Amendment SA 2520 to S. 178, August 4, 2020 — Congressional Record, Senate
Summary
A page of the Congressional Record, Senate, dated August 4, 2020, beginning at page S4777, with amendment text for the bill S. 178 in a long document. The text includes grants to State educational agencies with approved applications under the CARES Act, to be awarded within 15 calendar days of enactment, and a Governor's Emergency Education Relief Fund reserving percentages of funds. It also directs the Secretary to enter an agreement with the National Academies of Sciences, Engineering, and Medicine to develop a decision framework for an equitable distribution of coronavirus vaccines that considers risk factors, health disparities and vaccine hesitancy.
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“Amendment SA 2520 to S. 178, August 4, 2020 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4777-3e84ffd48d/
, SHA-256 9d7e3ee18dc72f3d9151a1ce0d35d80791181bdae52b03db845edd5b2f83e9d2.Full text
August 4, 2020 CONGRESSIONAL RECORD — SENATE S4777
Provided further, That the plan outlined in under the terms and conditions established the Secretary shall make supplemental ele-
the previous proviso shall include funding by for funding provided under this heading in mentary and secondary school emergency re-
contract, grant, or other transaction in ex- the CARES Act (Public Law 116–136). lief grants to each State educational agency
cess of $20,000,000 with a notation of which (b) RESERVATIONS.—After carrying out sub- with an approved application under section
Department or Agency, and component section (a), the Secretary shall reserve the 18003 of division B of the CARES Act (Public
thereof is managing the contract: Provided remaining funds made available as follows: Law 116–136). The Secretary shall award
further, That the Secretary shall enter into (1) 5 percent to carry out section ll12 of funds under this section to each State edu-
an agreement with the National Academies this title. cational agency with an approved applica-
of Sciences, Engineering, and Medicine (2) 67 percent to carry out section ll13 of tion within 15 calendar days of enactment of
(‘‘Academies’’) to develop a decision frame- this title. this Act.
work to assist domestic and global health (3) 28 percent to carry out section ll14 of (b) ALLOCATIONS TO STATES.—The amount
authorities in planning an equitable dis- this title. of each grant under subsection (a) shall be
tribution of coronavirus vaccines: Provided GOVERNOR’S EMERGENCY EDUCATION RELIEF allocated by the Secretary to each State in
further, That the Academies, in developing FUND the same proportion as each State received
the framework, shall consider equity criteria under part A of title I of the ESEA of 1965 in
SEC. ll12. (a) GRANTS.—From funds re-
which may include consideration of risk fac- the most recent fiscal year.
served under section ll11(b)(1) of this title, (c) SUBGRANTS.—From the payment pro-
tors related to health disparities and health the Secretary shall make supplemental
care access, underlying health conditions, vided by the Secretary under subsection (b),
Emergency Education Relief grants to the the State educational agency shall provide
conditions faced by racial and ethnic minori- Governor of each State with an approved ap-
ties, individuals in higher-risk occupations, services and assistance to local educational
plication under section 18002 of division B of agencies and non-public schools, consistent
and first responders, geographic distribution the CARES Act (Public Law 116–136). The with the provisions of this title relating to
of the coronavirus, and vaccine hesitancy: Secretary shall award funds under this sec- the Department of Education. After carrying
Provided further, That the Academies shall tion to the Governor of each State with an out the reservation of funds in section ll15
provide recommendations on vaccine dis- approved application within 30 calendar days of this title, each State shall allocate not
tribution to the Advisory Committee on Im- of enactment of this Act. less than 90 percent of the remaining grant
munization Practices not later than Sep- (b) ALLOCATIONS.—The amount of each funds awarded to the State under this sec-
tember 18, 2020: Provided further, That the grant under subsection (a) shall be allocated tion as subgrants to local educational agen-
agreement shall provide for an ongoing as- by the Secretary to each State as follows: cies (including charter schools that are local
sessment by the Academies of how vaccine (1) 60 percent on the basis of their relative educational agencies) in the State in propor-
distribution meets equity criteria and rec- population of individuals aged 5 through 24. tion to the amount of funds such local edu-
ommendations for how vaccine distribution (2) 40 percent on the basis of their relative cational agencies and charter schools that
may better align with such criteria as appli- number of children counted under section are local educational agencies received under
cable, which shall inform the Advisory Com- 1124(c) of the Elementary and Secondary part A of title I of the ESEA of 1965 in the
mittee on Immunization Practices’s Education Act of 1965 (referred to under this most recent fiscal year. The state edu-
prioritization recommendations and vaccine heading as ‘‘ESEA’’). cational agency shall make such subgrants
distribution activities: Provided further, That (c) USES OF FUNDS.—Grant funds awarded to local educational agencies as follows—
such amount is designated by the Congress under subsection (b) may be used to— (1) one-third of funds shall be awarded not
as being for an emergency requirement pur- (1) provide emergency support through less than 15 calendar days after receiving an
suant to section 251(b)(2)(A)(i) of the Bal- grants to local educational agencies that the award from the Secretary under this section;
anced Budget and Emergency Deficit Control State educational agency deems have been and
Act of 1985. most significantly impacted by coronavirus (2) the remaining two-thirds of funds shall
to support the ability of such local edu- be awarded only after the local educational
SA 2520. Mr. BLUNT (for himself and cational agencies to continue to provide edu- agency submits to the Governor and the
Mr. ALEXANDER) submitted an amend- cational services to their students and to Governor approves a comprehensive school
ment intended to be proposed by him support the on-going functionality of the reopening plan for the 2020–2021 school-year,
to the bill S. 178, to condemn gross local educational agency; based on criteria determined by the Gov-
(2) provide emergency support through ernor in consultation with the state edu-
human rights violations of ethnic
grants to institutions of higher education cational agency (including criteria for the
Turkic Muslims in Xinjiang, and call- serving students within the State that the
ing for an end to arbitrary detention, Governor to carry out subparagraph (A)
Governor determines have been most signifi- through (C)), that describes how the local
torture, and harassment of these com- cantly impacted by coronavirus to support educational agency will safely reopen
munities inside and outside China; the ability of such institutions to continue schools with the physical presence of stu-
which was ordered to lie on the table; to provide educational services and support dents, consistent with maintaining safe and
as follows: the on-going functionality of the institution; continuous operations aligned with chal-
and lenging state academic standards. The Gov-
At the appropriate place, insert the fol-
(3) provide support to any other institution ernor shall approve such plans within 30 days
lowing:
of higher education, local educational agen- after the plan is submitted, subject to the re-
TITLE ll— cy, or education related entity within the quirements in subparagraphs (A) through
DEPARTMENT OF EDUCATION State that the Governor deems essential for (C).
EDUCATION STABILIZATION FUND carrying out emergency educational services (A) A local educational agency that pro-
For an additional amount for ‘‘Education to students for authorized activities de- vides in-person instruction for at least 50
Stabilization Fund’’, $105,000,000,000, to re- scribed in section ll13(e) of this title, the percent of its students where the students
main available through September 30, 2021, ESEA of 1965, the Higher Education Act of physically attend school no less than 50 per-
to prevent, prepare for, and respond to 1965, the provision of child care and early cent of each school-week, as it was defined
coronavirus, domestically or internation- childhood education, social and emotional by the local educational agency prior to the
ally: Provided, That such amount is des- support, career and technical education, coronavirus emergency, shall have its plan
ignated by the Congress as being for an adult education, and the protection of edu- automatically approved.
emergency requirement pursuant to section cation-related jobs. (B) A local educational agency that does
(d) REALLOCATION.—Each Governor shall not provide in-person instruction to any stu-
251(b)(2)(A)(i) of the Balanced Budget and
return to the Secretary any funds received dents where the students physically attend
Emergency Deficit Control Act of 1985.
under this section that the Governor does school in-person shall not be eligible to re-
GENERAL PROVISIONS not award within 6 months of receiving such ceive a subgrant under paragraph (2).
EDUCATION STABILIZATION FUND funds and the Secretary shall reallocate such (C) A local educational agency that pro-
SEC. ll11. (a) ALLOCATIONS.— From the funds to the remaining States in accordance vides in-person instruction to at least some
amount made available under this heading in with subsection (b). students where the students physically at-
this Act to carry out the Education Sta- (e) REPORT.—A Governor receiving funds
tend school in-person but does not satisfy
bilization Fund, the Secretary shall first al- under this section shall submit a report to
the requirements in subparagraph (A) shall
locate— the Secretary, not later than 6 months after
have its allocation reduced on a pro rata
(1) not more than one half of 1 percent to receiving funding provided in this title, in
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basis as determined by the Governor.
the outlying areas on the basis of the terms such manner and with such subsequent fre- (d) PLAN CONTENTS.—A school reopening
and conditions for funding provided under quency as the Secretary may require, that plan submitted to a Governor under sub-
this heading in the Coronavirus Aid, Relief, provides a detailed accounting of the use of section (c)(2) shall include, in addition to
and Economic Security (CARES) Act (Public funds provided under this section. any other information necessary to meet the
Law 116–136); and ELEMENTARY AND SECONDARY SCHOOL criteria determined by the Governor—
(2) one-half of 1 percent for the Secretary EMERGENCY RELIEF FUND (1) A detailed timeline for when the local
of the Interior for programs operated or SEC. ll13. (a) GRANTS.—From funds re- educational agency will provide in-person in-
funded by the Bureau of Indian Education, served under section ll11(b)(2) of this title, struction, including the goals and criteria
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S4778 CONGRESSIONAL RECORD — SENATE August 4, 2020
used for providing full-time in-person in- dents with disabilities, English learners, mi- shortfalls that result in the disproportionate
struction to all students; grant students, students experiencing home- closure or denial of expansion of public char-
(2) A description of how many days of in- lessness, and children in foster care. ter schools that are otherwise meeting the
person instruction per calendar week the (2) A local educational agency that re- terms of their charter for academic achieve-
local educational agency plans to offer to ceives funds under subsection (c)(2) may use ment; or
students during the 2020–2021 school year; the funds for activities to carry out a com- (B) disproportionally reduce funding to
and prehensive school reopening plan as de- charter schools or otherwise increase fund-
(3) An assurance that the local educational scribed in this section, including: ing gaps between charter schools and other
agency will offer students as much in-person (A) Purchasing personal protective equip- public schools in the local educational agen-
instruction as is safe and practicable, con- ment, implementing flexible schedules to cy.
sistent with maintaining safe and contin- keep children in isolated groups, purchasing (2) Allocations of funding and services pro-
uous operations aligned with challenging box lunches so that children can eat in their vided from funds provided in this section to
state academic standards. classroom, purchasing physical barriers, pro- public charter schools are made on the same
(e) USES OF FUNDS.— viding additional transportation services, basis as is used for all public schools, con-
(1) A local educational agency or non-pub- repurposing existing school rooms and space, sistent with state law and in consultation
lic school that receives funds under sub- and improving ventilation systems. with charter school leaders.
section (c)(1) or section ll15 may use funds (B) Developing and implementation of pro- (h) REPORT.—A State receiving funds under
for any of the following: cedures and systems to improve the pre- this section shall submit a report to the Sec-
(A) Activities to support returning to in- paredness and response efforts of local edu- retary, not later than 6 months after receiv-
person instruction, including purchasing per- cational agencies or non-public schools, in- ing funding provided in this title, in such
sonal protective equipment, implementing cluding coordination with State, local, Trib- manner and with such subsequent frequency
flexible schedules to keep children in iso- al, and territorial public health departments, as the Secretary may require, that provides
lated groups, purchasing box lunches so that and other relevant agencies, to improve co- a detailed accounting of the use of funds pro-
children can eat in their classroom, pur- ordinated responses among such entities to vided under this section.
chasing physical barriers, providing addi- prevent, prepare for, and respond to (i) REALLOCATION.—A State shall return to
tional transportation services, repurposing coronavirus. the Secretary any funds received under this
existing school rooms and space, and improv- (C) Providing principals and others school section that the State does not award within
ing ventilation systems. leaders with the resources necessary to ad- 4 months of receiving such funds and the
(B) Developing and implementing proce- dress the needs of their individual schools. Secretary shall deposit such funds into the
dures and systems to improve the prepared- (D) Providing additional services to ad- general fund of the Treasury.
ness and response efforts of local educational dress the unique needs of low-income chil- (j) RULE OF CONSTRUCTION.—
agencies or non-public schools including co- dren or students, children with disabilities, (1) The receipt of any funds authorized or
ordination with State, local, Tribal, and ter- English learners, racial and ethnic minori- appropriated under this section, including
ritorial public health departments, and other ties, students experiencing homelessness, pursuant to section ll15 of this Act, by a
relevant agencies, to improve coordinated and foster care youth, including how out- nonprofit entity, or by any individual who
responses among such entities to prevent, reach and service delivery will meet the has been admitted or applied for admission
prepare for, and respond to coronavirus. needs of each population. to such entity (or any parent or guardian of
(C) Providing principals and other school (E) Training and professional development such individual), shall not be construed to
leaders with the resources necessary to ad- for staff of the local educational agency or render such entity or person a recipient of
dress the needs of their individual schools di- non-public school on sanitation and mini- Federal financial assistance for any purpose,
rectly related to coronavirus. mizing the spread of infectious diseases. nor shall any such person or entity be re-
(D) Providing additional services to ad- (F) Purchasing supplies to sanitize, clean, quired to make any alteration to its existing
dress the unique needs of low-income chil- and disinfect the facilities of a local edu- programs, facilities, or employment prac-
dren or students, children with disabilities, cational agency or non-public school, includ- tices except as required under this section.
English learners, racial and ethnic minori- ing buildings operated by such agency. (2) No State participating in any program
ties, students experiencing homelessness, (G) Purchasing educational technology (in- under this section, including pursuant to
and foster care youth, including how out- cluding hardware, software, and section ll15 of this Act, shall impose any
reach and service delivery will meet the connectivity) for students who are served by penalty or additional requirement upon, or
needs of each population. the local educational agency or non-public otherwise disadvantage, such entity or per-
(E) Training and professional development school that aids in regular and substantive son as a consequence or condition of its re-
for staff of the local educational agency or
educational interaction between students ceipt of such funds.
non-public school on sanitation and mini-
and their classroom instructors, including (3) No State participating in any program
mizing the spread of infectious diseases.
low-income students and students with dis- under this section shall authorize any person
(F) Purchasing supplies to sanitize, clean,
abilities, which may include assistive tech- or entity to use any funds authorized or ap-
and disinfect the facilities of a local edu-
nology or adaptive equipment. propriated under this section, including pur-
cational agency or non-public school, includ-
ing buildings operated by such agency.
(H) Expanding healthcare and other health suant to section ll15 of this Act, except as
services (including mental health services provided by subsection (e), nor shall any
(G) Planning for and coordinating during
and supports), including for children at risk such State impose any limits upon the use of
long-term closures, including for how to pro-
of abuse or neglect. any such funds except as provided by sub-
vide meals to eligible students, how to pro-
(I) Planning and implementing activities section (e).
vide technology for online learning to all
related to summer learning and supple- HIGHER EDUCATION EMERGENCY RELIEF FUND
students, how to provide guidance for car-
mental afterschool programs, including pro-
rying out requirements under the Individuals SEC. ll14. (a) IN GENERAL.—From funds
viding classroom instruction during the sum-
with Disabilities Education Act (20 U.S.C. reserved under section ll11(b)(3) of this
mer months and addressing the needs of low-
1401 et seq.) and how to ensure other edu- title the Secretary shall allocate amounts as
income students, students with disabilities,
cational services can continue to be provided follows:
English learners, migrant students, students
consistent with all Federal, State, and local (1) 85 percent to each institution of higher
experiencing homelessness, and children in
requirements. education described in section 101 or section
foster care.
(H) Purchasing educational technology (in- (f) STATE FUNDING.—A State may reserve 102(c) of the Higher Education Act of 1965 to
cluding hardware, software, and not more than 5 percent of the funds not oth- prevent, prepare for, and respond to
connectivity) for students who are served by erwise allocated under subsection (c) and coronavirus, by apportioning it—
the local educational agency or non-public section ll15 for administrative costs and (A) 90 percent according to the relative
school that aids in regular and substantive the remainder for emergency needs as deter- share of full-time equivalent enrollment of
educational interaction between students mined by the state educational agency to ad- Federal Pell Grant recipients who were not
and their classroom instructors, including dress issues responding to coronavirus, exclusively enrolled in distance education
low-income students and students with dis- which may be addressed through the use of courses prior to the coronavirus emergency;
abilities, which may include assistive tech- grants or contracts. and
nology or adaptive equipment. (g) ASSURANCES.—A State, state edu- (B) 10 percent according to the relative
(I) Expanding healthcare and other health cational agency, or local educational agency share of full-time equivalent enrollment of
services (including mental health services receiving funding under this section shall students who were not Federal Pell Grant re-
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and supports), including for children at risk provide assurances, as applicable, that: cipients who were not exclusively enrolled in
of abuse or neglect. (1) A State, State educational agency, or distance education courses prior to the
(J) Planning and implementing activities local educational agency will maintain and coronavirus emergency.
related to summer learning and supple- expand access to high-quality schools, in- (2) 10 percent for additional awards under
mental afterschool programs, including pro- cluding high-quality public charter schools, parts A and B of title III, parts A and B of
viding classroom instruction or online learn- and will not— title V, and subpart 4 of part A of title VII
ing during the summer months and address- (A) enact policies to close or prevent the of the Higher Education Act to address needs
ing the needs of low-income students, stu- expansion of such schools to address revenue directly related to coronavirus, that shall be
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4779
in addition to awards made in section tion to distance education, faculty and staff (b)(1) A non-public school that provides in-
ll14(a)(1) of this title, and allocated by the trainings, and payroll); and person instruction for at least 50 percent of
Secretary proportionally to such programs (2) provide financial aid grants to students its students where the students physically
based on the relative share of funding appro- (including students exclusively enrolled in attend school no less than 50 percent of each
priated to such programs in the Further Con- distance education), which may be used for school-week, as determined by the non-pub-
solidated Appropriations Act, 2020 (Public any component of the student’s cost of at- lic school prior to the coronavirus emer-
Law 116–94) and distributed to eligible insti- tendance or for emergency costs that arise gency, shall be eligible for the full amount of
tutions of higher education, except as other- due to coronavirus. assistance per student as prescribed under
wise provided in subparagraphs (A)–(D), on (d) SPECIAL PROVISIONS.— this section.
the basis of the formula described in section (1) A Historically Black College and Uni- (2) A non-public school that does not pro-
ll14(a)(1) of this title: versity or a Minority Serving Institution vide in-person instruction to any students
(A) Except as otherwise provided in sub- may use prior awards provided under titles where the students physically attend school
paragraph (B), for eligible institutions under III, V, and VII of the Higher Education Act in-person shall only be eligible for one-third
part B of title III and subpart 4 of part A of to prevent, prepare for, and respond to of the amount of assistance per student as
title VII of the Higher Education Act, the coronavirus. prescribed under this section.
Secretary shall allot to each eligible institu- (2) An institution of higher education re- (3) A non-public school that provides in-
tion an amount using the following formula: ceiving funds under section 18004 of division person instruction to at least some students
(i) 70 percent according to a ratio equiva- B of the CARES Act (Public Law 116–136) where the students physically attend school
lent to the number of Pell Grant recipients may use those funds under the terms and in-person but does not satisfy the require-
in attendance at such institution at the end conditions of section ll14(c) of this Act. ments in paragraph (1) shall have its amount
of the school year preceding the beginning of Amounts repurposed pursuant to this para- of assistance as prescribed under this section
the most recent fiscal year and the total graph that were previously designated by the reduced on a pro rata basis, which shall be
number of Pell Grant recipients at all such Congress as an emergency requirement pur- calculated using the same methodology as is
institutions; suant to the Balanced Budget and Emer- used under section ll13(c)(2)(C) of this
(ii) 20 percent according to a ratio equiva- gency Deficit Control Act of 1985 are des- title.
lent to the total number of students enrolled ignated by the Congress as an emergency re- (4) A Governor shall allocate not less than
at such institution at the end of the school quirement pursuant to section 251(b)(2)(A)(i) 50 percent of the funds reserved in this sec-
year preceding the beginning of that fiscal of the Balanced Budget and Emergency Def- tion to non-public schools within 30 days of
year and the number of students enrolled at icit Control Act of 1985. receiving an award from the Secretary and
all such institutions; and (3) No funds received by an institution of the remaining 50 percent not less than 4
(iii) 10 percent according to a ratio equiva- higher education under this section shall be months after receiving an award from the
lent to the total endowment size at all eligi- used to fund contractors for the provision of Secretary.
ble institutions at the end of the school year pre-enrollment recruitment activities; en- CONTINUED PAYMENT TO EMPLOYEES
preceding the beginning of that fiscal year dowments; or capital outlays associated with
and the total endowment size at such insti- SEC. ll16. A local educational agency,
facilities related to athletics, sectarian in- State, institution of higher education, or
tutions; struction, or religious worship.
(B) For eligible institutions under section other entity that receives funds under ‘‘Edu-
(4) An institution of higher education that cation Stabilization Fund’’, shall to the
326 of the Higher Education Act, the Sec- was required to remit payment to the Inter-
retary shall allot to each eligible institution greatest extent practicable, continue to pay
nal Revenue Service for the excise tax based its employees and contractors during the pe-
an amount in proportion to the award re- on investment income of private colleges and
ceived from funding for such institutions in riod of any disruptions or closures related to
universities under section 4968 of the Inter- coronavirus.
the Further Consolidated Appropriations nal Revenue Code of 1986 for tax year 2019
Act, 2020 (Public Law 116–94); shall have their allocation under this section DEFINITIONS
(C) For eligible institutions under section reduced by 50 percent and may only use SEC. ll17. Except as otherwise provided
316 of the Higher Education Act, the Sec- funds for activities described in paragraph in sections ll11–ll16 of this title, as used
retary shall allot funding according to the (c)(2). This paragraph shall not apply to an in such sections—
formula in section 316(d)(3) of the Higher institution of higher education designated by (1) the terms ‘‘elementary education’’ and
Education Act; and the Secretary as an eligible institution ‘‘secondary education’’ have the meaning
(D) Notwithstanding section 318(f) of the under section 448 of the Higher Education given such terms under State law;
Higher Education Act, for eligible institu- Act of 1965. (2) the term ‘‘institution of higher edu-
tions under section 318 of the Higher Edu- (e) REPORT.—An institution receiving cation’’ has the meaning given such term in
cation Act, the Secretary shall allot funding funds under this section shall submit a re- title I of the Higher Education Act of 1965 (20
according to the formula in section 318(e) of port to the Secretary, not later than 6 U.S.C. 1001 et seq.);
the Higher Education Act. months after receiving funding provided in (3) the term ‘‘Secretary’’ means the Sec-
(3) 5 percent for grants to institutions of this title, in such manner and with such sub- retary of Education;
higher education that the Secretary deter- sequent frequency as the Secretary may re- (4) the term ‘‘State’’ means each of the 50
mines, through an application process and quire, that provides a detailed accounting of States, the District of Columbia, and the
after allocating funds under paragraphs the use of funds provided under this section. Commonwealth of Puerto Rico;
ll14(a)(1) and (2) of this Act, have the (f) REALLOCATION.—Any funds allocated to (5) the term ‘‘cost of attendance’’ has the
greatest unmet needs related to coronavirus. an institution of higher education under this meaning given such term in section 472 of
In awarding funds to institutions of higher section on the basis of a formula described in the Higher Education Act of 1965.
education under this paragraph the Sec- subsection (a)(1) or (a)(2) but for which an in- (6) the term ‘‘Non-public school’’ means a
retary shall prioritize institutions of higher stitution does not apply for funding within non-public elementary and secondary school
education— 60 days of the publication of the notice invit- that (A) is accredited, licensed, or otherwise
(A) described under title I of the Higher ing applications, shall be reallocated to eli- operates in accordance with State law; and
Education Act of 1965 that were not eligible gible institutions that had submitted an ap- (B) was in existence prior to the date of the
to receive an award under section ll14(a)(1) plication by such date. qualifying emergency for which grants are
of this title, including institutions described ASSISTANCE TO NON-PUBLIC SCHOOLS awarded under this section;
in section 102(b) of the Higher Education Act (7) the term ‘‘public school’’ means a pub-
of 1965; and SEC. ll15. (a) FUNDS AVAILABILITY.—From
lic elementary or secondary school; and
(B) that otherwise demonstrate significant the payment provided by the Secretary
(8) any other term used that is defined in
needs related to coronavirus that were not under section ll13 of this title to a State
section 8101 of the Elementary and Sec-
addressed by funding allocated under sub- educational agency, the State educational
ondary Education Act of 1965 (20 U.S.C. 7801)
sections (a)(1) or (a)(2) of this section. agency shall reserve an amount of funds
shall have the meaning given the term in
(b) DISTRIBUTION.—The funds made avail- equal to the percentage of students enrolled
such section.
able to each institution under subsection in non-public elementary and secondary
schools in the State prior to the coronavirus MAINTENANCE OF EFFORT
(a)(1) shall be distributed by the Secretary
using the same systems as the Secretary emergency. Upon reserving funds under this SEC. ll18. A State’s application for funds
otherwise distributes funding to each insti- section, the Governor of the State shall to carry out sections ll12 or ll13 of this
award such funds equally to each non-public title shall include assurances that the State
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tution under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001 et seq.). school accredited or otherwise located in and will maintain support for elementary and
(c) USES OF FUNDS.—An institution of high- licensed to operate in the State based on the secondary education, and State support for
er education receiving funds under this sec- number of low-income students enrolled in higher education (which shall include State
tion may use the funds received to: the non-public school as a share of all low-in- funding to institutions of higher education
(1) defray expenses associated with come students enrolled in non-public ele- and state need-based financial aid, and shall
coronavirus (including lost revenue, reim- mentary and secondary schools in the State not include support for capital projects or
bursement for expenses already incurred, prior to the coronavirus emergency, subject for research and development or tuition and
technology costs associated with a transi- to the requirements in subsection (b). fees paid by students) in fiscal years 2020 and
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S4780 CONGRESSIONAL RECORD — SENATE August 4, 2020
2021 at least at the proportional levels of withstanding section 412(b) of the General Act for youth workforce investment activi-
such State’s support for elementary and sec- Education Provisions Act (20 U.S.C. 1225): ties shall give priority to out-of-school
ondary education and for higher education Provided, That such amount is designated by youth and eligible youth who are members of
relative to such States overall spending in the Congress as being for an emergency re- one or more populations listed in section
fiscal year 2019. quirement pursuant to section 251(b)(2)(A)(i) 3(24) of such Act (29 U.S.C. 3102(24));
STUDENT AID ADMINISTRATION of the Balanced Budget and Emergency Def- (3) $150,000,000 for adult employment and
For an additional amount for ‘‘Student Aid icit Control Act of 1985. training activities; and
SEC. ll21. Funds made available in Public (4) $150,000,000 for the dislocated workers
Administration’’, $40,000,000, to remain avail-
Law 113–76 under the heading ‘‘Innovation assistance national reserve:
able through September 30, 2021, to prevent,
and Improvement’’ that were available for Provided further, That notwithstanding sec-
prepare for, and respond to coronavirus, do-
obligation through December 31, 2014 for the tion 128(a) of the Workforce Innovation and
mestically or internationally, for carrying
Investing in Innovation program pursuant to Opportunity Act (29 U.S.C. 3163(a)), the Gov-
out part D of title I, and subparts 1, 3, 9 and
the eighth and ninth provisos under that ernor may reserve up to 25 percent of the
10 of part A, and parts B, C, D, and E of title
heading in that Act are to remain available funds allotted under each of paragraphs (1),
IV of the HEA, and subpart 1 of part A of
through fiscal year 2021 for the liquidation of (2), and (3) under this heading in this Act for
title VII of the Public Health Service Act: statewide activities described in sections
valid obligations incurred in fiscal years 2014
Provided, That such amount is designated by 129(b) and 134(a) of such Act: Provided further,
or 2015: Provided, That such amount is des-
the Congress as being for an emergency re- That notwithstanding section 128(b)(4) of the
ignated by the Congress as being for an
quirement pursuant to section 251(b)(2)(A)(i) Workforce Innovation and Opportunity Act
emergency requirement pursuant to section
of the Balanced Budget and Emergency Def- (29 U.S.C. 3163(b)(4)), local areas may use not
251(b)(2)(A)(i) of the Balanced Budget and
icit Control Act of 1985. more than 20 percent of the funds allocated
Emergency Deficit Control Act of 1985.
INSTITUTE OF EDUCATION SCIENCES SEC. ll22. Funds made available in Public to the local area under each of paragraphs
For an additional amount for ‘‘Institute of Law 113–76 under the heading ‘‘Rehabilita- (1), (2), and (3) under this heading in this Act
Education Sciences’’, $65,000,000, to remain tion Services and Disability Research’’ that for administrative costs: Provided further,
available through September 30, 2021, to pre- were available for obligation through fiscal That such amount is designated by the Con-
vent, prepare for, and respond to year 2015 for the Automated Personalization gress as being for an emergency requirement
coronavirus, domestically or internation- Computing Project pursuant to the first four pursuant to section 251(b)(2)(A)(i) of the Bal-
ally, for carrying out the National Assess- provisos under that heading in that Act are anced Budget and Emergency Deficit Control
ment of Educational Progress Authorization to remain available through fiscal year 2021 Act of 1985.
Act (title III of Public Law 107–279): Provided, for the liquidation of valid obligations in- STATE UNEMPLOYMENT INSURANCE AND
That such amount is designated by the Con- curred in fiscal years 2014 or 2015: Provided, EMPLOYMENT SERVICE OPERATIONS
gress as being for an emergency requirement That such amount is designated by the Con- For an additional amount for ‘‘State Un-
pursuant to section 251(b)(2)(A)(i) of the Bal- gress as being for an emergency requirement employment Insurance and Employment
anced Budget and Emergency Deficit Control pursuant to section 251(b)(2)(A)(i) of the Bal- Service Operations’’, $1,504,000,000, to pre-
Act of 1985. anced Budget and Emergency Deficit Control vent, prepare for, and respond to
DEPARTMENTAL MANAGEMENT Act of 1985. coronavirus, domestically or internation-
PROGRAM ADMINISTRATION ally, which may be expended from the Em-
SA 2521. Mr. BLUNT submitted an ployment Security Administration Account
For an additional amount for ‘‘Program amendment intended to be proposed to in the Unemployment Trust Fund (‘‘The
Administration’’, $8,000,000, to remain avail- Trust Fund’’), of which:
able through September 30, 2021, to prevent, amendment SA 2499 proposed by Mr.
MCCONNELL to the bill S. 178, to con- (1) $1,115,500,000 from the Trust Fund to re-
prepare for, and respond to coronavirus, do- main available through December 31, 2021, is
mestically or internationally: Provided, That demn gross human rights violations of
for grants to States for the administration of
such amount is designated by the Congress ethnic Turkic Muslims in Xinjiang, and State unemployment insurance laws as au-
as being for an emergency requirement pur- calling for an end to arbitrary deten- thorized under title III of the Social Security
suant to section 251(b)(2)(A)(i) of the Bal- tion, torture, and harassment of these Act including grants to upgrade information
anced Budget and Emergency Deficit Control communities inside and outside China; technology to improve the administration
Act of 1985. which was ordered to lie on the table; and processing of unemployment compensa-
OFFICE OF INSPECTOR GENERAL as follows: tion claims: Provided, That, the Secretary
For an additional amount for ‘‘Office of In- At the appropriate place, insert the fol- may distribute such amounts, with respect
spector General’’, $7,000,000, to remain avail- lowing: to upgrading information technology, based
able through September 30, 2022, to prevent, on the condition and needs of the State in-
TITLE ll——DEPARTMENTS OF LABOR,
prepare for, and respond to coronavirus, do- formation technology systems or other ap-
HEALTH AND HUMAN SERVICES, AND
mestically or internationally, including for propriate factors, which may include the
EDUCATION, AND RELATED AGENCIES
salaries and expenses necessary for oversight ratio described under section 903(a)(2)(B) of
and audit of programs, grants, and projects Subtitle A—Labor the Social Security Act: Provided further,
funded in this title to respond to DEPARTMENT OF LABOR That funds provided for information tech-
coronavirus: Provided, That such amount is EMPLOYMENT AND TRAINING ADMINISTRATION nology under this heading in this Act shall
designated by the Congress as being for an TRAINING AND EMPLOYMENT SERVICES be available for obligation by the States
emergency requirement pursuant to section For an additional amount for ‘‘Training through September 30, 2027 and available for
251(b)(2)(A)(i) of the Balanced Budget and and Employment Services’’, $950,000,000, to expenditure by the States through Sep-
Emergency Deficit Control Act of 1985. remain available through September 30, 2022, tember 30, 2028;
GENERAL PROVISIONS to prevent, prepare for, and respond to (2) $38,500,000 from the Trust Fund is for
SEC. ll19. Funds made available in Public coronavirus, domestically or internation- national activities necessary to support the
Law 115–245 under the heading ‘‘National ally, which shall be used as follows: administration of the Federal-State unem-
Technical Institute for the Deaf’’ that were (1) $500,000,000 for grants to States for dis- ployment insurance system, to remain avail-
available for obligation through fiscal year located worker employment and training ac- able through September 30, 2021; and
2019, and where a valid obligation was in- tivities, including training services provided (3) $350,000,000 from the Trust Fund is for
curred in such fiscal year, are to remain through individual training accounts, incum- grants to States in accordance with section
available for obligation and expenditure by bent worker training, transitional jobs, cus- 6 of the Wagner-Peyser Act, to remain avail-
educational agencies or institutions through tomized training, on-the-job training, the able through June 30, 2021:
Provided further, That such amount is des-
fiscal year 2021, notwithstanding section identification of training providers including
ignated by the Congress as being for an
412(b) of the General Education Provisions online providers, and activities to facilitate
emergency requirement pursuant to section
Act (20 U.S.C. 1225): Provided, That such remote access to employment and training
251(b)(2)(A)(i) of the Balanced Budget and
amount is designated by the Congress as services through a one-stop center that lead
Emergency Deficit Control Act of 1985.
being for an emergency requirement pursu- to employment in high-skill, high-wage, or
ant to section 251(b)(2)(A)(i) of the Balanced in-demand industry sectors or occupations, DEPARTMENTAL MANAGEMENT
Budget and Emergency Deficit Control Act including health care, direct care, and manu- SALARIES AND EXPENSES
of 1985. facturing; (INCLUDING TRANSFER OF FUNDS)
SSpencer on DSK126QN23PROD with SENATE
SEC. ll20. Funds made available in Public (2) $150,000,000 for grants to States for For an additional amount for ‘‘Depart-
Law 115–245 under the heading ‘‘Gallaudet youth workforce investment activities: Pro- mental Management’’, $15,600,000, to remain
University’’ that were available for obliga- vided, That a local board shall not be re- available until September 30, 2022, to pre-
tion through fiscal year 2019, and where a quired to meet the requirements of section vent, prepare for, and respond to
valid obligation was incurred in such fiscal 129(a)(4)(A) of the Workforce Innovation and coronavirus, including to enforce worker
year, are to remain available for obligation Opportunity Act (29 U.S.C. 3164(a)(4)(A)): Pro- protection laws and regulations, and to over-
and expenditure by educational agencies or vided further, That each State and local area see and coordinate activities related to divi-
institutions through fiscal year 2021, not- receiving funds under this paragraph in this sion C, division D, division E, and division F
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