education on Biosimilars Act of 2020’’. fairs be discharged from further consid- ing, was read the third time, and eration of H.R. 1923 and that the Sen- SEC. 2. EDUCATION ON BIOLOGICAL PRODUCTS. passed. Subpart 1 of part F of title III of the Public ate proceed to its immediate consider- Health Service Act (42 U.S.C. 262 et seq.) is f ation. amended by adding at the end the following: PROVIDING FOR STAFF TRANSI- The PRESIDING OFFICER. The ‘‘SEC. 352A. EDUCATION ON BIOLOGICAL PROD- TION FOR A SENATOR IF THE clerk will report the bill by title. UCTS. The senior assistant legislative clerk RESULTS OF THE ELECTION FOR ‘‘(a) INTERNET WEBSITE.— read as follows: AN ADDITIONAL TERM OF OF- ‘‘(1) IN GENERAL.—The Secretary may FICE OF THE SENATOR HAVE A bill (H.R. 1923) to amend title 31, United maintain and operate an internet website to States Code, to require the Secretary of the provide educational materials for health NOT BEEN CERTIFIED Treasury to mint and issue certain circu- care providers, patients, and caregivers, re- Mr. BRAUN. Mr. President, I ask lating collectible coins, and for other pur- garding the meaning of the terms, and the unanimous consent that the Senate poses. standards for review and licensing of, bio- proceed to the consideration of S. Res. There being no objection, the com- logical products, including biosimilar bio- mittee was discharged, and the Senate logical products and interchangeable bio- 805, submitted earlier today. similar biological products. The PRESIDING OFFICER. The proceeded to consider the bill. ‘‘(2) CONTENT.—Educational materials pro- clerk will report the resolution by Mr. BRAUN. I ask unanimous con- vided under paragraph (1) may include— title. sent that the Cortez Masto amend- ‘‘(A) explanations of key statutory and The senior assistant legislative clerk ment, which is at the desk, be consid- regulatory terms, including ‘biosimilar’ and read as follows: ered and agreed to; that the bill, as ‘interchangeable’, and clarification regard- A resolution (S. Res. 805) providing for amended, be considered read a third ing the use of interchangeable biosimilar bi- staff transition for a Senator if the results of time and passed; and that the motion ological products; the election for an additional term of office to reconsider be considered made and ‘‘(B) information related to development of the Senator have not been certified. laid upon the table. programs for biological products, including There being no objection, the Senate The PRESIDING OFFICER. Without biosimilar biological products and inter- changeable biosimilar biological products proceeded to consider the resolution. objection, it is so ordered. and relevant clinical considerations for pre- Mr. BRAUN. I ask unanimous con- The amendment (No. 2717) was agreed scribers, which may include, as appropriate sent that the resolution be agreed to to, as follows and applicable, information related to the and that the motion to reconsider be (Purpose: To improve the bill) comparability of such biological products; considered made and laid upon the At the end, add the following: ‘‘(C) an explanation of the process for re- table with no intervening action or de- SEC. 8. COST. porting adverse events for biological prod- bate. No coin or medal minted and issued under ucts, including biosimilar biological prod- The PRESIDING OFFICER. Without this Act, or an amendment made by this Act, ucts and interchangeable biosimilar biologi- objection, it is so ordered. may be sold at a price such that would result cal products; and The resolution (S. Res. 805) was in a net cost to the Federal Government. ‘‘(D) an explanation of the relationship be- The amendment was ordered to be tween biosimilar biological products and agreed to. (The resolution is printed in today’s engrossed and the bill to be read a interchangeable biosimilar biological prod- third time. ucts licensed under section 351(k) and ref- RECORD under ‘‘Submitted Resolu- erence products (as defined in section 351(i)), tions.’’) The bill was read the third time. The bill (H.R. 1923), as amended, was including the standards for review and li- f censing of each such type of biological prod- passed. uct. 1921 SILVER DOLLAR COIN f ‘‘(3) FORMAT.—The educational materials ANNIVERSARY ACT THE CALENDAR provided under paragraph (1) may be— Mr. BRAUN. Mr. President, I ask ‘‘(A) in formats such as webinars, con- unanimous consent that the committee Mr. BRAUN. Mr. President, I ask tinuing education modules, videos, fact on Banking, Housing, and Urban Af- unanimous consent that the applicable sheets, infographics, stakeholder toolkits, or committees be discharged and the Sen- other formats as appropriate and applicable; fairs be discharged from further consid- eration of H.R. 6192 and the Senate pro- ate proceed to the immediate consider- and ation of the following bills en bloc: ‘‘(B) tailored for the unique needs of health ceed to its immediate consideration. care providers, patients, caregivers, and The PRESIDING OFFICER. Without H.R. 3976, H.R. 5597, H.R. 7810, H.R. 5972, other audiences, as the Secretary determines objection, it is so ordered. H.R. 4988, H.R. 5123, H.R. 5451, H.R. 5983, appropriate. The clerk will report the bill by title. H.R. 6418, H.R. 7088, H.R. 7502, H.R. 8611, ‘‘(4) OTHER INFORMATION.—In addition to The senior assistant legislative clerk H.R. 6161, S. 4971, and S. 4857. the information described in paragraph (2), read as follows: There being no objection, the com- the Secretary shall continue to publish— A bill (H.R. 6192) to require the Secretary mittees, where applicable, were dis- ‘‘(A) the action package of each biological of the Treasury to honor the 100th anniver- charged, and the Senate proceeded to product licensed under subsection (a) or (k) sary of completion of coinage of the ‘‘Morgan consider the bills en bloc. of section 351; or Dollar’’ and the 100th anniversary of com- Mr. BRAUN. I ask unanimous con- ‘‘(B) the summary review of each biologi- mencement of coinage of the ‘‘Peace Dollar’’, sent that the bills, en bloc, be consid- cal product licensed under subsection (a) or and for other purposes. (k) of section 351. ered read a third time and passed and ‘‘(5) CONFIDENTIAL AND TRADE SECRET IN- There being no objection, the com- that the motions to reconsider be con- FORMATION.—This subsection does not au- mittee was discharged, and the Senate sidered made and laid upon the table, thorize the disclosure of any trade secret, proceeded to consider the bill. all en bloc.

VerDate Sep 11 2014 11:10 Dec 21, 2020 Jkt 000000 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\RECORD20\DECEMBER\S17DE0.REC S17DE0 ejoyner on DSKJLYS7X2PROD with CONG-REC-ONLINE S7644 CONGRESSIONAL RECORD — SENATE December 17, 2020 The PRESIDING OFFICER. Without WILLIAM ‘JACK’ JACKSON 275 Penn Avenue in Salem, Ohio, as the objection, it is so ordered. EDWARDS III POST OFFICE ‘‘Howard Arthur Tibbs Post Office’’ was or- BUILDING dered to be engrossed for a third reading, was f read the third time, and passed, as follows: ARETHA FRANKLIN POST OFFICE A bill (H.R. 6418) to designate the facility S. 4857 of the United States Postal Service located BUILDING at 509 Fairhope Avenue in Fairhope, Ala- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in A bill (H.R. 3976) to designate the facility bama, as the ‘‘William ‘Jack’ Jackson Congress assembled, of the United States Postal Service located Edwards III Post Office Building’’ was or- at 12711 East Jefferson Avenue in Detroit, dered to a third reading, was read the third SECTION 1. HOWARD ARTHUR TIBBS POST OF- FICE. Michigan, as the ‘‘Aretha Franklin Post Of- time, and passed. (a) DESIGNATION.—The facility of the fice Building’’ was ordered to a third read- f ing, was read the third time, and passed. United States Postal Service located at 275 SENATOR JACK HILL POST OFFICE Penn Avenue in Salem, Ohio, shall be known f BUILDING and designated as the ‘‘Howard Arthur Tibbs Post Office’’. CLARA LUPER POST OFFICE A bill (H.R. 7088) to designate the facility (b) REFERENCES.—Any reference in a law, BUILDING of the United States Postal Service located map, regulation, document, paper, or other A bill (H.R. 5597) to designate the facility at 111 James Street in Reidsville, Georgia, as record of the United States to the facility re- of the United States Postal Service located the ‘‘Senator Jack Hill Post Office Building’’ ferred to in subsection (a) shall be deemed to at 305 Northwest 5th Street in Oklahoma was ordered to a third reading, was read the be a reference to the ‘‘Howard Arthur Tibbs City, Oklahoma, as the ‘‘Clara Luper Post third time, and passed. Post Office’’. Office Building’’ was ordered to a third read- f f ing, was read the third time, and passed. JESSIE FIELD SHAMBAUGH POST MARC LEE MEMORIAL POST f OFFICE BUILDING OFFICE BUILDING TOM REID POST OFFICE BUILDING A bill (H.R. 7502) to designate the facility Mr. BRAUN. Mr. President, I ask A bill (H.R. 7810) to designate the facility of the United States Postal Service located unanimous consent that the Senate of the United States Postal Service located at 101 South 16th Street in Clarinda, Iowa, as proceed to the immediate consider- at 3519 East Walnut Street in Pearland, the ‘‘Jessie Field Shambaugh Post Office ation of H.R. 6016, which was received Texas, as the ‘‘Tom Reid Post Office Build- Building’’ was ordered to a third reading, from the House. ing’’ was ordered to a third reading, was read was read the third time, and passed. The PRESIDING OFFICER. The the third time, and passed. f clerk will report the bill by title. f JOSEPH BULLOCK POST OFFICE The legislative clerk read as follows: MARY ANN SHADD CARY POST BUILDING A bill (H.R. 6016) to designate the facility OFFICE of the United States Postal Service located A bill (H.R. 8611) to designate the facility at 14955 West Bell Road in Surprise, Arizona, A bill (H.R. 5972) to designate the facility of the United States Postal Service located as the ‘‘Marc Lee Memorial Post Office of the United States Postal Service located at 4755 Southeast Dixie Highway in Port Building’’. at 500 Delaware Avenue, Suite 1, in Wil- Salerno, Florida, as the ‘‘Joseph Bullock Post Office Building’’ was ordered to a third There being no objection, the Senate mington, Delaware, as the ‘‘Mary Ann Shadd proceeded to consider the bill. Cary Post Office’’ was ordered to a third reading, was read the third time, and passed. reading, was read the third time, and passed. f Mr. BRAUN. Mr. President, I ask unanimous consent that the bill be f J. HOWARD COBLE POST OFFICE considered read a third time and passed CLARA BARTON POST OFFICE BUILDING and that the motion to reconsider be BUILDING A bill (H.R. 6161) to designate the facility considered made and laid upon the of the United States Postal Service located table. A bill (H.R. 4988) to designate the facility at 1585 Yanceyville Street, Greensboro, The PRESIDING OFFICER. Without of the United States Postal Service located North Carolina, as the ‘‘J. Howard Coble at 14 Walnut Street in Bordentown, New Jer- objection, it is so ordered. Post Office Building’’ was ordered to a third sey, as the ‘‘Clara Barton Post Office Build- The bill (H.R. 6016) was ordered to a reading, was read the third time, and passed. ing’’ was ordered to a third reading, was read third reading, was read the third time, the third time, and passed. f and passed. f JIM RAMSTAD POST OFFICE f SENIOR AIRMAN DANIEL MILLER A bill (S. 4971) to designate the facility of ORDERS FOR FRIDAY, DECEMBER POST OFFICE BUILDING the United States Postal Service located at 18, 2020 229 Minnetonka Avenue South in Wayzata, Mr. BRAUN. Mr. President, I ask A bill (H.R. 5123) to designate the facility Minnesota, as the ‘‘Jim Ramstad Post Of- of the United States Postal Service located fice’’ was ordered to be engrossed for a third unanimous consent that when the Sen- at 476 East Main Street in Galesburg, Illi- reading, was read the third time, and passed, ate completes its business today, it ad- nois, as the ‘‘Senior Airman Daniel Miller as follows: journ until 10 a.m., Friday, December Post Office Building’’ was ordered to a third S. 4971 18; further, that following the prayer reading, was read the third time, and passed. Be it enacted by the Senate and House of Rep- and pledge, the morning hour be f resentatives of the United States of America in deemed expired, the Journal of pro- ceedings be approved to date, the time GEORGE H. BACEL POST OFFICE Congress assembled, for the two leaders be reserved for their BUILDING SECTION 1. JIM RAMSTAD POST OFFICE. (a) DESIGNATION.—The facility of the use later in the day, and morning busi- A bill (H.R. 5451) to designate the facility United States Postal Service located at 229 ness be closed; further, that following of the United States Postal Service located Minnetonka Avenue South in Wayzata, Min- leader remarks, the Senate proceed to at 599 East Genesse Street in Fayetteville, nesota, shall be known and designated as the executive session and resume consider- New York, as the ‘‘George H. Bacel Post Of- ‘‘Jim Ramstad Post Office’’. fice Building’’ was ordered to a third read- ation of the Aenlle-Rocha nomination. (b) REFERENCES.—Any reference in a law, The PRESIDING OFFICER. Without ing, was read the third time, and passed. map, regulation, document, paper, or other objection, it is so ordered. f record of the United States to the facility re- ferred to in subsection (a) shall be deemed to f WOODIE RUCKER-HUGHES POST be a reference to the ‘‘Jim Ramstad Post Of- ADJOURNMENT UNTIL 10 A.M. OFFICE BUILDING fice’’. TOMORROW f A bill (H.R. 5983) to designate the facility Mr. BRAUN. Mr. President, if there of the United States Postal Service located HOWARD ARTHUR TIBBS POST is no further business to come before at 4150 Chicago Avenue in Riverside, Cali- OFFICE fornia, as the ‘‘Woodie Rucker-Hughes Post the Senate, I ask unanimous consent Office Building’’ was ordered to a third read- A bill (S. 4857) to designate the facility of that it stand adjourned under the pre- ing, was read the third time, and passed. the United States Postal Service located at vious order.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G17DE6.068 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — SENATE S7645 There being no objection, the Senate, CLAIMS FOR A TERM OF FIFTEEN YEARS, VICE EDWARD ZACHARY N. SOMERS, OF THE DISTRICT OF COLUMBIA, J. DAMICH, TERM EXPIRED. TO BE A JUDGE OF THE UNITED STATES COURT OF FED- at 7:02 p.m., adjourned until Friday, ERAL CLAIMS FOR A TERM OF FIFTEEN YEARS. ADMINISTRATIVE CONFERENCE OF THE UNITED December 18, 2020, at 10 a.m. STATES f f DANIEL Z. EPSTEIN, OF TEXAS, TO BE CHAIRMAN OF THE ADMINISTRATIVE CONFERENCE OF THE UNITED NOMINATIONS STATES FOR THE TERM OF FIVE YEARS, VICE PAUL R. WITHDRAWAL VERKUIL, RESIGNED. Executive nominations received by Executive Message transmitted by f the Senate: the President to the Senate on Decem- UNITED STATES POSTAL SERVICE CONFIRMATIONS ber 17, 2020 withdrawing from further ROMOLO A. BERNARDI, OF NEW YORK, TO BE A GOV- Executive nominations confirmed by Senate consideration the following ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A TERM EXPIRING DECEMBER 8, 2023, VICE CAROLYN L. the Senate December 17, 2020: nomination: GALLAGHER, TERM EXPIRED. THE JUDICIARY DANIEL Z. EPSTEIN, OF TEXAS, TO BE A JUDGE OF THE THE JUDICIARY UNITED STATES COURT OF FEDERAL CLAIMS FOR A CHARLES EDWARD ATCHLEY, JR., OF TENNESSEE, TO TERM OF FIFTEEN YEARS, VICE EDWARD J. DAMICH, TERRENCE M. ANDREWS, OF CALIFORNIA, TO BE A BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN TERM EXPIRED, WHICH WAS SENT TO THE SENATE ON JUDGE OF THE UNITED STATES COURT OF FEDERAL DISTRICT OF TENNESSEE. FEBRUARY 4, 2020.

VerDate Sep 11 2014 06:44 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00083 Fmt 4624 Sfmt 9801 E:\CR\FM\G17DE6.070 S17DEPT1 dlhill on DSK120RN23PROD with SENATE December 17, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E1167 EXTENSIONS OF REMARKS

SUPPORTING H.R. 1375, THE PRO- when a payment has been made that should IN HONOR OF JAYME ORR RHODES VIDE ACCURATE INFORMATION be reimbursed, consistent with the CMS notice DIRECTLY ACT procedures. This legislation is only intended to HON. JOHN JOYCE provide more information to the settling par- OF PENNSYLVANIA HON. GUS M. BILIRAKIS ties, so that they have the ability to coordinate IN THE HOUSE OF REPRESENTATIVES OF FLORIDA with Part C and Part D Plans earlier if they so Thursday, December 17, 2020 IN THE HOUSE OF REPRESENTATIVES choose. Congress has afforded CMS 18 months to Mr. JOYCE of Pennsylvania. Madam Speak- Thursday, December 17, 2020 er, I rise today to recognize Jayme Orr implement this law and urges CMS to move Rhodes of Blair County, Pennsylvania for her Mr. BILIRAKIS. Madam Speaker, I rise with all deliberate speed to both implement its service to Pennsylvania’s 13th Congressional today in support of H.R. 1375, the Provide Ac- own system changes and coordinate with all District on the 2020 U.S. Service Academy curate Information Directly (or PAID) Act which Primary Plans throughout the implementation includes an important provision amending the Nomination Committee. process. Regular communication and coordi- Nominating exceptional candidates to attend Medicare Secondary Payer Act. That provision nation will be critical to ensuring that Primary our nation’s service academies is one of my facilitates expanded communication between Plans are aware of the data exchange require- most important responsibilities in Congress. the Medicare program and insurers and self- ments that CMS plans to implement, and to During this process, I rely on members of the insured entities settling liability, no-fault, and ensure that Primary Plans are prepared as Service Academy Nomination Committee, workers’ compensation claims with Medicare quickly as possible to utilize the data CMS will which is comprised of dedicated volunteers beneficiaries who may be covered by a Medi- be providing under this law. By involving all who have served our nation with distinction. care Advantage (Part C) Plan or Medicare stakeholders throughout the implementation Jayme is one of nine academy alumni who Prescription Drug (Part D) Plan. This is impor- process, CMS can implement our intention graciously volunteered their time to meet with tant for Medicare beneficiaries, who today re- that the needed Plan identity information be and evaluate perspective nominees for the solve claims around a car crash or a slip and available for parties to coordinate benefits as Class of 2025. As a graduate of the United fall, but because of the way the law works can quickly as possible. States Military Academy in West Point, New later be sued by a Medicare Advantage Plan I urge my colleagues to support this fix. York, Jayme knows firsthand the qualities and for repayment. It has happened before—the dedication that are critical for succeeding at PAID Act will fix that problem and allow bene- f the academies. She provided wise counsel ficiaries to sleep at night knowing that they URBAN FARMING and expertise throughout the nominating proc- have fully resolved their claims. ess, and I am grateful for her time and com- Congress amended the MSP statute in 2007 mitment. through Section 111 of the MMSEA to require HON. KWANZA HALL Jayme Orr Rhodes is an outstanding Penn- parties to a dispute (known as ‘‘Primary OF GEORGIA sylvanian and American, as well as an excel- Plans’’) to report settlements, judgments and IN THE HOUSE OF REPRESENTATIVES lent role model for future academy students. awards to Medicare, called ‘‘Section 111 Re- On behalf of the 13th District of Pennsylvania, ports.’’ That allowed Medicare to seek recov- Thursday, December 17, 2020 it is my honor to recognize Jayme for her ery from settling parties under the Act when Mr. HALL. Madam Speaker, I rise today to service to our community and our nation. Medicare paid for health care because other speak on the importance of urban farming. f payment was not available or reasonably ex- Urban Farming first had its start during pected to be available. While that program has EAGLE SCOUTS World War II where it supplied over 40 percent been successful for the Medicare fee-for-serv- of produce. ice program, where the Center for Medicare But in recent days, it is making a comeback, HON. NEAL P. DUNN and Medicaid Services (CMS) has the claims OF FLORIDA and just in time. As our population grows, it is data for recovery, it has not been as success- IN THE HOUSE OF REPRESENTATIVES unrealistic to expect that urban farming will ful for the Part C and Part D programs, where Thursday, December 17, 2020 CMS does not have the Part C and Part D meet all of our food needs. claims data and cannot recover for payments But, it will most certainly make a dent. But Mr. DUNN. Madam Speaker, I rise today to that have been made. To compound the prob- it will also do other things. It will encourage recognize three exceptional students from lem, settling parties are often unable to iden- healthier diets, which is a much-needed skill Florida’s Second Congressional District who tify the correct Part C or Part D plan to be for many in urban areas, who often resort to will soon earn the esteemed Eagle Scout rank. Corey Phelps and Sean Farnsley, of Port able to coordinate benefits should they choose fast food and other conveniences of big city St. Joe, Florida, recently completed their com- to do so. The PAID Act closes that critical in- life. munity service projects to meet the require- formation gap, by having CMS communicate It will also do must erode the large caloric diets that many in cities follow. Urban farming ments for the Eagle Scout rank. the Part C and Part D plan identification to Sean’s Eagle project was to build a butterfly settling parties in response to a Section 111 also bolsters local communities by bringing folks together, which itself foster greater col- garden and reflecting area at the Constitution Report. CMS has that data and can provide it. Convention Museum State Park in Port St. Congress is aware that for the last eight laboration and understanding of other people. It can deliver produce at a lower cost, leav- Joe. years CMS has provided all Section 111 Re- Corey’s project was to build a flag deposit ing families to spend on other costs of living, ports to the Part C and Part D Plans, and box out of steel for the John C. Gainous Vet- like housing. Congress expects that CMS will continue to erans of Foreign Wars Post 10069. do so after this legislation is enacted. Further, It can also be good for the environment, as This is the first time in Troop 347’s exist- the existing MSP statute and regulations im- it can reduce CO2 emissions attendant with ence that two scouts have become members pose specific requirements on CMS, and on transporting food from faraway farms to urban of the 2020 Gulf Coast Council Eagle Class. Part C and Part D Plans, to pay for claims in centers. It has also been approximately twenty-four some situations, to not pay for claims in other And, it can also be another source of minor- years since Port St. Joe has had its last Eagle situations, and to pursue recovery of claims ity entrepreneurship by encouraging ownership Scout. when appropriate. Nothing in this legislation is of these farming centers with those who live in But they weren’t the only ones making his- intended to change any of those obligations or the buildings where the food is grown. tory. requirements, and Congress expects Part C There are many benefits to this practice and Macey Hartman of Chiles High School in and Part D Plans to continue to seek recovery I hope that we can take advantage of them in Tallahassee, Florida will be a part of the na- of claims by timely notifying settling parties the days ahead. tional inaugural class of female Eagle Scouts.

∑ 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 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.001 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS E1168 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2020 During the Halloween weekend, Macey Ernestine S. Gray who served as a judge in free grocery shopping service is designed to completed her Eagle Scout community service the Orleans Parish Juvenile Court in New Or- accommodate those who are project, where she built four benches along leans for over 35 years. immunocompromised and advised to stay at the 1.75-mile Centerville Pedway in Tallahas- A native of South Carolina, Judge Ernestine home to prevent exposure to COVID–19. So see. S. Gray was educated in Orangeburg before far, the group has delivered over 7,000 items She will join the first wave of young women graduating from Spelman College in 1971 and to various seniors in the community, with any to achieve the highest scouting rank. Louisiana State University Law Center in tips received for their services donated to the These students are making great strides to- 1976. Prior to her election to the Orleans Par- San Diego COVID–19 Community Response wards bright futures. ish Juvenile Court, Judge Gray was involved Fund. I commend them for taking on this challenge in private practice. During her career in public While the pandemic continues to impact our and for giving back to their communities. service she worked in the Louisiana Attorney communities in North County San Diego and f General’s office focusing on antitrust law South Orange County, it is absolutely vital that HONORING THE CAREER OF JUDGE issues and the Equal Employment Opportunity we embrace teamwork and togetherness. I am incredibly encouraged by the enthusiasm and MARTHA WALSH HOOD Commission (EEOC) as a trial attorney. From the beginning of her career, Judge charity of Nolan and his Grocery Grab staff for HON. Gray has dedicated herself to the juvenile jus- rising to the moment on the behalf of those tice system. She demonstrated that commit- CA–49 residents in need. In order to get OF NEW YORK ment through her work at the Baton Rouge through this unprecedented time, it’s important IN THE HOUSE OF REPRESENTATIVES Legal Aid Society where she presided over that we support our most vulnerable neigh- Thursday, December 17, 2020 several family law cases. Judge Gray also bors. I am deeply grateful for Nolan’s service Mr. KATKO. Madam Speaker, I rise today to held various president level positions at the to our District, and I am proud to recognize honor the career of Judge Martha Walsh National Council of Juvenile and Family Court him as my Constituent of the Month. Hood, who has been a New York Family Court Judges, National CASA, and the local YWCA f Judge in Onondaga County for 20 years. amongst others. Currently, she serves as the IN HONOR OF ROD EDMINSTON Judge Walsh Hood has been a dedicated pub- president of the Pelican Center for Children lic servant and a strong advocate for Central and Families. New York families throughout her career, and A highly respected public servant, and HON. JOHN JOYCE OF PENNSYLVANIA I am honored to know her. member of Delta Sigma Theta Sorority, Inc., IN THE HOUSE OF REPRESENTATIVES After graduating from Syracuse University Judge Gray is the recipient of numerous College of Law in 1979, Judge Walsh Hood awards including the 2018 American Bar Thursday, December 17, 2020 began a long and respectable career as a law- Foundation Outstanding Service Award, the Mr. JOYCE of Pennsylvania. Madam Speak- yer. In 2000, Judge Walsh Hood was ap- 2013 City Business Leadership in Law Award, er, I rise today to recognize Rod Edminston of pointed as a Family Court Judge for New the 2011 Louisiana Association of Black Blair County, Pennsylvania for his service to York’s fifth judicial district and was subse- Woman Attorney’s Trailblazer Award, the 2008 Pennsylvania’s 13th Congressional District on quently designated as an acting State Su- Honorary Membership for the Louisiana Chap- the 2020 U.S. Service Academy Nomination preme Court Justice. Additionally, she was the ter of the Order of the Coif, the 2004 recipient Committee. Presiding Justice of the Onondaga Integrated of Spirit of Crazy Horse Award Reclaiming Nominating exceptional candidates to attend Domestic Violence Court, which she helped Youth International, the 2002 Albert Elias our nation’s service academies is one of my found, until June of 2005. Award for Advancement of Compassionate most important responsibilities in Congress. Throughout her career, Judge Walsh Hood Care of Troubled Youth, the National Council During this process, I rely on members of the has displayed a strong commitment to pre- on Crime and Delinquency Prevention, and Service Academy Nomination Committee, serving the integrity of the law and advocating the 1995 American Bar Association Franklin which is comprised of dedicated volunteers for the children and families of Central New D. Flaschner Judicial Award. who have served our nation with distinction. York. She has repeatedly demonstrated the Judge Gray had an extraordinary judicial ca- Rod is one of nine academy alumni who strength of her character through her fairness, reer and truly made a substantial impact on graciously volunteered their time to meet with unmatched work ethic, and her dedication to the lives of children and families in New Orle- and evaluate perspective nominees for the public service. During her time at the New ans. We cannot match the sacrifices made by Class of 2025. As a graduate of the United York Family Court, she helped create and or- Judge Gray, but surely we can try to match States Military Academy in West Point, New ganize the annual National Adoption Day cele- her sense of service. We cannot match her York, Rod knows firsthand the qualities and bration in Central New York. Each year on Na- courage, but we can strive to match her devo- dedication that are critical for succeeding at tional Adoption Day, judges from courts tion. the academies. He provided wise counsel and around Central New York volunteer to finalize Madam Speaker, I celebrate the retirement expertise throughout the nominating process, numerous adoptions and celebrate their new of the Honorable Judge Ernestine S. Gray. and I am grateful for his time and commit- families while raising awareness of the thou- ment. f sands of children in foster care. Judge Walsh Rod Edminston is an outstanding Penn- Hood generously volunteers each year to or- RECOGNIZING NOLAN MEJIA AS sylvanian and American, as well as an excel- ganize this important event as a demonstra- CONSTITUENT OF THE MONTH lent role model for future academy students. tion of her commitment to Central New York On behalf of the 13th District of Pennsylvania, families. HON. it is my honor to recognize Rod for his service Outside of her career, Judge Walsh Hood is to our community and our nation. OF CALIFORNIA a dedicated wife to her husband, Paul, and a f IN THE HOUSE OF REPRESENTATIVES loving mother to her two children. Madam Speaker, I ask that my colleagues Thursday, December 17, 2020 IN HONOR OF REP. GREG WALDEN in the House join me in recognizing the distin- Mr. LEVIN of California. Madam Speaker, it guished career of Martha Walsh Hood. A dedi- is my honor to recognize local Carlsbad teen, HON. OF OREGON cated public servant, I wish Judge Walsh Nolan Mejia, as my December Constituent of IN THE HOUSE OF REPRESENTATIVES Hood the best in her retirement. the Month. As the COVID–19 pandemic f spread in our communities, 17-year-old Nolan Thursday, December 17, 2020 HONORING THE RETIREMENT OF saw an opportunity to ease the struggles of Ms. BONAMICI. Madam Speaker, I rise HON. JUDGE ERNESTINE S. GRAY his neighbors and friends. After witnessing his today on behalf of the people of our home own grandparents have nearby family mem- state of Oregon to honor my friend, colleague, HON. CEDRIC L. RICHMOND bers do their grocery shopping, he worried for and fellow Oregon Duck, GREG WALDEN, for those that did not have anyone to do the his twenty-two years of service in the U.S. OF LOUISIANA same for them. House of Representatives. Congressman IN THE HOUSE OF REPRESENTATIVES Feeling inspired by his own family’s kind- WALDEN’s call to service did not start in this Thursday, December 17, 2020 ness, Mejia started the Grocery Grab service. chamber—and it will not end here. GREG WAL- Mr. RICHMOND. Madam Speaker, I rise to Run by himself and a few of his classmates DEN and I share similar paths. We both at- honor the retirement of the Honorable Judge from Sage Creek High School in Carlsbad, the tended the University of Oregon School of

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.004 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS December 17, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E1169 Journalism, and we both began our careers in bias for jurors, or requesting data that shows experience in the recruitment, business and fi- elected office in the Oregon State Legislature. police disproportionately stop and charge Afri- nance fields provided him the skills that would We both started in the Oregon House, we can American’s with obstruction of justice, prove necessary for the challenges he would were both appointed to the Oregon Senate, compared to Caucasians. Ms. Moriarty has eventually face with the Community Enrich- and we both served in leadership there before first-hand seen the disparities that impact our ment Center. joining Congress. community through the legal system and has Established in 1988, Randy joined the orga- Congressman WALDEN was first elected to worked diligently to reform them. nization already in existence, but brought his the U.S. House of Representatives in 1999, To me, Ms. Moriarty represents what the personal and business skills to effectively and his ascent in Congress, in both leadership standard should be for a public : manage and expand the organization’s original positions in his party and on some of our most someone who is committed to their clients and mission to serve Northeast Tarrant County’s powerful committees, brought central, eastern, provides service to the highest of their ability, growing community needs. The area’s ex- and southern Oregon to the table during the someone willing to call out the injustices and panding population brought an ever-increasing most pressing policy debates of the past two inequalities our neighbors endure, and working need for assistance from individuals and fami- decades. Although Congressman WALDEN and to reform them. Ms. Moriarty deserves the up- lies facing homelessness or other forms of I didn’t agree on every vote, we worked to- most admiration for continuing the good fight personal crisis. To address the challenge, gether to find areas of common ground that of improving our justice system, even in the Randy led the acquisition and sale of several helped Oregonians by advancing good poli- face of considerable pushback. properties through debt-free operation and cies. I am grateful for his most recent work to I thank Chief Public Defender Mary Moriarty management of 206 properties. This effort to bring more resources to those with opioid ad- for her service to our community. It has been assist struggling families also involved offering diction, and for our work together on wildfire an honor to work alongside her to make our additional support services including the relief. In this time of great division, I greatly state, country and justice system a better, fair- CEC’s Food Pantry, GED completion classes admire Congressman WALDEN’s lifelong com- er place. and other programs to improve job opportuni- mitment to serving with integrity, honesty, and f ties and wages to move individuals out of pov- humility. He puts pen to paper and does the erty to self-sufficiency. hard work that’s needed to serve his constitu- RECOGNIZING LIZ MCBRIDE This mission expanded significantly with the ents and move our country forward. When I merger of CEC with Open Arms Home, Inc., first joined the Oregon delegation, he wel- HON. RODNEY DAVIS allowing an even greater ability for Randy and comed me with kind words on the House floor OF ILLINOIS his team to aid families in transition. It also ex- and then invited me to the House dining room IN THE HOUSE OF REPRESENTATIVES panded the capacity of CEC to assist victims of domestic violence by providing them the for lunch, a gesture that meant a lot to me as Thursday, December 17, 2020 a new member of Congress. I will miss our time and space necessary to work through chance to catch up on long flights to and from Mr. RODNEY DAVIS of Illinois. Madam their challenges in a healthy and supportive Oregon, and I’II certainly miss having a fellow Speaker, I rise today to recognize one of our environment. Funding these efforts without Duck in the delegation. finest House servants, director of the Office of debt required not only efficient management I offer my congratulations to Congressman Employee Assistance, Liz McBride. Through- skills, but also creative funding. CEC, through WALDEN, as he closes this chapter of his ca- out her nearly thirty-year tenure with the office Randy’s efforts, was successful in securing, reer dedicated to helping others, and I know she has worked tirelessly to meet the needs of and successfully managing, a number of fed- he will continue serving his community and Members, their families, and the staff of the eral grants including Victims of Crime Assist- Oregonians in new ways in the years ahead. U.S. House—often meeting outside of normal ance (VOCA), Other Victim Assistance Grant Best wishes to him and his family. business hours to ensure they received the (OVAG), and HUD Homeless Housing grants. f support they needed. As Director of the office, These grant funds, as well as other funding Liz has gifted the House with a new vision— streams, supported the CEC’s offerings to HONORING MARY MORIARTY expanding confidential counseling and bringing those in need, such as adult literacy programs a new focus to health with the establishment and VITA Free Tax Preparation. HON. of the House Wellness Center. Throughout His service wasn’t limited to his official du- OF MINNESOTA this pandemic, Liz and her office have played ties at the CEC. Mr. Clinton served his fellow IN THE HOUSE OF REPRESENTATIVES an essential role in helping Members and staff North Texans through participation in several work through what has been for many a dif- area boards, including the Northeast Leader- Thursday, December 17, 2020 ficult year. Liz is leaving us with a bright vision ship Forum, Northeast Tarrant Chamber of Ms. OMAR. Madam Speaker, I rise today to for the future and a legacy worth emulating. Commerce, the Northeast Richland Lions honor Mary Moriarty, who embodies what it Her retirement is a genuine loss for us and Club, the Joint Advisory Council for JPS Hos- means to be a public defender. For 30 years, this institution, and I am grateful for her years pital and the United Way Northeast Steering Ms. Moriarty has dedicated herself to the Hen- of dedicated service to our community. Committee. He also shared his personal time nepin County Chief Public Defender’s Office. f and leadership skills as Board Chairman of Her tireless commitment to our community, the Northeast Tarrant Chamber of Commerce, providing quality representation to our most IN RECOGNITION OF RANDY the Texas Homeless Network, Mid Cities marginalized and vulnerable neighbors should CLINTON Pacesetters Rotary, Tarrant County Con- not go unappreciated. tinuum of Care for the Homeless, United Way Ms. Moriarty was appointed Chief Public HON. MICHAEL C. BURGESS Agency Partners and the Saginaw Area Defender in 2014. Her leadership resulted in OF TEXAS Chamber. He was also a founding member of significant reforms, providing ample and often IN THE HOUSE OF REPRESENTATIVES Summer Santa and serves actively at The training to new lawyers, bringing in social Hills Church of Christ as Elder and Class Thursday, December 17, 2020 workers for misdemeanor cases, and requiring Leader. lawyers to have knowledge in forensic science Mr. BURGESS. Madam Speaker, I rise Randy Clinton successfully bridged his per- and DNA analysis. today to honor Randy Clinton, the President & sonal faith and professional skills as a com- An evaluation from the National Center for CEO of the Community Enrichment Center, passionate community steward, leading the State Courts Public Defender’s Office under who will be retiring after 25 years of faithful CEC to offer practical resources, tools and en- Ms. Moriarty’s leadership validated that she leadership of the Tarrant County non-profit. couragement to community members in need. runs one of the best public defender offices in Mr. Clinton received his Bachelor of Science Thanks to his committed engagement, families the country, one that is as successful as a pri- in Education from Abilene Christian University, have found transitional resources to move vate firm. Dr. Brian Ostrom stated this: ‘‘let me where he demonstrated his leadership skills from crisis to stability and break the cycles of say unequivocally that Ms. Moriarty is the through his role as the ACU Band Drum poverty and family violence. Bringing hope to most accomplished, passionate, and articulate Major. After graduation, he initially served as current, and future generations of North Texas public defender I have ever met.’’ Director of Recruiting at Abilene Christian, be- residents, Randy has made an indelible mark In her tenure Ms. Moriarty has been a de- fore his career path took him to Granbury through his service with Community Enrich- voted champion in addressing the racial in- where he opened a restaurant, and then ment Center. On behalf of the 26th Congres- equalities in the justice system: whether that moved to the Dallas-Fort Worth area for a 13- sional District, I wish him and his family the be advocating for more awareness of implicit year career in banking. His varied background same success and fulfillment his efforts over

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.009 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS E1170 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2020 the past quarter decade have enabled for so Academy in Annapolis, Maryland, Bill knows people of the 24th Congressional district the many other families. firsthand the qualities and dedication that are last sixteen years. I wish him, his wonderful f critical for succeeding at the academies. He wife Amy, and their three adorable children, provided wise counsel and expertise through- Allie Ross, Jack, and John all the very best for IMPORTANCE OF HOUSING out the nominating process, and I am grateful the holiday season and a well-earned Con- for his time and commitment. gressional retirement for Brian. HON. KWANZA HALL Bill Ward, Jr. is an outstanding Pennsylva- OF GEORGIA nian and American, as well as an excellent f IN THE HOUSE OF REPRESENTATIVES role model for future academy students. On behalf of the 13th District of Pennsylvania, it is RECOGNIZING THE SERVICE OF Thursday, December 17, 2020 my honor to recognize Bill for his service to JOE KRAUS AND MATT PROUTY Mr. HALL. Madam Speaker, I rise today to our community and our nation. WITH PROJECT VISION speak about the importance of housing. f Housing is a basic human necessity. HON. Across our country, housing affordability is HONORING MY CHIEF OF STAFF OF among the most difficult challenges facing cit- BRIAN THOMAS ies today. IN THE HOUSE OF REPRESENTATIVES The metropolitan Atlanta region is no excep- HON. KENNY MARCHANT Thursday, December 17, 2020 tion. OF TEXAS Mr. WELCH. Madam Speaker, I rise today In 2017, Atlanta was the third fastest grow- IN THE HOUSE OF REPRESENTATIVES to honor Joe Kraus and Matt Prouty for their ing metropolitan region in the U.S. Thursday, December 17, 2020 service to Project VISION of Rutland, If we want to fulfill our most basic promise Vermont. Both Joe and Matt will soon be end- on achieving the American Dream, then we Mr. MARCHANT. Madam Speaker, I rise ing their impressive service to Project VISION must make affordable housing opportunities a today to pay tribute to my first and only Chief after years of success helping Rutland build a reality. of Staff, Brian Thomas. I have had the high better, stronger community. A rule of personal bookkeeping is that you honor of serving in Congress since 2005, and should spend no more than 30 percent of your Brian Thomas has been my right-hand man Formed in 2013 at the height of Rutland’s income on housing. every step of the way on this amazing journey. opioid crisis, Project VISION has celebrated But in many places, that cost is too high. Through the good days and the most difficult two core values since its founding: collabora- For many still, who cannot these rates, we ones, Brian has been a constant professional tion for the greater good and focus on the must make public housing more affordable. and source of wise counsel. I consider myself positives that make Rutland a special commu- In Atlanta, we have a tremendous oppor- very fortunate and blessed to have only had nity. The former Chief of Police for the City of tunity to expedite the redevelopment of vacant one Chief of Staff during my entire service in Rutland, James Baker, spearheaded the cre- public housing sites including: Bowen Homes, the House, and I could not have asked for a ation of Project VISION with the enthusiastic Bankhead Court, Hollywood court, Harris better man for the job than Brian Thomas. support of Mayor Christopher Louras and the Homes, Thomasville, and Jonesboro North Brian will soon retire as the Dean of the Texas Board of Alderman. These leaders recognized and South. Republican Chiefs of Staff, an honor he has that the community’s challenges were not All of these sites have the potential to not held for the last several years. going to be fixed by making more arrests, so only incorporate affordable housing, but the Brian’s service to the people of his home they sought community partners to build real addition of grocery stores in food desserts; state of Texas did not start in my office, as he and substantive change. healthcare facilities, improved access to public worked for our former colleagues Sam John- With passion and hard work, Joe Kraus and transportation; job and commercial centers, son and , in addition to our cur- Matt Prouty have helped Project VISION lead quality schools and parks and greenspace. rent colleague MAC THORNBERRY. Hailing from a diverse coalition of over 300 social and We have seen this model created in other Denver City, Texas and a graduate of health service agencies and organizations, development projects including the Bedford McMurry University in Abilene, Brian never for- who are united in their goal of making Rutland Pines transformation into City Lights, Eastlake, got his Texan roots, though he did do two one of the healthiest, safest and happiest Centennial Place and the newly renovated tours outside of the Texas delegation for Char- places in America. Project VISION’s allies in- Wheat Street Towers. lie Norwood and Chuck Hagel. Brian cele- clude the Rutland Regional Medical Center, The activation of these vacant sites could brates a collective twenty-five years of Con- the Rutland City Police Department, Rutland create thousands of units of affordable hous- gressional service this month, a truly out- City Public Schools, Rutland Regional Plan- ing—ensuring that one’s zip code does not de- standing accomplishment that only a small ning Commission, NeighborWorks, and the termine their economic mobility. number of Congressional staffers ever reach. Southwestern Vermont Council on Aging. f We could not do our jobs without the dedi- In its early years, the coalition concentrated cated service of our staff who are always on treating addiction and substance abuse, re- IN HONOR OF BILL WARD, JR. working behind the scenes. Brian’s advice, ex- ducing crime, and building great neighbor- perience, and especially his hard work, which hoods. Their success was impressive. A sur- HON. JOHN JOYCE often occurs at odd hours of the day and vey conducted in Rutland’s Northwest neigh- OF PENNSYLVANIA night, have all played a large role in helping borhood just three years after Project VISION was founded showed that people felt safer, IN THE HOUSE OF REPRESENTATIVES me best represent the 24th Congressional Dis- trict. had a more trusting relationship with law en- Thursday, December 17, 2020 Brian will be greatly missed by so many forcement, and were proud of their neighbor- Mr. JOYCE of Pennsylvania. Madam Speak- upon his retirement as a Congressional staff- hood. er, I rise today to recognize Bill Ward, Jr. of er. His constant service is something not often Thanks to the work of Joe and Matt, Project Blair County, Pennsylvania for his service to found on the Hill, where frequent transitions VISION continues to grow. It has expanded its Pennsylvania’s 13th Congressional District on are the norm. Throughout his career, Brian work beyond opioid addiction to address larger the 2020 U.S. Service Academy Nomination served as a mentor to staffers in not only my health and welfare issues affecting Rutland. Committee. office, but also to those working for other Most recently, the organization announced Nominating exceptional candidates to attend members. No task was ever too big or too that it would focus on reforming systems that our nation’s service academies is one of my small for Brian, from answering the main line relate to social and racial justice. most important responsibilities in Congress. of the office telephone, to dealing with intense I am proud to say that Rutland’s future is During this process, I rely on members of the negotiations with leadership, Brian was always bright. This is a community that has worked Service Academy Nomination Committee, there for me and his colleagues. I hope that in together to accomplish their common vision of which is comprised of dedicated volunteers the coming years, Brian’s friends and col- a stronger Rutland. My thanks to Joe Kraus who have served our nation with distinction. leagues will continue to ask for his sage ad- and Matt Prouty for stepping forward with en- Bill is one of nine academy alumni who gra- vice—once a hill staffer, always a hill staffer. ergy and commitment to ensure the success ciously volunteered their time to meet with and I congratulate Brian on his remarkable twen- of Project VISION. Their work has made a evaluate perspective nominees for the Class ty-five years of Congressional service and for positive difference that will be felt by genera- of 2025. As a graduate of the U.S. Naval leading my Washington, D.C. office for the tions to come.

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.012 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS December 17, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E1171 HONORING BENJAMIN MILLER were privileged to work with Ben, we thank wishes to her and her family as they celebrate him for his public service; we thank his family her 100th birthday on December 21st. HON. for sharing him with us; and we wish him f OF CALIFORNIA much success and happiness in his future en- IN HONOR OF COLONEL ANDREW IN THE HOUSE OF REPRESENTATIVES deavors. ‘‘COBY’’ SHORT Thursday, December 17, 2020 f Mr. HUFFMAN. Madam Speaker, I rise CELEBRATING IRIS CUMMINGS HON. JOHN JOYCE today on behalf of myself and our former CRITCHELL’S 100TH BIRTHDAY OF PENNSYLVANIA House colleague, the great George Miller. To- IN THE HOUSE OF REPRESENTATIVES gether, we wish to honor Benjamin HON. JUDY CHU Thursday, December 17, 2020 (Ben) Miller who served each of us, and our OF CALIFORNIA country, with distinction for the past eighteen Mr. JOYCE of Pennsylvania. Madam Speak- IN THE HOUSE OF REPRESENTATIVES years. Ben departs the Hill on January 1, 2021 er, I rise today to recognize Colonel Andrew after eight years as my Chief of Staff, and be- Thursday, December 17, 2020 ‘‘Coby’’ Short of Allegheny County, Pennsyl- fore that a decade in Congressman Miller’s of- Ms. JUDY CHU of California. Madam vania for his service to Pennsylvania’s 13th fice where he worked his way up from intern, Speaker, I rise today to recognize and cele- Congressional District on the 2020 U.S. Serv- to Legislative Assistant, to Legislative Director, brate the 100th birthday of one of my constitu- ice Academy Nomination Committee. Nominating exceptional candidates to attend to Deputy Chief of Staff. Throughout the Cap- ents, Iris Cummings Critchell, a remarkable our nation’s service academies is one of my itol and on both sides of the aisle, Ben has woman who has led an extraordinary life. most important responsibilities in Congress. earned the respect, admiration, and affection Iris was born on December 21, 1920, in Los During this process, I rely on members of the of his peers. His tenure in the House is the Angeles, California. She was a competitive Service Academy Nomination Committee, very model of public service. swimmer in her youth and was the U.S. cham- which is comprised of dedicated volunteers When I was first elected to Congress in pion in the 200-meter breaststroke from 1936 2012, I sought out Ben knowing that his tal- who have served our nation with distinction. to 1939. Her hard work and talents led her to Colonel Short is one of nine academy alum- ents, experience and disposition would make represent the United States in the 1936 Olym- him a great Chief of Staff. He exceeded my ni who graciously volunteered their time to pic Games in Berlin. Shortly thereafter, she at- meet with and evaluate perspective nominees highest expectations. He helped me assemble tended the University of Southern California a quality staff team and establish an office cul- for the Class of 2025. As a graduate of the (USC) and graduated in 1941 with a degree in United States Military Academy in West Point, ture that reflects a strong work ethic, a fun physical sciences and mathematics. and collegial environment, and a constant New York, Colonel Short knows firsthand the Interested in aviation from an early age, Iris qualities and dedication that are critical for focus on carrying out our progressive policy was accepted into USC’s first Civilian Pilot agenda and getting things done. Ben never succeeding at the academies. He provided Training Program in 1939. She received her wise counsel and expertise throughout the sought attention or personal recognition; he pilot’s license in 1940 and began work as a just did excellent work, usually behind the nominating process, and I am grateful for his pilot instructor after graduating college. During scenes. time and commitment. WWII, Iris joined the Women’s Auxiliary Like Congressman Miller and myself, Ben Colonel Andrew ‘‘Coby’’ Short is an out- shares a passion for the sustainable manage- Ferrying Squadron (WAFS), which later standing Pennsylvanian and American, as well ment of our natural resources. Throughout his merged into the Women Airforce Service Pi- as an excellent role model for future academy career on the Hill, Ben has been a friend to lots (WASP). She served as a member of the students. On behalf of the 13th District of flora and fauna, a champion of bedrock envi- 6th Ferrying Group out of Long Beach, Cali- Pennsylvania, it is my honor to recognize ronmental laws like NEPA and the Endan- fornia, ferrying planes built in Southern Cali- Colonel Short for his service to our community gered Species Act, and a happy warrior in de- fornia across the country. During her service, and our nation. she flew 27 different types of military aircraft, fense of our great American outdoors and the f people and organizations that passionately nearly 30 types of civilian aircraft, and flew 18 MORRIS BROWN COLLEGE work for its protection. military aircraft as the pilot in command. It was Longtime staffers and outside experts can during her time in the service that she met her attest that Ben is a subject matter guru on husband and fellow military pilot, Howard HON. KWANZA HALL what is arguably the most intricate, combus- Critchell. OF GEORGIA tible, and Byzantine issue of all: California After the War, Iris returned to the University IN THE HOUSE OF REPRESENTATIVES water. Ben understands that California water of Southern California to develop and teach a Thursday, December 17, 2020 curriculum on civilian aviation for returning vet- conflicts sometimes require you to fight, which Mr. HALL. Madam Speaker, To God and is easy enough to do; but he also knows that erans. In 1962, Iris and Howard joined the fac- ulty of Harvey Mudd College, where they Truth. achieving meaningful, durable results requires That is the motto of Morris Brown College. you to do the much harder work of engaging founded the Bates Aeronautics Program, a This is a historic institution which was constructively and solving complex water prob- two-year program to teach undergraduates to founded in 1881 as a private Methodist col- lems. fly. She ran the program with Howard until he lege in Atlanta to educate blacks, just 20 Beyond his policy expertise and legislative retired in 1979 and continued alone until the years after the start of the Civil War. acumen, Ben will be remembered fondly by program ended in 1990 with her retirement, al- Unfortunately, over the last 20 years, the Team Huffman for the human qualities that though she continued to teach aeronautics state of this legendary institution has fallen on were hallmarks of his leadership: honesty, pro- classes until 1996. hard times. fessionalism, kindness of spirit, and the good Among her many honors, Iris was inducted But true to its tradition and the abolitionist humor he brought to work every day. into the National Flight Instructors Hall of mantra to keep going, Morris Brown College Ben is a dedicated husband to Caitlin, and Fame in 2000, awarded the Federal Aviation has developed a plan to come back and be a proud father to Sam and Campbell. For rea- Administration’s Wright Brothers Master Pilot reborn. sons I will never understand, he is also a pas- Award in 2006, and awarded the Nile Gold Madam Speaker, I rise today to urge this sionate fan of the San Antonio Spurs, through Medal of the Fe´de´ration Ae´ronautique Inter- body’s support for this plan in two distinct good times and bad. We forgive him for that. nationale in 2007 for her lifetime of dedication ways. Madam Speaker, the functioning of our leg- to aviation education. First, we should reallocate federal funding islative branch which is so vital to our demo- Although she has been retired for 30 years, for this place of knowledge and of truth and of cratic republic has always depended on Iris continues to be an active member of both God. skilled, dedicated, unheralded congressional the Harvey Mudd College and aviation com- And, we should do what we can to reinvest staffers. For eighteen years, in the most ex- munities, mentoring students and anyone in- in the revitalization of the Atlanta University emplary manner, Ben has provided that es- terested in aviation. She serves as a role Center. sential public service. He has earned the deep model for women aviators and is an inspiration If we do this, then the College can repur- respect of his peers, and my enduring grati- to all with whom she interacts. It is my distinct pose itself to the proud tradition of teaching tude for being such a wonderful Chief of Staff. honor to recognize Iris Cummings Critchell’s the next generation of black scholars the im- On behalf of myself, Congressman Miller, lifetime service to our country, and I ask my portant lessons of business and entrepreneur- and dozens of current and former staffers who colleagues to join me in sending our best ship.

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.017 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS E1172 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2020 In so doing, we can support this next gen- mittee, and would like to honor someone who Assessment of the diversity policies and eration to ensure that the black wealth gap be- played a critical and important role in sup- practices of entities regulated by the agency. gins to narrow and all can realize and take porting me. But this cannot be enough. part in the American dream. For the past two years Chris has served as We must also ensure that legacy banks and f Counsel to the Ranking Member for the House black own banks are sources of capital to sup- Ethics Committee. This is an extraordinary as- SNEADS HIGH SCHOOL port financing of projects for minority commu- signment to accept, and Chris has conducted nities. VOLLEYBALL himself with the highest levels of profes- sionalism and legal scholarly advice. He has We must also ensure that we support the HON. NEAL P. DUNN been integral and pivotal in assisting my fellow MBDA, the Minority Business Development Agency. OF FLORIDA Republican Members of the Ethics Committee IN THE HOUSE OF REPRESENTATIVES and me this Congress. The MBDA is the only federal agency A native of Indiana, Chris has a deep com- tasked with promoting the growth and com- Thursday, December 17, 2020 mitment to public service that has continued petitiveness of minority-owned businesses. Mr. DUNN. Madam Speaker, I rise today to throughout more than three decades of serv- Madam Speaker, if we do this, we in this recognize the outstanding accomplishments of ice in the House of Representatives. A Con- Chamber will ensure that the promise of the the Sneads High School Volleyball program in gressional jack of all trades, immediately prior American Dream is within reach of all who Sneads, Florida. to his service with the Ethics Committee, Chris seek it, especially those groups that have They recently set a new Florida High School served as Legal Counsel to the Clerk of the been historically marginalized. Athletic Association (FHSAA) record by win- House. I am most fortunate that Chris brought ning their eighth straight state championship. his vast experiences and great wisdom to help f This accomplishment was achieved through my fellow Members of the Ethics Committee hard work and excellence. and me during this Congress. IN HONOR OF MICHAEL This dedicated team was made up of the The House Ethics Committee is unique DELGROSSO following Sneads High School students: amongst the committees in this chamber, as it Caleigh Davis, Brooke A. Smith, Jada Cole- is evenly split between the Majority and Minor- HON. JOHN JOYCE man, Lily Glover, Kiara Garrett, Sister Arnold, ity parties. The committee fulfils many key Jade Fitzsimmons, Chloe King, Katelyn roles for the House community in providing OF PENNSYLVANIA Chumly, Taylor-Reese Howell, Janiyah Jones, advice, education, and training to help ensure IN THE HOUSE OF REPRESENTATIVES Aaliyah Baker, Brooke R. Smith, Gabby Bel- proper compliance. Perhaps the most difficult Thursday, December 17, 2020 lamy, and Ella Sprouse. assignment for the Ethics Committee is to The Sneads High School Volleyball program stand in judgment of Members and staffers Mr. JOYCE of Pennsylvania. Madam Speak- is fortunate to have the leadership of their cur- when they are accused of potential wrong- er, I rise today to recognize Michael rent head coach Heather Edge and former doing. It takes a very special staffer to serve DelGrosso of Blair County, Pennsylvania for head coach Sheila Roberts. in this role—someone of the highest integrity his service to Pennsylvania’s 13th Congres- Coach Roberts started this legacy with five and character, coupled with the desire to sional District on the 2020 U.S. Service Acad- consecutive state championships followed by serve in a position that is often met with emy Nomination Committee. Coach Edge raking in three more consecutive unique challenges and high stress. I could not Nominating exceptional candidates to attend championships to break the state record for a ask for a better person than Chris to fulfill this our nation’s service academies is one of my total of eight consecutive state championship essential role for me and the greater House most important responsibilities in Congress. wins. community. During this process, I rely on members of the Congratulations to the Sneads High School Chris has earned himself a well-deserved Service Academy Nomination Committee, Lady Pirates on this outstanding accomplish- retirement at the conclusion of this Congress. which is comprised of dedicated volunteers ment. However, knowing Chris, I know he won’t sit who have served our nation with distinction. I know that they make their hometown of still for long and I wish him all the very best Michael is one of nine academy alumni who Sneads and the Jackson County School Dis- for his continued service and new endeavors. graciously volunteered their time to meet with trict very proud. I ask for all of my colleagues to join me in and evaluate perspective nominees for the thanking Chris Donesa for his service to the f Class of 2025. As a graduate of the U.S. House Ethics Committee. PERSONAL EXPLANATION Naval Academy in Annapolis, Maryland, Mi- f chael knows firsthand the qualities and dedi- HON. STEVE KING IMPORTANCE OF MINORITY AND cation that are critical for succeeding at the academies. He provided wise counsel and ex- OF IOWA WOMEN OWNED BUSINESSES pertise throughout the nominating process, IN THE HOUSE OF REPRESENTATIVES HON. KWANZA HALL and I am grateful for his time and commit- Thursday, December 17, 2020 ment. OF GEORGIA Michael DelGrosso of Blair County is an Mr. KING of Iowa. Madam Speaker, I was IN THE HOUSE OF REPRESENTATIVES unable to vote on December 16, 2020 due to outstanding Pennsylvanian and American, as not being in DC. Had I been present, I would Thursday, December 17, 2020 well as an excellent role model for future have voted as follows: YES on Roll Call No. Mr. HALL. Madam Speaker, I rise today to academy students. On behalf of the 13th Dis- 242. speak to the importance of Minority and trict of Pennsylvania, it is my honor to recog- f Women owned businesses. nize Michael for his service to our community During the Obama Administration, this body, and our nation. HONORING CHRIS DONESA, COUN- together with our colleagues across the Cap- SEL TO THE RULEMAKING MEM- itol, passed Dodd-Frank—legendary financial f BER FOR THE HOUSE ETHICS reforms in the wake of the great recession. COMMITTEE One of the key parts of this legislation was PERSONAL EXPLANATION Section 342, the office of minority and Women HON. KENNY MARCHANT inclusion. The law ensured the eventual devel- HON. PETE OLSON OF TEXAS opment of standards for the following areas: OF TEXAS IN THE HOUSE OF REPRESENTATIVES Equal employment opportunity and the ra- cial, ethnic, and gender diversity of the work- IN THE HOUSE OF REPRESENTATIVES Thursday, December 17, 2020 force and senior management of the agency; Thursday, December 17, 2020 Mr. MARCHANT. Madam Speaker, I rise Increased participation of minority-owned today to pay special tribute to a long-standing and women-owned businesses in the pro- Mr. OLSON. Madam Speaker, due to a fam- Capitol Hill veteran, Chris Donesa. For this grams and contracts of the agency, including ily matter, I was unable to make votes on 12/ Congress, I have had the honor of serving as standards for coordinating technical assistance 16/20. Had I been present, I would have voted Ranking Member for the House Ethics Com- to such businesses; and YEA on Roll Call No. 242.

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.020 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS December 17, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E1173 HONORING RECIPIENTS OF THE IN- Bryce Jensen is the Director of the World shop has turned into an opportunity to re- NOVATION AND ADAPTATION Theatre of Kearney. His adaptability, espe- shape the meaning of community. When they RECOGNITION cially during the pandemic, demonstrates his purchased the building they now call commitment to his community. Though the or- Handlebend, their goal was to create a com- HON. ADRIAN SMITH ganization he operates, the World Theatre, munity of small businesses under one roof OF NEBRASKA was closed due to the pandemic, his outside and welcome the community with open arms IN THE HOUSE OF REPRESENTATIVES of the box thinking inspired him to create, to come and enjoy a mule, coffee, or gather through strategic community collaborations, a and with friends and family. Though the Thursday, December 17, 2020 World Theatre drive-in. Not only did this en- Coronavirus pandemic has caused the Mr. SMITH of Nebraska. Madam Speaker, sure the World Theatre could still bring respite Handlebend community to adapt their ap- today I honor nine individuals and businesses to many during these trying times, but it re- proach, their dream to create an innovative from Nebraska’s Third District for receiving the stored a drive-in movie experience to the experience for the O’Neill community con- Innovation and Adaptation Recognition. Kearney region, reminding many of the happy tinues. Throughout the 75 counties of the Third Dis- memories of their youth. I am proud to honor these individuals today, trict, Nebraskans know our communities grow Kirk Zeller grew up in the community of Ra- and I thank them for their many contributions when individuals step up: helping their neigh- venna, Nebraska. After high school, he at- to Nebraska. bors, being involved, and creating opportuni- tended university and later worked in the med- f ties for themselves and others. ical field in Japan, Europe, and the United In August, I called for nominations as part of RECOGNIZING LIEUTENANT States. Eventually, Kirk returned to his home- COMMANDER CAMERON MASSEY a new initiative to acknowledge the contribu- town of Ravenna to raise his family. Since re- tions of individuals, organizations, and those turning to Ravenna, he has turned the former who are working every day to improve and Carnegie library into an entrepreneurship cen- HON. JOE COURTNEY help their communities in the current environ- ter, purchased a downtown building and ren- OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES ment. ovated the upper story apartments, and re- Billy Estes is the Executive Director of the cently directed a movie in Ravenna and Los Thursday, December 17, 2020 Midwest Theater of Scottsbluff. Midwest Thea- Angeles which premiered at the Kearney Mr. COURTNEY. Madam Speaker, I rise ter’s programming, which includes live per- World Theatre’s drive-in, all while working on today to honor Lieutenant Commander Cam formances, orchestras, and concerts, makes bringing new medical products to the market. Massey, United States Navy, on his service as an important contribution to the cultural and He is a great story of returning to rural Ne- a legislative fellow in my Washington, D.C. of- social experiences of Nebraska’s panhandle. braska and reinvesting in the community. fice this year. Cam has played a critical role When the Coronavirus pandemic reached Dick Cochran of Kearney founded the non- this year supporting my work on the House western Nebraska, under the guidance of Mr. profit Hot Meals USA in October 2017. By Armed Services Committee and representing Estes, the Midwest Theater partnered with the February 2018, he signed a memorandum of the proud Navy community in Eastern Con- Legacy of the Plains Museum to create the understanding with the American Red Cross to necticut. Skyview Drive-in Movie Theater. As the pan- call on him for assistance in wildfires, floods, As Chairman of the House Armed Services demic progressed, this venture proved so pop- tornadoes, and other disasters. Every time Subcommittee on Seapower and Projection ular they outgrew their location and had to Dick and Hot Meals USA are called upon, no Forces, I have the high honor of overseeing move to larger accommodations. Thanks to less than 150 volunteers have supported the much of our nation’s Navy, Marine Corps, and the creativity and leadership of Mr. Estes, in program. Since their inception, the policy has various Air Force programs. This year, as our spite of the pandemic, the Midwest Theater been to feed anyone, no questions asked. In subcommittee considered how best to fund has continued to thrive throughout 2020. just over three years, they have provided more critical shipbuilding programs, revitalize our Grand Central Foods of York is owned by than 155,000 meals across the country. nation’s sealift, and Navy and Marine Corps the Warren Thomas family. Mr. Thomas prides John McCoy is the CEO of Orthman Manu- readiness across the INDOPACOM, Cam pro- himself on his commitment to the York com- facturing of Lexington. He embraced the op- vided critical insight and guidance into how munity. In ‘‘normal’’ times, Warren and the portunity to help feed families who come from our subcommittee could best provide the re- Grand Central Team are the first to ask where a poverty background in the Lexington area. sources and platforms that our Sailors and they can help with a project or how they can When he first brought Hot Meals USA to the Marines need to achieve mission success. partner on events. The selflessness shown by community, Orthman Manufacturing partnered Cam has also seized the initiative in a vari- everyone at Grand Central is a testament to with the Lexington Community Foundation and ety of areas beyond naval affairs. He worked the example of their ownership. Within a few others to provide over 1,000 hot meals weekly to craft an amendment to this year’s NDAA days of the pandemic’s arrival to York, Warren to families. He then made feeding the commu- that would prioritize the sourcing and proc- purchased a second grocery delivery van and nity a priority as he and his employees took essing of rare earth minerals from the United expanded his service to the entire community. the lead to distribute USDA food boxes. When States and our allies to strengthen our na- Because Warren believes in positive reinforce- schools reopened in August, John was there tional security supply chains. He has also ment, he encouraged his customers to wear a for the community again. He donated 3,700 served as the staff-lead for the Friends of Aus- mask while in his store by offering a 5 percent masks to Lexington Public Schools to make tralia Caucus, of which I serve as co-chair, en- discount on their purchases. He is an active sure no student was unprepared for their suring that the ties between our countries re- member of many community groups, and his school experience. John’s actions represent main as strong as ever as we recently cele- passion and commitment to his community are his commitment to all members of the Lex- brated more than 100 years of mateship. unmatched. ington community. Cam’s adaptability was put to a severe test Alyssa Cochnar of Crete is the leader of Anthony May of Hastings is an entre- this year with the onset of the COVID–19 Gold Star Martial Arts of Crete and Seward. At preneur. When the pandemic forced the tap- global pandemic, which completely altered the 26 years old, she is already a 5th-degree room of Steeple Brewery Anthony co-owns to normal operations of our subcommittee. Cam black belt, chief instructor, and co-owner of close, he quickly responded. Collaborating was able to work remotely, and performed all the martial arts facility. When directed health with Wave Pizza Company, the brewery’s res- his assignments without a hitch. measures forced Gold Star to close in-person taurant partner, he developed a community Cam’s work ethic, character, humor, intel- training classes, she spearheaded the process delivery program, which eventually offered ligence, and first-hand experience when it of creating online modules for her students to their products to 21 communities in south-cen- comes to nuanced naval affairs made an im- continue their training independently. Before tral Nebraska. This innovative program en- mediate impact on my office and I know their long, she began offering Zoom Classes to pro- sured many Nebraskans, whose communities absence will be felt with the same immediacy. vide her students with another safe and flexi- either do not have a grocery store or now Cam and his family have made tremendous ble option to continue their training and ex- lacked a local place to eat due to the pan- sacrifices for our nation, traveling around the plore expanded experiences to encourage demic restrictions, had ready access to an world with the fleet. They’ve uprooted their healthy eating habits and socialization while easy to use food delivery program. family nearly a dozen times in just as many social distancing. I commend her positive atti- Matt Dennis and Michael Stepp are more years. We’re grateful that they’ve landed close tude and commitment to an enriching edu- than small-town business owners; they are to Washington for the time being and thank cational experience for all her students, re- master storytellers with a dream. What began them for always answering our nation’s call gardless of their experience level. as two friends making copper mugs in an old without hesitation.

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.027 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS E1174 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2020 Madam Speaker, the Navy’s legislative fel- forget the Postal workers who deliver more from law school, Chief Justice Johnson served lowship program is an invaluable effort that than 155 billion pieces of mail per year. as the Managing Attorney of the New Orleans benefits members of the House and Senate For their work and commitment this season, Legal Assistance Corporation (NOLAC). In with the insight of junior officers who like Cam, and every holiday season, I support overtime that role she provided legal services to over bring real world experience from military duty. pay. 3,000 clients in underprivileged communities. I can honestly say I have learned a great deal It’s time to revisit the idea of mandatory In an effort to help improve civil rights for from Cam’s insights based on his training and overtime and propose a measure that will pro- underrepresented communities, Chief Justice experience. That has also been the case for vide automatic overtime to workers who ex- Johnson also worked in federal, state, and ju- each of his predecessors that my office has tend their time beyond eight hours a day dur- venile courts. In 1981, she joined the New Or- had the opportunity to host. I also enjoy ing the holiday season. leans City Attorney’s Office and later became watching through their eyes the workings of f a Deputy City Attorney for the City of New Or- Congress, which I’ve come to know from end leans. She also served as a supervisor for the of year debriefs, greatly expanded their under- IN HONOR OF EDWARD MOE litigations and appeals involving agencies of standing of the legislative branch of govern- the City of New Orleans. ment. This recurring process that the fellow- HON. JOHN JOYCE In 1984 Chief Justice Johnson was elected ship program fosters, strengthens civilian-mili- OF PENNSYLVANIA as the first woman to serve on the Civil District tary understanding for future leaders of the IN THE HOUSE OF REPRESENTATIVES Court of New Orleans. Six years later she was easily re-elected and faced no opposition. In greatest military in the world, which I believe Thursday, December 17, 2020 is so important to our democracy. 1994, she was elected by her peers to ascend Cam is leaving Congress but he isn’t going Mr. JOYCE of Pennsylvania. Madam Speak- to Chief Judge. Shortly after, she was elected far and will be serving as an Operations Offi- er, I rise today to recognize Edward Moe of to serve on the Louisiana Supreme Court cer at the National Joint Operations & Intel- Adams County, Pennsylvania for his service to where she would ultimately be re-elected in ligence Center, Operations Team Five. I know Pennsylvania’s 13th Congressional District on 2000 and 2010 with no opposition. In 2013, his expertise and humor will be deeply missed the 2020 U.S. Service Academy Nomination she became Chief Justice of Louisiana’s high- by both my personal staff and Seapower staff. Committee. est court. Our nation is best served at sea and here Nominating exceptional candidates to attend Not only has Chief Justice Johnson been in- on shore by officers and leaders of the highest our nation’s service academies is one of my strumental on the Court, she has also been a caliber. This perfectly describes Cam, who has most important responsibilities in Congress. pillar of her community. She has served in a promising career ahead as a commander During this process, I rely on members of the several leadership roles including as an Exec- and leader in service to our nation. On his Service Academy Nomination Committee, utive Committee Member of the National final month here in Congress, I wish LCDR which is comprised of dedicated volunteers Alumnae Association of Spelman College, as Massey the best of luck in his new role. To who have served our nation with distinction. the Chair of the New Orleans Chapter of the Cam, his wife Cassidy, their children Avery Edward is one of nine academy alumni who Southern Christian Leadership Conference, and Colin, Hotty Toddy and War Eagle. Fair graciously volunteered their time to meet with and as a Member of the Board of Directors of winds, and following seas, Massey Family. and evaluate perspective nominees for the the Young Women Christian Association, amongst others. f Class of 2025. As a graduate of the U.S. Mer- chant Marine Academy in Kings Point, New Chief Justice Johnson is also the recipient PERSONAL EXPLANATION York, Edward knows firsthand the qualities of numerous awards including the 2020 Na- and dedication that are critical for succeeding tional Association of Women Judges Lady HON. MARTHA ROBY at the academies. He provided wise counsel Justice Award, the National Bar Association Judicial Council’s 2019 William H. Hastie OF ALABAMA and expertise throughout the nominating proc- Award, the National Bar Association’s 2019 IN THE HOUSE OF REPRESENTATIVES ess, and I am grateful for his time and com- mitment. Gertrude E. Rush Award, and Louisiana State Thursday, December 17, 2020 Edward Moe is an outstanding Pennsylva- University’s 2013 Rev. Dr. Martin Luther King Mrs. ROBY. Madam Speaker, I was unable nian and American, as well as an excellent Unsung Hero Award. Additionally, she was in- to vote on Wednesday, December 16, 2020. role model for future academy students. On ducted into the National Bar Association and Had I been present I would have voted as fol- behalf of the 13th District of Pennsylvania, it is Louisiana State University Law Center Halls of lows: my honor to recognize Edward for his service Fame. YEA on Roll Call No. 244. to our community and our nation. Chief Justice Johnson is a treasure to the city of New Orleans and the state of Lou- f f isiana. As the first African American Chief Jus- UNITED STATES POSTAL SERVICE HONORING THE RETIREMENT OF tice of the Louisiana Supreme Court, Chief CHIEF JUSTICE BERNETTE JOSH- Justice Johnson is a trailblazer whose judicial HON. KWANZA HALL UA JOHNSON career and dedication to public service is unrivaled. I am grateful for her service in the OF GEORGIA fight for justice and equality. IN THE HOUSE OF REPRESENTATIVES HON. CEDRIC L. RICHMOND Madam Speaker, I celebrate Chief Justice OF LOUISIANA Thursday, December 17, 2020 Bernette Joshua Johnson on her retirement IN THE HOUSE OF REPRESENTATIVES Mr. HALL. Madam Speaker, I rise today to from the Louisiana Supreme Court. speak about the importance of the United Thursday, December 17, 2020 f States Postal Service. Mr. RICHMOND. Madam Speaker, I rise to GREATER PITTSBURGH The Postal Service is an integral institu- honor the retirement of Chief Justice Bernette COMMUNITY FOOD BANK tion—so integral that its presence in our nation Joshua Johnson who serves as the Louisiana is mandated in our founding charter. Supreme Court 25th Chief Justice. She is the The United States Postal Service is so second female Chief Justice and the Court’s HON. MICHAEL F. DOYLE OF PENNSYLVANIA deeply ingrained in our nation’s history, com- first ever African American Chief Justice. IN THE HOUSE OF REPRESENTATIVES merce, and quality of life, that we can often A native of Donaldsville, Louisiana, Chief take it for granted. Justice Johnson graduated from Spelman Col- Thursday, December 17, 2020 In fact, their role in our country’s democracy lege in 1964 and became one of the first Afri- Mr. MICHAEL F. DOYLE of Pennsylvania. was never more evident than in this last elec- can American women at Louisiana State Uni- Madam Speaker, I rise today to inform my col- tion. versity Law Center to earn her Juris Doctorate leagues that this year is the Greater Pittsburgh This year in addition to delivering our pre- Degree in 1969. Community Food Bank’s fortieth anniversary, scriptions and packages, they also delivered During the 1960’s Chief Justice Johnson and I would like to formally commemorate our ballots and made sure our voices were worked as a community organizer with the Na- their four decades of service to the people and heard. tional Association for the Advancement of Col- communities of Pittsburgh. Over the past forty They are the unsung heroes. ored People (NAACP) Legal Defense and years, the Greater Pittsburgh Community Food During this holiday season, as we all await Education Fund and at the U.S. Department of Bank has become an integral part of our re- packages to give to our loved ones, let us not Justice’s Civil Rights Division. After graduating gion by providing thousands of neighbors and

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.028 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS December 17, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E1175 friends with the food support they need when construction of the new Fire Station 1 and ren- Class of 2025. As a graduate of the U.S. they need it most. ovations to the existing fire stations. His lead- Naval Academy in Annapolis, Maryland, Todd The food bank was established in Pitts- ership helped secure approval of the Town’s knows firsthand the qualities and dedication burgh’s Hill District at a time of painful change first Crime Control & Prevention District, and that are critical for succeeding at the acad- for our region, when the unemployment rate arrange regional partnerships with neighboring emies. He provided wise counsel and exper- rose to almost 20 percent and the need for cities, including 911 dispatch, jail, municipal tise throughout the nominating process, and I food assistance surged. Over the years, the court and animal control services that served am grateful for his time and commitment. Greater Pittsburgh Community Food Bank has to meet community needs in a creative and Todd Alexander is an outstanding Penn- expanded to the point where today it works cost-savings manner. sylvanian and American, as well as an excel- with hundreds of partner agencies in an 11- Mr. McGrail’s service reached beyond Pub- lent role model for future academy students. county area distributing millions of pounds of lic Safety to build and improve a number of On behalf of the 13th District of Pennsylvania, food to those who need it. other important municipal facilities and public it is my honor to recognize Todd for his serv- The organization’s work has never been assets. Early in his public life, he celebrated ice to our community and our nation. more important than in 2020, as COVID–19 the opening of Keller’s Town Hall as Council- has spread rapidly across the country, dev- man McGrail, the first of many facilities he f astating our economy and leaving tens of mil- would help deliver first-hand. Keller’s Munic- lions of hard-working Americans unemployed. ipal Service Center and Public Library were IN APPRECIATION OF MILAGROS As a result, many Americans who had been two additional high-profile investments made CISNEROS’ WORK WITH THE living paycheck to paycheck before the pan- during his service to the community, He was HOUSE JUDICIARY COMMITTEE demic were suddenly unable to afford their also among the critical Town leadership estab- next meal. According to the Food Bank, food lishing The Keller Pointe fitness and aquatics insecurity in Southwestern Pennsylvania in- center and realizing the new Keller Senior Ac- HON. JERROLD NADLER creased 42 percent this year, including a 57 tivities Center with its recent groundbreaking. OF NEW YORK percent increase in childhood hunger. The Additionally, several parks and trails have Food Bank’s response has been nothing short opened or been improved, such as Bear IN THE HOUSE OF REPRESENTATIVES of lifesaving—having distributed more than 30 Creek Park, preserving the natural beauty of Thursday, December 17, 2020 million pounds of food since March. the area and adding to current and future rec- I want to commend the exemplary work that reational opportunities for local citizens. Mr. NADLER. Madam Speaker, today, as the food bank has done this year, and I can Mayor McGrail has led the town through the Chairman of the Committee on the Judici- say unequivocally that many in our community natural and economic challenges, including ary, I join with Representative , would not be able to get through these hard floods, recessions and the current COVID–19 Chair of the Subcommittee on Crime, Ter- times without the remarkable contribution it’s pandemic. Throughout these immediate lead- rorism, and Homeland Security, in expressing made to the region. ership tests, he has remained aware of the our appreciation for Milagros Cisneros’ work My staff and I have worked closely with the Town’s future needs. A long-standing pro- with the Committee over the past two years. Greater Pittsburgh Community Food Bank ponent of road and utility infrastructure invest- Milagros came to us as a detailee from the over many years to support and improve fed- ment, Mr. McGrail has sought to support the Administrative Office of the U.S. Courts, hav- eral anti-hunger programs. I participated in needs demanded of the growing North Texas ing worked for nearly sixteen years as an As- food distribution events recently where I met communities while protecting public and pri- sistant Federal Public Defender in Phoenix, many community members whose lives were vate property from the natural events all well- Arizona, representing indigent clients in fed- markedly improved by this organization’s im- managed Texas communities have learned to eral criminal cases. Prior to starting her career pressive work. The Greater Pittsburgh Com- expect. as a public defender, Milagros attended Bryn munity Food Bank has been recognized a Through his decades of service, Mayor Mawr College and the Arizona State University number of times over the years for its out- McGrail has experienced the celebrations, sat- College of Law. standing work, including by America’s Second isfaction, frustrations, and sharp elbows all in Harvest, Charity Navigator, the Pennsylvania public service come to know. His vision, per- At the conclusion of her detail to the Com- Association of Nonprofit Organizations, and severance and dedication have left a perma- mittee, she will be resuming her work in the the Congressional Hunger Center. nent mark, supporting and enhancing the qual- Federal Defender’s office in Phoenix, Arizona. I want to commend and congratulate the ity of life to lead Keller to national recognition As counsel to the Committee’s Democrats, Greater Pittsburgh Community Food Bank on among the Best Small Cities in America. On Milagros provided indispensable analysis and its 40th anniversary of outstanding service to behalf of the 26th Congressional District, I advice concerning oversight hearings and a our community. I thank its staff, affiliates, and wish him, his wife Pauline, and his family wide range of proposed legislation concerning volunteers for their tremendous service to the much joy in his next endeavors. Keller is a various issues, such as criminal justice reform, people of Pittsburgh and look forward to con- stronger, better Town because of your service. prison reform, reforming our drug laws, com tinuing to work with them to fight hunger in f batting violence against women, immigration- Southwestern Pennsylvania. related issues, tribal justice issues, and the IN HONOR OF TODD ALEXANDER f federal death penalty. Her works was particu- larly instrumental in obtaining passage of the IN RECOGNITION OF PAT MCGRAIL HON. JOHN JOYCE Effective Assistance of Counsel in the Digital OF PENNSYLVANIA Era Act, the Marijuana Opportunity Reinvest- HON. MICHAEL C. BURGESS IN THE HOUSE OF REPRESENTATIVES ment and Expungement (MORE) Act, and im- portant provisions in the CARES Act and HE- OF TEXAS Thursday, December 17, 2020 IN THE HOUSE OF REPRESENTATIVES ROEs Act to protect incarcerated individuals Mr. JOYCE of Pennsylvania. Madam Speak- from the COVID–19 pandemic. Thursday, December 17, 2020 er, I rise today to recognize Todd Alexander of As the Committee continued its effort to re- Mr. BURGESS. Madam Speaker, I rise Fulton County, Pennsylvania for his service to form our criminal justice system, Milagros’ ex- today in recognition of Pat McGrail as he con- Pennsylvania’s 13th Congressional District on perience as a federal defender informed our cludes over twenty years of public service, re- the 2020 U.S. Service Academy Nomination legislative and oversight efforts, particularly tiring as the longest-serving Mayor in the his- Committee. with respect to issues related to the Depart- tory of Keller, Texas. Nominating exceptional candidates to attend ment of Justice’s implementation of the FIRST Mayor McGrail’s tenure prioritized a broad our nation’s service academies is one of my STEP Act. spectrum of accomplishments to build commu- most important responsibilities in Congress. nity and enhance Keller’s overall quality of life. During this process, I rely on members of the We have appreciated and benefited from Mr. McGrail’s Public Safety initiatives helped Service Academy Nomination Committee, Milagros’ energy, enthusiasm, and insight over Keller earn national accreditation and honors, which is comprised of dedicated volunteers the past two years, during which she became including consistent recognition as one of the who have served our nation with distinction. an integral part of our team. We will miss her. safest communities in the country. These ef- Todd is one of nine academy alumni who We thank Milagros for her selfless service to forts included expansion of the Police station graciously volunteered their time to meet with the Committee, and we wish her the best as and the outdoor warning system, as well as and evaluate perspective nominees for the she continues her career.

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.033 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS E1176 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2020 SUPPORTING PRINCE HALL MA- Thanks to Mom and Dad. The Department of Energy National Labs SONS BUILDING AND MARTIN I also want to take this opportunity to ex- Jobs ACCESS Act; The Map Improvement Act; LUTHER KING’S OFFICE RENOVA- press my gratitude to Speaker PELOSI, Major- TION IN HONOR JOHN LEWIS The Cerros del Norte Conservation Act; ity Leader HOYER, and Whip CLYBURN and The Rio Puerco Watershed Management countless other members for their guidance Program Reauthorization Act; HON. KWANZA HALL and mentorship during my career in the House The San Juan County Settlement Imple- OF GEORGIA and during the last two years that I’ve served mentation Act; The Santa Clara Pueblo Leasing Authority IN THE HOUSE OF REPRESENTATIVES as the Assistant Speaker. I thank my colleagues on both sides of the Act; Thursday, December 17, 2020 aisle for their friendship and support. The Support Startup Business Act; Mr. HALL. Madam Speaker, I rise today to And I thank the freshman members who I The Child Health Outreach and Mentorship Program Act; speak a truth. have had the honor of working with mentoring The Opioid and Heroin Abuse Crisis Invest- And that truth is quite simple. during the 116th Congress. During a difficult ment Act of 2017; I stand on the shoulders of giants. time in our nation’s history, their commitment The Broadband Infrastructure Inventory I hail from Atlanta which is the home of the to their constituents and the nation has in- Act; King Center, a place dedicated to the memory spired me every day. The Acequia Conservation Program Eligi- of Dr. Martin Luther King, Jr., one of America’s I thank my staff who work long hours and bility Act; greatest citizens. weekends to serve the people of New Mexico. A bill to amend the Public Health Service We honor him with a federal holiday and a Their support has enabled me to make Act to reauthorize a grant program improv- ing treatment for pregnant and postpartum memorial on our national mall, just outside this progress on the issues that matter most to women; great chamber. New Mexicans. The Peer Support Communities of Recov- I am also the heir to the seat held by the And finally, I thank the people of New Mexi- ery Act; late great John Lewis. Congressman Lewis co’s Third Congressional District. It’s been The Growing Value-Added Economies Act; was by Dr. King’s side and Congressman such an honor to represent them in the The Medicaid Substance Use Disorder Lewis dedicated his life to peaceful non- House, and I’ll never stop working to make a Treatment via Telehealth Act; violence. positive difference. The New Mexico Navajo Water Settlement Congressman Lewis was a beacon in this Technical Corrections Act; I’m proud of what we were able to accom- The Improving Treatment for Pregnant Chamber for the dozens of years that he plish for New Mexico’s Third District: and Postpartum Women Act of 2016; served. It is one of the greatest honors of my Defending the Affordable Care Act, which The Opioid and Heroin Abuse Crisis Invest- life to complete the term for which he was last expanded health coverage to 270,000 New ment Act; elected, can take the baton and bring his serv- Mexicans; The Columbine-Hondo Wilderness Act; ice across the finish line. Reaching across the aisle to pass bills into The Sabinoso Wilderness Act of 2009; But I would be remiss if I did not use my op- law combating the opioid epidemic that has The Eastern New Mexico Rural Water Sys- portunity to make sure their lessons are ravaged families and communities; tem Authorization Act; The New Mexico Aquifer Assessment Act; known for other generations to come. Working with my Republican colleagues to The Rio Grande Pueblos Irrigation Infra- That is why it is critical to make sure that make robust investments in our world-class structure Improvement Act; we preserve the buildings in Metro Atlanta that National Labs; The Northwestern New Mexico Rural give life to their work. We must establish the Creating good-paying jobs for New Mexi- Water Project Act; former headquarters of the Southern Christian cans by passing measures to bolster our The Taos Pueblo Indian Water Rights Set- Leadership Conference, where Dr. King did state’s growing outdoor economy and to im- tlement Act; his work, alongside Congressman Lewis, as a prove broadband deployment in our rural com- The Aamodt Litigation Settlement Act; national historic site. munities; A bill to authorize leases of up to 99 years for lands held in trust for Ohkay Owingeh If we do this, then we can do our small part Passing legislation to preserve and protect Pueblo. to ensure that those that follow in our foot- Native languages for future generations; I’m proud to have co-led the following bills steps do so mindful of the example of these Ensuring New Mexico’s land grants and passed into law to improve the lives of New giants of the civil rights movement. acequias are treated with dignity and respect, Mexicans: f and can continue to thrive; The Comprehensive Opioid Recovery Cen- And assisting thousands of New Mexicans ters Act of 2018; FAREWELL REMARKS in navigating our federal agencies—helping The Maternal Opioid Treatment, Health, veterans and seniors secure their hard-earned Education, and Recovery Act of 2018; HON. BEN RAY LUJA´ N benefits, taxpayers navigate the IRS, and new The Better Pain Management Through OF NEW MEXICO citizens through the naturalization process. Data Act; The Addiction Treatment Access Improve- I include in the RECORD a list of 29 bills that IN THE HOUSE OF REPRESENTATIVES ment Act; Thursday, December 17, 2020 I led and 10 that I co-led that became law A bill to amend title XVIII of the Social while I’ve served in the House. ´ Security Act to require prescription drug Mr. LUJAN. Madam Speaker, I am honored Come January, the Third District will have a plan sponsors under the Medicare program to to rise for the last time on the floor of the new representative in Teresa Leger establish drug management programs for at- House of Representatives. Fernandez. I know she will be a champion for risk beneficiaries; Growing up on a small farm in New Mexico, working families, for New Mexico. The Standardizing Electronic Prior Au- I never imagined that I would walk these hal- I look forward to continuing to work with her thorization for Safe Prescribing Act of 2018; lowed halls and speak from this chamber. and the rest of my friends in the New Mexico The Ashlynne Mike AMBER Alert in In- Of course, I did not get here alone. I stand dian Country Act; delegation from the other side of the Capitol. The Assist Socially Disadvantaged and on the shoulders of giants like Dennis Chavez, I’m truly humbled that the people of New ´ Veteran Farmers and Ranchers Act of 2018; Manual Lujan, and many others who blazed a Mexico have sent me to be their voice in the The Preventing Interruptions in Physical trail for me and other Hispanic Americans to United States Senate. To be perfectly honest, Therapy Act; serve our communities proudly in this, the it hasn’t sunk in yet. The Medicare Part D Patient Safety and People’s House. But I’ll miss the People’s House. It’s been Drug Abuse Prevention Act. I also owe my public service to heroes a lit- the privilege of my lifetime to serve here along f tle closer to home: my mother Carmen, a re- with my colleagues. Let’s continue to heed the IN HONOR OF STEVEN SIMS tired public-school employee, and my late fa- call of the American people and make a posi- ther Ben, a union ironworker who became tive difference every day that we can. Speaker of the New Mexico House of Rep- I’m proud to have led the following bills HON. JOHN JOYCE resentatives. passed into law to improve the lives of New OF PENNSYLVANIA They taught me that no job is too big or too Mexicans: IN THE HOUSE OF REPRESENTATIVES small and that we must be guided by our com- The Esther Martinez Native American Thursday, December 17, 2020 passion for others. It was their passion for Languages Programs Reauthorization Act; serving others that propelled me to seek pub- The Prompt and Fast Action to Stop Dam- Mr. JOYCE of Pennsylvania. Madam Speak- lic office. ages Act of 2019; er, I rise today to recognize Steven Sims of

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.037 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS December 17, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E1177 Adams County, Pennsylvania for his service to the Division. While charged evening and weekend emergency phone calls Pennsylvania’s 13th Congressional District on with running the FBI’s 6th largest field office, will not be missed too much. I thank Susie for the 2020 U.S. Service Academy Nomination he also served as the Director of National In- all of her hard work, I could not have done my Committee. telligence for the Pacific Region and chaired job without her. Nominating exceptional candidates to attend the FBI Director’s Special Agents in Charge f our nation’s service academies is one of my Advisory Committee. most important responsibilities in Congress. As Bay Area Members of Congress, we ap- WILLIAM EPPES PROCTOR During this process, I rely on members of the preciated Jack’s leadership most when our Service Academy Nomination Committee, nearby communities suffered great tragedy, HON. NEAL P. DUNN which is comprised of dedicated volunteers such as the investigation into the mass shoot- OF FLORIDA who have served our nation with distinction. ing in Gilroy in July 2019. IN THE HOUSE OF REPRESENTATIVES Steven is one of nine academy alumni who I thank Jack for his service. His entire ca- Thursday, December 17, 2020 graciously volunteered their time to meet with reer has been dedicated to keeping Americans and evaluate perspective nominees for the safe, and it is much appreciated. We wish him Mr. DUNN. Madam Speaker, I rise today to Class of 2025. As a graduate of the United all the best on his well-earned retirement and honor the life of William Eppes Proctor, who States Military Academy in West Point, New while he spends more time with his wife, Te- sadly passed away on December 6, 2020. York, Steven knows firsthand the qualities and resa, and children, Natalie and Luke. William was a Tallahassee native and a dedication that are critical for succeeding at f Senior at Florida State University pursuing a the academies. He provided wise counsel and degree in Risk Management and Insurance. expertise throughout the nominating process, HONORING SUSIE MILLER, DIS- William was loved by everyone he and I am grateful for his time and commit- TRICT DIRECTOR FOR TEXAS– interacted with and made certain that he left a ment. 24TH positive mark on each community he touched. Steven Sims is an outstanding Pennsylva- William found his second family with the nian and American, as well as an excellent HON. KENNY MARCHANT brothers of Sigma Phi Epsilon, where he ex- role model for future academy students. On OF TEXAS celled in one of the fraternity’s main staples— behalf of the 13th District of Pennsylvania, it is IN THE HOUSE OF REPRESENTATIVES virtue. my honor to recognize Steven for his service William’s high moral standards and prin- Thursday, December 17, 2020 to our community and our nation. ciples enabled him to serve in many different f Mr. MARCHANT. Madam Speaker, I have departments of his university—including his had the high honor of representing the 24th fraternity, the Florida State Student Founda- RECOGNIZING JOHN ‘‘JACK’’ Congressional District of Texas since 2005, tion, and Garnet & Gold Key. BENNETT and throughout the past sixteen years, I have William will continue to serve as an inspira- been most fortunate to have only one District tion and a light to all. HON. Director. My District Director, Susie Miller, has My thoughts, prayers, and condolences are OF CALIFORNIA been the bedrock of my team, ensuring the with William’s mother, Lesley; his father, Rob- IN THE HOUSE OF REPRESENTATIVES highest levels of constituent outreach and ert; his sister, Grace; and his friends. Thursday, December 17, 2020 service throughout the district. Her standards Though not here with us physically, his Mr. SWALWELL of California. Madam of service and professionalism are a model to laughter, heart, spirit, and memory will live on Speaker, along with Representatives MARK others, as is the humble manner with which forever—may he rest in peace. DESAULNIER, ANNA G. ESHOO, , she goes about her work. She is an out- f , JERRY MCNERNEY, JIMMY PA- standing public servant in the truest fashion. IN HONOR OF DAVID DIEDRICH NETTA, and MIKE THOMPSON, I rise to recog- Susie is the longest tenured staff member of nize John ‘‘Jack’’ Bennett on the occasion of the Team Marchant office, as her service his retirement from the Federal Bureau of In- dates back to when I was serving in the Texas HON. JOHN JOYCE vestigation (FBI) on November 30, 2020. House of Representatives. Her experience OF PENNSYLVANIA Before finding himself with a federal badge, and knowledge of the district is irreplaceable. IN THE HOUSE OF REPRESENTATIVES She has led an outstanding district office, one Jack was a Special Agent with the Georgia Thursday, December 17, 2020 Bureau of Investigation. From there, he joined where her encouragement drives the staffers the Drug Enforcement Administration before she supervises to achieve the best outcome Mr. JOYCE of Pennsylvania. Madam Speak- landing at the FBI Academy in 1998. From the for our constituents in every situation. er, I rise today to recognize David Diedrich of beginning, Jack’s leadership skills were appar- Her impact was not limited to the district, Blair County, Pennsylvania for his service to ent. His academy class awarded him the ‘‘Fi- but was felt in Washington, D.C. as well. Pennsylvania’s 13th Congressional District on delity, Bravery, and Integrity’’ award upon Susie was instrumental in fostering a great the 2020 U.S. Service Academy Nomination graduation. When the World Trade Center was working relationship between my Washington Committee. attacked on 9/11, Jack was in his first assign- and Texas offices. All too often, I will hear my Nominating exceptional candidates to attend ment in nearby Newark, New Jersey and colleagues complain about needless tensions our nation’s service academies is one of my aided in the investigation. between their Washington and district offices. most important responsibilities in Congress. Jack’s experience goes well beyond law en- That was never the case for me, in large part During this process, I rely on members of the forcement and into law creation. His legislative because of Susie and her constant dedication Service Academy Nomination Committee, experience came from serving as the FBI’s to ensure all staffers were on the same page which is comprised of dedicated volunteers agent embedded with the National Center for and supported each other. Truth be told, the who have served our nation with distinction. Missing and Exploited Children. There, he was Washington office always looked forward to David is one of nine academy alumni who instrumental in drafting child-protection legisla- the frequent deliveries of Girl Scout cookie graciously volunteered their time to meet with tion that would become the Adam Walsh Act. care packages that Susie would send—of and evaluate perspective nominees for the Jack’s portfolio and experience continued to course, those cookies didn’t last long. Class of 2025. As a graduate of the United expand and evolve as he was appointed to I ask all of my colleagues to join me in States Military Academy in West Point, New the FBI Director’s Next Generation Cyber Ini- thanking Susie Miller for her many years of York, David knows firsthand the qualities and tiative, leading to partnerships with the tech service and to also express our gratitude to dedication that are critical for succeeding at community and encouraging collaboration the the entire Miller family, her husband Doug and the academies. He provided wise counsel and public and private sectors. His experience their sons Doug, Jr. and Rick. They have been expertise throughout the nominating process, there made him a natural fit to run the FBI’s most supportive of Susie with her work at odd and I am grateful for his time and commit- Digital Forensics and Analysis Section, where hours of the day and on weekends. Like many ment. he worked with several of our allies around of our staffers, Susie’s work was not limited by David Diedrich is an outstanding Pennsylva- the world to embed American forensic profes- the nine-to-five schedule, often requiring work nian and American, as well as an excellent sionals and assist with counterterrorism efforts on the weekends or after hours. I know that role model for future academy students. On worldwide. Susie will miss much about the job when she behalf of the 13th District of Pennsylvania, it is It was my privilege to work with Jack while retires from being a Congressional staffer at my honor to recognize David for his service to he served as the Special Agent in Charge of the end of this Congress, but perhaps the late our community and our nation.

VerDate Sep 11 2014 08:29 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.039 E17DEPT1 dlhill on DSK120RN23PROD with REMARKS Thursday, December 17, 2020 Daily Digest Senate after withdrawing the committee amendment in the Chamber Action nature of a substitute, and agreeing to the following Routine Proceedings, pages S7563–S7645 amendment proposed thereto: Pages S7639–41 Measures Introduced: Twenty-three bills and two Braun (for Klobuchar) Amendment No. 2714, in resolutions were introduced, as follows: S. the nature of a substitute. Pages S7640–41 5040–5062, and S. Res. 804–805. Pages S7589–90 United States Anti-Doping Agency Reauthoriza- Measures Reported: tion Act: Senate passed S. 3248, to reauthorize the Special Report entitled ‘‘The 2020 Joint Economic United States Anti-Doping Agency, after with- Report’’. (S. Rept. No. 116–335) drawing the committee amendments, and agreeing Special Report entitled ‘‘A Record of Bipartisan to the following amendment proposed thereto: Policymaking in Support of Older Americans’’. (S. Pages S7641–42 Rept. No. 116–336) Page S7589 Braun (for Moran) Amendment No. 2715, in the Measures Passed: nature of a substitute. Pages S7640–42 Improving Mental Health Access for Students Combating Pandemic Scams Act: Committee on Act: Committee on Health, Education, Labor, and Commerce, Science, and Transportation was dis- Pensions was discharged from further consideration charged from further consideration of H.R. 6435, to of S. 1782, to add suicide prevention resources to direct the Federal Trade Commission to develop and school identification cards, and the bill was then disseminate information to the public about scams passed. Pages S7580–81 related to COVID–19, and the bill was then passed. Page S7642 Safeguard Tribal Objects of Patrimony Act: Sen- ate passed S. 2165, to enhance protections of Native School-Based Allergies and Asthma Management American tangible cultural heritage, after agreeing Program Act: Committee on Health, Education, to the committee amendment in the nature of a sub- Labor, and Pensions was discharged from further stitute, and the following amendment proposed consideration of H.R. 2468, to amend the Public thereto: Pages S7583–86 Health Service Act to increase the preference given, Heinrich Amendment No. 2712, to modify cer- in awarding certain allergies and asthma-related tain penalties. Page S7586 grants, to States that require certain public schools to have allergies and asthma management programs, Fraud and Scam Reduction Act: Committee on and the bill was then passed. Page S7642 Commerce, Science, and Transportation was dis- charged from further consideration of H.R. 2610, to Advancing Education on Biosimilars Act: Com- establish an office within the Federal Trade Commis- mittee on Health, Education, Labor, and Pensions sion and an outside advisory group to prevent fraud was discharged from further consideration of S. targeting seniors and to direct the Commission to 1681, to educate health care providers and the pub- study and submit a report to Congress on scams tar- lic on biosimilar biological products, and the bill geting seniors and Indian tribes, and the bill was was then passed, after agreeing to the following then passed, after agreeing to the following amend- amendment proposed thereto: Pages S7642–43 ment proposed thereto: Pages S7638–39 Braun (for Alexander) Amendment No. 2716, in Braun (for Wicker) Amendment No. 2713, in the the nature of a substitute. Page S7643 nature of a substitute. Pages S7638–39 Providing for Senate Staff Transition: Senate Nicholas and Zachary Burt Memorial Carbon agreed to S. Res. 805, providing for staff transition Monoxide Poisoning Prevention Act: Senate passed for a Senator if the results of the election for an ad- S. 481, to encourage States to require the installation ditional term of office of the Senator have not been of residential carbon monoxide detectors in homes, certified. Page S7643 D1100

VerDate Sep 11 2014 10:13 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE0.REC D17DEPT1 dlhill on DSK120RN23PROD with DIGEST December 17, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D1101 1921 Silver Dollar Coin Anniversary Act: Com- Service located at 14 Walnut Street in Bordentown, mittee on Banking, Housing, and Urban Affairs was New Jersey, as the ‘‘Clara Barton Post Office Build- discharged from further consideration of H.R. 6192, ing’’, and the bill was then passed. Pages S7643–44 to require the Secretary of the Treasury to honor the Senior Airman Daniel Miller Post Office Build- 100th anniversary of completion of coinage of the ing: Committee on Homeland Security and Govern- ‘‘Morgan Dollar’’ and the 100th anniversary of com- mental Affairs was discharged from further consider- mencement of coinage of the ‘‘Peace Dollar’’, and the ation of H.R. 5123, to designate the facility of the bill was then passed. Page S7643 United States Postal Service located at 476 East Circulating Collectible Coin Redesign Act: Com- Main Street in Galesburg, Illinois, as the ‘‘Senior mittee on Banking, Housing, and Urban Affairs was Airman Daniel Miller Post Office Building’’, and the discharged from further consideration of H.R. 1923, bill was then passed. Pages S7643–44 to amend title 31, United States Code, to require George H. Bacel Post Office Building: Com- the Secretary of the Treasury to mint and issue cer- mittee on Homeland Security and Governmental Af- tain circulating collectible coins, and the bill was fairs was discharged from further consideration of then passed, after agreeing to the following amend- H.R. 5451, to designate the facility of the United ment proposed thereto: Page S7643 States Postal Service located at 599 East Genesse Braun (for Cortez Masto/Fischer) Amendment No. Street in Fayetteville, New York, as the ‘‘George H. 2717, to improve the bill. Page S7643 Bacel Post Office Building’’, and the bill was then Aretha Franklin Post Office Building: Com- passed. Pages S7643–44 mittee on Homeland Security and Governmental Af- Woodie Rucker-Hughes Post Office Building: fairs was discharged from further consideration of Committee on Homeland Security and Governmental H.R. 3976, to designate the facility of the United Affairs was discharged from further consideration of States Postal Service located at 12711 East Jefferson H.R. 5983, to designate the facility of the United Avenue in Detroit, Michigan, as the ‘‘Aretha Frank- States Postal Service located at 4150 Chicago Avenue lin Post Office Building’’, and the bill was then in Riverside, California, as the ‘‘Woodie Rucker- passed. Pages S7643–44 Hughes Post Office Building’’, and the bill was then Clara Luper Post Office Building: Committee on passed. Pages S7643–44 Homeland Security and Governmental Affairs was William ‘Jack’ Jackson Edwards III Post Office discharged from further consideration of H.R. 5597, Building: Committee on Homeland Security and to designate the facility of the United States Postal Governmental Affairs was discharged from further Service located at 305 Northwest 5th Street in Okla- consideration of H.R. 6418, to designate the facility homa City, Oklahoma, as the ‘‘Clara Luper Post Of- of the United States Postal Service located at 509 fice Building’’, and the bill was then passed. Fairhope Avenue in Fairhope, Alabama, as the ‘‘Wil- Pages S7643–44 liam ‘Jack’ Jackson Edwards III Post Office Build- Tom Reid Post Office Building: Committee on ing’’, and the bill was then passed. Pages S7643–44 Homeland Security and Governmental Affairs was Senator Jack Hill Post Office Building: Com- discharged from further consideration of H.R. 7810, mittee on Homeland Security and Governmental Af- to designate the facility of the United States Postal fairs was discharged from further consideration of Service located at 3519 East Walnut Street in H.R. 7088, to designate the facility of the United Pearland, Texas, as the ‘‘Tom Reid Post Office States Postal Service located at 111 James Street in Building’’, and the bill was then passed. Reidsville, Georgia, as the ‘‘Senator Jack Hill Post Pages S7643–44 Office Building’’, and the bill was then passed. Mary Ann Shadd Cary Post Office Dedication Pages S7643–44 Act: Committee on Homeland Security and Govern- Jessie Field Shambaugh Post Office Building: mental Affairs was discharged from further consider- Committee on Homeland Security and Governmental ation of H.R. 5972, to designate the facility of the Affairs was discharged from further consideration of United States Postal Service located at 500 Delaware H.R. 7502, to designate the facility of the United Avenue, Suite 1, in Wilmington, Delaware, as the States Postal Service located at 101 South 16th ‘‘Mary Ann Shadd Cary Post Office’’, and the bill Street in Clarinda, Iowa, as the ‘‘Jessie Field was then passed. Pages S7643–44 Shambaugh Post Office Building’’, and the bill was Clara Barton Post Office Building: Committee then passed. Pages S7643–44 on Homeland Security and Governmental Affairs was Joseph Bullock Post Office Building: Committee discharged from further consideration of H.R. 4988, on Homeland Security and Governmental Affairs was to designate the facility of the United States Postal discharged from further consideration of H.R. 8611,

VerDate Sep 11 2014 10:13 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE0.REC D17DEPT1 dlhill on DSK120RN23PROD with DIGEST D1102 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2020 to designate the facility of the United States Postal Senate agreed to the motion to proceed to Execu- Service located at 4755 Southeast Dixie Highway in tive Session to consider the nomination. Page S7579 Port Salerno, Florida, as the ‘‘Joseph Bullock Post Johnson Nomination—Cloture: Senate began con- Office Building’’, and the bill was then passed. sideration of the nomination of John Chase Johnson, Pages S7643–44 of Oklahoma, to be Inspector General, Federal Com- J. Howard Coble Post Office Building: Com- munications Commission. Page S7579 mittee on Homeland Security and Governmental Af- A motion was entered to close further debate on fairs was discharged from further consideration of the nomination, and, in accordance with the provi- H.R. 6161, to designate the facility of the United sions of Rule XXII of the Standing Rules of the States Postal Service located at 1585 Yanceyville Senate, a vote on cloture will occur upon disposition Street, Greensboro, North Carolina, as the ‘‘J. How- of the nomination of Thompson Michael Dietz, of ard Coble Post Office Building’’, and the bill was New Jersey, to be a Judge of the United States then passed. Pages S7643–44 Court of Federal Claims for a term of fifteen years. Jim Ramstad Post Office: Committee on Home- Page S7579 land Security and Governmental Affairs was dis- Prior to the consideration of this nomination, Sen- charged from further consideration of S. 4971, to ate took the following action: designate the facility of the United States Postal Senate agreed to the motion to proceed to Legisla- Service located at 229 Minnetonka Avenue South in tive Session. Page S7579 Wayzata, Minnesota, as the ‘‘Jim Ramstad Post Of- Senate agreed to the motion to proceed to Execu- fice’’, and the bill was then passed. Pags S7643–44 tive Session to consider the nomination. Page S7579 Howard Arthur Tibbs Post Office: Committee on Soskin Nomination–Cloture: Senate began consid- Homeland Security and Governmental Affairs was eration of the nomination of Eric J. Soskin, of Vir- discharged from further consideration of S. 4857, to ginia, to be Inspector General, Department of Trans- designate the facility of the United States Postal portation, Page S7579 Service located at 275 Penn Avenue in Salem, Ohio, A motion was entered to close further debate on as the ‘‘Howard Arthur Tibbs Post Office’’, and the the nomination, and, in accordance with the provi- bill was then passed. Pages S7643–44 sions of Rule XXII of the Standing Rules of the Marc Lee Memorial Post Office Building: Senate Senate, a vote on cloture will occur upon disposition passed H.R. 6016, to designate the facility of the of the nomination of John Chase Johnson, of Okla- United States Postal Service located at 14955 West homa, to be Inspector General, Federal Communica- Bell Road in Surprise, Arizona, as the ‘‘Marc Lee tions Commission. Page S7579 Memorial Post Office Building’’. Pages S7643–44 Prior to the consideration of this nomination, Sen- House Messages: ate took the following action: Indian Community Economic Enhancement Act: Senate agreed to the motion to proceed to Legisla- Senate agreed to the motion to concur in the amend- tive Session. Page S7579 ment of the House of Representatives to S. 212, to Senate agreed to the motion to proceed to Execu- amend the Native American Business Development, tive Session to consider the nomination. Page S7579 Trade Promotion, and Tourism Act of 2000, the Harwell Nomination—Cloture: Senate began con- Buy Indian Act, and the Native American Programs sideration of the nomination of Beth Harwell, of Act of 1974 to provide industry and economic devel- Tennessee, to be a Member of the Board of Directors opment opportunities to Indian communities. of the Tennessee Valley Authority. Page S7579 Page S7586 A motion was entered to close further debate on Dietz Nomination—Cloture: Senate began consid- the nomination, and, in accordance with the provi- eration of the nomination of Thompson Michael sions of Rule XXII of the Standing Rules of the Dietz, of New Jersey, to be a Judge of the United Senate, a vote on cloture will occur upon disposition States Court of Federal Claims for a term of fifteen of the nomination of Eric J. Soskin, of Virginia, to years. Page S7579 be Inspector General, Department of Transportation. A motion was entered to close further debate on Page S7579 the nomination, and, in accordance with the provi- Prior to the consideration of this nomination, Sen- sions of Rule XXII of the Standing Rules of the ate took the following action: Senate, a vote on cloture will occur on Saturday, De- Senate agreed to the motion to proceed to Legisla- cember 19, 2020. Page S7579 tive Session. Page S7579 Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Execu- ate took the following action: tive Session to consider the nomination. Page S7579

VerDate Sep 11 2014 10:13 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE0.REC D17DEPT1 dlhill on DSK120RN23PROD with DIGEST December 17, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D1103 Noland Nomination—Cloture: Senate began con- A unanimous-consent agreement was reached pro- sideration of the nomination of Brian Noland, of viding for further consideration of the nomination at Tennessee, to be a Member of the Board of Directors approximately 10:00 a.m., on Friday, December 18, of the Tennessee Valley Authority. Pages S7579–80 2020. Page S7644 A motion was entered to close further debate on Nominations Confirmed: Senate confirmed the fol- the nomination, and, in accordance with the provi- lowing nominations: sions of Rule XXII of the Standing Rules of the By 54 yeas to 41 nays (Vote No. EX. 272), Senate, a vote on cloture will occur upon disposition Charles Edward Atchley, Jr., of Tennessee, to be of the nomination of Beth Harwell, of Tennessee, to United States District Judge for the Eastern District be a Member of the Board of Directors of the Ten- of Tennessee. Pages S7563–67 nessee Valley Authority. Pages S7579–80 By 52 yeas to 43 nays (Vote No. EX. 274), Prior to the consideration of this nomination, Sen- Zachary N. Somers, of the District of Columbia, to ate took the following action: be a Judge of the United States Court of Federal Senate agreed to the motion to proceed to Legisla- Claims for a term of fifteen years. Pages S7567–72 tive Session. Page S7579 During consideration of this nomination today, Senate agreed to the motion to proceed to Execu- Senate also took the following action: tive Session to consider the nomination. Page S7579 By 52 yeas to 42 nays (Vote No. EX. 273), Senate Stones Nomination—Cloture: Senate began consid- agreed to the motion to close further debate on the eration of the nomination of Charles A. Stones, of nomination. Page S7567 Kansas, to be a Member of the Board of Directors Nominations Received: Senate received the fol- of the Federal Agricultural Mortgage Corporation. lowing nominations: Page S7580 Romolo A. Bernardi, of New York, to be a Gov- A motion was entered to close further debate on ernor of the United States Postal Service for a term the nomination, and, in accordance with the provi- expiring December 8, 2023. sions of Rule XXII of the Standing Rules of the Terrence M. Andrews, of California, to be a Judge Senate, a vote on cloture will occur upon disposition of the United States Court of Federal Claims for a of the nomination of Brian Noland, of Tennessee, to term of fifteen years. be a Member of the Board of Directors of the Ten- Daniel Z. Epstein, of Texas, to be Chairman of nessee Valley Authority. Page S7580 the Administrative Conference of the United States Prior to the consideration of this nomination, Sen- for the term of five years. Page S7645 ate took the following action: Senate agreed to the motion to proceed to Legisla- Nomination Withdrawn: Senate received notifica- tion of withdrawal of the following nomination: tive Session. Page S7580 Senate agreed to the motion to proceed to Execu- Daniel Z. Epstein, of Texas, to be a Judge of the United States Court of Federal Claims for a term of tive Session to consider the nomination. Page S7580 fifteen years, which was sent to the Senate on Feb- Aenlle-Rocha Nomination—Cloture: Senate began ruary 4, 2020. Page S7645 consideration of the nomination of Fernando L. Aenlle-Rocha, of California, to be United States Dis- Messages from the House: Page S7588 trict Judge for the Central District of California. Executive Communications: Pages S7588–89 Page S7580 Petitions and Memorials: Page S7589 A motion was entered to close further debate on the nomination, and, in accordance with the provi- Additional Cosponsors: Pages S7590–92 sions of Rule XXII of the Standing Rules of the Statements on Introduced Bills/Resolutions: Senate, a vote on cloture will occur upon disposition Pages S7592–S7635 of the nomination of Charles A. Stones, of Kansas, Additional Statements: Pages S7587–88 to be a Member of the Board of Directors of the Federal Agricultural Mortgage Corporation. Amendments Submitted: Pages S7635–38 Page S7580 Record Votes: Three record votes were taken today. Prior to the consideration of this nomination, Sen- (Total—274) Pages S7567, S75672 ate took the following action: Adjournment: Senate convened at 10 a.m. and ad- Senate agreed to the motion to proceed to Legisla- journed at 7:02 p.m., until 10 a.m. on Friday, De- tive Session. Page S7580 cember 18, 2020. (For Senate’s program, see the re- Senate agreed to the motion to proceed to Execu- marks of the Acting Majority Leader in today’s tive Session to consider the nomination. Page S7580 Record on page S7644.)

VerDate Sep 11 2014 10:13 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE0.REC D17DEPT1 dlhill on DSK120RN23PROD with DIGEST D1104 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2020 Committee Meetings (Committees not listed did not meet) No committee meetings were held. h House of Representatives Suspensions: The House agreed to suspend the rules Chamber Action and pass the following measures: United States Public Bills and Resolutions Introduced: 28 pub- Semiquincentennial Commission Amendments Act of lic bills, H.R. 8996–8997, 8999–9024; and 3 reso- 2020: S. 3989, amended, to amend the United lutions, H. Res. 1267–1269 were introduced. States Semiquincentennial Commission Act of 2016 Pages H7258–59 to modify certain membership and other require- Additional Cosponsors: Page H7260 ments of the United States Semiquincentennial Com- mission; Pages H7244–45 Reports Filed: Reports were filed today as follows: H.R. 5821, to amend title XVIII of the Social Se- Deeming an urban Indian organization and em- curity Act to establish hospice program survey and ployees thereof to be a part of the Public Health enforcement procedures under the Medicare program, Service for the purposes of certain claims for and for other purposes, with an amendment (H. personal injury: H.R. 6535, amended, to deem an Rept. 116–660, Part 1); urban Indian organization and employees thereof to H.R. 5120, to amend title 49, United States be a part of the Public Health Service for the pur- Code, to provide enhanced safety and environmental poses of certain claims for personal injury; protection in pipeline transportation, and for other Pages H7245–47 purposes, with an amendment (H. Rept. 116–661, Julius Rosenwald and the Rosenwald Schools Part 1); Act: H.R. 3250, amended, to require the Secretary H.R. 4347, to enhance the Federal Government’s of the Interior to conduct a special resource study of planning and preparation for extreme weather and the sites associated with the life and legacy of the the Federal Government’s dissemination of best prac- noted American philanthropist and business execu- tices to respond to extreme weather, thereby increas- tive Julius Rosenwald, with a special focus on the ing resilience, improving regional coordination, and Rosenwald Schools, by a 2⁄3 yea-and-nay vote of 387 mitigating the financial risk to the Federal Govern- yeas to 5 nays, Roll No. 245; ment from such extreme weather, and for other pur- Pages H7247–48, H7252–53 poses (H. Rept. 116–662, Part 1); H.R. 123, to authorize a pilot program under sec- Peace Corps Commemorative Work Extension tion 258 of the National Housing Act to establish Act: H.R. 7460, to extend the authority for the es- an automated process for providing additional credit tablishment by the Peace Corps Commemorative rating information for mortgagors and prospective Foundation of a commemorative work to commemo- mortgagors under certain mortgages, with an amend- rate the mission of the Peace Corps and the ideals ment (H. Rept. 116–663); and on which the Peace Corps was founded; H.R. 149, to authorize funds to prevent housing Pages H7248–49 discrimination through the use of nationwide test- Jimmy Carter National Historical Park Redesig- ing, to increase funds for the Fair Housing Initia- nation Act: H.R. 5472, to redesignate the Jimmy tives Program, and for other purposes, with an Carter National Historic Site as the ‘‘Jimmy Carter amendment (H. Rept. 116–664). Pages H7257–58 National Historical Park’’; and Pages H7249–51 Speaker: Read a letter from the Speaker wherein she Weir Farm National Historical Park Redesigna- appointed Representative Clay to act as Speaker pro tion Act: H.R. 5852, to redesignate the Weir Farm tempore for today. Page H7231 National Historic Site in the State of Connecticut as Recess: The House recessed at 1:31 p.m. and recon- the ‘‘Weir Farm National Historical Park’’. vened at 2 p.m. Page H7241 Pages H7251–52

VerDate Sep 11 2014 10:13 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE0.REC D17DEPT1 dlhill on DSK120RN23PROD with DIGEST December 17, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D1105 Recess: The House recessed at 3:06 p.m. and recon- and the Sackler Family in the Opioid Epidemic’’. vened at 3:30 p.m. Page H7252 Testimony was heard from public witnesses. Senate Referrals: S. 1387 was held at the desk. S. 2513 was held at the desk. S. 3287 was held at the desk. S. 5036 was held at the desk. Page H7243 Joint Meetings Senate Message: Message received from the Senate No joint committee meetings were held. by the Clerk and subsequently presented to the f House today appears on page H7243. COMMITTEE MEETINGS FOR FRIDAY, Quorum Calls—Votes: One yea-and-nay vote de- veloped during the proceedings of today and appear DECEMBER 18, 2020 on page H7252–53. (Committee meetings are open unless otherwise indicated) Adjournment: The House met at 12 noon and ad- journed at 5:45 p.m. Senate No meetings/hearings scheduled. Committee Meetings House THE ROLE OF PURDUE PHARMA AND THE SACKLER FAMILY IN THE OPIOID No hearings are scheduled. EPIDEMIC Committee on Oversight and Reform: Full Committee held a hearing entitled ‘‘The Role of Purdue Pharma

VerDate Sep 11 2014 10:13 Dec 18, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE0.REC D17DEPT1 dlhill on DSK120RN23PROD with DIGEST D1106 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2020

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, December 18 10 a.m., Friday, December 18

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: Consideration of measures under of the nomination of Fernando L. Aenlle-Rocha, of Cali- suspension of the Rules. fornia, to be United States District Judge for the Central District of California.

Extensions of Remarks, as inserted in this issue

HOUSE Hall, Kwanza, Ga., E1167, E1170, E1171, E1172, E1174, Nadler, Jerrold, N.Y., E1175 E1176 Olson, Pete, Tex., E1172 Bilirakis, Gus M., Fla., E1167 Huffman, Jared, Calif., E1171 Omar, Ilhan, Minn., E1169 Bonamici, Suzanne, Ore., E1168 Joyce, John, Pa., E1167, E1168, E1170, E1171, E1172, Richmond, Cedric L., La., E1168, E1174 Burgess, Michael C., Tex., E1169, E1175 E1174, E1175, E1176, E1177 Roby, Martha, Ala., E1174 Chu, Judy, Calif., E1171 Katko, John, N.Y., E1168 Courtney, Joe, Conn., E1173 King, Steve, Iowa, E1172 Smith, Adrian, Nebr., E1173 Davis, Rodney, Ill., E1169 Levin, Mike, Calif., E1168 Swalwell, Eric, Calif., E1177 Doyle, Michael F., Pa., E1174 Luja´ n, Ben Ray, N.M., E1176 Welch, Peter, Vt., E1170 Dunn, Neal P., Fla., E1167, E1172, E1177 Marchant, Kenny, Tex., E1170, E1172, E1177

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