Senate Amendments SA 2523 and SA 2524 to S. 178, August 4, 2020 — Congressional Record
Summary
This is the Congressional Record, Senate, for August 4, 2020, pages S4790 and S4791, printing Senate amendments SA 2523 and SA 2524, with interleaved columns. Mr. Blunt, for himself and Mr. Daines, submitted SA 2523 to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, which concerns the treatment of ethnic Turkic Muslims in Xinjiang. Its health title provides $26,000,000,000 for the Public Health and Social Services Emergency Fund, including a requirement that vaccines be affordable in the commercial market. SA 2524, submitted by Mr. Blunt for himself and Mr. Alexander, provides $105,000,000,000 for the Education Stabilization Fund and sets rules for school reopening plans.
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“Senate Amendments SA 2523 and SA 2524 to S. 178, August 4, 2020 — 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-pgs4790-2-cc5d09f712/
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S4790 CONGRESSIONAL RECORD — SENATE August 4, 2020
OFFICE OF THE DIRECTOR able under this paragraph in this Act to re- of Representatives and the Senate 2 days in
(INCLUDING TRANSFER OF FUNDS) spond to an outbreak or pandemic related to advance of any obligation in excess of
coronavirus in quantities determined by the $50,000,000, including but not limited to con-
For an additional amount for ‘‘Office of the
Secretary to be adequate to address the pub- tracts and interagency agreements, from
Director’’, $12,905,337,000, to remain available
lic health need: Provided further, That prod- funds provided in this paragraph in this Act:
until September 30, 2024, to prevent, prepare
ucts purchased by the Federal government Provided further, That funds appropriated
for, and respond to coronavirus, domestically
with funds made available under this para- under this paragraph in this Act may be used
or internationally: Provided, That not less
graph in this Act, including vaccines, thera- for the construction, alteration, or renova-
than $10,100,000,000 of the amount provided
peutics, and diagnostics, shall be purchased tion of non-federally owned facilities for the
under this heading in this Act shall be for in accordance with Federal Acquisition Reg- production of vaccines, therapeutics,
offsetting the costs related to reductions in ulation guidance on fair and reasonable pric- diagnostics, and medical supplies where the
lab productivity resulting from the ing: Provided further, That the Secretary may Secretary determines that such a contract is
coronavirus pandemic or public health meas- take such measures authorized under current necessary to secure sufficient amounts of
ures related to the coronavirus pandemic: law to ensure that vaccines, therapeutics, such supplies: Provided further, That the not
Provided further, That $1,325,337,000 of the and diagnostics developed from funds pro- later than 30 days after enactment of this
amount provided under this heading in this vided in this title will be affordable in the Act, and every 30 days thereafter until funds
Act shall be to support additional scientific commercial market: Provided further, That in are expended, the Secretary shall report to
research or the programs and platforms that carrying out the previous proviso, the Sec- the Committees on Appropriations of the
support research: Provided further, That retary shall not take actions that delay the House of Representatives and the Senate on
$1,240,000,000 of the amount provided under development of such products: Provided fur- uses of funding for Operation Warp Speed,
this heading in this Act shall be provided to ther, That the Secretary shall ensure that detailing current obligations by Department
accelerate the research and development of protections remain for individuals enrolled or Agency, or component thereof broken out
therapeutic interventions and vaccines in in group or individual health care coverage by the coronavirus supplemental appropria-
partnership: Provided further, that no less with pre-existing conditions, including those tions Act that provided the source of funds:
than $240,000,000 of the amount provided linked to coronavirus: Provided further, That Provided further, That the plan outlined in
under this heading in this Act shall be for products purchased with funds appropriated the previous proviso shall include funding by
supplements to existing research training under this paragraph in this Act may, at the contract, grant, or other transaction in ex-
awards for extensions and other costs: Pro- discretion of the Secretary of Health and cess of $20,000,000 with a notation of which
vided further, That funds available under this Human Services, be deposited in the Stra- Department or Agency, and component
heading in this Act may be transferred to tegic National Stockpile under section 319F– thereof is managing the contract: Provided
the accounts of Institutes and Centers of the 2 of the Public Health Service Act: Provided further, That the Secretary shall enter into
NIH: Provided further, That this transfer au- further, That funds appropriated under this an agreement with the National Academies
thority is in addition to any other transfer paragraph in this Act may be transferred to, of Sciences, Engineering, and Medicine
authority available to the NIH: Provided fur- and merged with, the fund authorized by sec- (‘‘Academies’’) to develop a decision frame-
ther, That such amount is designated by the tion 319F–4, the Covered Counter measure work to assist domestic and global health
Congress as being for an emergency require- Process Fund, of the Public Health Service authorities in planning an equitable dis-
ment pursuant to section 251(b)(2)(A)(i) of Act: Provided further, That of the amount ap- tribution of coronavirus vaccines: Provided
the Balanced Budget and Emergency Deficit propriated under this paragraph in this Act, further, That the Academies, in developing
Control Act of 1985. $20,000,000,000 shall be available to the Bio- the framework, shall consider equity criteria
medical Advanced Research and Develop- which may include consideration of risk fac-
SA 2523. Mr. BLUNT (for himself and ment Authority for necessary expenses of tors related to health disparities and health
Mr. DAINES) submitted an amendment manufacturing, production, and purchase, at care access, underlying health conditions,
intended to be proposed to amendment the discretion of the Secretary, of vaccines, conditions faced by racial and ethnic minori-
SA 2499 proposed by Mr. MCCONNELL to therapeutics, diagnostics, and small mol- ties, individuals in higher-risk occupations,
ecule active pharmaceutical ingredients, in- and first responders, geographic distribution
the bill S. 178, to condemn gross human
cluding the development, translation, and of the coronavirus, and vaccine hesitancy:
rights violations of ethnic Turkic Mus- demonstration at scale of innovations in Provided further, That the Academies shall
lims in Xinjiang, and calling for an end manufacturing platforms: Provided further, provide recommendations on vaccine dis-
to arbitrary detention, torture, and That funds in the previous proviso may be tribution to the Advisory Committee on Im-
harassment of these communities in- used for the construction or renovation of munization Practices not later than Sep-
side and outside China; which was or- U.S.-based next generation manufacturing tember 18, 2020: Provided further, That the
dered to lie on the table; as follows: facilities, other than facilities owned by the agreement shall provide for an ongoing as-
United States Government: Provided further, sessment by the Academies of how vaccine
At the appropriate place, insert the fol-
That of the amount provided under this distribution meets equity criteria and rec-
lowing: heading in this Act, $6,000,000,000 shall be for ommendations for how vaccine distribution
TITLE ll— activities to plan, prepare for, promote, dis- may better align with such criteria as appli-
DEPARTMENT OF HEALTH AND HUMAN tribute, administer, monitor, and track cable, which shall inform the Advisory Com-
SERVICES coronavirus vaccines to ensure broad-based mittee on Immunization Practices’s
OFFICE OF THE SECRETARY distribution, access, and vaccine coverage: prioritization recommendations and vaccine
Provided further, That the Secretary shall co- distribution activities: Provided further, That
PUBLIC HEALTH AND SOCIAL SERVICES
ordinate funding and activities outlined in such amount is designated by the Congress
EMERGENCY FUND
the previous proviso through the Director of as being for an emergency requirement pur-
(INCLUDING TRANSFER OF FUNDS) CDC: Provided further, That the Secretary, suant to section 251(b)(2)(A)(i) of the Bal-
For an additional amount for ‘‘Public through the Director of CDC, shall report to anced Budget and Emergency Deficit Control
Health and Social Services Emergency the Committees on Appropriations of the Act of 1985.
Fund’’, $26,000,000,000, to remain available House of Representatives and the Senate
until September 30, 2024, to prevent, prepare within 60 days of enactment of this Act on a SA 2524. Mr. BLUNT (for himself and
for, and respond to coronavirus, domestically comprehensive coronavirus vaccine distribu- Mr. ALEXANDER) submitted an amend-
or internationally, including the develop- tion strategy and spend plan that includes ment intended to be proposed to
ment of necessary countermeasures and vac- how existing infrastructure will be lever- amendment SA 2499 proposed by Mr.
cines, prioritizing platform-based tech- aged, enhancements or new infrastructure MCCONNELL to the bill S. 178, to con-
nologies with U.S.-based manufacturing ca- that may be built, considerations for moving
demn gross human rights violations of
pabilities, the purchase of vaccines, thera- and storing vaccines, guidance for how
peutics, diagnostics, necessary medical sup- States and health care providers should pre- ethnic Turkic Muslims in Xinjiang, and
plies, as well as medical surge capacity, ad- pare for, store, and administer vaccines, na- calling for an end to arbitrary deten-
dressing blood supply chain, workforce mod- tionwide vaccination targets, funding that tion, torture, and harassment of these
ernization, telehealth access and infrastruc- will be distributed to States, how an infor- communities inside and outside China;
ture, initial advanced manufacturing, novel mational campaign to both the public and which was ordered to lie on the table;
dispensing, enhancements to the U.S. Com- health care providers will be executed, and as follows:
missioned Corps, and other preparedness and how the vaccine distribution plan will focus
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At the appropriate place, insert the fol-
response activities: Provided, That funds ap- efforts on high risk, underserved, and minor- lowing:
propriated under this paragraph in this Act ity populations: Provided further, That such
TITLE ll—
may be used to develop and demonstrate in- plan shall be updated and provided to the
novations and enhancements to manufac- Committees on Appropriations of the House DEPARTMENT OF EDUCATION
turing platforms to support such capabili- of Representatives and the Senate 90 days EDUCATION STABILIZATION FUND
ties: Provided further, That the Secretary of after submission of the first plan: Provided For an additional amount for ‘‘Education
Health and Human Services shall purchase further, That the Secretary shall notify the Stabilization Fund’’, $105,000,000,000, to re-
vaccines developed using funds made avail- Committees on Appropriations of the House main available through September 30, 2021,
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4791
to prevent, prepare for, and respond to 1965, the provision of child care and early physically attend school no less than 50 per-
coronavirus, domestically or internation- childhood education, social and emotional cent of each school-week, as it was defined
ally: Provided, That such amount is des- support, career and technical education, by the local educational agency prior to the
ignated by the Congress as being for an adult education, and the protection of edu- coronavirus emergency, shall have its plan
emergency requirement pursuant to section cation-related jobs. automatically approved.
251(b)(2)(A)(i) of the Balanced Budget and (d) REALLOCATION.—Each Governor shall (B) A local educational agency that does
Emergency Deficit Control Act of 1985. return to the Secretary any funds received not provide in-person instruction to any stu-
GENERAL PROVISIONS under this section that the Governor does dents where the students physically attend
not award within 6 months of receiving such school in-person shall not be eligible to re-
EDUCATION STABILIZATION FUND
funds and the Secretary shall reallocate such ceive a subgrant under paragraph (2).
SEC. ll11. (a) ALLOCATIONS.— From the funds to the remaining States in accordance (C) A local educational agency that pro-
amount made available under this heading in with subsection (b). vides in-person instruction to at least some
this Act to carry out the Education Sta- (e) REPORT.—A Governor receiving funds students where the students physically at-
bilization Fund, the Secretary shall first al- under this section shall submit a report to tend school in-person but does not satisfy
locate— the Secretary, not later than 6 months after the requirements in subparagraph (A) shall
(1) not more than one half of 1 percent to receiving funding provided in this title, in have its allocation reduced on a pro rata
the outlying areas on the basis of the terms such manner and with such subsequent fre- basis as determined by the Governor.
and conditions for funding provided under quency as the Secretary may require, that (d) PLAN CONTENTS.—A school reopening
this heading in the Coronavirus Aid, Relief, provides a detailed accounting of the use of plan submitted to a Governor under sub-
and Economic Security (CARES) Act (Public funds provided under this section. section (c)(2) shall include, in addition to
Law 116–136); and any other information necessary to meet the
ELEMENTARY AND SECONDARY SCHOOL
(2) one-half of 1 percent for the Secretary criteria determined by the Governor—
EMERGENCY RELIEF FUND
of the Interior for programs operated or (1) A detailed timeline for when the local
funded by the Bureau of Indian Education, SEC. ll13. (a) GRANTS.—From funds re- educational agency will provide in-person in-
under the terms and conditions established served under section ll11(b)(2) of this title, struction, including the goals and criteria
for funding provided under this heading in the Secretary shall make supplemental ele- used for providing full-time in-person in-
the CARES Act (Public Law 116–136). mentary and secondary school emergency re- struction to all students;
(b) RESERVATIONS.—After carrying out sub- lief grants to each State educational agency (2) A description of how many days of in-
section (a), the Secretary shall reserve the with an approved application under section person instruction per calendar week the
remaining funds made available as follows: 18003 of division B of the CARES Act (Public local educational agency plans to offer to
(1) 5 percent to carry out section ll12 of Law 116–136). The Secretary shall award students during the 2020–2021 school year;
this title. funds under this section to each State edu- and
(2) 67 percent to carry out section ll13 of cational agency with an approved applica- (3) An assurance that the local educational
this title. tion within 15 calendar days of enactment of agency will offer students as much in-person
(3) 28 percent to carry out section ll14 of this Act. 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. ll12. (a) GRANTS.—From funds re- under part A of title I of the ESEA of 1965 in (1) A local educational agency or non-pub-
served under section ll11(b)(1) of this title, the most recent fiscal year. lic school that receives funds under sub-
the Secretary shall make supplemental (c) SUBGRANTS.—From the payment pro- section (c)(1) or section ll15 may use funds
Emergency Education Relief grants to the vided by the Secretary under subsection (b), for any of the following:
Governor of each State with an approved ap- the State educational agency shall provide (A) Activities to support returning to in-
plication under section 18002 of division B of services and assistance to local educational person instruction, including purchasing per-
the CARES Act (Public Law 116–136). The agencies and non-public schools, consistent sonal protective equipment, implementing
Secretary shall award funds under this sec- with the provisions of this title relating to flexible schedules to keep children in iso-
tion to the Governor of each State with an the Department of Education. After carrying lated groups, purchasing box lunches so that
approved application within 30 calendar days out the reservation of funds in section ll15 children can eat in their classroom, pur-
of enactment of this Act. of this title, each State shall allocate not chasing physical barriers, providing addi-
(b) ALLOCATIONS.—The amount of each less than 90 percent of the remaining grant tional transportation services, repurposing
grant under subsection (a) shall be allocated funds awarded to the State under this sec- existing school rooms and space, and improv-
by the Secretary to each State as follows: tion as subgrants to local educational agen- ing ventilation systems.
(1) 60 percent on the basis of their relative cies (including charter schools that are local (B) Developing and implementing proce-
population of individuals aged 5 through 24. educational agencies) in the State in propor- dures and systems to improve the prepared-
(2) 40 percent on the basis of their relative tion to the amount of funds such local edu- ness and response efforts of local educational
number of children counted under section cational agencies and charter schools that agencies or non-public schools including co-
1124(c) of the Elementary and Secondary are local educational agencies received under ordination with State, local, Tribal, and ter-
Education Act of 1965 (referred to under this part A of title I of the ESEA of 1965 in the ritorial public health departments, and other
heading as ‘‘ESEA’’). most recent fiscal year. The state edu- relevant agencies, to improve coordinated
(c) USES OF FUNDS.—Grant funds awarded cational agency shall make such subgrants responses among such entities to prevent,
under subsection (b) may be used to— to local educational agencies as follows— prepare for, and respond to coronavirus.
(1) provide emergency support through (1) one-third of funds shall be awarded not (C) Providing principals and other school
grants to local educational agencies that the less than 15 calendar days after receiving an leaders with the resources necessary to ad-
State educational agency deems have been award from the Secretary under this section; dress the needs of their individual schools di-
most significantly impacted by coronavirus and rectly related to coronavirus.
to support the ability of such local edu- (2) the remaining two-thirds of funds shall (D) Providing additional services to ad-
cational agencies to continue to provide edu- be awarded only after the local educational dress the unique needs of low-income chil-
cational services to their students and to agency submits to the Governor and the dren or students, children with disabilities,
support the on-going functionality of the Governor approves a comprehensive school English learners, racial and ethnic minori-
local educational agency; reopening plan for the 2020–2021 school-year, ties, students experiencing homelessness,
(2) provide emergency support through based on criteria determined by the Gov- and foster care youth, including how out-
grants to institutions of higher education ernor in consultation with the state edu- reach and service delivery will meet the
serving students within the State that the cational agency (including criteria for the needs of each population.
Governor determines have been most signifi- Governor to carry out subparagraph (A) (E) Training and professional development
cantly impacted by coronavirus to support through (C)), that describes how the local for staff of the local educational agency or
the ability of such institutions to continue educational agency will safely reopen non-public school on sanitation and mini-
to provide educational services and support schools with the physical presence of stu- mizing the spread of infectious diseases.
the on-going functionality of the institution; dents, consistent with maintaining safe and (F) Purchasing supplies to sanitize, clean,
and continuous operations aligned with chal- and disinfect the facilities of a local edu-
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(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 ll13(e) of this title, the vides in-person instruction for at least 50 students, how to provide guidance for car-
ESEA of 1965, the Higher Education Act of percent of its students where the students rying out requirements under the Individuals
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S4792 CONGRESSIONAL RECORD — SENATE August 4, 2020
with Disabilities Education Act (20 U.S.C. mer months and addressing the needs of low- title the Secretary shall allocate amounts as
1401 et seq.) and how to ensure other edu- income students, students with disabilities, follows:
cational services can continue to be provided English learners, migrant students, students (1) 85 percent to each institution of higher
consistent with all Federal, State, and local experiencing homelessness, and children in education described in section 101 or section
requirements. foster care. 102(c) of the Higher Education Act of 1965 to
(H) Purchasing educational technology (in- (f) STATE FUNDING.—A State may reserve prevent, prepare for, and respond to
cluding hardware, software, and not more than 5 percent of the funds not oth- coronavirus, by apportioning it—
connectivity) for students who are served by erwise allocated under subsection (c) and (A) 90 percent according to the relative
the local educational agency or non-public section ll15 for administrative costs and share of full-time equivalent enrollment of
school that aids in regular and substantive the remainder for emergency needs as deter- Federal Pell Grant recipients who were not
educational interaction between students mined by the state educational agency to ad- exclusively enrolled in distance education
and their classroom instructors, including dress issues responding to coronavirus, courses prior to the coronavirus emergency;
low-income students and students with dis- which may be addressed through the use of and
abilities, which may include assistive tech- grants or contracts. (B) 10 percent according to the relative
nology or adaptive equipment. (g) ASSURANCES.—A State, state edu- share of full-time equivalent enrollment of
(I) Expanding healthcare and other health cational agency, or local educational agency students who were not Federal Pell Grant re-
services (including mental health services receiving funding under this section shall cipients who were not exclusively enrolled in
and supports), including for children at risk provide assurances, as applicable, that: distance education courses prior to the
of abuse or neglect. (1) A State, State educational agency, or coronavirus emergency.
(J) Planning and implementing activities local educational agency will maintain and (2) 10 percent for additional awards under
related to summer learning and supple- expand access to high-quality schools, in- parts A and B of title III, parts A and B of
mental afterschool programs, including pro- cluding high-quality public charter schools, title V, and subpart 4 of part A of title VII
viding classroom instruction or online learn- and will not— of the Higher Education Act to address needs
ing during the summer months and address- (A) enact policies to close or prevent the directly related to coronavirus, that shall be
ing the needs of low-income students, stu- expansion of such schools to address revenue in addition to awards made in section
dents with disabilities, English learners, mi- shortfalls that result in the disproportionate ll14(a)(1) of this title, and allocated by the
grant students, students experiencing home- closure or denial of expansion of public char- Secretary proportionally to such programs
lessness, and children in foster care. ter schools that are otherwise meeting the based on the relative share of funding appro-
(2) A local educational agency that re- terms of their charter for academic achieve- priated to such programs in the Further Con-
ceives funds under subsection (c)(2) may use ment; or solidated Appropriations Act, 2020 (Public
the funds for activities to carry out a com- (B) disproportionally reduce funding to Law 116–94) and distributed to eligible insti-
prehensive school reopening plan as de- charter schools or otherwise increase fund- tutions of higher education, except as other-
scribed in this section, including: ing gaps between charter schools and other wise provided in subparagraphs (A)–(D), on
(A) Purchasing personal protective equip- public schools in the local educational agen- the basis of the formula described in section
ment, implementing flexible schedules to cy. ll14(a)(1) of this title:
keep children in isolated groups, purchasing (2) Allocations of funding and services pro- (A) Except as otherwise provided in sub-
box lunches so that children can eat in their vided from funds provided in this section to paragraph (B), for eligible institutions under
classroom, purchasing physical barriers, pro- public charter schools are made on the same part B of title III and subpart 4 of part A of
viding additional transportation services, basis as is used for all public schools, con- title VII of the Higher Education Act, the
repurposing existing school rooms and space, sistent with state law and in consultation Secretary shall allot to each eligible institu-
and improving ventilation systems. with charter school leaders. tion an amount using the following formula:
(B) Developing and implementation of pro- (h) REPORT.—A State receiving funds under (i) 70 percent according to a ratio equiva-
cedures and systems to improve the pre- this section shall submit a report to the Sec- lent to the number of Pell Grant recipients
paredness and response efforts of local edu- retary, not later than 6 months after receiv- in attendance at such institution at the end
cational agencies or non-public schools, in- ing funding provided in this title, in such of the school year preceding the beginning of
cluding coordination with State, local, Trib- manner and with such subsequent frequency the most recent fiscal year and the total
al, and territorial public health departments, as the Secretary may require, that provides number of Pell Grant recipients at all such
and other relevant agencies, to improve co- a detailed accounting of the use of funds pro- institutions;
ordinated responses among such entities to vided under this section. (ii) 20 percent according to a ratio equiva-
prevent, prepare for, and respond to (i) REALLOCATION.—A State shall return to lent to the total number of students enrolled
coronavirus. the Secretary any funds received under this at such institution at the end of the school
(C) Providing principals and others school section that the State does not award within year preceding the beginning of that fiscal
leaders with the resources necessary to ad- 4 months of receiving such funds and the year and the number of students enrolled at
dress the needs of their individual schools. Secretary shall deposit such funds into the all such institutions; and
(D) Providing additional services to ad- general fund of the Treasury. (iii) 10 percent according to a ratio equiva-
dress the unique needs of low-income chil- (j) RULE OF CONSTRUCTION.— lent to the total endowment size at all eligi-
dren or students, children with disabilities, (1) The receipt of any funds authorized or ble institutions at the end of the school year
English learners, racial and ethnic minori- appropriated under this section, including preceding the beginning of that fiscal year
ties, students experiencing homelessness, pursuant to section ll15 of this Act, by a and the total endowment size at such insti-
and foster care youth, including how out- nonprofit entity, or by any individual who tutions;
reach and service delivery will meet the has been admitted or applied for admission (B) For eligible institutions under section
needs of each population. to such entity (or any parent or guardian of 326 of the Higher Education Act, the Sec-
(E) Training and professional development such individual), shall not be construed to retary shall allot to each eligible institution
for staff of the local educational agency or render such entity or person a recipient of an amount in proportion to the award re-
non-public school on sanitation and mini- Federal financial assistance for any purpose, ceived from funding for such institutions in
mizing the spread of infectious diseases. nor shall any such person or entity be re- the Further Consolidated Appropriations
(F) Purchasing supplies to sanitize, clean, quired to make any alteration to its existing Act, 2020 (Public Law 116–94);
and disinfect the facilities of a local edu- programs, facilities, or employment prac- (C) For eligible institutions under section
cational agency or non-public school, includ- tices except as required under this section. 316 of the Higher Education Act, the Sec-
ing buildings operated by such agency. (2) No State participating in any program retary shall allot funding according to the
(G) Purchasing educational technology (in- under this section, including pursuant to formula in section 316(d)(3) of the Higher
cluding hardware, software, and section ll15 of this Act, shall impose any Education Act; and
connectivity) for students who are served by penalty or additional requirement upon, or (D) Notwithstanding section 318(f) of the
the local educational agency or non-public otherwise disadvantage, such entity or per- Higher Education Act, for eligible institu-
school that aids in regular and substantive son as a consequence or condition of its re- tions under section 318 of the Higher Edu-
educational interaction between students ceipt of such funds. cation Act, the Secretary shall allot funding
and their classroom instructors, including (3) No State participating in any program according to the formula in section 318(e) of
low-income students and students with dis- under this section shall authorize any person the Higher Education Act.
abilities, which may include assistive tech- or entity to use any funds authorized or ap- (3) 5 percent for grants to institutions of
nology or adaptive equipment. propriated under this section, including pur- higher education that the Secretary deter-
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(H) Expanding healthcare and other health suant to section ll15 of this Act, except as mines, through an application process and
services (including mental health services provided by subsection (e), nor shall any after allocating funds under paragraphs
and supports), including for children at risk such State impose any limits upon the use of ll14(a)(1) and (2) of this Act, have the
of abuse or neglect. any such funds except as provided by sub- greatest unmet needs related to coronavirus.
(I) Planning and implementing activities section (e). In awarding funds to institutions of higher
related to summer learning and supple- HIGHER EDUCATION EMERGENCY RELIEF FUND education under this paragraph the Sec-
mental afterschool programs, including pro- SEC. ll14. (a) IN GENERAL.—From funds retary shall prioritize institutions of higher
viding classroom instruction during the sum- reserved under section ll11(b)(3) of this education—
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4793
(A) described under title I of the Higher ing applications, shall be reallocated to eli- operates in accordance with State law; and
Education Act of 1965 that were not eligible gible institutions that had submitted an ap- (B) was in existence prior to the date of the
to receive an award under section ll14(a)(1) plication by such date. qualifying emergency for which grants are
of this title, including institutions described ASSISTANCE TO NON-PUBLIC SCHOOLS awarded under this section;
in section 102(b) of the Higher Education Act (7) the term ‘‘public school’’ means a pub-
SEC. ll15. (a) FUNDS AVAILABILITY.—From
of 1965; and lic elementary or secondary school; and
the payment provided by the Secretary
(B) that otherwise demonstrate significant (8) any other term used that is defined in
under section ll13 of this title to a State
needs related to coronavirus that were not section 8101 of the Elementary and Sec-
educational agency, the State educational
addressed by funding allocated under sub- ondary Education Act of 1965 (20 U.S.C. 7801)
agency shall reserve an amount of funds
sections (a)(1) or (a)(2) of this section. shall have the meaning given the term in
equal to the percentage of students enrolled
(b) DISTRIBUTION.—The funds made avail- such section.
able to each institution under subsection in non-public elementary and secondary
schools in the State prior to the coronavirus MAINTENANCE OF EFFORT
(a)(1) shall be distributed by the Secretary SEC. ll18. A State’s application for funds
using the same systems as the Secretary emergency. Upon reserving funds under this
section, the Governor of the State shall to carry out sections ll12 or ll13 of this
otherwise distributes funding to each insti- title shall include assurances that the State
tution under title IV of the Higher Edu- award such funds equally to each non-public
school accredited or otherwise located in and will maintain support for elementary and
cation Act of 1965 (20 U.S.C. 1001 et seq.). secondary education, and State support for
(c) USES OF FUNDS.—An institution of high- licensed to operate in the State based on the
number of low-income students enrolled in higher education (which shall include State
er education receiving funds under this sec-
the non-public school as a share of all low-in- funding to institutions of higher education
tion may use the funds received to:
come students enrolled in non-public ele- and state need-based financial aid, and shall
(1) defray expenses associated with
mentary and secondary schools in the State not include support for capital projects or
coronavirus (including lost revenue, reim-
prior to the coronavirus emergency, subject for research and development or tuition and
bursement for expenses already incurred,
to the requirements in subsection (b). fees paid by students) in fiscal years 2020 and
technology costs associated with a transi-
(b)(1) A non-public school that provides in- 2021 at least at the proportional levels of
tion to distance education, faculty and staff
person instruction for at least 50 percent of such State’s support for elementary and sec-
trainings, and payroll); and
its students where the students physically ondary education and for higher education
(2) provide financial aid grants to students relative to such States overall spending in
(including students exclusively enrolled in attend school no less than 50 percent of each
school-week, as determined by the non-pub- fiscal year 2019.
distance education), which may be used for
any component of the student’s cost of at- lic school prior to the coronavirus emer- STUDENT AID ADMINISTRATION
tendance or for emergency costs that arise gency, shall be eligible for the full amount of For an additional amount for ‘‘Student Aid
due to coronavirus. assistance per student as prescribed under Administration’’, $40,000,000, to remain avail-
(d) SPECIAL PROVISIONS.— this section. able through September 30, 2021, to prevent,
(1) A Historically Black College and Uni- (2) A non-public school that does not pro- prepare for, and respond to coronavirus, do-
versity or a Minority Serving Institution vide in-person instruction to any students mestically or internationally, for carrying
may use prior awards provided under titles where the students physically attend school out part D of title I, and subparts 1, 3, 9 and
III, V, and VII of the Higher Education Act in-person shall only be eligible for one-third 10 of part A, and parts B, C, D, and E of title
to prevent, prepare for, and respond to of the amount of assistance per student as IV of the HEA, and subpart 1 of part A of
coronavirus. prescribed under this section. title VII of the Public Health Service Act:
(2) An institution of higher education re- (3) A non-public school that provides in- Provided, That such amount is designated by
ceiving funds under section 18004 of division person instruction to at least some students the Congress as being for an emergency re-
B of the CARES Act (Public Law 116–136) where the students physically attend school quirement pursuant to section 251(b)(2)(A)(i)
may use those funds under the terms and in-person but does not satisfy the require- of the Balanced Budget and Emergency Def-
conditions of section ll14(c) of this Act. ments in paragraph (1) shall have its amount icit Control Act of 1985.
Amounts repurposed pursuant to this para- of assistance as prescribed under this section INSTITUTE OF EDUCATION SCIENCES
graph that were previously designated by the reduced on a pro rata basis, which shall be For an additional amount for ‘‘Institute of
Congress as an emergency requirement pur- calculated using the same methodology as is Education Sciences’’, $65,000,000, to remain
suant to the Balanced Budget and Emer- used under section ll13(c)(2)(C) of this available through September 30, 2021, to pre-
gency Deficit Control Act of 1985 are des- title. vent, prepare for, and respond to
ignated by the Congress as an emergency re- (4) A Governor shall allocate not less than coronavirus, domestically or internation-
quirement pursuant to section 251(b)(2)(A)(i) 50 percent of the funds reserved in this sec- ally, for carrying out the National Assess-
of the Balanced Budget and Emergency Def- tion to non-public schools within 30 days of ment of Educational Progress Authorization
icit Control Act of 1985. receiving an award from the Secretary and Act (title III of Public Law 107–279): Provided,
(3) No funds received by an institution of the remaining 50 percent not less than 4 That such amount is designated by the Con-
higher education under this section shall be months after receiving an award from the gress as being for an emergency requirement
used to fund contractors for the provision of Secretary. pursuant to section 251(b)(2)(A)(i) of the Bal-
pre-enrollment recruitment activities; en- CONTINUED PAYMENT TO EMPLOYEES anced Budget and Emergency Deficit Control
dowments; or capital outlays associated with SEC. ll16. A local educational agency, Act of 1985.
facilities related to athletics, sectarian in- State, institution of higher education, or DEPARTMENTAL MANAGEMENT
struction, or religious worship. other entity that receives funds under ‘‘Edu- PROGRAM ADMINISTRATION
(4) An institution of higher education that cation Stabilization Fund’’, shall to the For an additional amount for ‘‘Program
was required to remit payment to the Inter- greatest extent practicable, continue to pay Administration’’, $8,000,000, to remain avail-
nal Revenue Service for the excise tax based its employees and contractors during the pe- able through September 30, 2021, to prevent,
on investment income of private colleges and riod of any disruptions or closures related to prepare for, and respond to coronavirus, do-
universities under section 4968 of the Inter- coronavirus. mestically or internationally: Provided, That
nal Revenue Code of 1986 for tax year 2019 DEFINITIONS such amount is designated by the Congress
shall have their allocation under this section as being for an emergency requirement pur-
reduced by 50 percent and may only use SEC. ll17. Except as otherwise provided
suant to section 251(b)(2)(A)(i) of the Bal-
funds for activities described in paragraph in sections ll11–ll16 of this title, as used
anced Budget and Emergency Deficit Control
(c)(2). This paragraph shall not apply to an in such sections—
Act of 1985.
institution of higher education designated by (1) the terms ‘‘elementary education’’ and
OFFICE OF INSPECTOR GENERAL
the Secretary as an eligible institution ‘‘secondary education’’ have the meaning
given such terms under State law; For an additional amount for ‘‘Office of In-
under section 448 of the Higher Education spector General’’, $7,000,000, to remain avail-
Act of 1965. (2) the term ‘‘institution of higher edu-
cation’’ has the meaning given such term in able through September 30, 2022, to prevent,
(e) REPORT.—An institution receiving
title I of the Higher Education Act of 1965 (20 prepare for, and respond to coronavirus, do-
funds under this section shall submit a re-
U.S.C. 1001 et seq.); mestically or internationally, including for
port to the Secretary, not later than 6
(3) the term ‘‘Secretary’’ means the Sec- salaries and expenses necessary for oversight
months after receiving funding provided in
retary of Education; and audit of programs, grants, and projects
this title, in such manner and with such sub-
(4) the term ‘‘State’’ means each of the 50 funded in this title to respond to
SSpencer on DSK126QN23PROD with SENATE
sequent frequency as the Secretary may re-
States, the District of Columbia, and the coronavirus: Provided, That such amount is
quire, that provides a detailed accounting of
Commonwealth of Puerto Rico; designated by the Congress as being for an
the use of funds provided under this section.
(f) REALLOCATION.—Any funds allocated to (5) the term ‘‘cost of attendance’’ has the emergency requirement pursuant to section
an institution of higher education under this meaning given such term in section 472 of 251(b)(2)(A)(i) of the Balanced Budget and
section on the basis of a formula described in the Higher Education Act of 1965. Emergency Deficit Control Act of 1985.
subsection (a)(1) or (a)(2) but for which an in- (6) the term ‘‘Non-public school’’ means a GENERAL PROVISIONS
stitution does not apply for funding within non-public elementary and secondary school SEC. ll19. Funds made available in Public
60 days of the publication of the notice invit- that (A) is accredited, licensed, or otherwise Law 115–245 under the heading ‘‘National
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S4794 CONGRESSIONAL RECORD — SENATE August 4, 2020
Technical Institute for the Deaf’’ that were tivities, including training services provided (3) $350,000,000 from the Trust Fund is for
available for obligation through fiscal year through individual training accounts, incum- grants to States in accordance with section
2019, and where a valid obligation was in- bent worker training, transitional jobs, cus- 6 of the Wagner-Peyser Act, to remain avail-
curred in such fiscal year, are to remain tomized training, on-the-job training, the able through June 30, 2021:
available for obligation and expenditure by identification of training providers including Provided further, That such amount is des-
educational agencies or institutions through online providers, and activities to facilitate ignated by the Congress as being for an
fiscal year 2021, notwithstanding section remote access to employment and training emergency requirement pursuant to section
412(b) of the General Education Provisions services through a one-stop center that lead 251(b)(2)(A)(i) of the Balanced Budget and
Act (20 U.S.C. 1225): Provided, That such to employment in high-skill, high-wage, or Emergency Deficit Control Act of 1985.
amount is designated by the Congress as in-demand industry sectors or occupations, DEPARTMENTAL MANAGEMENT
being for an emergency requirement pursu- including health care, direct care, and manu- SALARIES AND EXPENSES
ant to section 251(b)(2)(A)(i) of the Balanced facturing;
Budget and Emergency Deficit Control Act (INCLUDING TRANSFER OF FUNDS)
(2) $150,000,000 for grants to States for
of 1985. youth workforce investment activities: Pro- For an additional amount for ‘‘Depart-
SEC. ll20. Funds made available in Public vided, That a local board shall not be re- mental Management’’, $15,600,000, to remain
Law 115–245 under the heading ‘‘Gallaudet quired to meet the requirements of section available until September 30, 2022, to pre-
University’’ that were available for obliga- 129(a)(4)(A) of the Workforce Innovation and vent, prepare for, and respond to
tion through fiscal year 2019, and where a Opportunity Act (29 U.S.C. 3164(a)(4)(A)): Pro- coronavirus, including to enforce worker
valid obligation was incurred in such fiscal vided further, That each State and local area protection laws and regulations, and to over-
year, are to remain available for obligation receiving funds under this paragraph in this see and coordinate activities related to divi-
and expenditure by educational agencies or Act for youth workforce investment activi- sion C, division D, division E, and division F
institutions through fiscal year 2021, not- ties shall give priority to out-of-school of Public Law 116–127, and activities under
withstanding section 412(b) of the General youth and eligible youth who are members of Public Law 116–136: Provided, That the Sec-
Education Provisions Act (20 U.S.C. 1225): one or more populations listed in section retary of Labor may transfer the amounts
Provided, That such amount is designated by 3(24) of such Act (29 U.S.C. 3102(24)); provided under this heading in this Act as
the Congress as being for an emergency re- (3) $150,000,000 for adult employment and necessary to ‘‘Employment and Training Ad-
quirement pursuant to section 251(b)(2)(A)(i) training activities; and ministration—Program Administration’’,
of the Balanced Budget and Emergency Def- (4) $150,000,000 for the dislocated workers ‘‘Employee Benefits Security Administra-
icit Control Act of 1985. tion’’, ‘‘Wage and Hour Division’’, Office of
assistance national reserve:
SEC. ll21. Funds made available in Public Workers’ Compensation Programs’’, ‘‘Occu-
Provided further, That notwithstanding sec-
Law 113–76 under the heading ‘‘Innovation pational Safety and Health Administration’’,
tion 128(a) of the Workforce Innovation and
and Improvement’’ that were available for and ‘‘Mine Safety and Health Administra-
Opportunity Act (29 U.S.C. 3163(a)), the Gov-
obligation through December 31, 2014 for the tion’’, to prevent, prepare for, and respond to
ernor may reserve up to 25 percent of the
Investing in Innovation program pursuant to coronavirus, including for enforcement,
funds allotted under each of paragraphs (1),
the eighth and ninth provisos under that oversight, and coordination activities in
(2), and (3) under this heading in this Act for
heading in that Act are to remain available those accounts: Provided further, That of the
statewide activities described in sections
through fiscal year 2021 for the liquidation of amount provided under this heading in this
129(b) and 134(a) of such Act: Provided further,
valid obligations incurred in fiscal years 2014 Act, $5,000,000, to remain available until ex-
or 2015: Provided, That such amount is des- That notwithstanding section 128(b)(4) of the
Workforce Innovation and Opportunity Act pended, shall be transferred to ‘‘Office of In-
ignated by the Congress as being for an spector General’’, for oversight of activities
emergency requirement pursuant to section (29 U.S.C. 3163(b)(4)), local areas may use not
more than 20 percent of the funds allocated related to Public Law 116–127 and Public Law
251(b)(2)(A)(i) of the Balanced Budget and
to the local area under each of paragraphs 116–136 and for oversight activities supported
Emergency Deficit Control Act of 1985.
(1), (2), and (3) under this heading in this Act with funds appropriated to the Department
SEC. ll22. Funds made available in Public
for administrative costs: Provided further, of Labor to prevent, prepare for, and respond
Law 113–76 under the heading ‘‘Rehabilita-
That such amount is designated by the Con- to coronavirus: Provided further, That 15 days
tion Services and Disability Research’’ that
gress as being for an emergency requirement prior to transferring any funds pursuant to
were available for obligation through fiscal
pursuant to section 251(b)(2)(A)(i) of the Bal- the previous provisos under the heading in
year 2015 for the Automated Personalization
anced Budget and Emergency Deficit Control this Act, the Secretary shall provide to the
Computing Project pursuant to the first four
Act of 1985. Committees on Appropriations of the House
provisos under that heading in that Act are
STATE UNEMPLOYMENT INSURANCE AND of Representatives and the Senate an oper-
to remain available through fiscal year 2021
EMPLOYMENT SERVICE OPERATIONS ating plan describing the planned uses of
for the liquidation of valid obligations in-
each amount proposed to be transferred: Pro-
curred in fiscal years 2014 or 2015: Provided, For an additional amount for ‘‘State Un-
vided further, That such amount is des-
That such amount is designated by the Con- employment Insurance and Employment
ignated by the Congress as being for an
gress as being for an emergency requirement Service Operations’’, $1,504,000,000, to pre-
emergency requirement pursuant to section
pursuant to section 251(b)(2)(A)(i) of the Bal- vent, prepare for, and respond to
251(b)(2)(A)(i) of the Balanced Budget and
anced Budget and Emergency Deficit Control coronavirus, domestically or internation-
Emergency Deficit Control Act of 1985.
Act of 1985. ally, which may be expended from the Em-
ployment Security Administration Account GENERAL PROVISION
SA 2525. Mr. BLUNT submitted an in the Unemployment Trust Fund (‘‘The SEC. ll01. Paragraph (1) under the head-
amendment intended to be proposed by Trust Fund’’), of which: ing ‘‘Department of Labor—Veterans Em-
him to the bill S. 178, to condemn gross (1) $1,115,500,000 from the Trust Fund to re- ployment and Training’’ of title I of division
human rights violations of ethnic main available through December 31, 2021, is A of Public Law 116–94 is amended by strik-
Turkic Muslims in Xinjiang, and call- for grants to States for the administration of ing ‘‘obligation by the States through De-
State unemployment insurance laws as au- cember 31, 2020’’ and inserting ‘‘expenditure
ing for an end to arbitrary detention, by the States through September 30, 2022’’:
thorized under title III of the Social Security
torture, and harassment of these com- Act including grants to upgrade information Provided, That such amount is designated by
munities inside and outside China; technology to improve the administration the Congress as being for an emergency re-
which was ordered to lie on the table; and processing of unemployment compensa- quirement pursuant to section 251(b)(2)(A)(i)
as follows: tion claims: Provided, That, the Secretary of the Balanced Budget and Emergency Def-
At the appropriate place, insert the fol- may distribute such amounts, with respect icit Control Act of 1985.
lowing: to upgrading information technology, based Subtitle B—Health and Human Services
TITLE ll——DEPARTMENTS OF LABOR, on the condition and needs of the State in- DEPARTMENT OF HEALTH AND HUMAN
HEALTH AND HUMAN SERVICES, AND formation technology systems or other ap- SERVICES
EDUCATION, AND RELATED AGENCIES propriate factors, which may include the
ratio described under section 903(a)(2)(B) of CENTERS FOR DISEASE CONTROL AND
Subtitle A—Labor PREVENTION
the Social Security Act: Provided further,
DEPARTMENT OF LABOR CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
That funds provided for information tech-
EMPLOYMENT AND TRAINING ADMINISTRATION nology under this heading in this Act shall For an additional amount for ‘‘CDC-Wide
TRAINING AND EMPLOYMENT SERVICES be available for obligation by the States Activities and Program Support’’,
SSpencer on DSK126QN23PROD with SENATE
For an additional amount for ‘‘Training through September 30, 2027 and available for $3,400,000,000, to remain available until Sep-
and Employment Services’’, $950,000,000, to expenditure by the States through Sep- tember 30, 2024, to prevent, prepare for, and
remain available through September 30, 2022, tember 30, 2028; respond to coronavirus, domestically or
to prevent, prepare for, and respond to (2) $38,500,000 from the Trust Fund is for internationally: Provided, That of the
coronavirus, domestically or internation- national activities necessary to support the amount provided under this heading in this
ally, which shall be used as follows: administration of the Federal-State unem- Act, not less than $1,500,000,000 shall be for
(1) $500,000,000 for grants to States for dis- ployment insurance system, to remain avail- grants to or cooperative agreements with
located worker employment and training ac- able through September 30, 2021; and States, localities, territories, tribes, tribal
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- www.govinfo.gov