Senate Amendments to S. 178, August 4, 2020, Page S4780 — Congressional Record
Summary
Page S4780 of the Senate section of the Congressional Record for August 4, 2020, headed Senate Amendments to S. 178, in interleaved columns, a long page of appropriations text. It includes $40,000,000 for Student Aid Administration and lines of $150,000,000 each for adult employment and training and for dislocated workers. Youth workforce funds give priority to out-of-school youth and eligible youth in listed populations. State education support is tied to proportional levels relative to fiscal year 2019 spending, and amounts are designated as emergency requirements.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Senate Amendments to S. 178, August 4, 2020, Page S4780 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4780-ca6b66e54b/
, SHA-256 1b883e7fa640b8c901339e4cc5c9a0d31d8917d2d685a6d1729ab2a69f7177f7.Full text
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
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.047 S04AUPT1
August 4, 2020 CONGRESSIONAL RECORD — SENATE S4781
of Public Law 116–127, and activities under making awards through other grant or coop- of non-federally owned facilities to improve
Public Law 116–136: Provided, That the Sec- erative agreement mechanisms: Provided fur- preparedness and response capability at the
retary of Labor may transfer the amounts ther, That of the amount provided under this State, territorial, tribal, and local level: Pro-
provided under this heading in this Act as heading in this Act, up to $500,000,000 shall be vided further, That funds provided under this
necessary to ‘‘Employment and Training Ad- for activities to plan, prepare for, promote, heading in this Act may be used for purchase
ministration—Program Administration’’, distribute, administer, monitor, and track and insurance of official motor vehicles in
‘‘Employee Benefits Security Administra- seasonal influenza vaccines to ensure broad- foreign countries: Provided further, That of
tion’’, ‘‘Wage and Hour Division’’, Office of based distribution, access, and vaccine cov- the amount provided under this heading in
Workers’ Compensation Programs’’, ‘‘Occu- erage: Provided further, That funds provided this Act, $1,000,000 shall be to develop and
pational Safety and Health Administration’’, under this heading in this Act may reim- maintain a data system to be known as the
and ‘‘Mine Safety and Health Administra- burse CDC obligations incurred for Public Safety Officer Suicide Reporting Sys-
tion’’, to prevent, prepare for, and respond to coronavirus vaccine planning, preparation, tem, to collect data on the suicide incidence
coronavirus, including for enforcement, promotion, and distribution prior to the en- among public safety officers; and facilitate
oversight, and coordination activities in actment of this Act: Provided further, That the study of successful interventions to re-
those accounts: Provided further, That of the CDC shall report to the Committees on Ap- duce suicide among public safety officers:
amount provided under this heading in this propriations of the House of Representatives Provided further, That such system shall be
Act, $5,000,000, to remain available until ex- and the Senate within 60 days of enactment integrated into the National Violent Death
pended, shall be transferred to ‘‘Office of In- of this Act on an enhanced seasonal influ- Reporting System: Provided further, That
spector General’’, for oversight of activities enza vaccination strategy to include nation- amounts repurposed under this heading in
related to Public Law 116–127 and Public Law wide vaccination goals and specific actions this Act that were previously designated by
116–136 and for oversight activities supported that CDC will take to achieve such goals: the Congress as an emergency requirement
with funds appropriated to the Department Provided further, That of the amount pro- pursuant to the Balanced Budget and Emer-
of Labor to prevent, prepare for, and respond vided under this heading in this Act, not less gency Deficit Control Act of 1985 are des-
to coronavirus: Provided further, That 15 days than $200,000,000 shall be for global disease ignated by the Congress as an emergency re-
prior to transferring any funds pursuant to detection and emergency response to be co- quirement pursuant to section 251(b)(2)(A)(i)
the previous provisos under the heading in ordinated with funds provided in Public Law of the Balanced Budget and Emergency Def-
this Act, the Secretary shall provide to the 116–123 and Public Law 116–136 to global dis- icit Control Act of 1985: Provided further,
Committees on Appropriations of the House ease detection and emergency response to That such amount is designated by the Con-
of Representatives and the Senate an oper- support CDC-led global health security re- gress as being for an emergency requirement
ating plan describing the planned uses of sponse including CDC regional planning ef- pursuant to section 251(b)(2)(A)(i) of the Bal-
each amount proposed to be transferred: Pro- forts: Provided further, That CDC shall pro- anced Budget and Emergency Deficit Control
vided further, That such amount is des- vide an update to the global health security Act of 1985.
ignated by the Congress as being for an report required in Public Law 116-94 within
90 days of enactment of this Act that shall NATIONAL INSTITUTES OF HEALTH
emergency requirement pursuant to section
include a spend plan for funds appropriated NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985. in the previous proviso and funds appro- For an additional amount for ‘‘National
priated for global disease detection and Heart, Lung, and Blood Institute’’,
GENERAL PROVISION emergency response in Public Law 116–123 $290,000,000, to remain available until Sep-
SEC. ll01. Paragraph (1) under the head- and Public Law 116–136: Provided further, tember 30, 2024, to prevent, prepare for, and
ing ‘‘Department of Labor—Veterans Em- That such spend plan shall describe the re- respond to coronavirus, domestically or
ployment and Training’’ of title I of division gions and countries that CDC will prioritize internationally: Provided, That such amount
A of Public Law 116–94 is amended by strik- and describe how CDC and USAID are coordi- is designated by the Congress as being for an
ing ‘‘obligation by the States through De- nating during planning and implementation: emergency requirement pursuant to section
cember 31, 2020’’ and inserting ‘‘expenditure Provided further, That within one year of en- 251(b)(2)(A)(i) of the Balanced Budget and
by the States through September 30, 2022’’: actment of this Act and every 365 days there- Emergency Deficit Control Act of 1985.
Provided, That such amount is designated by after until funds provided in the eighth pro-
the Congress as being for an emergency re- NATIONAL INSTITUTE OF DIABETES AND
viso in this paragraph and in Public Law 116–
quirement pursuant to section 251(b)(2)(A)(i) DIGESTIVE AND KIDNEY DISEASES
123 and Public Law 116–136 for global disease
of the Balanced Budget and Emergency Def- detection and emergency response are ex- For an additional amount for ‘‘National In-
icit Control Act of 1985. pended, CDC shall provide an evaluation out- stitute of Diabetes and Digestive and Kidney
Subtitle B—Health and Human Services lining how investments in countering global Diseases’’, $200,000,000, to remain available
health threats, as well as investments made until September 30, 2024, to prevent, prepare
DEPARTMENT OF HEALTH AND HUMAN
by region or country, as applicable, have im- for, and respond to coronavirus, domestically
SERVICES
proved infectious disease response capability or internationally: Provided, That such
CENTERS FOR DISEASE CONTROL AND amount is designated by the Congress as
in the region or country and additional
PREVENTION being for an emergency requirement pursu-
progress needed: Provided further, That of the
CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT amount provided under this heading in this ant to section 251(b)(2)(A)(i) of the Balanced
For an additional amount for ‘‘CDC-Wide Act, not less than $200,000,000 shall be for Budget and Emergency Deficit Control Act
Activities and Program Support’’, public health data surveillance and analytics of 1985.
$3,400,000,000, to remain available until Sep- modernization to be coordinated with funds NATIONAL INSTITUTE OF ALLERGY AND
tember 30, 2024, to prevent, prepare for, and provided in Public Law 116–136 to support INFECTIOUS DISEASES
respond to coronavirus, domestically or CDC-led data modernization efforts to im-
For an additional amount for ‘‘National In-
internationally: Provided, That of the prove disease reporting across the country:
stitute of Allergy and Infectious Diseases’’,
amount provided under this heading in this Provided further, That CDC shall update the
$480,555,000, to remain available until Sep-
Act, not less than $1,500,000,000 shall be for public health data surveillance and IT sys-
tember 30, 2024, to prevent, prepare for, and
grants to or cooperative agreements with tems modernization report to the Commit-
respond to coronavirus, domestically or
States, localities, territories, tribes, tribal tees on Appropriations of the House of Rep-
internationally: Provided, That $55,000,000
organizations, urban Indian health organiza- resentatives and the Senate required by Pub-
shall be for Regional Biocontainment Lab-
tions, or health service providers to tribes, lic Law 116–94 within 180 days of enactment
oratories: Provided further, That funding pro-
including to carry out surveillance, epidemi- of this Act and every 365 days thereafter
vided in the previous proviso shall be divided
ology, laboratory capacity, infection con- until funds provided under this heading in
evenly among the eleven laboratories: Pro-
trol, immunization activity, mitigation, this Act and in Public Law 116–136 for public
vided further, That such amount is des-
communications, and other preparedness and health surveillance and data collection mod-
ignated by the Congress as being for an
response activities: Provided further, That ernization are expended: Provided further,
emergency requirement pursuant to section
the amounts included in the previous proviso That such report shall include an assessment
251(b)(2)(A)(i) of the Balanced Budget and
shall be allocated to States, localities, and of the progress State and territorial public
Emergency Deficit Control Act of 1985.
territories according to the formula that ap- health lab grantees have had in meeting data
plied to the Public Health Emergency Pre- modernization goals, an assessment of the EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE
paredness cooperative agreement in fiscal progress CDC internal public health data OF CHILD HEALTH AND HUMAN DEVELOPMENT
year 2019: Provided further, That of the systems have had meeting data moderniza- For an additional amount for ‘‘Eunice Ken-
SSpencer on DSK126QN23PROD with SENATE
amount in the first proviso, not less than tion goals, and a detailed plan for CDC’s nedy Shriver National Institute of Child
$125,000,000 shall be allocated to tribes, tribal long-term data modernization goals, includ- Health and Human Development’’,
organizations, urban Indian health organiza- ing how CDC will receive near real-time data $172,680,000, to remain available until Sep-
tions, or health service providers to tribes: across the disease reporting platforms: Pro- tember 30, 2024, to prevent, prepare for, and
Provided further, That the Director of the vided further, That funds appropriated under respond to coronavirus, domestically or
Centers for Disease Control and Prevention this heading in this Act may be used for internationally: Provided, That such amount
(‘‘CDC’’) may satisfy the funding thresholds grants for the rent, lease, purchase, acquisi- is designated by the Congress as being for an
outlined in the first and third provisos by tion, construction, alteration, or renovation emergency requirement pursuant to section
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1
S4782 CONGRESSIONAL RECORD — SENATE August 4, 2020
251(b)(2)(A)(i) of the Balanced Budget and tribution of the virus, and vaccine hesitancy: prepare for, and respond to coronavirus, do-
Emergency Deficit Control Act of 1985. Provided further, That the Academies shall mestically and internationally: Provided,
NATIONAL INSTITUTE OF MENTAL HEALTH provide recommendations to the Advisory That amounts appropriated under this head-
Committee on Immunization Practices no ing in this Act shall be for Centers for Medi-
For an additional amount for ‘‘National In-
later than September 18, 2020: Provided fur- care and Medicaid Services (‘‘CMS’’) strike
stitute of Mental Health’’, $200,000,000, to re-
ther, That the agreement shall include an on- teams for resident and employee safety in
main available until September 30, 2024, to
going assessment of how vaccine distribution skilled nursing facilities and nursing facili-
prevent, prepare for, and respond to
meets equity criteria and recommendations ties, including activities to support clinical
coronavirus, domestically or internation-
for how vaccine distribution may better care, infection control, and staffing: Provided
ally: Provided, That such amount is des-
align with such criteria as applicable which further, That CMS shall provide a report to
ignated by the Congress as being for an
shall inform the Advisory Committee on Im- the Committees on Appropriations of the
emergency requirement pursuant to section
munization Practices prioritization rec- House of Representatives and the Senate 30
251(b)(2)(A)(i) of the Balanced Budget and
ommendations and vaccine distribution ac- days after enactment of this Act outlining a
Emergency Deficit Control Act of 1985.
tivities: Provided further, That such amount plan for executing strike team efforts, in-
NATIONAL INSTITUTE ON MINORITY HEALTH AND is designated by the Congress as being for an cluding how safety and infection control
HEALTH DISPARITIES emergency requirement pursuant to section measures will be assessed, how facilities will
For an additional amount for ‘‘National In- 251(b)(2)(A)(i) of the Balanced Budget and be chosen, and the frequency by which
stitute on Minority Health and Health Dis- Emergency Deficit Control Act of 1985. skilled nursing facilities and nursing facili-
parities’’, $64,334,000, to remain available SUBSTANCE ABUSE AND MENTAL HEALTH ties will be visited: Provided further, That
until September 30, 2024, to prevent, prepare SERVICES ADMINISTRATION CMS shall administer section 223 of Public
for, and respond to coronavirus, domestically HEALTH SURVEILLANCE AND PROGRAM SUPPORT
Law 113–93 and consult with the Substance
or internationally: Provided, That such Abuse and Mental Health Services Adminis-
amount is designated by the Congress as For an additional amount for ‘‘Heath Sur- tration, as necessary: Provided further, That
being for an emergency requirement pursu- veillance and Program Support’’, such amount is designated by the Congress
ant to section 251(b)(2)(A)(i) of the Balanced $4,500,000,000, to remain available through as being for an emergency requirement pur-
Budget and Emergency Deficit Control Act September 30, 2021, to prevent, prepare for, suant to section 251(b)(2)(A)(i) of the Bal-
of 1985. and respond to coronavirus, domestically or anced Budget and Emergency Deficit Control
internationally: Provided, That of the Act of 1985.
NATIONAL CENTER FOR ADVANCING
amount appropriated under this heading in
TRANSLATIONAL SCIENCES
this Act, $1,500,000,000 shall be for grants for ADMINISTRATION FOR CHILDREN AND FAMILIES
For an additional amount for ‘‘National the substance abuse prevention and treat- LOW INCOME HOME ENERGY ASSISTANCE
Center for Advancing Translational ment block grant program under subpart II For an additional amount for ‘‘Low Income
Sciences’’, $1,224,750,000, to remain available of part B of title XIX of the Public Health Home Energy Assistance’’, $1,500,000,000, to
until September 30, 2024, to prevent, prepare Service Act (‘‘PHS Act’’): Provided further, remain available through September 30, 2021,
for, and respond to coronavirus, domestically That of the amount appropriated under this to prevent, prepare for, or respond to
or internationally: Provided, That such heading in this Act, $2,000,000,000 shall be for coronavirus, domestically or internation-
amount is designated by the Congress as grants for the community mental health ally, which shall be for making payments
being for an emergency requirement pursu- services block grant program under subpart I under subsection (b) of section 2602 of the
ant to section 251(b)(2)(A)(i) of the Balanced of part B of title XIX of the PHS Act: Pro- Low-Income Home Energy Assistance Act of
Budget and Emergency Deficit Control Act vided further, That of the amount appro- 1981 (42 U.S.C. 8621 et seq.): Provided, That of
of 1985. priated in the previous proviso, the Assistant the amount provided under this heading in
OFFICE OF THE DIRECTOR Secretary is directed to provide no less than this Act, $375,000,000 shall be allocated as
(INCLUDING TRANSFER OF FUNDS)
50 percent of funds directly to facilities de- though the total appropriation for such pay-
fined in section 1913(c) of the PHS Act: Pro- ments for fiscal year 2020 was less than
For an additional amount for ‘‘Office of the vided further, That of the amount appro- $1,975,000,000: Provided further, That section
Director’’, $12,905,337,000, to remain available priated under this heading in this Act, not 2607(b)(2)(B) of such Act (42 U.S.C.
until September 30, 2024, to prevent, prepare less than $600,000,000 is available for Certified 8626(b)(2)(B)) shall not apply to funds made
for, and respond to coronavirus, domestically Community Behavioral Health Clinic Expan- available under this heading in this Act in
or internationally: Provided, That not less sion Grant program: Provided further, That of fiscal year 2020: Provided further, That such
than $10,100,000,000 of the amount provided the amount appropriated under this heading amount is designated by the Congress as
under this heading in this Act shall be for in this Act, not less than $50,000,000 shall be being for an emergency requirement pursu-
offsetting the costs related to reductions in available for suicide prevention programs: ant to section 251(b)(2)(A)(i) of the Balanced
lab productivity resulting from the Provided further, That of the amount appro- Budget and Emergency Deficit Control Act
coronavirus pandemic or public health meas- priated under this heading in this Act, of 1985.
ures related to the coronavirus pandemic: $100,000,000 shall be for activities and serv-
Provided further, That $1,325,337,000 of the PAYMENTS TO STATES FOR THE CHILD CARE AND
ices under Project AWARE: Provided further, DEVELOPMENT BLOCK GRANT
amount provided under this heading in this That of the amount appropriated under this
Act shall be to support additional scientific heading in this Act, not less than $250,000,000 For an additional amount for ‘‘Payments
research or the programs and platforms that is available for activities authorized under to States for the Child Care and Develop-
support research: Provided further, That section 501(o) of the PHS Act: Provided fur- ment Block Grant’’, $5,000,000,000, to remain
$1,240,000,000 of the amount provided under ther, That from within the amount appro- available through September 30, 2021, to pre-
this heading in this Act shall be provided to priated under this heading in this Act in the vent, prepare for, and respond to
accelerate the research and development of previous provisos, a total of not less than coronavirus, domestically or internation-
therapeutic interventions and vaccines in $15,000,000 shall be allocated to tribes, tribal ally, including for Federal administrative
partnership: Provided further, that no less organizations, urban Indian health organiza- expenses, which shall be used to supplement,
than $240,000,000 of the amount provided tions, or health or behavioral health service not supplant State, Territory, and Tribal
under this heading in this Act shall be for providers to tribes: Provided further, That general revenue funds for child care assist-
supplements to existing research training with respect to the amount appropriated ance for low-income families within the
awards for extensions and other costs: Pro- under this heading in this Act the Substance United States (including territories) without
vided further, That funds available under this Abuse and Mental Health Services Adminis- regard to requirements in sections
heading in this Act may be transferred to tration may waive requirements with respect 658E(c)(3)(D)–(E) or 658G of the Child Care
the accounts of Institutes and Centers of the to allowable activities, timelines, or report- and Development Block Grant Act: Provided,
NIH: Provided further, That this transfer au- ing requirements for the Substance Abuse That funds provided under this heading in
thority is in addition to any other transfer Prevention and Treatment Block Grant and this Act may be used to provide continued
authority available to the NIH: Provided fur- the Community Mental Health Services payments and assistance to child care pro-
ther, That the Director shall enter into an Block Grant as deemed necessary to facili- viders in the case of decreased enrollment or
agreement with the National Academies of tate a grantee’s response to coronavirus: Pro- closures related to coronavirus, and to as-
Sciences, Engineering, and Medicine (‘‘Acad- vided further, That such amount is des- sure they are able to remain open or reopen
emies’’) to develop a decision framework to ignated by the Congress as being for an as appropriate and applicable: Provided fur-
assist domestic and global health authorities ther, That States, Territories, and Tribes are
SSpencer on DSK126QN23PROD with SENATE
emergency requirement pursuant to section
in planning an equitable allocation of 251(b)(2)(A)(i) of the Balanced Budget and encouraged to place conditions on payments
coronavirus vaccines: Provided further, That Emergency Deficit Control Act of 1985. to child care providers that ensure that child
the Academies shall consider equity criteria care providers use a portion of funds received
which may include consideration of risk fac- CENTERS FOR MEDICARE & MEDICAID SERVICES to continue to pay the salaries and wages of
tors related to health disparities and health PROGRAM MANAGEMENT staff: Provided further, That the Secretary
care access, underlying health conditions, For an additional amount for ‘‘Program shall remind States that CCDBG State plans
racial and ethnic minorities, higher-risk oc- Management’’, $150,000,000, to remain avail- do not need to be amended prior to utilizing
cupations, first responders, geographic dis- able through September 30, 2023, to prevent, existing authorities in the CCDBG Act for
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1
August 4, 2020 CONGRESSIONAL RECORD — SENATE S4783
the purposes provided herein: Provided fur- BACK TO WORK CHILD CARE GRANTS Fund’’, $29,000,000,000, to remain available
ther, That States, Territories, and Tribes are For an additional amount for ‘‘Back to until September 30, 2024, to prevent, prepare
authorized to use funds appropriated under Work Child Care Grants’’, $10,000,000,000, to for, and respond to coronavirus, domestically
this heading in this Act to provide child care remain available through September 30, 2021, or internationally, including the develop-
assistance to health care sector employees, to prevent, prepare for, and respond to ment of necessary countermeasures and vac-
emergency responders, sanitation workers, coronavirus, domestically or internation- cines, prioritizing platform-based tech-
and other workers deemed essential during ally, which shall be for activities to carry nologies with U.S.-based manufacturing ca-
the response to coronavirus by public offi- out Back to Work Child Care Grants to pabilities, the purchase of vaccines, thera-
cials, without regard to the income eligi- qualified child care providers, for a transi- peutics, diagnostics, necessary medical sup-
bility requirements of section 658P(4) of such tion period of not more than 9 months to as- plies, as well as medical surge capacity, ad-
Act: Provided further, That funds appro- sist in paying for fixed costs and increased dressing blood supply chain, workforce mod-
priated under this heading in this Act shall operating expenses due to COVID–19, and to ernization, telehealth access and infrastruc-
be available to eligible child care providers reenroll children in an environment that ture, initial advanced manufacturing, novel
under section 658P(6) of the CCDBG Act, even supports the health and safety of children dispensing, enhancements to the U.S. Com-
if such providers were not receiving CCDBG and staff: Provided, That such amount is des- missioned Corps, and other preparedness and
assistance prior to the public health emer- ignated by the Congress as being for an response activities: Provided, That funds ap-
gency as a result of the coronavirus and any emergency requirement pursuant to section propriated under this paragraph in this Act
renewal of such declaration pursuant to such 251(b)(2)(A)(i) of the Balanced Budget and may be used to develop and demonstrate in-
section 319, for the purposes of cleaning and Emergency Deficit Control Act of 1985. novations and enhancements to manufac-
sanitation, and other activities necessary to ADMINISTRATION FOR COMMUNITY LIVING turing platforms to support such capabili-
maintain or resume the operation of pro- AGING AND DISABILITY SERVICES PROGRAMS ties: Provided further, That the Secretary of
grams: Provided further, That payments made For an additional amount for ‘‘Aging and Health and Human Services shall purchase
under this heading in this Act may be obli- Disability Services Programs’’, $75,000,000, to vaccines developed using funds made avail-
gated in this fiscal year or the succeeding remain available until September 30, 2021, to able under this paragraph in this Act to re-
two fiscal years: Provided further, That funds prevent, prepare for, and respond to spond to an outbreak or pandemic related to
appropriated under this heading in this Act coronavirus, domestically or internation- coronavirus in quantities determined by the
may be made available to restore amounts, ally: Provided, That of the amount made Secretary to be adequate to address the pub-
either directly or through reimbursement, available under this heading in this Act to lic health need: Provided further, That prod-
for obligations incurred to prevent, prepare prevent, prepare for, and respond to ucts purchased by the Federal government
for, and respond to coronavirus, domestically coronavirus, $58,000,000 shall be for activities with funds made available under this para-
or internationally, prior to the date of enact- authorized under the Older Americans Act of graph in this Act, including vaccines, thera-
ment of this Act: Provided further, That such 1965 (‘‘OAA’’), including $3,000,000 to imple- peutics, and diagnostics, shall be purchased
amount is designated by the Congress as ment a demonstration program on strategies in accordance with Federal Acquisition Reg-
being for an emergency requirement pursu- to recruit, retain, and advance direct care ulation guidance on fair and reasonable pric-
ant to section 251(b)(2)(A)(i) of the Balanced workers under section 411(a)(13) of the OAA; ing: Provided further, That the Secretary may
Budget and Emergency Deficit Control Act $35,000,000 for supportive services under part take such measures authorized under current
B of title III of the OAA; and $20,000,000 for law to ensure that vaccines, therapeutics,
of 1985.
support services for family caregivers under and diagnostics developed from funds pro-
CHILDREN AND FAMILIES SERVICES PROGRAMS part E of title III of the OAA: Provided fur- vided in this title will be affordable in the
ther, That of the amount made available commercial market: Provided further, That in
For an additional amount for ‘‘Children
under this heading in this Act, $10,000,000 carrying out the previous proviso, the Sec-
and Families Services Programs’’,
shall be available to support protection and retary shall not take actions that delay the
$190,000,000, to remain available through Sep-
advocacy systems, as described under sub- development of such products: Provided fur-
tember 30, 2021, to prevent, prepare for, and
title C of title I of the Developmental Dis- ther, That the Secretary shall ensure that
respond to coronavirus, domestically or
abilities Assistance and Bill of Rights Act of protections remain for individuals enrolled
internationally, including for Federal ad-
2000 (42 U.S.C. 15041 et seq.): Provided further, in group or individual health care coverage
ministrative expenses, which shall be used as with pre-existing conditions, including those
That of the amount made available under
follows: linked to coronavirus: Provided further, That
this heading in this Act, $2,000,000 shall be
(1) $65,000,000 for Family Violence Preven- products purchased with funds appropriated
for training, technical assistance, and re-
tion and Services grants as authorized by under this paragraph in this Act may, at the
source centers authorized under sections
section 303(a) and 303(b) of the Family Vio- discretion of the Secretary of Health and
202(a) and 411 of the OAA; training and tech-
lence and Prevention and Services Act with nical assistance to centers for independent Human Services, be deposited in the Stra-
such funds available to grantees without re- living as authorized under section 721(b) of tegic National Stockpile under section 319F–
gard to matching requirements under section the Rehabilitation Act of 1973 (except that 2 of the Public Health Service Act: Provided
306(c)(4) of such Act, of which $2,000,000 shall the reservations under paragraph (1) of such further, That of the amount appropriated
be for the National Domestic Violence Hot- section shall not apply); technical assistance under this paragraph in this Act, not more
line: Provided, That the Secretary may make by the Secretary of Health and Human Serv- than $2,000,000,000 shall be for the Strategic
such funds available for providing temporary ices (‘‘Secretary’’) to State Councils on De- National Stockpile under section 319F–2(a) of
housing and assistance to victims of family, velopmental Disabilities as authorized under such Act: Provided further, That funds appro-
domestic, and dating violence; subtitle B of title I of the Developmental priated under this paragraph in this Act may
(2) $75,000,000 for child welfare services as Disabilities Assistance and Bill of Rights Act be transferred to, and merged with, the fund
authorized by subpart 1 of part B of title IV of 2000 (except that the reservations under authorized by section 319F–4, the Covered
of the Social Security Act (other than sec- section 129(b) of such Act shall not apply); Counter measure Process Fund, of the Public
tions 426, 427, and 429 of such subpart), with technical assistance by the Secretary to pro- Health Service Act: Provided further, That of
such funds available to grantees without re- tection and advocacy systems as authorized the amount appropriated under this para-
gard to matching requirements under section under subtitle C of such title (except that graph in this Act, $20,000,000,000 shall be
424(a) of that Act or any applicable reduc- the limits under section 142(a)(6) of such Act available to the Biomedical Advanced Re-
tions in Federal financial participation shall not apply); and technical assistance to search and Development Authority for nec-
under section 424(f) of that Act; and University Centers for Excellence in Devel- essary expenses of manufacturing, produc-
(3) $50,000,000 for necessary expenses for opmental Disabilities Education, Research, tion, and purchase, at the discretion of the
community-based grants for the prevention and Service as authorized under section Secretary, of vaccines, therapeutics,
of child abuse and neglect under section 209 151(c) of such Act (except that the reserva- diagnostics, and small molecule active phar-
of the Child Abuse Prevention and Treat- tions under section 156(a)(3)(B) of such Act maceutical ingredients, including the devel-
ment Act, which the Secretary shall make shall not apply): Provided further, That of the opment, translation, and demonstration at
available without regard to section 203(b)(1) amount made available under this heading in scale of innovations in manufacturing plat-
and 204(4) of such Act: this Act, $5,000,000 shall be for activities au- forms: Provided further, That funds in the
thorized in the Assistive Technology Act of
Provided further, That funds appropriated previous proviso may be used for the con-
2004: Provided further, That such amount is
under this heading in this Act may be made struction or renovation of U.S.-based next
designated by the Congress as being for an
available to restore amounts, either directly generation manufacturing facilities, other
emergency requirement pursuant to section
or through reimbursement, for obligations than facilities owned by the United States
SSpencer on DSK126QN23PROD with SENATE
251(b)(2)(A)(i) of the Balanced Budget and
incurred to prevent, prepare for, and respond Emergency Deficit Control Act of 1985. Government: Provided further, That of the
to coronavirus, domestically or internation- amount provided under this heading in this
ally, prior to the date of enactment of this OFFICE OF THE SECRETARY Act, $6,000,000,000 shall be for activities to
Act: Provided further, That such amount is PUBLIC HEALTH AND SOCIAL SERVICES plan, prepare for, promote, distribute, ad-
designated by the Congress as being for an EMERGENCY FUND minister, monitor, and track coronavirus
emergency requirement pursuant to section (INCLUDING TRANSFER OF FUNDS) vaccines to ensure broad-based distribution,
251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Public access, and vaccine coverage: Provided fur-
Emergency Deficit Control Act of 1985. Health and Social Services Emergency ther, That the Secretary shall coordinate
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1
S4784 CONGRESSIONAL RECORD — SENATE August 4, 2020
funding and activities outlined in the pre- subject to requirements under the National to conduct surveillance and contact tracing,
vious proviso through the Director of CDC: Environmental Policy Act of 1969 or the Na- support development of COVID–19 testing
Provided further, That the Secretary, through tional Historic Preservation Act of 1966: Pro- plans, and other related activities related to
the Director of CDC, shall report to the Com- vided further, That for the purposes of any COVID–19 testing: Provided, That of the
mittees on Appropriations of the House of funding provided for fiscal year 2020 for the amount appropriated under this paragraph in
Representatives and the Senate within 60 Health Centers Program pursuant to section this Act, not less than $15,000,000,000 shall be
days of enactment of this Act on a com- 330 of the PHS Act (42 U.S.C. 254b), maintain- for States, localities, territories, tribes, trib-
prehensive coronavirus vaccine distribution ing current health center capacity and staff- al organizations, urban Indian health organi-
strategy and spend plan that includes how ing levels during a public health emergency zations, or health service providers to tribes
existing infrastructure will be leveraged, en- as a result of the coronavirus and any re- for necessary expenses for testing, contact
hancements or new infrastructure that may newal of such declaration pursuant to such tracing, surveillance, containment, and miti-
be built, considerations for moving and stor- section 319 shall be deemed a cost of preven- gation, including support for workforce, epi-
ing vaccines, guidance for how States and tion, diagnosis, and treatment of demiology, use by employers, elementary
health care providers should prepare for, coronavirus: Provided further, That and secondary schools, child care facilities,
store, and administer vaccines, nationwide $250,000,000 of the funds appropriated under institutions of higher education, long-term
vaccination targets, funding that will be dis- this paragraph in this Act shall be trans- care facilities, or in other settings, scale up
tributed to States, how an informational ferred to ‘‘Health Resources and Services Ad- of testing by public health, academic, com-
campaign to both the public and health care ministration—Bureau of Health Workforce’’, mercial, and hospital laboratories, and com-
providers will be executed, and how the vac- to remain available until September 30, 2022, munity-based testing sites, health care fa-
cine distribution plan will focus efforts on for supplements to existing payments under cilities, and other entities engaged in
high risk, underserved, and minority popu- subsections 340E(a) and (h)(1) notwith- COVID–19 testing, and other related activi-
lations: Provided further, That such plan standing the cap imposed by subsection (h)(1) ties related to COVID–19 testing, contact
shall be updated and provided to the Com- and notwithstanding subsection (h)(6), for tracing, surveillance, containment, and miti-
mittees on Appropriations of the House of Children’s Hospitals Graduate Medical Edu- gation: Provided further, That the amount
Representatives and the Senate 90 days after cation, to prevent, prepare for, and respond identified in the preceding proviso shall be
submission of the first plan: Provided further, to coronavirus, domestically or internation- allocated to States, localities, and terri-
That the Secretary shall notify the Commit- ally: Provided further, That $5,000,000 of the tories according to the formula that applied
tees on Appropriations of the House of Rep- funds appropriated under this paragraph in to the Public Health Emergency Prepared-
resentatives and the Senate 2 days in ad- this Act shall be transferred to ‘‘Health Re- ness cooperative agreement in fiscal year
vance of any obligation in excess of sources and Services Administration—Health 2019: Provided further, That not less than
$50,000,000, including but not limited to con- Care Systems’’, to remain available until $500,000,000 shall be allocated in coordination
tracts and interagency agreements, from September 30, 2022, for activities under sec- with the Director of the Indian Health Serv-
funds provided in this paragraph in this Act: tions 1271 and 1273 of the PHS Act to improve ice, to tribes, tribal organizations, urban In-
Provided further, That funds appropriated the capacity of poison control centers to re- dian health organizations, or health service
under this paragraph in this Act may be used spond to increased calls: Provided further, providers to tribes: Provided further, That the
for the construction, alteration, or renova- That of the amount appropriated under this Secretary of Health and Human Services (re-
tion of non-federally owned facilities for the paragraph in this Act, $225,000,000 shall be for ferred to in this paragraph as the ‘‘Sec-
production of vaccines, therapeutics, grants or other mechanisms, to rural health retary’’) may satisfy the funding thresholds
diagnostics, and medical supplies where the clinics as defined in section 1861(aa)(2) of the outlined in the first and third provisos under
Secretary determines that such a contract is Social Security Act with such funds also this paragraph in this Act by making awards
necessary to secure sufficient amounts of available to such entities for building or con- through other grant or cooperative agree-
such supplies: Provided further, That the not struction of temporary structures, leasing of ment mechanisms: Provided further, That the
later than 30 days after enactment of this properties, and retrofitting facilities as nec- Governor or designee of each State, locality,
Act, and every 30 days thereafter until funds essary to support COVID–19 testing: Provided territory, tribe, or tribal organization re-
are expended, the Secretary shall report to further, That such funds shall be distributed ceiving funds pursuant to this title shall up-
the Committees on Appropriations of the using the procedures developed for the Pro- date their plans, as applicable, for COVID–19
House of Representatives and the Senate on vider Relief Fund authorized under the third testing and contact tracing submitted to the
uses of funding for Operation Warp Speed, paragraph under this heading in division B of Secretary pursuant to the Paycheck Protec-
detailing current obligations by Department the Coronavirus Aid, Relief, and Economic tion Program and Health Care Enhancement
or Agency, or component thereof broken out Security Act (Public Law 116–136); may be Act (Public Law 116–139) and submit such up-
by the coronavirus supplemental appropria- distributed using contracts or agreements dates to the Secretary not later than 60 days
tions Act that provided the source of funds: established for such program; and shall be after funds appropriated in this paragraph in
Provided further, That the plan outlined in subject to the process requirements applica- this Act have been awarded to such recipi-
the previous proviso shall include funding by ble to such program: Provided further, That ent: Provided further, That funds an entity
contract, grant, or other transaction in ex- the Secretary may specify a minimum receives from amounts described in the first
cess of $20,000,000 with a notation of which amount for each eligible entity accepting as- proviso in this paragraph may also be used
Department or Agency, and component sistance under the two previous provisos: for the rent, lease, purchase, acquisition,
thereof is managing the contract: Provided Provided further, That of the amount made construction, alteration, renovation, or
further, That such amount is designated by available under this heading in this Act to equipping of non-federally owned facilities to
the Congress as being for an emergency re- prevent, prepare for, and respond to improve coronavirus preparedness and re-
quirement pursuant to section 251(b)(2)(A)(i) coronavirus, $5,000,000, shall be available to sponse capability at the State and local
of the Balanced Budget and Emergency Def- implement section 747A of the PHS Act and level: Provided further, That such amount is
icit Control Act of 1985. section 747A(c) shall not apply to these designated by the Congress as being for an
For an additional amount for ‘‘Public funds: Provided further, That such amount is emergency requirement pursuant to section
Health and Social Services Emergency designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and
Fund’’, $8,085,000,000, to remain available emergency requirement pursuant to section Emergency Deficit Control Act of 1985.
until September 30, 2022, to prevent, prepare 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Public
for, and respond to coronavirus, domestically Emergency Deficit Control Act of 1985. Health and Social Services Emergency
or internationally: Provided, That For an additional amount for ‘‘Public Fund’’, $25,000,000,000, to remain available
$7,600,000,000 of the funds appropriated under Health and Social Services Emergency until expended, to prevent, prepare for, and
this paragraph in this Act shall be trans- Fund’’, $16,000,000,000, to remain available respond to coronavirus, domestically or
ferred to ‘‘Health Resources and Services Ad- until expended, to prevent, prepare for, and internationally, which shall be for necessary
ministration—Primary Health Care’’ for respond to coronavirus, domestically or expenses to reimburse, through grants or
grants, cooperative agreements, and other internationally, which shall be for necessary other mechanisms, eligible health care pro-
necessary expenses under the Health Centers expenses for testing, contact tracing, sur- viders for health care related expenses or
Program, as defined by section 330 of the veillance, containment, and mitigation to lost revenues that are attributable to
PHS Act, including funding for alteration, monitor and suppress COVID–19, including coronavirus: Provided, That these funds may
renovation, construction, equipment, and tests for both active infection and prior ex- not be used to reimburse expenses or losses
other capital improvement costs, and includ- posure, including molecular, antigen, and se- that have been reimbursed from other
ing funding to support, maintain, or increase rological tests, the manufacturing, procure- sources or that other sources are obligated
SSpencer on DSK126QN23PROD with SENATE
health center capacity and staffing levels, as ment and distribution of tests, testing equip- to reimburse: Provided further, That recipi-
necessary, to meet the needs of areas af- ment and testing supplies, including per- ents of payments under this paragraph shall
fected by coronavirus: Provided further, That sonal protective equipment needed for ad- submit reports and maintain documentation
sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), ministering tests, the development and vali- as the Secretary determines are needed to
and 330(e)(6)(B)(iii) of the PHS Act shall not dation of rapid, molecular point-of-care ensure compliance with conditions that are
apply to funds in the preceding proviso: Pro- tests, and other tests, support for workforce, imposed by this paragraph for such pay-
vided further, That funding made available epidemiology, to scale up academic, commer- ments, and such reports and documentation
under this paragraph in this Act shall not be cial, public health, and hospital laboratories, shall be in such form, with such content, and
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1
August 4, 2020 CONGRESSIONAL RECORD — SENATE S4785
in such time as the Secretary may prescribe preparation for, or response to coronavirus, Services Emergency Fund’’, ‘‘Administration
for such purpose: Provided further, That ‘‘eli- domestically and internationally, subject to for Children and Families’’, ‘‘Administration
gible health care providers’’ means public prior notification to the Committees on Ap- for Community Living’’, and ‘‘National Insti-
entities, Medicare or Medicaid enrolled sup- propriations of the House of Representatives tutes of Health’’ to prevent, prepare for, and
pliers and providers, and such for-profit enti- and the Senate: Provided, That such individ- respond to coronavirus following consulta-
ties and not-for-profit entities not otherwise uals may not be deemed employees of the tion with the Office of Management and
described in this proviso as the Secretary United States for the purpose of any law ad- Budget: Provided, That the Committees on
may specify, within the United States (in- ministered by the Office of Personnel Man- Appropriations of the House of Representa-
cluding territories), that provide diagnoses, agement: Provided further, That the author- tives and the Senate shall be notified 10 days
testing, or care for individuals with possible ity made available pursuant to this section in advance of any such transfer: Provided fur-
or actual cases of COVID–19: Provided further, shall expire on September 30, 2024. ther, That, upon a determination that all or
That the Secretary of Health and Human SEC. ll12. (a) If services performed by an part of the funds transferred from an appro-
Services shall, on a rolling basis, review ap- employee during 2020 are determined by the priation by this subtitle are not necessary,
plications and make payments under this head of the agency to be primarily related to such amounts may be transferred back to
paragraph in this Act: Provided further, That preparation, prevention, or response to that appropriation: Provided further, That
funds appropriated under this paragraph in coronavirus, any premium pay for such serv- none of the funds made available by this sub-
this Act shall be available for building or ices shall be disregarded in calculating the title may be transferred pursuant to the au-
construction of temporary structures, leas- aggregate of such employee’s basic pay and thority in section 205 of division A of Public
ing of properties, medical supplies and equip- premium pay for purposes of a limitation Law 116–94 or section 241(a) of the PHS Act.
SEC. ll15. Of the funds appropriated by
ment including personal protective equip- under section 5547(a) of title 5, United States
this subtitle under the heading ‘‘Public
ment and testing supplies, increased work- Code, or under any other provision of law,
Health and Social Services Emergency
force and trainings, emergency operation whether such employee’s pay is paid on a bi-
Fund’’, up to $6,000,000 shall be transferred
centers, retrofitting facilities, and surge ca- weekly or calendar year basis. to, and merged with, funds made available
pacity: Provided further, That, in this para- (b) Any overtime pay for such services
under the heading ‘‘Office of the Secretary,
graph, the term ‘‘payment’’ means a pre-pay- shall be disregarded in calculating any an-
Office of Inspector General’’, and shall re-
ment, prospective payment, or retrospective nual limit on the amount of overtime pay main available until expended, for oversight
payment, as determined appropriate by the payable in a calendar or fiscal year. of activities supported with funds appro-
Secretary: Provided further, That payments (c) With regard to such services, any pay
priated to the Department of Health and
under this paragraph shall be made in con- that is disregarded under either subsection Human Services to prevent, prepare for, and
sideration of the most efficient payment sys- (a) or (b) shall be disregarded in calculating respond to coronavirus, domestically or
tems practicable to provide emergency pay- such employee’s aggregate pay for purposes internationally: Provided, That the Inspector
ment: Provided further, That to be eligible for of the limitation in section 5307 of such title General of the Department of Health and
a payment under this paragraph, an eligible 5. Human Services shall consult with the Com-
health care provider shall submit to the Sec- (d)(1) Pay that is disregarded under sub- mittees on Appropriations of the House of
retary of Health and Human Services an ap- section (a) or (b) shall not cause the aggre- Representatives and the Senate prior to obli-
plication that includes a statement justi- gate of the employee’s basic pay and pre- gating such funds: Provided further, That the
fying the need of the provider for the pay- mium pay for the applicable calendar year to transfer authority provided by this section is
ment and the eligible health care provider exceed the rate of basic pay payable for a po- in addition to any other transfer authority
shall have a valid tax identification number: sition at level II of the Executive Schedule provided by law.
Provided further, That, not later than 3 years under section 5313 of title 5, United States SEC. ll16. Funds made available in Public
after final payments are made under this Code, as in effect at the end of such calendar Law 113–235 to the accounts of the National
paragraph, the Office of Inspector General of year. Institutes of Health that were available for
the Department of Health and Human Serv- (2) For purposes of applying this subsection obligation through fiscal year 2015 are to re-
ices shall transmit a final report on audit to an employee who would otherwise be sub- main available through fiscal year 2021 for
findings with respect to this program to the ject to the premium pay limits established the liquidation of valid obligations incurred
Committees on Appropriations of the House under section 5547 of title 5, United States in fiscal year 2015: Provided, That such
of Representatives and the Senate: Provided Code, ‘‘premium pay’’ means the premium amount is designated by the Congress as
further, That nothing in this section limits pay paid under the provisions of law cited in being for an emergency requirement pursu-
the authority of the Inspector General or the section 5547(a). ant to section 251(b)(2)(A)(i) of the Balanced
Comptroller General to conduct audits of in- (3) For purposes of applying this subsection Budget and Emergency Deficit Control Act
terim payments at an earlier date: Provided to an employee under a premium pay limit of 1985.
further, That not later than 60 days after the established under an authority other than SEC. ll17. Section 675B(b)(3) of the Com-
date of enactment of this Act, the Secretary section 5547 of title 5, United States Code, munity Services Block Grant Act (42 U.S.C.
of Health and Human Services shall provide the agency responsible for administering 9906(b)(3)) shall not apply with respect to
a report to the Committees on Appropria- such limit shall determine what payments funds appropriated by the Coronavirus Aid,
tions of the House of Representatives and are considered premium pay. Relief, and Economic Security Act (Public
the Senate on obligation of funds, including (e) This section shall take effect as if en- Law 116–136) to carry out the Community
obligations to such eligible health care pro- acted on February 2, 2020. Services Block Grant Act (42 U.S.C. 9901 et
(f) If application of this section results in seq.): Provided, That the amounts repurposed
viders summarized by State of the payment
the payment of additional premium pay to a in this section that were previously des-
receipt: Provided further, That such reports
covered employee of a type that is normally ignated by the Congress as an emergency re-
shall be updated and submitted to such Com-
creditable as basic pay for retirement or any quirement pursuant to the Balanced Budget
mittees every 60 days until funds are ex-
other purpose, that additional pay shall and Emergency Deficit Control Act of 1985
pended: Provided further, That such amount
not— are designated by the Congress as an emer-
is designated by the Congress as being for an
(1) be considered to be basic pay of the cov- gency requirement pursuant to section
emergency requirement pursuant to section
ered employee for any purpose; or 251(b)(2)(A)(i) of the Balanced Budget and
251(b)(2)(A)(i) of the Balanced Budget and
(2) be used in computing a lump-sum pay- Emergency Deficit Control Act of 1985.
Emergency Deficit Control Act of 1985.
ment to the covered employee for accumu- Subtitle C—Education
GENERAL PROVISIONS lated and accrued annual leave under section DEPARTMENT OF EDUCATION
(INCLUDING TRANSFER OF FUNDS) 5551 or section 5552 of title 5, United States EDUCATION STABILIZATION FUND
SEC. ll10. Funds appropriated by this Code.
subtitle may be used by the Secretary of the SEC. ll13. The paragraph codified at 42 For an additional amount for ‘‘Education
Department of Health and Human Services U.S.C. 231 shall be applied in this and all Stabilization Fund’’, $105,000,000,000, to re-
to appoint, without regard to the provisions other fiscal years as though the phrase ‘‘cen- main available through September 30, 2021,
of sections 3309 through 3319 of title 5 of the tral services’’ referred to central services for to prevent, prepare for, and respond to
United States Code, candidates needed for any Federal agency, and this section shall be coronavirus, domestically or internation-
effective as if enacted on the date of enact- ally: Provided, That such amount is des-
positions to perform critical work relating
ignated by the Congress as being for an
to coronavirus for which— ment of such paragraph.
SEC. ll14. Funds appropriated by this emergency requirement pursuant to section
(1) public notice has been given; and
subtitle to the heading ‘‘Department of 251(b)(2)(A)(i) of the Balanced Budget and
(2) the Secretary of Health and Human
SSpencer on DSK126QN23PROD with SENATE
Health and Human Services’’ except for the Emergency Deficit Control Act of 1985.
Services has determined that such a public
health threat exists. amounts specified in the third, and fourth GENERAL PROVISIONS
SEC. ll11. Funds made available by this paragraphs under the heading ‘‘Public EDUCATION STABILIZATION FUND
subtitle may be used to enter into contracts Health and Social Services Emergency SEC. ll21. (a) ALLOCATIONS.—From the
with individuals for the provision of personal Fund’’, may be transferred to, and merged amount made available under this heading in
services (as described in section 104 of part 37 with, other appropriation accounts under the this Act to carry out the Education Sta-
of title 48, Code of Federal Regulations (48 headings ‘‘Centers for Disease Control and bilization Fund, the Secretary shall first al-
CFR 37.104)) to support the prevention of, Prevention’’, ‘‘Public Health and Social locate—
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1
S4786 CONGRESSIONAL RECORD — SENATE August 4, 2020
(1) not more than one half of 1 percent to receiving funding provided in this title, in have its allocation reduced on a pro rata
the outlying areas on the basis of the terms such manner and with such subsequent fre- basis as determined by the Governor.
and conditions for funding provided under quency as the Secretary may require, that (d) PLAN CONTENTS.—A school reopening
this heading in the Coronavirus Aid, Relief, provides a detailed accounting of the use of plan submitted to a Governor under sub-
and Economic Security (CARES) Act (Public funds provided under this section. section (c)(2) shall include, in addition to
Law 116–136); and ELEMENTARY AND SECONDARY SCHOOL
any other information necessary to meet the
(2) one-half of 1 percent for the Secretary EMERGENCY RELIEF FUND
criteria determined by the Governor—
of the Interior for programs operated or (1) A detailed timeline for when the local
SEC. ll23. (a) GRANTS.—From funds re- educational agency will provide in-person in-
funded by the Bureau of Indian Education, served under section ll21(b)(2) of this title,
under the terms and conditions established struction, including the goals and criteria
the Secretary shall make supplemental ele- used for providing full-time in-person in-
for funding provided under this heading in mentary and secondary school emergency re-
the CARES Act (Public Law 116–136). struction to all students;
lief grants to each State educational agency (2) A description of how many days of in-
(b) RESERVATIONS.—After carrying out sub- with an approved application under section
section (a), the Secretary shall reserve the person instruction per calendar week the
18003 of division B of the CARES Act (Public local educational agency plans to offer to
remaining funds made available as follows: Law 116–136). The Secretary shall award
(1) 5 percent to carry out section ll22 of students during the 2020–2021 school year;
funds under this section to each State edu- and
this title. cational agency with an approved applica-
(2) 67 percent to carry out section ll23 of (3) An assurance that the local educational
tion within 15 calendar days of enactment of agency will offer students as much in-person
this title. this Act.
(3) 28 percent to carry out section ll24 of instruction as is safe and practicable, con-
(b) ALLOCATIONS TO STATES.—The amount sistent with maintaining safe and contin-
this title. of each grant under subsection (a) shall be uous operations aligned with challenging
GOVERNOR’S EMERGENCY EDUCATION RELIEF allocated by the Secretary to each State in state academic standards.
FUND the same proportion as each State received (e) USES OF FUNDS.—
SEC. ll22. (a) GRANTS.—From funds re- under part A of title I of the ESEA of 1965 in (1) A local educational agency or non-pub-
served under section ll21(b)(1) of this title, the most recent fiscal year. lic school that receives funds under sub-
the Secretary shall make supplemental (c) SUBGRANTS.—From the payment pro- section (c)(1) or section ll25 may use funds
Emergency Education Relief grants to the vided by the Secretary under subsection (b), for any of the following:
Governor of each State with an approved ap- the State educational agency shall provide (A) Activities to support returning to in-
plication under section 18002 of division B of services and assistance to local educational person instruction, including purchasing per-
the CARES Act (Public Law 116–136). The agencies and non-public schools, consistent sonal protective equipment, implementing
Secretary shall award funds under this sec- with the provisions of this subtitle. After flexible schedules to keep children in iso-
tion to the Governor of each State with an carrying out the reservation of funds in sec- lated groups, purchasing box lunches so that
approved application within 30 calendar days tion ll25 of this title, each State shall allo- children can eat in their classroom, pur-
of enactment of this Act. cate not less than 90 percent of the remain- chasing physical barriers, providing addi-
(b) ALLOCATIONS.—The amount of each ing grant funds awarded to the State under tional transportation services, repurposing
grant under subsection (a) shall be allocated this section as subgrants to local edu- existing school rooms and space, and improv-
by the Secretary to each State as follows: cational agencies (including charter schools ing ventilation systems.
(1) 60 percent on the basis of their relative that are local educational agencies) in the (B) Developing and implementing proce-
population of individuals aged 5 through 24. State in proportion to the amount of funds dures and systems to improve the prepared-
(2) 40 percent on the basis of their relative such local educational agencies and charter ness and response efforts of local educational
number of children counted under section schools that are local educational agencies agencies or non-public schools including co-
1124(c) of the Elementary and Secondary received under part A of title I of the ESEA ordination with State, local, Tribal, and ter-
Education Act of 1965 (referred to under this of 1965 in the most recent fiscal year. The ritorial public health departments, and other
heading as ‘‘ESEA’’). state educational agency shall make such relevant agencies, to improve coordinated
(c) USES OF FUNDS.—Grant funds awarded subgrants to local educational agencies as responses among such entities to prevent,
under subsection (b) may be used to— follows— prepare for, and respond to coronavirus.
(1) provide emergency support through (1) one-third of funds shall be awarded not (C) Providing principals and other school
grants to local educational agencies that the less than 15 calendar days after receiving an leaders with the resources necessary to ad-
State educational agency deems have been award from the Secretary under this section; dress the needs of their individual schools di-
most significantly impacted by coronavirus and rectly related to coronavirus.
to support the ability of such local edu- (2) the remaining two-thirds of funds shall (D) Providing additional services to ad-
cational agencies to continue to provide edu- be awarded only after the local educational dress the unique needs of low-income chil-
cational services to their students and to agency submits to the Governor and the dren or students, children with disabilities,
support the on-going functionality of the Governor approves a comprehensive school English learners, racial and ethnic minori-
local educational agency; reopening plan for the 2020–2021 school-year, ties, students experiencing homelessness,
(2) provide emergency support through based on criteria determined by the Gov- and foster care youth, including how out-
grants to institutions of higher education ernor in consultation with the state edu- reach and service delivery will meet the
serving students within the State that the cational agency (including criteria for the needs of each population.
Governor determines have been most signifi- Governor to carry out subparagraph (A) (E) Training and professional development
cantly impacted by coronavirus to support through (C)), that describes how the local for staff of the local educational agency or
the ability of such institutions to continue educational agency will safely reopen non-public school on sanitation and mini-
to provide educational services and support schools with the physical presence of stu- mizing the spread of infectious diseases.
the on-going functionality of the institution; dents, consistent with maintaining safe and (F) Purchasing supplies to sanitize, clean,
and continuous operations aligned with chal- and disinfect the facilities of a local edu-
(3) provide support to any other institution lenging state academic standards. The Gov- cational agency or non-public school, includ-
of higher education, local educational agen- ernor shall approve such plans within 30 days ing buildings operated by such agency.
cy, or education related entity within the after the plan is submitted, subject to the re- (G) Planning for and coordinating during
State that the Governor deems essential for quirements in subparagraphs (A) through long-term closures, including for how to pro-
carrying out emergency educational services (C). vide meals to eligible students, how to pro-
to students for authorized activities de- (A) A local educational agency that pro- vide technology for online learning to all
scribed in section ll23(e) of this title, the vides in-person instruction for at least 50 students, how to provide guidance for car-
ESEA of 1965, the Higher Education Act of percent of its students where the students rying out requirements under the Individuals
1965, the provision of child care and early physically attend school no less than 50 per- with Disabilities Education Act (20 U.S.C.
childhood education, social and emotional cent of each school-week, as it was defined 1401 et seq.) and how to ensure other edu-
support, career and technical education, by the local educational agency prior to the cational services can continue to be provided
adult education, and the protection of edu- coronavirus emergency, shall have its plan consistent with all Federal, State, and local
cation-related jobs. automatically approved. requirements.
(d) REALLOCATION.—Each Governor shall (B) A local educational agency that does (H) Purchasing educational technology (in-
return to the Secretary any funds received not provide in-person instruction to any stu- cluding hardware, software, and
SSpencer on DSK126QN23PROD with SENATE
under this section that the Governor does dents where the students physically attend connectivity) for students who are served by
not award within 6 months of receiving such school in-person shall not be eligible to re- the local educational agency or non-public
funds and the Secretary shall reallocate such ceive a subgrant under paragraph (2). school that aids in regular and substantive
funds to the remaining States in accordance (C) A local educational agency that pro- educational interaction between students
with subsection (b). vides in-person instruction to at least some and their classroom instructors, including
(e) REPORT.—A Governor receiving funds students where the students physically at- low-income students and students with dis-
under this section shall submit a report to tend school in-person but does not satisfy abilities, which may include assistive tech-
the Secretary, not later than 6 months after the requirements in subparagraph (A) shall nology or adaptive equipment.
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1
August 4, 2020 CONGRESSIONAL RECORD — SENATE S4787
(I) Expanding healthcare and other health (g) ASSURANCES.—A State, state edu- (B) 10 percent according to the relative
services (including mental health services cational agency, or local educational agency share of full-time equivalent enrollment of
and supports), including for children at risk receiving funding under this section shall students who were not Federal Pell Grant re-
of abuse or neglect. provide assurances, as applicable, that: cipients who were not exclusively enrolled in
(J) Planning and implementing activities (1) A State, State educational agency, or distance education courses prior to the
related to summer learning and supple- local educational agency will maintain and coronavirus emergency.
mental afterschool programs, including pro- expand access to high-quality schools, in- (2) 10 percent for additional awards under
viding classroom instruction or online learn- cluding high-quality public charter schools, parts A and B of title III, parts A and B of
ing during the summer months and address- and will not— title V, and subpart 4 of part A of title VII
ing the needs of low-income students, stu- (A) enact policies to close or prevent the of the Higher Education Act to address needs
dents with disabilities, English learners, mi- expansion of such schools to address revenue directly related to coronavirus, that shall be
grant students, students experiencing home- shortfalls that result in the disproportionate in addition to awards made in section
lessness, and children in foster care. closure or denial of expansion of public char- ll24(a)(1) of this title, and allocated by the
(2) A local educational agency that re- ter schools that are otherwise meeting the Secretary proportionally to such programs
ceives funds under subsection (c)(2) may use terms of their charter for academic achieve- based on the relative share of funding appro-
the funds for activities to carry out a com- ment; or priated to such programs in the Further Con-
prehensive school reopening plan as de- (B) disproportionally reduce funding to solidated Appropriations Act, 2020 (Public
scribed in this section, including: charter schools or otherwise increase fund- Law 116–94) and distributed to eligible insti-
(A) Purchasing personal protective equip- ing gaps between charter schools and other tutions of higher education, except as other-
ment, implementing flexible schedules to public schools in the local educational agen- wise provided in subparagraphs (A)–(D), on
keep children in isolated groups, purchasing cy. the basis of the formula described in section
box lunches so that children can eat in their (2) Allocations of funding and services pro- ll24(a)(1) of this title:
classroom, purchasing physical barriers, pro- vided from funds provided in this section to (A) Except as otherwise provided in sub-
viding additional transportation services, public charter schools are made on the same paragraph (B), for eligible institutions under
repurposing existing school rooms and space, basis as is used for all public schools, con- part B of title III and subpart 4 of part A of
and improving ventilation systems. sistent with state law and in consultation title VII of the Higher Education Act, the
(B) Developing and implementation of pro- with charter school leaders. Secretary shall allot to each eligible institu-
cedures and systems to improve the pre- (h) REPORT.—A State receiving funds under tion an amount using the following formula:
paredness and response efforts of local edu- this section shall submit a report to the Sec- (i) 70 percent according to a ratio equiva-
cational agencies or non-public schools, in- retary, not later than 6 months after receiv- lent to the number of Pell Grant recipients
cluding coordination with State, local, Trib- ing funding provided in this title, in such in attendance at such institution at the end
al, and territorial public health departments, manner and with such subsequent frequency of the school year preceding the beginning of
and other relevant agencies, to improve co- as the Secretary may require, that provides the most recent fiscal year and the total
ordinated responses among such entities to a detailed accounting of the use of funds pro- number of Pell Grant recipients at all such
prevent, prepare for, and respond to vided under this section. institutions;
coronavirus. (i) REALLOCATION.—A State shall return to (ii) 20 percent according to a ratio equiva-
the Secretary any funds received under this lent to the total number of students enrolled
(C) Providing principals and others school
section that the State does not award within at such institution at the end of the school
leaders with the resources necessary to ad-
4 months of receiving such funds and the year preceding the beginning of that fiscal
dress the needs of their individual schools.
Secretary shall deposit such funds into the year and the number of students enrolled at
(D) Providing additional services to ad-
general fund of the Treasury. all such institutions; and
dress the unique needs of low-income chil-
(j) RULE OF CONSTRUCTION.— (iii) 10 percent according to a ratio equiva-
dren or students, children with disabilities,
(1) The receipt of any funds authorized or lent to the total endowment size at all eligi-
English learners, racial and ethnic minori-
appropriated under this section, including ble institutions at the end of the school year
ties, students experiencing homelessness,
pursuant to section ll25 of this Act, by a preceding the beginning of that fiscal year
and foster care youth, including how out-
nonprofit entity, or by any individual who and the total endowment size at such insti-
reach and service delivery will meet the tutions;
needs of each population. has been admitted or applied for admission
to such entity (or any parent or guardian of (B) For eligible institutions under section
(E) Training and professional development 326 of the Higher Education Act, the Sec-
for staff of the local educational agency or such individual), shall not be construed to
retary shall allot to each eligible institution
non-public school on sanitation and mini- render such entity or person a recipient of
an amount in proportion to the award re-
mizing the spread of infectious diseases. Federal financial assistance for any purpose,
ceived from funding for such institutions in
(F) Purchasing supplies to sanitize, clean, nor shall any such person or entity be re-
the Further Consolidated Appropriations
and disinfect the facilities of a local edu- quired to make any alteration to its existing
Act, 2020 (Public Law 116–94);
cational agency or non-public school, includ- programs, facilities, or employment prac-
(C) For eligible institutions under section
ing buildings operated by such agency. tices except as required under this section.
316 of the Higher Education Act, the Sec-
(G) Purchasing educational technology (in- (2) No State participating in any program
retary shall allot funding according to the
cluding hardware, software, and under this section, including pursuant to
formula in section 316(d)(3) of the Higher
connectivity) for students who are served by section ll25 of this Act, shall impose any
Education Act; and
the local educational agency or non-public penalty or additional requirement upon, or
(D) Notwithstanding section 318(f) of the
school that aids in regular and substantive otherwise disadvantage, such entity or per-
Higher Education Act, for eligible institu-
educational interaction between students son as a consequence or condition of its re-
tions under section 318 of the Higher Edu-
and their classroom instructors, including ceipt of such funds.
cation Act, the Secretary shall allot funding
low-income students and students with dis- (3) No State participating in any program
according to the formula in section 318(e) of
abilities, which may include assistive tech- under this section shall authorize any person
the Higher Education Act.
nology or adaptive equipment. or entity to use any funds authorized or ap-
(3) 5 percent for grants to institutions of
(H) Expanding healthcare and other health propriated under this section, including pur-
higher education that the Secretary deter-
services (including mental health services suant to section ll25 of this Act, except as
mines, through an application process and
and supports), including for children at risk provided by subsection (e), nor shall any
after allocating funds under paragraphs
of abuse or neglect. such State impose any limits upon the use of
ll24(a)(1) and (2) of this Act, have the
(I) Planning and implementing activities any such funds except as provided by sub-
greatest unmet needs related to coronavirus.
related to summer learning and supple- section (e).
In awarding funds to institutions of higher
mental afterschool programs, including pro- HIGHER EDUCATION EMERGENCY RELIEF FUND education under this paragraph the Sec-
viding classroom instruction during the sum- SEC. ll24. (a) IN GENERAL.—From funds retary shall prioritize institutions of higher
mer months and addressing the needs of low- reserved under section ll21(b)(3) of this education—
income students, students with disabilities, title the Secretary shall allocate amounts as (A) described under title I of the Higher
English learners, migrant students, students follows: Education Act of 1965 that were not eligible
experiencing homelessness, and children in (1) 85 percent to each institution of higher to receive an award under section ll24(a)(1)
foster care. education described in section 101 or section of this title, including institutions described
(f) STATE FUNDING.—A State may reserve 102(c) of the Higher Education Act of 1965 to
SSpencer on DSK126QN23PROD with SENATE
in section 102(b) of the Higher Education Act
not more than 5 percent of the funds not oth- prevent, prepare for, and respond to of 1965; and
erwise allocated under subsection (c) and coronavirus, by apportioning it— (B) that otherwise demonstrate significant
section ll25 for administrative costs and (A) 90 percent according to the relative needs related to coronavirus that were not
the remainder for emergency needs as deter- share of full-time equivalent enrollment of addressed by funding allocated under sub-
mined by the state educational agency to ad- Federal Pell Grant recipients who were not sections (a)(1) or (a)(2) of this section.
dress issues responding to coronavirus, exclusively enrolled in distance education (b) DISTRIBUTION.—The funds made avail-
which may be addressed through the use of courses prior to the coronavirus emergency; able to each institution under subsection
grants or contracts. and (a)(1) shall be distributed by the Secretary
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1
S4788 CONGRESSIONAL RECORD — SENATE August 4, 2020
using the same systems as the Secretary emergency. Upon reserving funds under this title shall include assurances that the State
otherwise distributes funding to each insti- section, the Governor of the State shall will maintain support for elementary and
tution under title IV of the Higher Edu- award such funds equally to each non-public secondary education, and State support for
cation Act of 1965 (20 U.S.C. 1001 et seq.). school accredited or otherwise located in and higher education (which shall include State
(c) USES OF FUNDS.—An institution of high- licensed to operate in the State based on the funding to institutions of higher education
er education receiving funds under this sec- number of low-income students enrolled in and state need-based financial aid, and shall
tion may use the funds received to: the non-public school as a share of all low-in- not include support for capital projects or
(1) defray expenses associated with come students enrolled in non-public ele- for research and development or tuition and
coronavirus (including lost revenue, reim- mentary and secondary schools in the State fees paid by students) in fiscal years 2020 and
bursement for expenses already incurred, prior to the coronavirus emergency, subject 2021 at least at the proportional levels of
technology costs associated with a transi- to the requirements in subsection (b). such State’s support for elementary and sec-
tion to distance education, faculty and staff (b)(1) A non-public school that provides in- ondary education and for higher education
trainings, and payroll); and person instruction for at least 50 percent of relative to such States overall spending in
(2) provide financial aid grants to students its students where the students physically fiscal year 2019.
(including students exclusively enrolled in attend school no less than 50 percent of each STUDENT AID ADMINISTRATION
distance education), which may be used for school-week, as determined by the non-pub-
lic school prior to the coronavirus emer- For an additional amount for ‘‘Student Aid
any component of the student’s cost of at- Administration’’, $40,000,000, to remain avail-
gency, shall be eligible for the full amount of
tendance or for emergency costs that arise able through September 30, 2021, to prevent,
assistance per student as prescribed under
due to coronavirus. prepare for, and respond to coronavirus, do-
this section.
(d) SPECIAL PROVISIONS.— mestically or internationally, for carrying
(2) A non-public school that does not pro-
(1) A Historically Black College and Uni- vide in-person instruction to any students out part D of title I, and subparts 1, 3, 9 and
versity or a Minority Serving Institution where the students physically attend school 10 of part A, and parts B, C, D, and E of title
may use prior awards provided under titles in-person shall only be eligible for one-third IV of the HEA, and subpart 1 of part A of
III, V, and VII of the Higher Education Act of the amount of assistance per student as title VII of the Public Health Service Act:
to prevent, prepare for, and respond to prescribed under this section. Provided, That such amount is designated by
coronavirus. (3) A non-public school that provides in- the Congress as being for an emergency re-
(2) An institution of higher education re- person instruction to at least some students quirement pursuant to section 251(b)(2)(A)(i)
ceiving funds under section 18004 of division where the students physically attend school of the Balanced Budget and Emergency Def-
B of the CARES Act (Public Law 116–136) in-person but does not satisfy the require- icit Control Act of 1985.
may use those funds under the terms and ments in paragraph (1) shall have its amount INSTITUTE OF EDUCATION SCIENCES
conditions of section ll24(c) of this Act. of assistance as prescribed under this section For an additional amount for ‘‘Institute of
Amounts repurposed pursuant to this para- reduced on a pro rata basis, which shall be Education Sciences’’, $65,000,000, to remain
graph that were previously designated by the calculated using the same methodology as is available through September 30, 2021, to pre-
Congress as an emergency requirement pur- used under section ll23(c)(2)(C) of this vent, prepare for, and respond to
suant to the Balanced Budget and Emer- title. coronavirus, domestically or internation-
gency Deficit Control Act of 1985 are des- (4) A Governor shall allocate not less than ally, for carrying out the National Assess-
ignated by the Congress as an emergency re- 50 percent of the funds reserved in this sec- ment of Educational Progress Authorization
quirement pursuant to section 251(b)(2)(A)(i) tion to non-public schools within 30 days of
Act (title III of Public Law 107–279): Provided,
of the Balanced Budget and Emergency Def- receiving an award from the Secretary and
That such amount is designated by the Con-
icit Control Act of 1985. the remaining 50 percent not less than 4
gress as being for an emergency requirement
(3) No funds received by an institution of months after receiving an award from the
pursuant to section 251(b)(2)(A)(i) of the Bal-
higher education under this section shall be Secretary.
anced Budget and Emergency Deficit Control
used to fund contractors for the provision of CONTINUED PAYMENT TO EMPLOYEES
Act of 1985.
pre-enrollment recruitment activities; en- SEC. ll26. A local educational agency, DEPARTMENTAL MANAGEMENT
dowments; or capital outlays associated with State, institution of higher education, or
PROGRAM ADMINISTRATION
facilities related to athletics, sectarian in- other entity that receives funds under ‘‘Edu-
struction, or religious worship. cation Stabilization Fund’’, shall to the For an additional amount for ‘‘Program
(4) An institution of higher education that greatest extent practicable, continue to pay Administration’’, $8,000,000, to remain avail-
was required to remit payment to the Inter- its employees and contractors during the pe- able through September 30, 2021, to prevent,
nal Revenue Service for the excise tax based riod of any disruptions or closures related to prepare for, and respond to coronavirus, do-
on investment income of private colleges and coronavirus. mestically or internationally: Provided, That
universities under section 4968 of the Inter- DEFINITIONS such amount is designated by the Congress
nal Revenue Code of 1986 for tax year 2019 SEC. ll27. Except as otherwise provided as being for an emergency requirement pur-
shall have their allocation under this section in sections ll21–ll26 of this title, as used suant to section 251(b)(2)(A)(i) of the Bal-
reduced by 50 percent and may only use in such sections— anced Budget and Emergency Deficit Control
funds for activities described in paragraph (1) the terms ‘‘elementary education’’ and Act of 1985.
(c)(2). This paragraph shall not apply to an ‘‘secondary education’’ have the meaning OFFICE OF INSPECTOR GENERAL
institution of higher education designated by given such terms under State law; For an additional amount for ‘‘Office of In-
the Secretary as an eligible institution (2) the term ‘‘institution of higher edu- spector General’’, $7,000,000, to remain avail-
under section 448 of the Higher Education cation’’ has the meaning given such term in able through September 30, 2022, to prevent,
Act of 1965. title I of the Higher Education Act of 1965 (20 prepare for, and respond to coronavirus, do-
(e) REPORT.—An institution receiving U.S.C. 1001 et seq.); mestically or internationally, including for
funds under this section shall submit a re- (3) the term ‘‘Secretary’’ means the Sec- salaries and expenses necessary for oversight
port to the Secretary, not later than 6 retary of Education; and audit of programs, grants, and projects
months after receiving funding provided in (4) the term ‘‘State’’ means each of the 50 funded in this title to respond to
this title, in such manner and with such sub- States, the District of Columbia, and the coronavirus: Provided, That such amount is
sequent frequency as the Secretary may re- Commonwealth of Puerto Rico; designated by the Congress as being for an
quire, that provides a detailed accounting of (5) the term ‘‘cost of attendance’’ has the emergency requirement pursuant to section
the use of funds provided under this section. meaning given such term in section 472 of 251(b)(2)(A)(i) of the Balanced Budget and
(f) REALLOCATION.—Any funds allocated to the Higher Education Act of 1965; Emergency Deficit Control Act of 1985.
an institution of higher education under this (6) the term ‘‘Non-public school’’ means a GENERAL PROVISIONS
section on the basis of a formula described in non-public elementary and secondary school SEC. ll29. Funds made available in Public
subsection (a)(1) or (a)(2) but for which an in- that (A) is accredited, licensed, or otherwise Law 115–245 under the heading ‘‘National
stitution does not apply for funding within operates in accordance with State law; and Technical Institute for the Deaf’’ that were
60 days of the publication of the notice invit- (B) was in existence prior to the date of the available for obligation through fiscal year
ing applications, shall be reallocated to eli- qualifying emergency for which grants are 2019, and where a valid obligation was in-
gible institutions that had submitted an ap- awarded under this section; curred in such fiscal year, are to remain
plication by such date. (7) the term ‘‘public school’’ means a pub- available for obligation and expenditure by
ASSISTANCE TO NON-PUBLIC SCHOOLS lic elementary or secondary school; and educational agencies or institutions through
SSpencer on DSK126QN23PROD with SENATE
SEC. ll25. (a) FUNDS AVAILABILITY.—From (8) any other term used that is defined in fiscal year 2021, notwithstanding section
the payment provided by the Secretary section 8101 of the Elementary and Sec- 412(b) of the General Education Provisions
under section ll23 of this title to a State ondary Education Act of 1965 (20 U.S.C. 7801) Act (20 U.S.C. 1225): Provided, That such
educational agency, the State educational shall have the meaning given the term in amount is designated by the Congress as
agency shall reserve an amount of funds such section. being for an emergency requirement pursu-
equal to the percentage of students enrolled MAINTENANCE OF EFFORT ant to section 251(b)(2)(A)(i) of the Balanced
in non-public elementary and secondary SEC. ll28. A State’s application for funds Budget and Emergency Deficit Control Act
schools in the State prior to the coronavirus to carry out sections ll22 or ll23 of this of 1985.
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1
August 4, 2020 CONGRESSIONAL RECORD — SENATE S4789
SEC. ll30. Funds made available in Public Service—Operating Expenses’’ in title IV of 251(b)(2)(A)(i) of the Balanced Budget and
Law 115–245 under the heading ‘‘Gallaudet division A of the Further Consolidated Ap- Emergency Deficit Control Act of 1985.
University’’ that were available for obliga- propriations Act, 2020 (Public Law 116–94),
NATIONAL INSTITUTE OF DIABETES AND
tion through fiscal year 2019, and where a are hereby permanently rescinded, and an
DIGESTIVE AND KIDNEY DISEASES
valid obligation was incurred in such fiscal amount of additional new budget authority
year, are to remain available for obligation equivalent to the amount rescinded is hereby For an additional amount for ‘‘National In-
and expenditure by educational agencies or appropriated on September 30, 2020, to re- stitute of Diabetes and Digestive and Kidney
institutions through fiscal year 2021, not- main available until September 30, 2021, and Diseases’’, $200,000,000, to remain available
withstanding section 412(b) of the General shall be available for the same purposes, in until September 30, 2024, to prevent, prepare
Education Provisions Act (20 U.S.C. 1225): addition to other funds as may be available for, and respond to coronavirus, domestically
Provided, That such amount is designated by for such purposes, and under the same au- or internationally: Provided, That such
the Congress as being for an emergency re- thorities for which the funds were originally amount is designated by the Congress as
quirement pursuant to section 251(b)(2)(A)(i) provided in Public Law 116–94: Provided, That being for an emergency requirement pursu-
of the Balanced Budget and Emergency Def- any amounts appropriated by the preceding ant to section 251(b)(2)(A)(i) of the Balanced
icit Control Act of 1985. proviso shall not be subject to the allotment Budget and Emergency Deficit Control Act
SEC. ll31. Funds made available in Public requirements otherwise applicable under sec- of 1985.
Law 113–76 under the heading ‘‘Innovation tions 129(a), (b), (d), and (e) of the National
and Improvement’’ that were available for and Community Service Act of 1993: Provided NATIONAL INSTITUTE OF ALLERGY AND
obligation through December 31, 2014 for the further, That such amount is designated by INFECTIOUS DISEASES
Investing in Innovation program pursuant to the Congress as being for an emergency re- For an additional amount for ‘‘National In-
the eighth and ninth provisos under that quirement pursuant to section 251(b)(2)(A)(i) stitute of Allergy and Infectious Diseases’’,
heading in that Act are to remain available of the Balanced Budget and Emergency Def- $480,555,000, to remain available until Sep-
through fiscal year 2021 for the liquidation of icit Control Act of 1985. tember 30, 2024, to prevent, prepare for, and
valid obligations incurred in fiscal years 2014 (b)(1) Subsection (b) of section 3514 of title respond to coronavirus, domestically or
or 2015: Provided, That such amount is des- III of division A of the CARES Act (Public internationally: Provided, That $55,000,000
ignated by the Congress as being for an Law 116–136) is hereby repealed, and shall be shall be for Regional Biocontainment Lab-
emergency requirement pursuant to section applied hereafter as if such subsection had oratories: Provided further, That funding pro-
251(b)(2)(A)(i) of the Balanced Budget and never been enacted. vided in the previous proviso shall be divided
Emergency Deficit Control Act of 1985. (2)(A) IN GENERAL.—The amounts provided evenly among the eleven laboratories: Pro-
SEC. ll32. Funds made available in Public under this subsection are designated as an vided further, That such amount is des-
Law 113–76 under the heading ‘‘Rehabilita- emergency requirement pursuant to section ignated by the Congress as being for an
tion Services and Disability Research’’ that 4(g) of the Statutory Pay-As-You-Go Act of emergency requirement pursuant to section
were available for obligation through fiscal 2010 (2 U.S.C. 933(g)). 251(b)(2)(A)(i) of the Balanced Budget and
year 2015 for the Automated Personalization (B) DESIGNATION IN SENATE.—In the Senate, Emergency Deficit Control Act of 1985.
Computing Project pursuant to the first four this subsection is designated as an emer-
gency requirement pursuant to section EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE
provisos under that heading in that Act are
4112(a) of H. Con. Res. 71 (115th Congress), the OF CHILD HEALTH AND HUMAN DEVELOPMENT
to remain available through fiscal year 2021
for the liquidation of valid obligations in- concurrent resolution on the budget for fis- For an additional amount for ‘‘Eunice Ken-
curred in fiscal years 2014 or 2015: Provided, cal year 2018. nedy Shriver National Institute of Child
That such amount is designated by the Con- (C) CLASSIFICATION OF BUDGETARY EF- Health and Human Development’’,
gress as being for an emergency requirement FECTS.—Notwithstanding Rule 3 of the Budg- $172,680,000, to remain available until Sep-
pursuant to section 251(b)(2)(A)(i) of the Bal- et Scorekeeping Guidelines set forth in the tember 30, 2024, to prevent, prepare for, and
anced Budget and Emergency Deficit Control joint explanatory statement of the com- respond to coronavirus, domestically or
Act of 1985. mittee of conference accompanying Con- internationally: Provided, That such amount
Subtitle D—Related Matters ference Report 105–217 and section 250(c)(7) is designated by the Congress as being for an
and (c)(8) of the Balanced Budget and Emer- emergency requirement pursuant to section
RELATED AGENCIES 251(b)(2)(A)(i) of the Balanced Budget and
gency Deficit Control Act of 1985, the budg-
CORPORATION FOR PUBLIC BROADCASTING etary effects of this subsection— Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘Corporation (i) shall not be estimated for purposes of
NATIONAL INSTITUTE OF MENTAL HEALTH
for Public Broadcasting,’’ $175,000,000, to re- section 251 of such Act;
main available until September 30, 2021, to (ii) shall not be estimated for purposes of For an additional amount for ‘‘National In-
prevent, prepare for, and respond to paragraph (4)(C) of section 3 of the Statutory stitute of Mental Health’’, $200,000,000, to re-
coronavirus, including for fiscal stabilization Pay As-You-Go Act of 2010 as being included main available until September 30, 2024, to
grants to public telecommunications enti- in an appropriation Act; and prevent, prepare for, and respond to
ties, as defined by 47 U.S.C. 397(12), with no (iii) shall be treated as if they were con- coronavirus, domestically or internation-
deduction for administrative or other costs tained in a PAYGO Act, as defined by section ally: Provided, That such amount is des-
of the Corporation, to maintain program- 3(7) of the Statutory Pay-As-You-Go Act of ignated by the Congress as being for an
ming and services and preserve small and 2010 (2 U.S.C. 932(7)). emergency requirement pursuant to section
rural stations threatened by declines in non- 251(b)(2)(A)(i) of the Balanced Budget and
Federal revenues: Provided, That such SA 2522. Mr. BLUNT (for himself, Emergency Deficit Control Act of 1985.
amount is designated by the Congress as Mrs. CAPITO, and Mrs. HYDE-SMITH) NATIONAL INSTITUTE ON MINORITY HEALTH AND
being for an emergency requirement pursu- submitted an amendment intended to HEALTH DISPARITIES
ant to section 251(b)(2)(A)(i) of the Balanced be proposed to amendment SA 2499 pro-
Budget and Emergency Deficit Control Act For an additional amount for ‘‘National In-
of 1985.
posed by Mr. MCCONNELL to the bill S. stitute on Minority Health and Health Dis-
178, to condemn gross human rights parities’’, $64,334,000, to remain available
GENERAL PROVISIONS—THIS TITLE until September 30, 2024, to prevent, prepare
violations of ethnic Turkic Muslims in
SEC. ll41. Not later than 30 days after the for, and respond to coronavirus, domestically
Xinjiang, and calling for an end to ar-
date of enactment of this Act, the Secre- or internationally: Provided, That such
taries of Labor, Health and Human Services, bitrary detention, torture, and harass-
amount is designated by the Congress as
and Education shall provide a detailed spend ment of these communities inside and being for an emergency requirement pursu-
plan of anticipated uses of funds made avail- outside China; which was ordered to lie ant to section 251(b)(2)(A)(i) of the Balanced
able in this title, including estimated per- on the table; as follows: Budget and Emergency Deficit Control Act
sonnel and administrative costs, to the Com- At the appropriate place, insert the fol- of 1985.
mittees on Appropriations of the House of lowing:
Representatives and the Senate: Provided, NATIONAL CENTER FOR ADVANCING
DEPARTMENT OF HEALTH AND HUMAN TRANSLATIONAL SCIENCES
That such plans shall be updated and sub- SERVICES
mitted to such Committees every 60 days For an additional amount for ‘‘National
NATIONAL INSTITUTES OF HEALTH Center for Advancing Translational
until September 30, 2024: Provided further,
That the spend plans shall be accompanied NATIONAL HEART, LUNG, AND BLOOD INSTITUTE Sciences’’, $1,224,750,000, to remain available
SSpencer on DSK126QN23PROD with SENATE
by a listing of each contract obligation in- For an additional amount for ‘‘National until September 30, 2024, to prevent, prepare
curred that exceeds $5,000,000 which has not Heart, Lung, and Blood Institute’’, for, and respond to coronavirus, domestically
previously been reported, including the $290,000,000, to remain available until Sep- or internationally: Provided, That such
amount of each such obligation. tember 30, 2024, to prevent, prepare for, and amount is designated by the Congress as
SEC. ll42. (a) The remaining unobligated respond to coronavirus, domestically or being for an emergency requirement pursu-
balances of funds as of September 30, 2020, internationally: Provided, That such amount ant to section 251(b)(2)(A)(i) of the Balanced
from amounts provided under the heading is designated by the Congress as being for an Budget and Emergency Deficit Control Act
‘‘Corporation for National and Community emergency requirement pursuant to section of 1985.
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.042 S04AUPT1
File and source
- File
- CREC_crec-2020-08-04_crec-2020-08-04-pt1-pgs4780.pdf
- Size
- 289,023 bytes
- SHA-256
- 1b883e7fa640b8c901339e4cc5c9a0d31d8917d2d685a6d1729ab2a69f7177f7
- Original
- www.govinfo.gov